FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Physician Access in Teaching Hospitals (PATH) Act of 2011''. SEC. 2. DISTRIBUTION OF ADDITIONAL RESIDENCY SLOTS. Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended-- (1) in paragraph (7)(E), by inserting ``paragraph (9),'' after ``paragraph (8),''; and (2) by adding at the end the following: ``(9) Distribution of additional residency positions.-- ``(A) Reductions in limit based on unused positions.-- ``(i) In general.--Except as provided in clause (ii), if a hospital's resident level (as defined in paragraph (7)(C)(i)) for each of the 5 most recent cost reporting periods (ending before the date of the enactment of this paragraph) of the hospital for which a cost report has been settled (or, if not, submitted subject to audit) as determined by the Secretary is less than the otherwise applicable resident limit (as defined in paragraph (8)(H)(iii)), effective for portions of cost reporting periods occurring on or after the paragraph (9) effective date (as defined in subparagraph (E)), the otherwise applicable resident limit shall be reduced by the difference between such otherwise applicable resident limit and the highest such reference resident level for any of such 5 cost reporting periods. ``(ii) Exception.--Clause (i) shall not apply to-- ``(I) a hospital located in a rural area with fewer than 250 beds; or ``(II) a hospital that has had in effect a voluntary residency reduction plan under paragraph (6) or pursuant to section 402 of Public Law 90-248. ``(B) Requirements for additional residency slots.-- ``(i) In general.--The Secretary shall increase the otherwise applicable resident limit for hospitals that submit an application under this subparagraph by such number as the Secretary may approve for portions of cost reporting periods occurring on or after the paragraph (9) effective date. The aggregate number of increases in the otherwise applicable resident limit under this subparagraph shall be equal to the sum of-- ``(I) the aggregate reduction in such limits attributable to subparagraph (A) (as estimated by the Secretary); and ``(II) 1,000 for portions of cost reporting periods occurring during the 12-month period beginning on the paragraph (9) effective date, 1,000 additional positions for portions of cost reporting periods occurring during the 12-month period beginning 1 year after such effective date, 1,000 additional positions for portion of cost reporting period occurring during the 12-month period beginning 2 years after such effective date, and such number of additional positions for portions of the 2 subsequent cost reporting periods as the Secretary may determine necessary to support residency training programs in specialities that exceed 3 years. ``(ii) Consideration in redistribution.--In determining for which hospitals the increase in the otherwise applicable resident limit is provided under this subparagraph, the Secretary shall take into account-- ``(I) data provided by the Health Resources and Services Administration as a national standard to exhibit a specific demand in the health care workforce, as well as the Administration's projected demand and supply for physicians in the specialty of medicine involved; and ``(II) the demonstrated likelihood of the hospital filling positions made available under this paragraph within the first 3 cost reporting periods beginning on or after the paragraph (9) effective date. The Secretary shall give special consideration for up to 25 additional positions in the case of a hospital that demonstrates the likelihood of filing such positions during the first cost reporting period beginning on or after such effective date. ``(iii) Limitation.--In no case shall the number of additional positions made available to a hospital under this paragraph exceed 25 in the first cost reporting period or 75 for all cost reporting periods. ``(C) Priority for additional positions resulting from hospital closures.--With respect to additional positions described in subparagraph (B)(i)(I) which are derived from a reduction in limits under subparagraph (A) for a hospital that closed (in this subparagraph referred to as a `closed hospital'), the Secretary shall distribute the increase to hospitals in the following priority order: ``(i) First, to other hospitals for the program or programs under which the hospital had a cooperative arrangement with the closed hospital under which residents in the graduate medical education program of the closed hospital also rotated through the other hospital. ``(ii) Second, to other hospitals that are members of the same affiliated group of hospitals as the closed hospital. ``(iii) Third, to other hospitals that are located in the same or contiguous core-based statistical area as the closed hospital. ``(D) Preference.--After applying subparagraph (C) and the special consideration under subparagraph (B), in determining for which hospitals the increase in the otherwise applicable resident limit is provided under subparagraph (B), the Secretary shall give preference to hospitals-- ``(i) that submit an application for new residents in primary care and geriatric medicine and in other specialties as determined to be in demand under subparagraph (B)(ii)(I); and ``(ii) that emphasize training in community health centers and other community-based or hospital-sponsored clinics, and private physicians' offices, including physician groups. ``(E) Paragraph (9) effective date defined.--In this paragraph, the term `paragraph (9) effective date' means July 1 of the year that begins after the date of the enactment of this paragraph. ``(F) Affiliation.--The provisions of this paragraph shall be applied to hospitals which are members of the same affiliated group (as defined by the Secretary under paragraph (4)(H)(ii)) and the reference resident level for each such hospital with respect to the cost reporting period that results in the smallest difference between the reference resident level and the otherwise applicable resident limit.''. SEC. 3. EXPANDING PRIMARY CARE BONUS TO CERTAIN UNDERSERVED SPECIALTIES. (a) In General.--Section 1833(x)(2)(A) of the Social Security Act (42 U.S.C. 1395l(x)(2)(A)) is amended-- (1) in clause (i)-- (A) by striking ``or'' at the end of subclause (I); (B) by striking ``and'' at the end of subclause (II) and inserting ``or''; and (C) by adding at the end the following new subclause: ``(III) is a physician (as described in section 1861(r)(1)) who is in an underserved specialty, such as psychiatry or neurology, as specified by the Secretary, or other specialty identified by the Secretary to be in demand; and''; and (2) in clause (ii), by inserting after ``(ii)'' the following: ``in the case of an individual described in subclause (I) or (II) of clause (i),''. (b) Effective Date.--The amendments made by subsection (a) shall apply to payments for items and services furnished on or after January 1, 2012. SEC. 4. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45S. SMALL PHYSICIAN PRACTICE RESIDENCY CREDIT. ``(a) In General.--For purposes of section 38, the amount of the small physician practice residency credit determined under this section for any taxable year with respect to a qualified small physician practice is the sum of the following: ``(1) Overall amount.--The per resident dollar amount multiplied by the number of qualified teaching hospital residents who provide services to, and are trained by, such practice during the taxable year and who are in their first, second, or third post-graduate year of medical residency. ``(2) Bonus.--The sum of-- ``(A) 50 percent of the per resident dollar amount multiplied by the number of such residents who are in their first post-graduate year of medical residency during the taxable year; and ``(B) 25 percent of the per resident dollar amount multiplied by the average number of such residents who are not counted under subparagraph (A) and are in their second post-graduate year during the taxable year. ``(b) Qualified Small Physician Practice.--For purposes of this section, the term `qualified small physician practice' means any trade or business of providing physicians' services (as defined in section 1861(q) of the Social Security Act), which may be a community health center, that is owned and operated by a doctor of medicine or osteopathy if fewer than 50 individuals are employed in such trade or business (including new training sites) and the trade or business includes as part of the practice the training of doctors of medicine or osteopathy in a rotation covering at least 6 months in the taxable year. All persons treated as a single employer under subsection (a) or (b) or section 52 or subsection (m) or (o) of section 414 shall be treated as a single trade or business for purposes of the preceding sentence. ``(c) Qualified Teaching Hospital Residents.--For purposes of this section, the term `qualified teaching hospital resident' means any resident (within the meaning of subparagraph (I) of section 1886(h)(5) of the Social Security Act) in an approved medical residency training program (as defined in subparagraph (A) of such section) which provides services to the qualified small physician practice (while utilizing the technologies and supplies of such practice) for a period not less than-- ``(1) 4 weeks in the case of a primary care resident (as defined in subparagraph (H) of such section); or ``(2) 2 weeks in the case of any other resident. ``(d) Per Resident Dollar Amount.--For purposes of this section, the term `per resident dollar amount' means, in the case of a qualified small physician practice that includes as part of the practice the training of doctors of medicine or osteopathy in a rotation covering-- ``(1) at least 6 months but less than 9 months in the taxable year, $2,500; or ``(2) at least 9 months in the taxable year, $3,000. ``(e) Residents Not Taken Into Account More Than Once.--A qualified teaching hospital resident shall be taken into account under subsection (a) for the taxable in which the period described in subsection (c) ends and shall not be so taken into account for any other taxable year.''. (b) Credit Allowed as Part of General Business Credit.--Section 38(b) of such Code (defining current year business credit) is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the small physician practice residency credit determined under section 45S(a).''. (c) Conforming Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Small physician practice residency credit.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Improving Physician Access in Teaching Hospitals (PATH) Act of 2011 - Amends title XVIII (Medicare) of the Social Security Act with respect to distribution of additional resident positions as they affect calculation of payments for direct graduate medical education (DME) costs. States that, if a hospital's resident level for each of the five most recent cost reporting periods is less than the otherwise applicable resident limit, then the otherwise applicable resident limit shall be reduced by the difference between it and the highest reference resident level for any of those five cost reporting periods. Excepts from this reduction requirement a hospital: (1) located in a rural area with fewer than 250 beds, or (2) that has had in effect a voluntary residency reduction plan. Requires the Secretary of Health and Human Services (HHS) to increase the otherwise applicable resident limit (create additional residency slots) for applicant hospitals according to a specified formula that takes into account the aggregate reduction in limits attributable to this Act. Expands the primary care bonus to certain underserved specialties, such as psychiatry or neurology. Amends the Internal Revenue Code to allow a small physician practice residency credit.

To amend title XVIII of the Social Security Act to provide opportunities for additional residency slots in participating teaching hospitals and to expand the primary care bonus to certain underserved specialties and to amend the Internal Revenue Code of 1986 to provide tax incentives for practicing-teaching physicians.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Capacity Building Act of 2009''. SEC. 2. NONPROFIT CAPACITY BUILDING PROGRAM. Title III of the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended-- (1) by striking the title heading and inserting the following: ``TITLE III--VOLUNTEER AND CHARITABLE ACTIVITIES ``Subtitle A--Points of Light Foundation''; and (2) by adding at the end the following: ``Subtitle B--Nonprofit Capacity Building Program ``SEC. 311. PROGRAM. ``(a) Definitions.--In this section: ``(1) Intermediary nonprofit grantee.--The term `intermediary nonprofit grantee' means an intermediary nonprofit organization that receives a grant under subsection (b). ``(2) Intermediary nonprofit organization.--The term `intermediary nonprofit organization' means an experienced and capable nonprofit training and technical assistance entity with meaningful prior experience in providing organizational development assistance, or capacity building assistance, focused on small and midsize nonprofit organizations. ``(3) Nonprofit.--The term `nonprofit', used with respect to an entity or organization, means an entity or organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(4) State.--The term `State' means each of the several States, and the District of Columbia. ``(b) Grants.--The Corporation shall establish a Nonprofit Capacity Building Program to make grants to intermediary nonprofit organizations to serve as intermediary nonprofit grantees. The Corporation shall make the grants to enable the intermediary nonprofit grantees to pay for the Federal share of the cost of delivering organizational development assistance for small and midsize nonprofit organizations, especially those nonprofit organizations facing resource hardship challenges. Each of the grantees shall match the grant funds by providing a non-Federal share as described in subsection (f). ``(c) Periods and Amount.--The Corporation shall make such a grant for a period of 3 years, unless the Corporation, in the Corporation's discretion, provides for a different period, for an initial or renewed grant. To the extent practicable, the Corporation shall make such a grant to an intermediary nonprofit organization in each State, and shall make such grant in an amount of not less than $200,000. ``(d) Application.--To be eligible to receive a grant under this section, an intermediary nonprofit organization shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. The intermediary nonprofit organization shall submit in the application information demonstrating that the organization has secured sufficient resources to meet the requirements of subsection (f). ``(e) Preference and Considerations.-- ``(1) Preference.--In making such grants, the Corporation shall give preference to intermediary nonprofit organizations seeking to become intermediary nonprofit grantees in areas where nonprofit organizations face significant resource hardship challenges. ``(2) Considerations.--In determining whether to make a grant the Corporation shall consider-- ``(A) the number of small and midsize nonprofit organizations that will be served by the grant; ``(B) the degree to which the activities proposed to be provided through the grant will assist a wide number of nonprofit organizations within a State, relative to the proposed amount of the grant; and ``(C) the quality of the organizational development assistance to be delivered by the intermediary nonprofit grantee, including the qualifications of its administrators and representatives, and its record in providing services to small and midsize nonprofit organizations. ``(f) Federal Share.-- ``(1) In general.--The Federal share of the cost as referenced in subsection (b) shall be 50 percent. ``(2) Non-federal share.-- ``(A) In general.--The non-Federal share of the cost as referenced in subsection (b) shall be 50 percent and shall be provided in cash. ``(B) Third party contributions.-- ``(i) In general.--Except as provided in clause (ii), an intermediary nonprofit grantee shall provide the non-Federal share of the cost through contributions from third parties. The third parties may include charitable grantmaking entities and grantmaking vehicles within existing organizations, entities of corporate philanthropy, corporations, individual donors, and regional, State, or local government agencies, or other non-Federal sources. ``(ii) Exception.--If the intermediary nonprofit grantee is a private foundation (as defined in section 509(a) of the Internal Revenue Code of 1986), a donor advised fund (as defined in section 4966(d)(2) of such Code), an organization which is described in section 4966(d)(4)(A)(i) of such Code, or an organization which is described in section 4966(d)(4)(B) of such Code, the grantee shall provide the non-Federal share from within that grantee's own funds. ``(iii) Maintenance of effort, prior year third-party funding levels.--For purposes of maintaining private sector support levels for the activities specified by this program, a non-Federal share that includes donations by third parties shall be composed in a way that does not decrease prior levels of funding from the same third parties granted to the nonprofit intermediary grantee in the preceding year.''. SEC. 3. CONFORMING AMENDMENT. Section 501(b) of the National and Community Service Act of 1990 (42 U.S.C. 12681(b)) is amended-- (1) by striking ``There are'' and inserting the following: ``(1) Points of light foundation.--There are''; (2) by striking ``title III'' and inserting ``subtitle A of title III''; and (3) by adding at the end the following: ``(2) Nonprofit capacity building program.--There are authorized to be appropriated to carry out subtitle B of title III $25,000,000 for fiscal year 2010 and such sums as may be necessary for each of the 2 succeeding fiscal years.''.

Nonprofit Capacity Building Act of 2009 - Amends the National and Community Service Act of 1990 to establish a Nonprofit Capacity Building program requiring the Corporation for National and Community Service to award matching grants to intermediary nonprofit organizations for the delivery of organizational development assistance to small and midsize nonprofit organizations, especially those facing resource hardship challenges. Directs the Corporation, to the extent practicable, to award such a grant to an intermediary nonprofit organization in each state. Requires grantees to raise their share of the costs of providing such assistance through contributions from third parties, except where the grantee is a private foundation or specified charity.

A bill to amend the National and Community Service Act of 1990 to establish a Nonprofit Capacity Building Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Airport Terminal Act of 2010''. SEC. 2. SCREENING LOCATION AND STERILE AREA DEFINED. In this Act, the terms ``screening location'' and ``sterile area'' have the meanings given those terms in section 1540.5 of title 49, Code of Federal Regulations (or any corresponding similar rule or regulation). SEC. 3. INCREASED USE OF SECURITY CAMERAS AT AIRPORTS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations that-- (1) require the use of security cameras at all screening locations and all locations where passengers exit the sterile area at airports in the United States; (2) set forth requirements for the use, maintenance, and testing of security cameras and other technological devices used for security at airports in the United States; and (3) specify that employees of the Transportation Security Administration have access to all security cameras and technological devices described in paragraph (2) and data or recordings from such cameras and devices that relate to airport security, including standards for-- (A) the timing of such access; (B) the accessibility of copies and acceptable formats for such data or recordings; (C) the period for which such data or recordings must be maintained; and (D) the permissible uses of such data or recordings. (b) Interim Regulations.--The Secretary of Homeland Security may issue interim final rules under subsection (a) without regard to the provisions of chapter 5 of title 5, United States Code. SEC. 4. IMPROVED MONITORING OF EXITS FROM STERILE AREAS IN AIRPORTS. (a) Report.--Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary of Homeland Security (Transportation Security Administration) shall submit to the committees specified in subsection (b) a report that-- (1) makes recommendations for improving the security of each location at an airport where passengers exit the sterile area; and (2) assesses-- (A) differences in configurations of such locations; and (B) options for improving security at such locations, such as increasing personnel assigned to such locations and the use of technology to improve security. (b) Committees Specified.--The committees specified in this subsection are-- (1) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate; and (2) the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives. (c) Regulations.--The Secretary of Homeland Security may prescribe regulations, including interim final rules implemented without regard to the provisions of chapter 5 of title 5, United States Code, requiring standards for security at each location at an airport where passengers exit the sterile area. SEC. 5. INCREASED PENALTIES FOR CIRCUMVENTING SECURITY SCREENING. (a) Civil Penalties.--Section 46301(a)(5)(A)(i) of title 49, United States Code, is amended-- (1) by striking ``or chapter 449'' and inserting ``chapter 449''; and (2) by inserting ``, or section 46314(a)'' after ``44909)''. (b) Criminal Penalties.--Section 46314(b) of title 49, United States Code, is amended to read as follows: ``(b) Criminal Penalty.--A person violating subsection (a) of this section shall be fined under title 18, imprisoned for not more than 10 years, or both.''. (c) Notice of Penalties.-- (1) In general.--Each operator of an airport in the United States that is required to establish an air transportation security program pursuant to section 44903(c) of title 49, United States Code, shall ensure that signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties imposed under sections 46301(a)(5)(A)(i) and 46314(b) of title 49, United States Code, as amended by this section, are displayed near all screening locations, all locations where passengers exit the sterile area, and such other locations at the airport as the Secretary of Homeland Security determines appropriate. (2) Effect of signs on penalties.--An individual shall be subject to a penalty imposed under section 46301(a)(5)(A)(i) or 46314(b) of title 49, United States Code, as amended by this section, without regard to whether signs are displayed at an airport as required by paragraph (1).

Secure Airport Terminal Act of 2010 - Directs the Secretary of Homeland Security (DHS) to prescribe regulations that: (1) require the use of security cameras at all screening locations and all locations where passengers exit the sterile area at airports in the United States; (2) prescribe requirements for the use, maintenance, and testing of such security cameras and other technological devices; and (3) specify that employees of the Transportation Security Administration (TSA) have access to all such security cameras and technological devices as well as data or recordings from them relating to airport security. (Under aviation security regulations: (1) "screening location" means each site at which individuals or property are inspected for the presence of weapons, explosives, or incendiaries; and (2) "sterile area" means a portion of an airport that provides passengers access to boarding aircraft and to which the access generally is controlled by TSA, or by an aircraft operator or a foreign air carrier, through the screening of persons and property.) Directs the DHS Assistant Secretary (TSA) to report to specified congressional committees: (1) recommendations for improving the security of each location at an airport where passengers exit the sterile area; and (2) an assessment of differences in location configurations and options for improving security at such locations. Prescribes a civil penalty of up to $10,000 for individuals who enter an aircraft or an airport area in violation of security requirements. Increases the criminal penalty of maximum imprisonment for such violations from one year to 10 years. Directs each U.S. airport operator that is required to establish an air transportation security program to ensure that signs meeting DHS requirements for providing notice of such penalties are displayed near all screening locations, all locations where passengers exit the sterile area, and other appropriate airport locations. Subjects an individual to such penalties, however, without regard to whether signs are displayed as required by this Act.

A bill to increase the use of security cameras at airport security screening checkpoints and exits, to impose increased penalties on individuals who circumvent security screening at airports, and for other purposes.

OF APPROVAL REQUIRED FOR ADMISSION OF REFUGEES. Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) is amended-- (1) in subsection (a)-- (A) by amending paragraphs (1) and (2) to read as follows: ``(1) Before the beginning of a fiscal year and after appropriate consultation (as defined in subsection (e) of this section), the President shall submit to Congress a recommendation on the number of refugees who may be admitted under this section in any fiscal year. ``(2) Except as provided in subsection (b), no refugees may be admitted under this section in a fiscal year until such time as a joint resolution is enacted into law which sets the number of refugees who may be admitted under this section in that fiscal year.''; and (B) in paragraph (4)-- (i) by striking ``determination'' and inserting ``recommendation''; and (ii) by striking ``determined'' and inserting ``recommended''; (2) in subsection (b)-- (A) by striking ``fix'' and inserting ``submit to Congress a recommendation for''; (B) by striking ``situation and such'' and inserting ``situation. Any such''; and (C) by adding at the end the following: ``No refugees may be admitted under this subsection until such time as a joint resolution is enacted into law which sets the number of refugees who may be admitted under this subsection.''; (3) in subsection (c)(1), by striking ``Subject to the numerical limitations established pursuant to subsections (a) and (b)'' and inserting ``Subject to the enactment into law of a joint resolution under subsection (a) or (b), and the numerical limitations established pursuant to such a resolution,''; and (4) in subsection (d)-- (A) in paragraph (3), by striking ``determination'' each place it appears and inserting ``recommendation''. SEC. 3. APPROPRIATE CONSULTATION. Section 207of the Immigration and Nationality Act (8 U.S.C. 1157) is further amended-- (1) in subsection (d)(1), by inserting after ``Committees on the Judiciary of the House of Representatives and of the Senate'' the following: ``, the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate''; and (2) in subsection (e), by inserting after ``members of the Committees on the Judiciary of the Senate and of the House of Representatives'' the following: ``, the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate''. SEC. 4. CONSULTATION FOR DETERMINATIONS OF ADMISSIBILITY. Section 207(c) of the Immigration and Nationality Act (8 U.S.C. 1157(c)) is further amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and (2) in paragraph (1), by adding at the end the following: ``In determining whether an alien is admissible under section 212(a)(3), the Secretary shall consult with the Director of National Intelligence and the Director of the Federal Bureau of Investigation.''. SEC. 5. PRIORITY FOR REFUGEES FROM IRAQ AND SYRIA PERSECUTED ON THE BASIS OF RELIGION. Beginning in fiscal year 2016 and ending in fiscal year 2020, when considering the admission of refugees who are nationals or citizens of Iraq or Syria, the President shall prioritize refugees who are members of a religious minority community, and have been identified by the Secretary of State, or the designee of the Secretary, as a persecuted group. SEC. 6. REPORT. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the adequacy and effectiveness at protecting the security of the United States of the refugee screening process. The report shall include the following: (1) The number of refugees that the Secretary of Homeland Security determined were admissible under paragraph (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), but who, subsequent to admission to the United States, became inadmissible under such paragraph. (2) Federal agencies which are not, as of the date of the report, involved in making determinations of admissibility of refugees under such paragraph, which the Comptroller General determines should be so involved. (3) Issues or gaps in the process for determining the admissibility of refugees under such paragraph. (4) Recommendations for improving the process for determining the admissibility of refugees under such paragraph in order to better protect the security of the United States.

Refugee Resettlement Oversight and Security Act of 2015 This bill amends the Immigration and Nationality Act to require the President, after appropriate consultation with certain congressional committees, to recommend to Congress the number of refugees who may be admitted into the United States in a fiscal year. Except in the case of an unforeseen emergency refugee situation, no refugees may be admitted in a fiscal year until Congress enacts a joint resolution setting the number of refugees who may be admitted in that fiscal year. In determining an alien's admissibility on security and related grounds the Department of Homeland Security shall consult with the Director of National Intelligence and the Federal Bureau of Investigation. Beginning in FY2016 and ending in FY2020, the President, when considering the admission of refugees who are nationals or citizens of Iraq or Syria, shall give priority to members of a persecuted religious minority. The Government Accountability Office shall report to Congress on the effectiveness of the refugee screening process in protecting U.S. security.

Refugee Resettlement Oversight and Security Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Integrity and Verification Act of 2007''. SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH PRESERVATION OF A VOTER-VERIFIED PERMANENT PAPER RECORD. (a) In General.--Section 301 of the Help America Vote Act of 2002 (42 U.S.C. 15481) is amended-- (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; and (2) by inserting after subsection (a) the following: ``(b) Additional Requirements for Voting Systems Purchased After 2012.--In addition to the requirements of subsection (a), each voting system purchased after December 31, 2012, and used in an election for Federal office shall meet the following requirements: ``(1) Individual permanent paper record.--The voting system shall produce an individual permanent paper record for each ballot that is cast. ``(2) Verification.-- ``(A) In general.--In lieu of the requirements of subsection (a)(1), the voting system shall-- ``(i) permit the voter to verify the accuracy of the voter's ballot (in a private and independent manner), by allowing the voter to review an individual paper version of the voter's ballot before the voter's ballot is cast and counted; ``(ii) provide the voter with the opportunity (in a private and independent manner) to change the ballot and correct any error discovered on the individual paper version of the voter's ballot before the ballot is cast and counted (including the opportunity to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error); and ``(iii)(I) preserve the individual paper version of the voter's ballot, after the voter has certified that the same accurately reflects the voter's intent, as the individual permanent paper record; and ``(II) preserve such individual permanent paper record in accordance with the provisions of paragraph (3)(B); and ``(iv) meet the requirement of subparagraphs (A)(iii) and (C) of subsection (a)(1). ``(B) Readability requirements for machine-marked or printed paper ballots.--All voter verified paper ballots marked or printed through the use of a marking or printing device shall be clearly readable by the naked eye and by a scanner or other device equipped for voters with disabilities so that a voter is able to verify the accuracy of such ballots via both visual and non-visual means. ``(3) Manual audit capacity.--In lieu of the requirements of subsection (a)(2)(B): ``(A) In general.--Each individual paper record produced under paragraph (1) shall be suitable for a manual audit equivalent or superior to that of a paper ballot voting system. ``(B) Preservation.--The voting system shall preserve each individual permanent paper record-- ``(i) within the polling place in the manner in which all other paper ballots are preserved within such polling place; or ``(ii) in the absence of such manner or method, in a manner which is consistent with the manner employed by the jurisdiction for preserving paper ballots in general. ``(C) Consistency with other records.--All electronic records produced by any voting system shall be consistent with the individual permanent paper records produced by such voting system. In the event of any inconsistencies or irregularities between any electronic records and the individual permanent paper records, the individual permanent paper records shall be the true and correct record of the votes cast. ``(D) Use as official records.--The individual permanent paper records shall be used as the official records for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. ``(4) Accessibility for individuals with disabilities.--The voting system shall-- ``(A) meet the requirement of subsection (a)(3)(A) through the use of at least one voting system that is fully accessible for individuals with disabilities at each polling place; and ``(B) meet the requirements of subsection (a)(3)(A) and paragraph (2)(A) by using a system that-- ``(i) allows the voter to privately and independently verify the content of the permanent paper ballot through the conversion of the human readable content of the vote selections into accessible form; ``(ii) ensures that the entire process of ballot verification and vote casting is equipped for individuals with disabilities; and ``(iii) does not preclude the supplementary use of Braille or tactile ballots.''. SEC. 3. AWARD PROGRAM FOR DEVELOPMENT OF ACCESSIBLE VOTING SYSTEMS. (a) Definitions.--In this section: (1) Institute.--The term ``Institute'' means the National Institute of Standards and Technology. (2) Director.--The term ``Director'' means the Director of the Institute. (3) Voting system.--The term ``voting system'' has the meaning given such term by section 301(b) of the Help America Vote Act of 2002 (42 U.S.C. 15481(b)). (b) Establishment of Program.-- (1) In general.--The Director shall establish a program to competitively award cash prizes to eligible persons that advance the research, development, demonstration, and application of voting systems which are specifically designed to enhance accessibility and provide independence for persons with disabilities during the voting process. (2) Advertising and solicitation of competitors.-- (A) Advertising.--The Director shall widely advertise prize competitions to encourage broad participation, including participation by individuals, universities, and large and small businesses. (B) Announcement through federal register notice.-- The Director shall announce each prize competition by publishing a notice in the Federal Register. This notice shall include the subject of the competition, the duration of the competition, the eligibility requirements for participation in the competition, the process for participants to register for the competition, the amount of the prize, and the criteria for awarding the prize. (3) Administration of competitions.--The Director shall enter into an agreement with a private, nonprofit entity for the administration of the prize competitions. (c) Prize Competitions.-- (1) In general.--The program established under paragraph (1) shall consist of competitions for the development of technology designed for persons with the following classifications of disabilities: (A) Hearing. (B) Visual. (C) Manual, tactile, and mobility. (D) A combination of the disabilities described in subparagraphs (A), (B), and (C). (2) Cash prizes.-- (A) In general.--Prizes shall be awarded by the judges appointed under paragraph (4) based on the criteria under paragraph (3). (B) Authority to not award prize.--If the judges determine that no registered participants meets the objective performance criteria established pursuant to paragraph (3), no prize shall be awarded. (C) Limitation on amount and number of prizes.--No more than 2 prizes may be awarded for any competition and the amount of any prize shall not exceed $1,000,000. (3) Criteria.-- (A) In general.--The Director shall develop criteria for awarding prizes under this section such that prizes are based on the functionality and usability of a prototype accessible voting machine. (B) Requirements.--The criteria developed under subparagraph (A) shall-- (i) take into account the challenges voters with disabilities face during the voting process, including-- (I) the need of voters with manual disabilities to be able to use prosthetics and personal assistive devices during the voting process without electromagnetic interference; (II) the challenges facing voters with visual impairments and the best means to accommodate those voters, including, the need for voters to manually adjust font size (to account for persons with poor vision and tunnel vision), color content, and contrast for electronic voting machines; (III) the need of voters to use various voter system interfaces such as synchronized audio output that allows the voter to adjust the rate of speech, the audiofrequency, and volume of the audio interface and which provides that such setting shall reset to a standard default for each voter; (IV) the need of voters to simultaneously use a tactile interface that permits the voter to rewind, repeat, pause, and skip any audio cues, presentations, and ballot measures; (V) the need of voters who rely on mobility aids, such as wheelchairs, to adjust the height of a voting system and to be able to see any visual cues or prompts from a seated position; and (VI) the need of voters with cognitive disabilities including using visual and audio cues simultaneously; (ii) require that any prototype accessible voting machine entered into the prize competition allows voters with disabilities to independently verify the accuracy of the ballot cast on the voting system; and (iii) be designed to-- (I) stimulate innovation in the development and design of accessible voting systems in a way that Federal procurement standards cannot; (II) help overcome traditional obstacles in the design of accessible voting systems; (III) educate, inspire, and motivate the public to participate in the process of developing and designing accessible voting systems; and (IV) enhance the accessibility and independence of the voting process. (C) Consultation with other entities.--In establishing the criteria under subparagraph (A), the Director shall consult-- (i) with various disability rights groups with special knowledge concerning the challenges facing persons with disabilities in each of the classifications in subparagraphs (A), (B), and (C) of paragraph (1); (ii) with other Federal agencies, including-- (I) the Election Assistance Commission; and (II) the National Science and Technology Council; and (iii) with private organizations, including professional societies and industry associations. (4) Judges.-- (A) In general.--For each prize competition the Director shall appoint a panel of qualified judges. Such panel shall include individuals from outside the Institute and from the private sector. (B) Disqualification.--A judge may not-- (i) have personal or financial interests in, or be an employee, officer, director, or agent of, any entity that is participating in the prize competition; or (ii) have a familial or financial relationship with an individual who is participating in the prize competition. (d) Eligibility.--An person is eligible to win a prize under this section if-- (1)(A) in the case of a corporation, such person is incorporated and maintains a primary place of business the United States; and (B) in the case of an individual or partnership, such individual, or each such individual in the partnership, is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; (2) such person is not an employee or entity of the United States or an laboratory accredited under section 231 of the Help America Vote Act of 2002 (42 U.S.C. 15371); and (3) such person registers for the competition by submitting an application containing such information as the Director may require. (e) Trade Secrets.--The Director shall, to the extent possible, protect any trade secrets or proprietary information related to any submission for a competition under this section. (f) Termination.--No prizes shall be awarded under this section for competitions announced after September 30, 2010. (g) Authorization of Appropriations.-- (1) In general.-- (A) Awards.--There are authorized to be appropriated to the Director $2,000,000 for each of the fiscal years 2008, 2009, and 2010 for the purpose of awarding prizes in competitions pursuant to this section. (B) Administration.--In addition to the amounts authorized in subparagraph (A), there are authorized to be appropriated to the Director $1,000,000 for each of fiscal years 2008, 2009, and 2010 for the administrative costs of carrying out this section. (2) Carryover of funds.--Funds appropriated for prize awards under this section shall remain available until expended, and may be transferred, reprogrammed, or expended for other purposes only after the expiration of 10 fiscal years after the fiscal year for which the funds were originally appropriated.

Voting Integrity and Verification Act of 2007 - Amends the Help America Vote Act of 2002 to require each voting system purchased after December 31, 2012, and used in an election for federal office to produce an individual permanent paper record for each ballot that is cast. Requires the Director of the National Institute of Standards and Technology to establish a program to award cash prizes competitively to eligible persons that advance the research, development, demonstration, and application of voting systems which are specifically designed to enhance accessibility and provide independence for persons with disabilities during the voting process.

A bill to amend the Help America Vote Act of 2002 to require new voting systems to provide a voter-verified permanent record, to develop better accessible voting machines for individuals with disabilities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Reduction and Energy Security Act of 2010''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The Environmental Protection Agency (``EPA'') was required by the terms of the Clean Air Act Amendments of 1990 and a 1998 consent agreement to determine whether regulation of mercury from electric utility steam generating units under section 112 of the Clean Air Act was appropriate and necessary. (2) In a December 2000, regulatory finding, the EPA concluded that regulation of mercury from electric utility steam generating units was appropriate and necessary. (3) In 2005, the EPA withdrew its 2000 regulatory finding in favor of a national cap-and-trade system for mercury emissions from electric utility steam generating units, the Clean Air Mercury Rule (``CAMR''). (4) CAMR was subsequently challenged in petitions for review filed by 17 States. (5) The United States Court of Appeals for the District of Columbia Circuit vacated the rule on February 8, 2008, finding that once the EPA had listed electric utility steam generating units as a source of hazardous air pollutants, it was required by law to proceed with Maximum Achievable Control Technology (``MACT'') regulations under section 112 of the Clean Air Act unless it delisted the source category, under procedures set forth in section 112(c)(9). (6) Mercury control technologies for coal-fired electric utility steam generating units have advanced rapidly in the last few years. (b) Purpose.--The purpose of this Act is to protect public health and welfare, and the environment, through mercury emission reductions from electric utility steam generating units. SEC. 3. MERCURY EMISSION REDUCTIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following new title: ``TITLE VII--MERCURY REDUCTIONS ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Affected unit.--The term `affected unit' means a coal-fired electric steam generating unit (including a cogeneration unit) that-- ``(A) has a nameplate capacity greater than 25 megawatts; and ``(B) generates electricity for sale. ``(2) Cogeneration unit.--The term `cogeneration unit' means a stationary, coal-fired boiler or a stationary, coal- fired combustion turbine having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy that produces during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity-- ``(A) for a topping-cycle cogeneration unit-- ``(i) useful thermal energy not less than 5 percent of total energy output; and ``(ii) useful power that, when added to one-half of useful thermal energy produced, is not less than-- ``(I) 42.5 percent of total energy input if useful thermal energy produced is 15 percent or more of total energy output; or ``(II) 45 percent of total energy input if useful thermal energy produced is less than 15 percent of total energy output; and ``(B) for a bottoming-cycle cogeneration unit, useful power not less than 45 percent of total energy input. ``(3) Inlet mercury.--The term `inlet mercury' means the quantity of mercury found-- ``(A) in the as-fired coal used by an affected unit; or ``(B) for an affected unit using coal that is subjected to an advanced coal cleaning technology, in the as-mined coal used by the affected unit. ``SEC. 702. MERCURY REDUCTION PROGRAM. ``(a) Annual Limitation for Affected Units.--Except as provided in subsection (f), an affected unit in operation before or after the date of enactment of this title shall be subject to the following emission limitations on an annual average calendar year basis with respect to mercury: ``(1) Calendar years 2012 through 2014.--For the period beginning on January 1, 2012, and ending on December 31, 2014, the less stringent limitation of the following (calculated on a one-year rolling average): ``(A) 80 percent capture of inlet mercury. ``(B) An emission rate of 1.60 pounds of mercury per trillion British thermal units of input coal. ``(2) Calendar year 2015 and thereafter.--For calendar year 2015 and each calendar year thereafter, the less stringent limitation of the following (calculated on a one-year rolling average): ``(A) 90 percent capture of inlet mercury. ``(B) An emission rate of 0.80 pounds of mercury per trillion British thermal units of input coal. ``(b) Averaging Across Units Within a Facility or State.--(1) An owner or operator of more than one affected unit at a single facility may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units at that facility, weighted by total input coal British thermal units. ``(2) An owner or operator of more than one affected unit or units within a State may demonstrate compliance with the applicable annual average emission limitations under subsection (a) by averaging emissions from all affected units owned or operated by that owner or operator within such State, weighted by total input coal British thermal units, if all affected units are owned or operated by the same entity. ``(3) If an affected unit is owned or operated by more than one entity, the State in which the affected unit is located shall allocate to each such owner or operator an appropriate portion of the generation from the affected unit for purposes of averaging emissions pursuant to paragraph (1) or (2). ``(c) Reference Methods for Measuring Mercury Emissions.--(1) The owner or operator of an affected unit shall use any of the following methods as a reference method to calibrate the instruments used to measure the mercury concentration in emissions from affected units: ``(A) ASTM D6784-02, `Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources' (Ontario Hydro Method). ``(B) 40 C.F.R. Part 60, Appendix A-8, Method 29, `Determination of Metals Emissions from Stationary Sources'. ``(C) 40 C.F.R. Part 60, Appendix A-8, Method 30A, `Determination of Total Vapor Phase Mercury Emissions from Stationary Sources (Instrumental Analyzer Procedure)'. ``(D) 40 C.F.R. Part 60, Appendix A-8, Method 30B, `Determination of Total Vapor Phase Mercury Emissions from Coal-Fired Combustion Sources Using Carbon Sorbent Traps'. ``(2) The Administrator may revise or supplement the list of permitted methods set forth in paragraph (1) to reflect improvements or other developments in the measurement of mercury emissions from coal- fired electric steam generating units. ``(d) Monitoring System.--(1) The owner or operator of an affected unit shall install and operate a continuous emissions monitoring system (CEMS) to measure the quantity of mercury that is emitted from each affected unit. ``(2) For purposes of complying with paragraph (1), the owner or operator of an affected unit may use-- ``(A) any CEMS that meets the requirements in Performance Specification 12A (PS-12A), `Specifications and Test Procedures for Total Vapor-Phase Mercury Continuous Monitoring Systems in Stationary Sources'; ``(B) a mercury concentration CEMS that meets the requirements of 40 C.F.R. Part 75; or ``(C) a sorbent trap monitoring system that meets the requirements of 40 C.F.R. 75.15 and 40 C.F.R. Part 75, Appendix K, `Quality Assurance and Operating Procedures for Sorbent Trap Monitoring Systems'; ``(3) The Administrator may revise or supplement the list of permitted monitoring systems set forth in paragraph (2) to reflect improvements or other developments in mercury emissions reduction technologies and mercury emissions monitoring systems. ``(e) Excess Emissions.--(1) Except as provided in subsection (f), the owner or operator of an affected unit that emits mercury in excess of the applicable annual average emission limitation under subsection (a) shall pay an excess emissions penalty determined under paragraph (2). ``(2) The excess emissions penalty for mercury shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the applicable annual average emission limitation under subsection (a). Such penalty shall be prorated for each fraction of a pound. ``(f) Best Practices.--(1) Effective, January 1, 2015, if the owner or operator of any affected unit fails to achieve the annual average emission limitation under subsection (a)(2), such owner or operator may notify the Administrator of such failure prior to March 1, 2015, and request an alternate emissions limitation for mercury with respect to such affected unit. Such owner or operator shall submit to the Administrator mercury emissions data measured by a CEMS that complies with subsection (d) for evaluation. If the Administrator determines that such owner or operator has properly installed and operated such CEMS and control technology designed to achieve such annual average emission limitation and is unable to meet such limitation, the Administrator may, not later than April 1, 2016, establish an alternate emissions limitation for mercury with respect to such affected unit based on the optimal performance of properly installed and operated control technology. ``(2) With respect to any affected unit, for any year for which an alternate emissions limitation for mercury is in place for such affected unit, the Administrator may review such alternate emissions limitation and impose a more stringent emissions limitation for mercury for the subsequent year based on new data regarding the demonstrated control capabilities of the type of control technology installed and operated at such affected unit. ``(3)(A) Except as provided in subparagraph (B), an owner or operator of an affected unit failing to achieve the annual average emission limitation under subsection (a)(2) that notifies the Administrator of such failure and requests and alternate emissions limitation for mercury pursuant to paragraph (1) shall be considered in compliance with this section (and not subject to any excess emissions penalty) for the period beginning on January 1, 2015, and ending on the date such an alternate emissions limitation is implemented. ``(B) An owner or operator described in subparagraph (A) shall pay an excess emissions penalty, as determined under subsection (e)(2), for the period described in such subparagraph, if such owner or operator operates or maintains the affected unit, including any associated air pollution control equipment, in a manner that is inconsistent with good air pollution control practices for the minimization of mercury emissions, as determined by the Administrator. In determining whether the owner or operator of the affected unit operates and maintains the affected unit in a manner that is consistent with good air pollution control practices for the minimization of mercury emissions, the Administrator may review the emissions monitoring data and operating and maintenance procedures of the affected unit and may inspect the affected unit. ``(4)(A) With respect to any affected unit for which an alternate emissions limitation for mercury is in place under this subsection, the owner or operator of such affected unit that emits mercury in excess of such alternate emissions limitation shall pay an excess emissions penalty determined under subparagraph (B). ``(B) The excess emissions penalty for mercury for an owner or operator of an affected unit described in subparagraph (A) shall be an amount equal to $50,000 for each pound of mercury emitted in excess of the alternate emissions limitation for mercury in place for such affected unit. Such penalty shall be prorated for each fraction of a pound. ``(g) Sole Limitation on Mercury.--This title shall apply the sole emission standard or limitation under this Act with regard to the emission of mercury from electric utility steam generating units and shall supersede any other such requirement under section 112 or any other provision of this Act. ``(h) Relationship to Other Law.--Except as otherwise specifically provided in this title, nothing in this title precludes a State or political subdivision of a State from adopting or enforcing any additional requirements for the control or abatement of mercury emissions, except that no State or political subdivision thereof shall adopt or attempt to enforce any standard relating to the reduction or control of mercury emissions from electric utility steam generating units that is less stringent than the standards provided in this title.''.

Mercury Reduction and Energy Security Act of 2010 - Amends the Clean Air Act to require affected units (coal-fired electric steam generating units that have nameplate capacities greater than 25 megawatts and generate electricity for sale) to reduce mercury emissions by the less stringent limitation of: (1) 80% capture of inlet mercury or an emission rate of 1.6 pounds of mercury per trillion British thermal units (Btu) of input coal for the period beginning on January 1, 2012, and ending December 31, 2014; and (2) 90% capture of inlet mercury or an emission rate of 0.8 pounds of mercury per trillion Btu of input coal by 2015 and each year thereafter. Specifies methods that owners or operators of affected units are required to use as reference methods in calibrating the instruments used to measure the mercury concentrations in emissions from affected units. Establishes excess emissions penalties for mercury. Sets forth compliance provisions. Authorizes: (1) owners or operators of affected units that fail to achieve such limitations to request an alternate emission limitation; (2) the Administrator of the Environmental Protection Agency (EPA) to establish alternate limitations if the Administrator determines that the owner or operator has properly installed and operated continuous emissions monitoring system and control technology designed to achieve such limitations and is unable to achieve such limitations; and (3) the Administrator, after granting alternate limitations, to impose more stringent emissions limitations in subsequent years. Makes such alternate limitations effective January 1, 2015. Provides that this Act supersedes any other requirement in such Act with regard to the emission of mercury from electric utility steam generating units.

To amend the Clean Air Act to require reductions in mercury emissions from electric utility steam generating units, and for other purposes.

SECTION 1. ADDITIONAL PROCLAMATION AUTHORITY. The United States-Israel Free Trade Area Implementation Act of 1985 (19 U.S.C. 2112 note) is amended by adding at the end the following new section: ``SEC. 9. ADDITIONAL PROCLAMATION AUTHORITY. ``(a) Elimination or Modifications of Duties.--The President is authorized to proclaim elimination or modification of any existing duty as the President determines is necessary to exempt any article from duty if-- ``(1) that article is wholly the growth, product, or manufacture of the West Bank, the Gaza Strip, or a qualifying industrial zone or is a new or different article of commerce that has been grown, produced, or manufactured in the West Bank, the Gaza Strip, or a qualifying industrial zone; ``(2) that article is imported directly from the West Bank, the Gaza Strip, Israel, or a qualifying industrial zone; and ``(3) the sum of-- ``(A) the cost or value of the materials produced in the West Bank, the Gaza Strip, Israel, or a qualifying industrial zone, plus ``(B) the direct costs of processing operations performed in the West Bank, the Gaza Strip, Israel, or a qualifying industrial zone, is not less than 35 percent of the appraised value of the product at the time it is entered into the United States. For purposes of determining the 35 percent content requirement contained in paragraph (3), the cost or value of materials which are used in the production of an article in the West Bank, the Gaza Strip, or a qualifying industrial zone, and are the products of the United States, may be counted in an amount up to 15 percent of the appraised value of the article. ``(b) Applicability of Certain Provisions of the Agreement.-- ``(1) Nonqualifying operations.--No article shall be considered a new or different article of commerce under this section, and no material shall be included for purposes of determining the 35 percent requirement of subsection (a)(3), by virtue of having merely undergone-- ``(A) simple combining or packaging operations, or ``(B) mere dilution with water or with another substance that does not materially alter the characteristics of the article or material. ``(2) Requirements for new or different article of commerce.-- For purposes of subsection (a)(1), an article is a `new or different article of commerce' if it is substantially transformed into an article having a new name, character, or use. ``(3) Cost or value of materials.--(A) For purposes of this section, the cost or value of materials produced in the West Bank, the Gaza Strip, or a qualifying industrial zone includes-- ``(i) the manufacturer's actual cost for the materials; ``(ii) when not included in the manufacturer's actual cost for the materials, the freight, insurance, packing, and all other costs incurred in transporting the materials to the manufacturer's plant; ``(iii) the actual cost of waste or spoilage, less the value of recoverable scrap; and ``(iv) taxes or duties imposed on the materials by the West Bank, the Gaza Strip, or a qualifying industrial zone, if such taxes or duties are not remitted on exportation. ``(B) If a material is provided to the manufacturer without charge, or at less than fair market value, its cost or value shall be determined by computing the sum of-- ``(i) all expenses incurred in the growth, production, or manufacture of the material, including general expenses; ``(ii) an amount for profit; and ``(iii) freight, insurance, packing, and all other costs incurred in transporting the material to the manufacturer's plant. If the information necessary to compute the cost or value of a material is not available, the Customs Service may ascertain or estimate the value thereof using all reasonable methods. ``(4) Direct costs of processing operations.--(A) For purposes of this section, the `direct costs of processing operations performed in the West Bank, Gaza Strip, or a qualifying industrial zone' with respect to an article are those costs either directly incurred in, or which can be reasonably allocated to, the growth, production, manufacture, or assembly, of that article. Such costs include, but are not limited to, the following to the extent that they are includible in the appraised value of articles imported into the United States: ``(i) All actual labor costs involved in the growth, production, manufacture, or assembly of the article, including fringe benefits, on-the-job training, and costs of engineering, supervisory, quality control, and similar personnel. ``(ii) Dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the article. ``(iii) Research, development, design, engineering, and blueprint costs insofar as they are allocable to the article. ``(iv) Costs of inspecting and testing the article. ``(B) Those items that are not included as direct costs of processing operations with respect to an article are those which are not directly attributable to the article or are not costs of manufacturing the article. Such items include, but are not limited to-- ``(i) profit; and ``(ii) general expenses of doing business which are either not allocable to the article or are not related to the growth, production, manufacture, or assembly of the article, such as administrative salaries, casualty and liability insurance, advertising, and salesmen's salaries, commissions, or expenses. ``(5) Imported directly.--For purposes of this section-- ``(A) articles are `imported directly' if-- ``(i) the articles are shipped directly from the West Bank, the Gaza Strip, a qualifying industrial zone, or Israel into the United States without passing through the territory of any intermediate country; or ``(ii) if shipment is through the territory of an intermediate country, the articles in the shipment do not enter into the commerce of any intermediate country and the invoices, bills of lading, and other shipping documents specify the United States as the final destination; or ``(B) if articles are shipped through an intermediate country and the invoices and other documents do not specify the United States as the final destination, then the articles in the shipment, upon arrival in the United States, are imported directly only if they-- ``(i) remain under the control of the customs authority in an intermediate country; ``(ii) do not enter into the commerce of an intermediate country except for the purpose of a sale other than at retail, but only if the articles are imported as a result of the original commercial transactions between the importer and the producer or the producer's sales agent; and ``(iii) have not been subjected to operations other than loading, unloading, or other activities necessary to preserve the article in good condition. ``(6) Documentation required.--An article is eligible for the duty exemption under this section only if-- ``(A) the importer certifies that the article meets the conditions for the duty exemption; and ``(B) when requested by the Customs Service, the importer, manufacturer, or exporter submits a declaration setting forth all pertinent information with respect to the article, including the following: ``(i) A description of the article, quantity, numbers, and marks of packages, invoice numbers, and bills of lading. ``(ii) A description of the operations performed in the production of the articlein the West Bank, the Gaza Strip, a qualifying industrial zone, or Israel and identification of the direct costs of processing operations. ``(iii) A description of any materials used in production of the article which are wholly the growth, product, or manufacture of the West Bank, the Gaza Strip, a qualifying industrial zone, Israel or United States, and a statement as to the cost or value of such materials. ``(iv) A description of the operations performed on, and a statement as to the origin and cost or value of, any foreign materials used in the article which are claimed to have been sufficiently processed in the West Bank, the Gaza Strip, a qualifying industrial zone, or Israel so as to be materials produced in the West Bank, the Gaza Strip, a qualifying industrial zone, or Israel. ``(v) A description of the origin and cost or value of any foreign materials used in the article which have not been substantially transformed in the West Bank, the Gaza Strip, or a qualifying industrial zone. ``(c) Shipment of Articles of Israel Through West Bank or Gaza Strip.--The President is authorized to proclaim that articles of Israel may be treated as though they were articles directly shipped from Israel for the purposes of the Agreement even if shipped to the United States from the West Bank, the Gaza Strip, or a qualifying industrial zone, if the articles otherwise meet the requirements of the Agreement. ``(d) Treatment of Cost or Value of Materials.--The President is authorized to proclaim that the cost or value of materials produced in the West Bank, the Gaza Strip, or a qualifying industrial zone may be included in the cost or value of materials produced in Israel under section 1(c)(i) of Annex 3 of the Agreement, and the direct costs of processing operations performed in the West Bank, the Gaza Strip, or a qualifying industrial zone may be included in the direct costs of processing operations performed in Israel under section 1(c)(ii) of Annex 3 of the Agreement. ``(e) Qualifying Industrial Zone Defined.--For purposes of this section, a `qualifying industrial zone' means any area that-- ``(1) encompasses portions of the territory of Israel and Jordan or Israel and Egypt; ``(2) has been designated by local authorities as an enclave where merchandise may enter without payment of duty or excise taxes; and ``(3) has been specified by the President as a qualifying industrial zone.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Amends the United States-Israel Free Trade Area Implementation Act of 1985 to authorize the President to proclaim the elimination or modification of any existing duty in order to exempt any article from duty if: (1) the article is wholly the growth, product, or manufacture of the West Bank, the Gaza Strip, or a qualifying industrial zone (defined under this Act); (2) the article is imported directly from such area or zone; and (3) the sum of the materials and processing costs of such article is not less than 35 percent of the appraised value of such product at the time it enters into the United States. Makes an article eligible for such exemption only if: (1) its importer certifies that the article meets the exemption conditions; and (2) when requested by the Customs Service, the importer, manufacturer, or exporter submits a declaration setting forth all pertinent information with respect to such article and the requirements of this Act. Authorizes the President to: (1) treat such articles as items of Israel for purposes of the free trade agreement entered into between the United States and Israel in 1985, as long as such articles otherwise meet agreement requirements; and (2) include the value of materials and processing costs of such articles as values and costs under such agreement.

To amend the United States-Israel Free Trade Area Implementation Act of 1985 to provide the President with additional proclamation authority with respect to articles of the West Bank or Gaza Strip or a qualifying industrial zone.

SECTION 1. CONVEYANCE OF SAINT HELENA ISLAND LIGHT STATION. (a) Authority to Convey.-- (1) In general.--The Secretary of Transportation (referred to in this section as the ``Secretary'') shall convey to the Great Lakes Lighthouse Keepers Association by an appropriate means of conveyance, all right, title, and interest of the United States in and to the property comprising the Saint Helena Island Light Station, located in Mackinac County, Moran Township, Michigan. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section. (b) Terms of Conveyance.-- (1) In general.--A conveyance of property pursuant to this section shall be made-- (A) without the payment of consideration; and (B) subject to such terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--In addition to any term or condition established pursuant to paragraph (1), any conveyance of property comprising the Saint Helena Island Light Station pursuant to subsection (a) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof-- (A) ceases to be used as a nonprofit center for the interpretation and preservation of maritime history; (B) ceases to be maintained in a manner that ensures its present or future use as a Coast Guard aid to navigation; or (C) ceases to be maintained in a manner consistent with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.). (3) Maintenance of navigation functions.--Any conveyance of property pursuant to this section shall be subject to such conditions as the Secretary considers to be necessary to ensure that-- (A) the light, antennas, sound signal, and associated lighthouse equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the Great Lakes Lighthouse Keepers Association, or any successors or assigns, may not interfere or allow interference in any manner with such aids to navigation without express written permission from the United States; (C) there is reserved to the United States the right to relocate, replace, or add any aids to navigation, or make any changes to the Saint Helena Island Light Station, that may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the property conveyed without notice for the purpose of maintaining the navigation aids in use on the property; (E) the United States shall have an easement of access to such property for the purpose of maintaining such navigational aids; and (F) the Saint Helena Island Light Station shall revert to the United States at the end of the 30-day period beginning on any date on which the Secretary of Transportation provides written notice to the Great Lakes Lighthouse Keepers Association, or any successor or assign, that the Saint Helena Island Light Station is needed for national security purposes. (4) Maintenance of property.--Any conveyance of property under this section shall be subject to the condition that the Great Lakes Lighthouse Keepers Association, or any successor or assign, shall maintain the Saint Helena Island Light Station in accordance with the provisions of the National Historic Preservation Act and other applicable laws. (5) Obligation limitation.--The Great Lakes Lighthouse Keepers Association, or any successors or assigns, shall not have any obligation to maintain any active aid to navigation equipment on the property conveyed pursuant to this section. (c) Saint Helena Island Light Station Defined.--For purposes of this section, the term ``Saint Helena Island Light Station'' means the Coast Guard property and improvements known as the ``Saint Helena Island Light Station'' located in Mackinac County, Moran Township, Michigan. Such term does not include any historical artifact, including any lens or lantern, located on the property at or before the time of conveyance.

Directs the Secretary of Transportation to convey all right, title, and interest of the United States in the Saint Helena Island Station, Mackinac County, Moran Township, Michigan, to the Great Lakes Lighthouse Keepers Association. Subjects such conveyance to the condition that the station maintain its navigational functions.

To direct the Secretary of Transportation to convey the Saint Helena Island Light Station to the Great Lakes Lighthouse Keepers Association.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Affordable Prescription Drugs Act of 2015''. SEC. 2. SAFE AND AFFORDABLE PRESCRIPTION DRUGS. Chapter VIII of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end the following: ``SEC. 810. IMPORTATION BY INDIVIDUALS OF PRESCRIPTION DRUGS. ``(a) In General.--Notwithstanding any other provision of this Act, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate regulations permitting individuals to safely import into the United States a prescription drug described in subsection (b). ``(b) Prescription Drug.--A prescription drug described in this subsection-- ``(1) is a prescription drug that-- ``(A) is purchased from an approved pharmacy; ``(B) is dispensed by a pharmacist licensed to practice pharmacy and dispense prescription drugs in the country in which the pharmacy is located; ``(C) is purchased for personal use by the individual, not for resale, in quantities that do not exceed a 90-day supply; ``(D) is filled using a valid prescription issued by a physician licensed to practice in a State in the United States; and ``(E) has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved by the Secretary under chapter V; and ``(2) does not include-- ``(A) a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(B) a biological product (as defined in section 351 of the Public Health Service Act (42 U.S.C. 262)); ``(C) an infused drug (including a peritoneal dialysis solution); ``(D) an intravenously injected drug; ``(E) a drug that is inhaled during surgery; ``(F) a parenteral drug; ``(G) a drug manufactured through 1 or more biotechnology processes, including-- ``(i) a therapeutic DNA plasmid product; ``(ii) a therapeutic synthetic peptide product of not more than 40 amino acids; ``(iii) a monoclonal antibody product for in vivo use; and ``(iv) a therapeutic recombinant DNA- derived product; ``(H) a drug required to be refrigerated at any time during manufacturing, packing, processing, or holding; or ``(I) a photoreactive drug. ``(c) Approved Pharmacy.-- ``(1) In general.--In this section, an approved pharmacy is a pharmacy that-- ``(A) is located in a country listed or described in section 802(b)(1)(A); and ``(B) the Secretary certifies-- ``(i) is licensed to operate and dispense prescription drugs to individuals in the country in which such pharmacy is located; and ``(ii) meets the criteria under paragraph (3). ``(2) Publication of approved pharmacies.--The Secretary shall publish on the Internet Web site of the Food and Drug Administration a list of approved pharmacies, including the Internet Web site address of each such approved pharmacy, from which individuals may purchase prescription drugs in accordance with subsection (a). ``(3) Additional criteria.--To be an approved pharmacy, the Secretary shall certify that the pharmacy-- ``(A) has been in existence for a period of at least 5 years preceding the date of such certification and has a purpose other than to participate in the program established under this section; ``(B) operates in accordance with pharmacy standards set forth by the pharmacy rules and regulations enacted in the country in which it is located; ``(C) has processes established by the pharmacy, or participates in another established process, to certify that the physical premises and data reporting procedures and licenses are in compliance with all applicable laws and regulations, and has implemented policies designed to monitor ongoing compliance with such laws and regulations; ``(D) conducts or commits to participate in ongoing and comprehensive quality assurance programs and implements such quality assurance measures, including blind testing, to ensure the veracity and reliability of the findings of the quality assurance program; ``(E) agrees that laboratories approved by the Secretary shall be used to conduct product testing to determine the safety and efficacy of sample pharmaceutical products; ``(F) has established, or will establish or participate in, a process for resolving grievances and will be held accountable for violations of established guidelines and rules; ``(G) does not resell products from online pharmacies located outside the country in which the pharmacy is located to customers in the United States; and ``(H) meets any other criteria established by the Secretary.''.

Safe and Affordable Prescription Drugs Act of 2015 Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to require the Department of Health and Human Services (HHS) to promulgate regulations within 180 days permitting individuals to import a prescription drug purchased from an approved foreign pharmacy that: is dispensed by a pharmacist licensed in that country; is purchased for personal use in quantities not greater than a 90-day supply; is filled using a valid prescription issued by a physician licensed to practice in the United States; and has the same active ingredient or ingredients, route of administration, dosage form, and strength as a prescription drug approved under the FFDCA. Sets forth exceptions, including for controlled substances and biological products. Establishes a certification process for approving pharmacies in certain foreign countries. Requires HHS to publish a list of approved foreign pharmacies.

Safe and Affordable Prescription Drugs Act of 2015

SECTION 1. CREDIT FOR CERTAIN EMPLOYER-PROVIDED RETIREE HEALTH CARE COVERAGE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45N. EMPLOYER-PROVIDED RETIREE HEALTH CARE COVERAGE. ``(a) General Rule.--For purposes of section 38, in the case of an eligible employer, the retiree health care coverage credit determined under this section for the taxable year is an amount equal to 10 percent of qualified retiree health care expenses paid or incurred by the taxpayer during such taxable year in connection with the provision of qualified retiree health care coverage. ``(b) Eligible Employer.--For purposes of this section, the term `eligible employer' means for a taxable year any employer-- ``(1) which is eligible for the deduction under section 199 for such taxable year, or ``(2) at least 50 percent of the gross receipts of which derived from activities within the United States for such taxable year are domestic production gross receipts (as defined in section 199(c)(4)). ``(c) Qualified Retiree Health Care Expenses.--For purposes of this section, the term `qualified retiree health care expenses' means any amount paid or incurred by an eligible employer for qualified retiree health care coverage to the extent such amount is attributable to coverage provided to any employee and such employee's spouse and dependents while such employee is a qualified employee. ``(d) Qualified Employee.--For purposes of this section-- ``(1) In general.--The term `qualified employee' means any retired employee of an employer who, with respect to any period-- ``(A) has attained 55 but not 66 years of age, and ``(B) is not provided health insurance coverage under title XVIII of the Social Security Act. ``(2) Employee.--The term `employee' does not include an employee within the meaning of section 401(c)(1). ``(e) Qualified Retiree Health Care Coverage.--For purposes of this section, the term `qualified retiree health care coverage' means health care coverage, through the purchase of insurance or otherwise, the value of which meets or exceeds on an actuarial basis the value of any service benefit plan (standard option with preferred provider organization) offered under chapter 89 of title 5, United States Code. ``(f) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(g) Denial of Double Benefits.-- ``(1) Other credits.--No credit under any other provision of this chapter shall be allowed with respect to qualified retiree health care expenses taken into account under subsection (a). ``(2) Deduction.--The amount of any deduction allowable under this chapter with respect to any qualified retiree health care expenses paid or incurred during the taxable year shall be reduced by the amount of the credit allowed under subsection (a) with respect to such expenses for such taxable year. ``(h) Election.--This section shall apply to any taxpayer for any taxable year only if such taxpayer elects (at such time and in such manner as the Secretary may by regulations prescribe) to have this section apply for such taxable year. ``(i) Termination.--This section shall not apply to premiums paid or incurred after December 31, 2009.''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, plus'', and by adding at the end the following: ``(31) the retiree health care coverage credit determined under section 45N.''. (c) Credit Allowed Against the Alternative Minimum Tax.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 (defining specified credits) is amended by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) the credit determined under section 45N.''. (d) 10-Year Carryback and Unlimited Carryforward of Credit.-- Subsection (a) of section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) 10-year carryback and unlimited carryforward for premiums credit.--In the case of the retiree health care coverage credit under section 45N-- ``(A) this section shall be applied separately from the business credit (other than such retiree health care coverage credit), ``(B) paragraph (1) shall be applied by substituting `10 taxable years' for `1 taxable years' in subparagraph (A) thereof and by striking `20' in subparagraph (B) thereof, and ``(C) paragraph (2) shall be applied by striking `21' in subparagraph (A) thereof and by striking `20' in subparagraph (B) thereof.''. (e) Conforming Amendments.-- (1) Section 6501(m) of the Internal Revenue Code of 1986 is amended by inserting ``45N(h),'' after ``45C(d)(4),''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45N. Employer-provided retiree health care insurance premiums.''. (f) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to allow employers eligible for the tax deduction for income attributable to domestic production activities a tax credit for 10% of the health care expenses of retired employee between age 55 and 66 who are not Medicare-eligible. Terminates such tax credit after 2009.

A bill to amend the Internal Revenue Code of 1986 to allow a tax credit for certain employer-provided retiree health care coverage, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Research in Adult Education Act''. SEC. 2. STRENGTHEN RESEARCH IN ADULT EDUCATION. (a) Education Sciences Reform Act of 2002.--The Education Sciences Reform Act of 2002 (20 U.S.C. 9501 et seq.) is amended-- (1) in section 102 (20 U.S.C. 9501)-- (A) by redesignating paragraphs (2) through (8), (9) through (22), and (23), as paragraphs (3) through (9), (11) through (24), and (26), respectively; (B) by inserting after paragraph (1) the following: ``(2) Adult education; adult education and literacy activities.--The terms `adult education' and `adult education and literacy activities' have the meanings given the terms in section 203 of the Adult Education and Family Literacy Act (20 U.S.C. 9202).''; (C) by inserting after paragraph (9), as redesignated by subparagraph (A), the following: ``(10) Digital literacy skills.--The term `digital literacy skills' has the meaning given the term in section 202 of the Museum and Library Services Act (20 U.S.C. 9101).''; and (D) by inserting after paragraph (24), as redesignated by subparagraph (A), the following: ``(25) Student.--Unless otherwise provided, the term `student' means any elementary, secondary, postsecondary, or adult education student.''; (2) in section 111(b)(1) (20 U.S.C. 9511(b)(1)), in the matter preceding subparagraph (A), by inserting ``, including adult education'' after ``postsecondary study''; (3) in section 115(a) (20 U.S.C. 9515(a))-- (A) in the matter preceding paragraph (1), by inserting ``the Adult Education and Family Literacy Act (20 U.S.C. 9201 et seq.),'' after ``the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.),''; and (B) in paragraph (2)-- (i) in subparagraph (A), by inserting ``and adults'' after ``children''; (ii) in subparagraph (B), by striking ``and'' after the semicolon; (iii) by redesignating subparagraph (C) as subparagraph (D); and (iv) by inserting after subparagraph (B) the following: ``(C) access to, and opportunities for, adult education and literacy activities; and''; (4) in section 116(c)(4)(A)(ii) (20 U.S.C. 9516(c)(4)(A)(ii))-- (A) by inserting ``adult educators,'' after ``professional educators,''; and (B) by inserting ``State directors of adult education,'' after ``postsecondary education executives,''; (5) in section 131(b)(1) (20 U.S.C. 9531(b)(1))-- (A) in subparagraph (C), by striking ``and'' after the semicolon; (B) in subparagraph (D), by inserting ``and'' after the semicolon; and (C) by adding at the end the following: ``(E) improve the literacy and numeracy skills of individuals who need adult education;''; (6) in section 133 (20 U.S.C. 9533)-- (A) in subsection (a)-- (i) in paragraph (10)(D), by striking ``and'' after the semicolon; (ii) in paragraph (11), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(12) carry out research on successful State and local adult education and literacy activities that-- ``(A) result in increased literacy and numeracy and educational attainment for adult learners; or ``(B) prepare students for postsecondary education or employment.''; and (B) in subsection (c)-- (i) in paragraph (1), by inserting ``At least one 1 center shall be assigned the topic of adult education.'' after ``paragraph (2).''; and (ii) in paragraph (2)-- (I) by striking subparagraph (A) and inserting the following: ``(A) Adult education.''; (II) by redesignating subparagraphs (C) through (K) as subparagraphs (D) through (L), respectively; and (III) by inserting after subparagraph (B) the following: ``(C) Digital literacy.''; (7) in section 153(a)(1) (20 U.S.C. 9543(a)(1))-- (A) by redesignating subparagraphs (F) through (O) as subparagraphs (G) through (P), respectively; (B) by inserting after subparagraph (E) the following: ``(F) access to, and opportunity for, adult education and literacy activities;''; and (C) in subparagraph (L), as redesignated by subparagraph (A), by inserting ``and in adult education'' after ``secondary schools''; and (8) in section 172(a)(2) (20 U.S.C. 9562(a)(2))-- (A) in subparagraph (D), by striking ``and'' after the semicolon; (B) by redesignating subparagraph (E) as subparagraph (F); and (C) by inserting after subparagraph (D) the following: ``(E) educational practices that improve digital literacy; and''. (b) Educational Technical Assistance Act of 2002.--The Educational Technical Assistance Act of 2002 (20 U.S.C. 9601 et seq.) is amended in section 206(b)(2)-- (1) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; and (2) by inserting after subparagraph (A) the following: ``(B) Representatives of local or regional adult education providers.''.

Strengthening Research in Adult Education Act - Amends the Education Sciences Reform Act of 2002 to revise the mission statement for the Institute of Education Sciences of the Department of Education to ensure access to, and opportunities for, adult education and literacy activities. Revises the composition of presidential appointees to the National Board for Education Sciences to include adult educators. Revises the mission statement for the Institute's National Center for Education Research (Research Center) to include improving the literacy and numeracy skills of individuals who need adult education. Revises also the Research Center's duties to include research on successful state and local adult education and literacy activities that: result in increased literacy, numeracy, and educational attainment for adult learners, or prepare students for postsecondary education or employment. Directs the Research Commissioner to support, through national research and development centers or through other means, research on adult education and digital literacy. Revises duties of the National Center for Education Statistics to require it to include in the statistical data on education in the United States it collects, analyzes, and disseminates data on access to, and opportunity for, adult education and literacy activities. Requires the National Center for Education and Regional Assistance to disseminate widely certain educational information with respect to educational practices that improve digital literacy. Amends the Educational Technical Assistance Act of 2002 to revise the composition of regional advisory committees to include representatives of local or regional adult education providers.

Strengthening Research in Adult Education Act

SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Long-Term Caregivers Assistance Act of 2000''. SEC. 2. REFUNDABLE CREDIT FOR LONG-TERM CARE. (a) General Rule.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. LONG-TERM CARE TAX CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of $2,000 multiplied by the number of applicable individuals with respect to whom the taxpayer is an eligible caregiver for the taxable year. ``(b) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds the threshold amount. For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Threshold amount.--For purposes of paragraph (1), the term `threshold amount' means-- ``(A) $110,000 in the case of a joint return, ``(B) $75,000 in the case of an individual who is not married, and ``(C) $55,000 in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable individual.-- ``(A) In general.--The term `applicable individual' means, with respect to any taxable year, any individual who has been certified, before the due date for filing the return of tax for the taxable year (without extensions), by a physician (as defined in section 1861(r)(1) of the Social Security Act) as being an individual with long-term care needs described in subparagraph (B) for a period-- ``(i) which is at least 180 consecutive days, and ``(ii) a portion of which occurs within the taxable year. Such term shall not include any individual otherwise meeting the requirements of the preceding sentence unless within the 39\1/2\ month period ending on such due date (or such other period as the Secretary prescribes) a physician (as so defined) has certified that such individual meets such requirements. ``(B) Individuals with long-term care needs.--An individual is described in this subparagraph if the individual meets any of the following requirements: ``(i) The individual is at least 6 years of age and-- ``(I) is unable to perform (without substantial assistance from another individual) at least 3 activities of daily living (as defined in section 7702B(c)(2)(B)) due to a loss of functional capacity, or ``(II) requires substantial supervision to protect such individual from threats to health and safety due to severe cognitive impairment and is unable to perform at least 1 activity of daily living (as so defined) or to the extent provided in regulations prescribed by the Secretary (in consultation with the Secretary of Health and Human Services), is unable to engage in age appropriate activities, or ``(III) requires substantial supervision to protect such individual from threats to health and safety due to a severe psychological disability, mental retardation, or related developmental disabilities and would otherwise require residence in a psychiatric hospital, an intermediate care facility for the mentally retarded, or similar residential facility approved by the Secretary of Health and Human Services. ``(ii) The individual is at least 2 but not 6 years of age and is unable due to a loss of functional capacity to perform (without substantial assistance from another individual) at least 2 of the following activities: eating, transferring, or mobility. ``(iii) The individual is under 2 years of age and requires specific durable medical equipment by reason of a severe health condition or requires a skilled practitioner trained to address the individual's condition to be available if the individual's parents or guardians are absent. ``(C) Psychological disability defined.--In this section, the term `psychological disability' shall refer to diagnosable clinical conditions on Axis I or Axis II of the current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders and is of a severity that requires substantial supervision or residence in a psychiatric hospital or similar residential facility approved by the Secretary. ``(D) Mental retardation defined.--In this section, the term `mental retardation' shall have the same meaning as `developmental disabilities' as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) consistent with the requirements of section 305(a)(2)(E) and is of a severity that requires substantial supervision or residence in an intermediate care facility for the mentally retarded, or similar residential facility approved by the Secretary of Health and Human Services. ``(2) Eligible caregiver.-- ``(A) In general.--A taxpayer shall be treated as an eligible caregiver for any taxable year with respect to the following individuals: ``(i) The taxpayer. ``(ii) The taxpayer's spouse. ``(iii) An individual with respect to whom the taxpayer is allowed a deduction under section 151 for the taxable year. ``(iv) An individual who would be described in clause (iii) for the taxable year if section 151(c)(1)(A) were applied by substituting for the exemption amount an amount equal to the sum of the exemption amount, the standard deduction under section 63(c)(2)(C), and any additional standard deduction under section 63(c)(3) which would be applicable to the individual if clause (iii) applied. ``(v) An individual who would be described in clause (iii) for the taxable year if-- ``(I) the requirements of clause (iv) are met with respect to the individual, and ``(II) the requirements of subparagraph (B) are met with respect to the individual in lieu of the support test of section 152(a). ``(B) Residency test.--The requirements of this subparagraph are met if an individual has as his principal place of abode the home of the taxpayer and-- ``(i) in the case of an individual who is an ancestor or descendant of the taxpayer or the taxpayer's spouse, is a member of the taxpayer's household for over half the taxable year, or ``(ii) in the case of any other individual, is a member of the taxpayer's household for the entire taxable year. ``(C) Special rules where more than 1 eligible caregiver.-- ``(i) In general.--If more than 1 individual is an eligible caregiver with respect to the same applicable individual for taxable years ending with or within the same calendar year, a taxpayer shall be treated as the eligible caregiver if each such individual (other than the taxpayer) files a written declaration (in such form and manner as the Secretary may prescribe) that such individual will not claim such applicable individual for the credit under this section. ``(ii) No agreement.--If each individual required under clause (i) to file a written declaration under clause (i) does not do so, the individual with the highest modified adjusted gross income (as defined in section 32(c)(5)) shall be treated as the eligible caregiver. ``(iii) Married individuals filing separately.--In the case of married individuals filing separately, the determination under this subparagraph as to whether the husband or wife is the eligible caregiver shall be made under the rules of clause (ii) (whether or not one of them has filed a written declaration under clause (i)). ``(d) Identification Requirement.--No credit shall be allowed under this section to a taxpayer with respect to any applicable individual unless the taxpayer includes the name and taxpayer identification number of such individual, and the identification number of the physician or licensed independent practitioner licensed by the State to render relevant diagnosis certifying such individual, on the return of tax for the taxable year. ``(e) Taxable Year Must Be Full Taxable Year.--Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months.''. (b) Conforming and Clerical Amendments.-- (1) Paragraph (2) of section 6213(g) of such Code (relating to mathematical or clerical error) is amended-- (A) by striking ``and'' at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting ``, and'', and by inserting after subparagraph (L) the following new subparagraph: ``(M) an omission of a correct TIN or physician identification required under section 24(e) (relating to family care credit) to be included on a return.'', and (B) in the matter preceding clause (i) of subparagraph (L), by striking ``or 32'' and inserting ``32, or 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 35 and inserting the following: ``Sec. 35. Long-term care tax credit. ``Sec. 36. Overpayments of tax.'' (c) Appropriations for Refund.--Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period ``, or of section 35 of such Code''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Prohibits a credit allowance for less than the full tax year, except in the case of a taxpayer's death.

Long-Term Caregivers Assistance Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for High-Skilled Immigrants Act of 2011''. SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE. (a) In General.--Section 202(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(2)) is amended-- (1) in the paragraph heading, by striking ``and employment- based''; (2) by striking ``(3), (4), and (5),'' and inserting ``(3) and (4),''; (3) by striking ``subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; (4) by striking ``7'' and inserting ``15''; and (5) by striking ``such subsections'' and inserting ``such section''. (b) Conforming Amendments.--Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended-- (1) in subsection (a)(3), by striking ``both subsections (a) and (b) of section 203'' and inserting ``section 203(a)''; (2) by striking subsection (a)(5); and (3) by amending subsection (e) to read as follows: ``(e) Special Rules for Countries at Ceiling.--If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).''. (c) Country-specific Offset.--Section 2 of the Chinese Student Protection Act of 1992 (8 U.S.C. 1255 note) is amended-- (1) in subsection (a), by striking ``subsection (e))'' and inserting ``subsection (d))''; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective Date.--The amendments made by this section shall take effect as if enacted on September 30, 2011, and shall apply to fiscal years beginning with fiscal year 2012. (e) Transition Rules for Employment-based Immigrants.-- (1) In general.--Subject to the succeeding paragraphs of this subsection and notwithstanding title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the following rules shall apply: (A) For fiscal year 2012, 15 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2010 under such paragraphs. (B) For fiscal year 2013, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2011 under such paragraphs. (C) For fiscal year 2014, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2012 under such paragraphs. (2) Per-country levels.-- (A) Reserved visas.--With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas.--With respect to the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) and not reserved under paragraph (1), for each of fiscal years 2012, 2013, and 2014, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state. (3) Special rule to prevent unused visas.--If, with respect to fiscal year 2012, 2013, or 2014, the operation of paragraphs (1) and (2) of this subsection would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) from being issued, such visas may be issued during the remainder of such fiscal year without regard to paragraphs (1) and (2) of this subsection. (4) Rules for chargeability.--Section 202(b) of such Act (8 U.S.C. 1152(b)) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection. Passed the House of Representatives November 29, 2011. Attest: KAREN L. HAAS, Clerk.

Fairness for High-Skilled Immigrants Act of 2011 - Amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants from 7% to 15% of the total number of family-sponsored visas. Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese (PRC) immigrant visas to offset status adjustments under such Act. Sets forth the following transition period for employment-based second and third preference (EB-2 and EB-3) immigrant visas: (1) for FY2012, 15% of such visas allotted to natives of countries other than the two countries with the largest aggregate numbers of natives obtaining such visas in FY2010; (2) for FY2013, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2011; and (3) for FY2014, 10% of such visas allotted in each category to natives of countries other than the two with the largest aggregate numbers of natives obtaining such visas in FY2012. Sets forth the following per country distribution rules: (1) for transition period visas, not more than 25% of the total number of EB-2 and EB-3 visas for natives of a single country; and (2) for non-transition period visas, not more than 85% of EB-2 and EB-3 visas for natives of a single country. Provides that the amendments made by this Act will take place as if enacted on September 30, 2011, and shall apply beginning in FY2012.

To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection Against Sexual Exploitation of Children Act of 2005''. SEC. 2. INCREASED PENALTIES FOR SEXUAL OFFENSES AGAINST CHILDREN. (a) Sexual Abuse.-- (1) Aggravated sexual abuse of children.--Section 2241(c) of title 18, United States Code, is amended by striking ``, imprisoned for any term of years or life, or both.'' and inserting ``and imprisoned for not less than 30 years or for life.''. (2) Abusive sexual contact with children.--Section 2244 of chapter 109A of title 18, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``(a) or (b)'' after ``section 2241''; (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and (iii) by inserting after paragraph (1) the following: ``(2) subsection (c) of section 2241 of this title had the sexual contact been a sexual act, shall be fined under this title and imprisoned for not less than 10 years and not more than 25 years;''; and (B) in subsection (c), by inserting ``(other than subsection (a)(2))'' after ``violates this section''. (3) Sexual abuse of children resulting in death.--Section 2245 of title 18, United States Code, is amended-- (A) by striking ``A person'' and inserting ``(a) In General.--A person''; and (B) by adding at the end the following: ``(b) Offenses Involving Young Children.--A person who, in the course of an offense under this chapter, engages in conduct that results in the death of a person who has not attained the age of 12 years, shall be punished by death or imprisoned for not less than 30 years or for life.''. (b) Sexual Exploitation and Other Abuse of Children.-- (1) Sexual exploitation of children.--Section 2251(e) of title 18, United States Code, is amended-- (A) by striking ``15 years nor more than 30 years'' and inserting ``25 years or for life''; (B) by striking ``not less than 25 years nor more than 50 years, but if such person has 2 or more prior convictions under this chapter, chapter 71, chapter 109A, or chapter 117, or under section 920 of title 10 (article 120 of the Uniform Code of Military Justice), or under the laws of any State relating to the sexual exploitation of children, such person shall be fined under this title and imprisoned not less than 35 years nor more than life.'' and inserting ``life.''; and (C) by striking ``any term of years or for life'' and inserting ``not less than 30 years or for life.''. (2) Activities relating to material involving the sexual exploitation of children.--Section 2252(b) of title 18, United States Code, is amended-- (A) in paragraph (1)-- (i) by striking ``5 years and not more than 20 years'' and inserting ``25 years or for life''; and (ii) by striking ``not less than 15 years nor more than 40 years.'' and inserting ``life.''; and (B) in paragraph (2)-- (i) by striking ``or imprisoned for not more than'' and inserting ``and imprisoned for''; (ii) by striking ``, or both''; and (iii) by striking ``10 years nor more than 20 years.'' and inserting ``30 years or for life.''. (3) Activities relating to material constituting or containing child pornography.--Section 2252A(b) of title 18, United States Code, is amended-- (A) in paragraph (1)-- (i) by striking ``5 years and not more than 20 years'' and inserting ``25 years or for life''; and (ii) by striking ``not less than 15 years nor more than 40 years'' and inserting ``life''; and (B) in paragraph (2)-- (i) by striking ``or imprisoned not more than 10 years, or both'' and inserting ``and imprisoned for 10 years''; and (ii) by striking ``10 years nor more than 20 years'' and inserting ``30 years or for life''. (4) Using misleading domain names to direct children to harmful material on the internet.--Section 2252B(b) of title 18, United States Code, is amended by striking ``or imprisoned not more than 4 years, or both'' and inserting `` and imprisoned not less than 10 years''. (5) Production of sexually explicit depictions of children.--Section 2260(c) of title 18, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) shall be fined under this title and imprisoned for not less than 25 years; and ``(2) if the person has a prior conviction under this chapter or chapter 109A, shall be fined under this title and imprisoned for life.''. (c) Conduct Relating to Child Prostitution.--Section 2423 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``5 years and not more than 30 years'' and inserting ``30 years or for life''; (2) in subsection (b), by striking ``or imprisoned not more than 30 years, or both'' and inserting ``and imprisoned for not less than 10 years and not more than 30 years''; (3) in subsection (c), by striking ``or imprisoned not more than 30 years, or both'' and inserting ``and imprisoned for not less than 10 years and not more than 30 years''; and (4) in subsection (d), by striking ``imprisoned not more than 30 years, or both'' and inserting ``and imprisoned for 30 years''. (d) Mandatory Life Imprisonment for Certain Repeated Sex Offenses Against Children.--Section 3559(e)(2)(A) of title 18, United States Code, is amended-- (1) by striking ``or 2423(a)'' and inserting ``2423(a)''; and (2) by inserting ``, 2423(b) (relating to travel with intent to engage in illicit sexual conduct), or 2425 (relating to use of interstate facilities to transmit information about a minor)'' after ``minors)''.

Protection Against Sexual Exploitation of Children Act of 2005 - Amends the Federal criminal code to increase mandatory minimum terms of imprisonment for sexual offenses against children, including: (1) aggravated sexual abuse of children; (2) abusive sexual contact with children under age 12; (3) sexual abuse of children under age 12 resulting in death; (4) sexual exploitation of children; (5) activities relating to material involving the sexual exploitation of children; (6) activities relating to material constituting or containing child pornography; (7) using misleading domain names to direct children to harmful material on the Internet; and (8) production of sexually explicit depictions of children; and (9) conduct relating to child prostitution. Includes within the definition of "federal sex offense" (for purposes of provisions regarding mandatory life imprisonment for repeat sex offenses against children) offenses under provisions relating to: (1) travel with intent to engage in illicit sexual conduct; and (2) the use of interstate facilities to transmit information about a minor.

To amend title 18, United States Code, to provide increased penalties for sexual offenses against children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Credit Scores Act of 2016''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) If the consumer reporting agency is a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis as described in section 603(p), each such agency shall disclose a current credit score generated using the scoring algorithm, formula, model, program, or mechanism that is most frequently used to generate credit scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or other predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or other predictors relating to the consumer for a period of not less than 1 year beginning on the date on which such information is generated.''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit Reporting Act (15 U.S.C. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''. (c) Technical Corrections.--The Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended-- (1) in section 603 (15 U.S.C. 1681a)-- (A) in subsection (d)(2)(D), by striking ``(x)'' and inserting ``(y)''; (B) in subsection (q)(5), by striking ``103(i)'' and inserting ``103(j)''; and (C) in subsection (v), by striking ``Bureau'' and inserting ``Federal Trade Commission''; (2) in section 604 (15 U.S.C. 1681b)-- (A) in subsection (b)-- (i) in paragraph (2)(B)(i), by striking ``section 615(a)(3)'' and inserting ``section 615(a)(4)''; (ii) in paragraph (3)(B)(ii), by striking ``clause (B)(i)(IV)'' and inserting ``clause (i)(IV)''; (iii) in paragraph (4)(A)(ii), by inserting ``and'' after the semicolon; and (iv) by striking ``section 609(c)(3)'' each place that term appears and inserting ``section 609(c)''; and (B) in subsection (g)(5), by striking ``paragraph (2).--'' and all that follows through ``The Bureau'' and inserting ``paragraph (2).--The Bureau''; (3) in section 605 (15 U.S.C. 1681c)-- (A) in subsection (f), by striking ``who'' and inserting ``which''; and (B) in subsection (h)(2)(A)-- (i) by striking ``shall,,'' and inserting ``shall,''; and (ii) by striking ``Commission,,'' and inserting ``Commission,''; (4) in section 605A(h)(1)(A) (15 U.S.C. 1681c-1(h)(1)(A)), by striking ``103(i)'' and inserting ``103(j)''; (5) in section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by striking ``section 604(b)(4)(E)(i)'' and inserting ``section 604(b)(4)(D)(i)''; (6) in section 609 (15 U.S.C. 1681g)-- (A) in subsection (a)(3)(C)(i), by striking ``section 604(b)(4)(E)(i)'' and inserting ``section 604(b)(4)(D)(i)''; (B) in subsection (c)(1)-- (i) in the paragraph heading, by striking ``Commission'' and inserting ``Bureau''; and (ii) in subparagraph (B)(vi), by striking ``603(w)'' and inserting ``603(x)''; (C) in subsection (e)(2)(B)(ii)(II), by striking ``an''; and (D) by striking ``The Commission'' each place that term appears and inserting ``The Bureau''; (7) in section 610 (15 U.S.C. 1681h)-- (A) in subsection (b)(1), by inserting ``section'' after ``under''; and (B) in subsection (e), by inserting a comma after ``on the report''; (8) in section 611 (15 U.S.C. 1681i), by striking ``The Commission'' each place that term appears and inserting ``The Bureau''; (9) in section 612 (15 U.S.C. 1681j)-- (A) in subsection (a)(1)-- (i) in subparagraph (A), by striking ``(w)'' and inserting ``(x)''; and (ii) in subparagraph (C), by striking ``603(w)'' each place that term appears and inserting ``603(x)''; (B) in subsection (g)(2), by striking ``televison'' and inserting ``television''; and (C) by striking ``The Commission'' each place that term appears and inserting ``The Bureau''; and (10) in section 621 (15 U.S.C. 1681s)-- (A) in subsection (a)(1), in the first sentence, by striking ``, subsection (b)''; (B) in subsection (e)(2), by inserting a period after ``provisions of this title''; and (C) in subsection (f)(2), by striking ``The Commission'' and inserting ``The Bureau''.

Fair Access to Credit Scores Act of 2016 This bill amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, upon request and without charge, as part of a consumer's free annual disclosure, a current credit score generated using the scoring methodology most frequently used to generate scores sold to creditors, including information regarding other risk scores or predictors in the consumer's file. Those agencies shall also furnish any other consumer information the Consumer Financial Protection Bureau considers appropriate with respect to consumer financial education, including where the consumer's credit score falls with respect to a range of possible credit scores, and the general factors contributing to consumer credit scores. Upon consumer request for a credit score, a consumer reporting agency shall disclose any a credit or risk score in a consumer's file. All consumer reporting agencies shall maintain credit scores or other risk scores or predictors in the consumer's file for at least one year after the data is generated.

Fair Access to Credit Scores Act of 2016

SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Chattahoochee River National Recreation Area in the State of Georgia is a nationally significant resource; (2) the Chattahoochee River National Recreation Area has been adversely affected by land use changes occurring inside and outside the recreation area; (3) the population of the metropolitan Atlanta area continues to expand northward, leaving dwindling opportunities to protect the scenic, recreational, natural, and historical values of the 2,000- foot-wide corridor adjacent to each bank of the Chattahoochee River and its impoundments in the 48-mile segment known as the ``area of national concern''; (4) the State of Georgia has enacted the Metropolitan River Protection Act to ensure protection of the corridor located within 2,000 feet of each bank of the Chattahoochee River, or the corridor located within the 100-year floodplain, whichever is larger; (5) the corridor located within the 100-year floodplain includes the area of national concern; (6) since establishment of the Chattahoochee River National Recreation Area, visitor use of the recreation area has shifted dramatically from waterborne to water-related and land-based activities; (7) the State of Georgia and political subdivisions of the State along the Chattahoochee River have indicated willingness to join in a cooperative effort with the United States to link existing units of the recreation area through a series of linear corridors to be established within the area of national concern and elsewhere on the river; and (8) if Congress appropriates funds in support of the cooperative effort described in paragraph (7), funding from the State, political subdivisions of the State, private foundations, corporate entities, private individuals, and other sources will be available to fund more than half the estimated cost of the cooperative effort. (b) Purposes.--The purposes of this Act are-- (1) to increase the level of protection of the open spaces within the area of national concern along the Chattahoochee River and to enhance visitor enjoyment of the open spaces by adding land- based linear corridors to link existing units of the recreation area; (2) to ensure that the Chattahoochee River National Recreation Area is managed to standardize acquisition, planning, design, construction, and operation of the linear corridors; and (3) to authorize the appropriation of Federal funds to cover a portion of the costs of the Federal, State, local, and private cooperative effort to add additional areas to the recreation area so as to establish a series of linear corridors linking existing units of the recreation area and to protect other open spaces of the Chattahoochee River corridor. SEC. 2. AMENDMENTS TO CHATTAHOOCHEE RIVER NATIONAL RECREATION AREA ACT. (a) Boundaries.--Section 101 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii), is amended-- (1) in the third sentence, by inserting after ``numbered CHAT- 20,003, and dated September 1984,'' the following: ``and on the maps entitled `Chattahoochee River National Recreation Area Interim Boundary Map #1', `Chattahoochee River National Recreation Area Interim Boundary Map #2', and `Chattahoochee River National Recreation Area Interim Boundary Map #3', and dated August 6, 1998,''; (2) by striking the fourth sentence and inserting the following: ``No sooner than 180 days after the dateof the enactment of this sentence, the Secretary of the Interior (hereafter referred to as the `Secretary') may modify the boundaries of the recreation area to include other land within the Chattahoochee River corridor by submitting a revised map or other boundary description to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The revised map or other boundary description shall be prepared by the Secretary after consultation with affected landowners, the State of Georgia, and affected political subdivisions of the State. The revised boundaries shall take effect 180 days after the date of submission unless, within the 180-day period, Congress enacts a joint resolution disapproving the revised boundaries.''; and (3) in the next-to-last sentence, by striking ``may not exceed approximately 6,800 acres.'' and inserting ``may not exceed 10,000 acres.''. (b) Acquisition of Property.--Section 102 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii-1), is amended-- (1) in subsection (a), by inserting ``from willing sellers'' after ``purchase''; and (2) by striking subsection (f). (c) Cooperative Agreements.--Section 103 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii-2), is amended by striking subsection (b) and inserting the following: ``(b) Cooperative Agreements.--The Secretary may enter into cooperative agreements with the State of Georgia, political subdivisions of the State, and other entities to ensure standardized acquisition, planning, design, construction, and operation of the recreation area.''. (d) Funding.--Section 105 of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii-4), is amended-- (1) by striking ``Sec. 105. (a)'' and inserting the following: ``SEC. 105. FUNDING SOURCES AND GENERAL MANAGEMENT PLAN. ``(a) Funding.-- ``(1) Limitation on use of appropriated funds.--''; (2) in subsection (a)-- (A) by striking ``$79,400,000'' and inserting ``$115,000,000''; (B) by striking ``this Act'' and inserting ``this title''; and (C) by adding at the end the following: ``(2) Donations.--The Secretary may accept a donation of funds or land or an interest in land to carry out this title. ``(3) Relation to other funding sources.--Funds made available under paragraph (1) are in addition to funding and the donation of land and interests in land by the State of Georgia, local government authorities, private foundations, corporate entities, and individuals for purposes of this title.''; and (3) in subsection (c)-- (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (B) by striking ``(c) Within'' and inserting the following: ``(c) General Management Plan.-- ``(1) Initial plan.--Within''; (C) in paragraph (1) (as designated by subparagraph (B)), by striking ``transmit to'' and all that follows through ``Representatives'' and inserting ``transmit to the Committee on Resources of the House of Representatives''; and (D) by adding at the end the following: ``(2) Revised plan.-- ``(A) In general.--Within 3 years after the date funds are made available, the Secretary shall submit to the committees specified in paragraph (1) a revised general management plan to provide for the protection, enhancement, enjoyment, development, and use of the recreation area. ``(B) Public participation.--In preparing the revised plan, the Secretary shall encourage the participation of the State of Georgia and affected political subdivisions of the State, private landowners, interested citizens, public officials, groups, agencies, educational institutions, and other entities.''. (e) Technical Corrections.--Title I of the Act entitled ``An Act to authorize the establishment of the Chattahoochee River National Recreation Area in the State of Georgia, and for other purposes'', approved August 15, 1978 (16 U.S.C. 460ii et seq.), is amended-- (1) in sections 102(d) and 103(a), by striking ``of this Act'' and inserting ``of this title''; (2) in section 104(b)-- (A) by striking ``of this Act'' and inserting ``of this title''; (B) by striking ``under this Act'' and inserting ``under this title''; (C) by striking ``by this Act'' and inserting ``by this title''; and (D) by striking ``in this Act'' and inserting ``in this title''; (3) in section 104(d)(2), by striking ``under this Act'' and inserting ``under this title''; (4) in section 105(c)(1)(A), as redesignated by subsection (d)(3), by striking ``of this Act'' and inserting ``of this title''; (5) in section 106(a), by striking ``in this Act'' and inserting ``in this title''; and (6) in section 106(d), by striking ``under this Act'' and inserting ``under this title''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Allows the Secretary of the Interior, no sooner than 180 days after the enactment of this Act, to modify the boundaries of the Area to include other lands within the Chattahoochee River corridor by submitting a revised map or other boundary description to specified congressional committees. Prohibits such revised boundaries from taking place if Congress adopts a Joint Resolution disapproving the revision.Increases the total acreage limitation for the Area to 10,000 (currently, approximately 6,800).Requires any property acquired for the Area to be purchased from willing sellers. Repeals Federal provisions providing for exchange of Federal lands within the Area for non-Federal lands within its boundaries.Authorizes the Secretary to enter into cooperative agreements with other entities (currently, Georgia and its political subdivisions) to assure standardized acquisition, planning, design, construction, and operation of the Area.Increases from $79.4 million to $115 million the cap on the authorization of appropriations for land acquisition for the Area. Authorizes the Secretary to accept the donation of funds and lands or interests in lands to carry out this Act.Requires the Secretary to submit: (1) the initial general management plan for the Area to the House Committee on Resources (currently, Committee on Interior and Insular Affairs); and (2) within three years after funds are made available, a revision of such plan to specified congressional committees.

To improve protection and management of the Chattahoochee River National Recreation Area in the State of Georgia.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Transfer Act of 1999''. SEC. 2. LICENSING FEDERALLY OWNED OR PATENTED INVENTIONS. (a) In General.--Section 209 of title 35, United States Code, is amended to read as follows: ``Sec. 209. Licensing federally patented or owned inventions ``(a) Authority.--A Federal agency may grant an exclusive or partially exclusive license on a federally owned invention under section 207(a)(2) only if-- ``(1) granting the license is a reasonable and necessary incentive to-- ``(A) call forth the investment capital and expenditures needed to bring the invention to practical application; or ``(B) otherwise promote the invention's utilization by the public; ``(2) the Federal agency finds that the public will be served by the granting of the license, as indicated by the applicant's intentions, plans, and ability to bring the invention to practical application or otherwise promote the invention's utilization by the public, and that the proposed scope of exclusivity is not greater than reasonably necessary to provide the incentive for bringing the invention to practical utilization, as proposed by the applicant, or otherwise to promote the invention's utilization by the public; ``(3) the applicant makes a commitment to achieve practical utilization of the invention within a reasonable time, which time may be extended by the agency upon the applicant's request and the applicant's demonstration that the refusal of such extension would be unreasonable; ``(4) granting the license will not tend to substantially lessen competition or create or maintain a violation of the Federal antitrust laws; and ``(5) in the case of an invention covered by a foreign patent application or patent, the interests of the Federal Government or United States industry in foreign commerce will be enhanced. ``(b) Manufacture in United States.--A Federal agency shall normally grant a license under section 207(a)(2) to use or sell any federally owned invention in the United States only to a licensee who agrees that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the United States. ``(c) Small Business.--First preference for the granting of any exclusive or partially exclusive licenses under section 207(a)(2) shall be given to small business firms having equal or greater likelihood as other applicants to bring the invention to practical application within a reasonable time. ``(d) Terms and Conditions.--Any licenses granted under section 207(a)(2) shall contain such terms and conditions as the granting agency considers appropriate. Such terms and conditions shall include provisions-- ``(1) retaining a nontransferable, irrevocable, paid-up license for any Federal agency to practice the invention or have the invention practiced throughout the world by or on behalf of the Government of the United States; ``(2) requiring periodic reporting on utilization of the invention, and utilization efforts, by the licensee, but only to the extent necessary to enable the Federal agency to determine whether the terms of the license are being complied with; and ``(3) empowering the Federal agency to terminate the license in whole or in part if the agency determines that-- ``(A) the licensee is not executing its commitment to achieve practical utilization of the invention, including commitments contained in any plan submitted in support of its request for a license, and the licensee cannot otherwise demonstrate to the satisfaction of the Federal agency that it has taken, or can be expected to take within a reasonable time, effective steps to achieve practical utilization of the invention; ``(B) the licensee is in breach of an agreement described in subsection (b); ``(C) termination is necessary to meet requirements for public use specified by Federal regulations issued after the date of the license, and such requirements are not reasonably satisfied by the licensee; or ``(D) the licensee has been found by a court of competent jurisdiction to have violated the Federal antitrust laws in connection with its performance under the license agreement. ``(e) Treatment of Report Information.--Any report required under subsection (d)(2) shall be treated by the Federal agency as commercial and financial information obtained from a person and is privileged and confidential and not subject to disclosure under section 552 of title 5. ``(f) Public Notice.--No exclusive or partially exclusive license may be granted under section 207(a)(2) unless public notice of the intention to grant an exclusive or partially exclusive license on a federally owned invention has been provided in an appropriate manner at least 15 days before the license is granted, and the Federal agency has considered all comments received before the end of the comment period in response to that public notice. This subsection shall not apply to the licensing of inventions made under a cooperative research and development agreement entered into under section 12 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). ``(g) Plan.--No Federal agency shall grant any license under a patent or patent application on a federally owned invention unless the person requesting the license has supplied the agency with a plan for development or marketing of the invention, except that any such plan shall be treated by the Federal agency as commercial and financial information obtained from a person and privileged and confidential and not subject to disclosure under section 552 of title 5.''. (b) Amendments to Chapter 18 of Title 35, United States Code.-- Chapter 18 of title 35, United States Code, is amended-- (1) in section 200 by inserting ``without unduly encumbering future research and discovery'' after ``free competition and enterprise;''; (2) by amending section 202(e) to read as follows: ``(e) In any case when a Federal employee is a coinventor of any invention made with a nonprofit organization, small business firm, or a non-Federal inventor, the Federal agency employing such coinventor may, for the purpose of consolidating rights in the invention and if it finds that it would expedite the development of the invention-- ``(1) license or assign whatever rights it may acquire in the subject invention to the nonprofit organization, small business firm, or non-Federal inventor in accordance with sections 200 through 204 (including this section); or ``(2) acquire any rights in the subject invention from the nonprofit organization, small business firm, or non-Federal inventor, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction and no other transaction under this chapter is conditioned on such acquisition.''; and (3) in section 207(a)-- (A) in paragraph (2), by striking ``patent applications, patents, or other forms of protection obtained'' and inserting ``inventions''; and (B) in paragraph (3), by inserting ``, including acquiring rights for and administering royalties to the Federal Government in any invention, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction, to facilitate the licensing of a federally owned invention'' after ``or through contract''. (c) Conforming Amendment.--The item relating to section 209 in the table of sections for chapter 18 of title 35, United States Code, is amended to read as follows: ``209. Licensing federally patented or owned inventions.''.

Requires a Federal agency to treat any required periodic invention utilization report as privileged and confidential commercial and financial information obtained from a person, and not subject to public disclosure. Prohibits an agency from granting an exclusive or partially exclusive license on a federally-owned invention unless: (1) it has provided 15 days' public notice and considered all comments received (unless the license is for an invention made under a cooperative research and development (R&D) agreement); and (2) the person requesting the license has supplied to the agency a plan for development and-or marketing of the invention. Amends provisions commonly known as "the Bayh-Dole Act" with regard to Government acquisition of the rights of a private party to a federally owned invention when a Federal employee is a coinventor of any invention made with a nonprofit organization, small business firm, or a non-Federal inventor. Authorizes the Federal agency employing such coinventor, for the purpose of consolidating rights in the invention and expediting its development, to: (1) license or assign whatever rights it may acquire in the invention to the nonprofit organization, small business firm, or non-Federal inventor; or (2) acquire any rights in the invention from the nonprofit organization, small business firm, or non-Federal inventor, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction and no other transaction under such Act is conditioned on such acquisition. Authorizes each Federal agency to acquire rights for and administer to the Federal Government royalties in any federally owned invention in order to facilitate its licensing, but only to the extent the party from whom the rights are acquired voluntarily enters into the transaction.

Technology Transfer Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota Education Investment and Employment Act''. SEC. 2. LAND EXCHANGE, BOUNDARY WATERS CANOE AREA WILDERNESS AND SUPERIOR NATIONAL FOREST, MINNESOTA. (a) Findings.--Congress makes the following findings: (1) The State of Minnesota owns multiple parcels of land in the Boundary Waters Canoe Area Wilderness in the Superior National Forest that were granted to the State through sections 16 and 36 of the Enabling Act of 1857 to be held in trust for the benefit of the public school system in the State (in this section referred to as ``State trust lands''). (2) The State trust lands were acquired by the State long before the establishment of either the National Forest System or the wilderness area and are scattered in a largely checkerboard fashion amid the Superior National Forest and the wilderness area. (3) The presence of State trust lands in the wilderness area makes land and resource management in the wilderness area more difficult, costly, and controversial for the United States and the State. (4) Although the State trust lands were granted to the State to generate financial support for the public school system through the sale or development of natural resources, development of those resources in the wilderness area may be incompatible with managing the wilderness area for recreational, natural, and conservation purposes. (5) The United States owns land and interests in land in other parts of the State that can be transferred to the State in exchange for the State trust lands without jeopardizing Federal management objectives or needs. (6) It is in the public interest to exchange, on terms that are fair to the United States and the State, National Forest System land in the State that has limited recreational and conservation resources for State trust lands located in the wilderness area with important recreational, scenic, and conservation resources for permanent public management and use. (7) The Legislature of the State of Minnesota, meeting in its 87th Legislative Session, passed (and on April 27, 2012, the Governor of Minnesota approved) S.F No. 1750 (Chapter 236), section 4 of which adds section 92.80 to the Minnesota Statutes to expedite the exchange of a portion of the State trust lands located within the Boundary Waters Canoe Area Wilderness. (b) Land Exchange Required.--The Secretary of Agriculture shall consummate a land exchange with the State of Minnesota pursuant to section 4 of S.F No. 1750 (Chapter 236) of the Legislature of the State of Minnesota (section 92.80 of the Minnesota Statutes) to acquire all right, title, and interest of the State in and to certain State trust lands identified as provided in such section in exchange for all right, title, and interest of the United States in and to National Forest System land in the State for inclusion in the State trust lands. (c) Valuation of Lands for Exchange.--Subdivision 4 of section 4 of S.F No. 1750 (Chapter 236) of the Legislature of the State of Minnesota (section 92.80 of the Minnesota Statutes) shall control for purposes of the examination and value determination of the lands to be exchanged. (d) Survey and Administrative Costs.--The exact acreage and legal description of the land to be exchanged under subsection (b) shall be determined by a survey satisfactory to the Secretary. The State of Minnesota shall be responsible for the costs of the survey and all other administrative costs related to the land exchange. (e) Boundaries and Management of Acquired Land.-- (1) Land acquired by secretary.-- (A) In general.--The land acquired by the Secretary under subsection (b) shall be added to and administered as part of the Boundary Waters Canoe Area Wilderness established pursuant to section 3 of the Wilderness Act (16 U.S.C. 1132(a)), and the Secretary shall modify the boundaries of the wilderness area to reflect inclusion of the acquired lands. Subject to subparagraph (B), the land acquired by the Secretary shall be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other laws and regulations applicable to the National Wilderness Preservation System. (B) No effect on existing fishing and hunting rights.--The acquisition of land by the United States under subsection (b) and inclusion of the land in the Boundary Waters Canoe Area Wilderness shall not alter or otherwise affect-- (i) any fishing and hunting rights in existence with respect to the land immediately before the conveyance of the land to the United States; or (ii) the use of such rights after conveyance. (2) Land acquired by state.--The land acquired by the State of Minnesota under subsection (b) shall be deemed to be State trust lands and shall be held in trust for the benefit of the public school system in the State. It is the sense of Congress that, whenever the land acquired by the State of Minnesota under subsection (b) is not being used for revenue-generating activities, the State should make the land available for other compatible uses, including hunting, fishing, hiking, biking, snowmobiling, and trail riding. (3) Boundaries of superior national forest.--The Secretary shall modify the boundaries of the Superior National Forest to reflect the land exchange conducted under this section. (f) Relation to Other Laws.-- (1) Land and water conservation fund act.--For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Superior National Forest, as modified by subsection (e)(3), shall be considered to be boundaries of the Superior National Forest as of January 1, 1965. (2) Not a major federal action.--The land exchange conducted under this section shall not be considered to be a major Federal action. (3) Thye-blatnik act.--The Secretary shall not take into consideration the lands acquired by the United States under this Act in determining the appraised value of National Forest System lands in the State of Minnesota used for purposes of making payments to the State of Minnesota under the Act of June 22, 1948, and the Act of June 22, 1956 (commonly known as the Thye-Blatnik Act and Humphrey-Thye-Blatnik-Andresen Act; 16 U.S.C. 577c through 577h). (g) No Impact on Other Land Exchanges.--The land exchange described in subsection (b) does not affect any land exchange involving National Forest System land in the State of Minnesota underway as of the date of the enactment of this Act. (h) Report.--If the Secretary fails to complete the land exchange described in subsection (b) before the end of the 18-month period beginning on the date of the enactment of this Act, the Secretary shall submit to Congress, not later than 30 days after the end of such period, a report-- (1) specifying the reasons why the exchange has not been completed; and (2) stating the date by which the Secretary anticipates the conveyance will be completed. Passed the House of Representatives September 12, 2012. Attest: KAREN L. HAAS, Clerk.

Minnesota Education Investment and Employment Act - Directs the Secretary of Agriculture (USDA) to complete a land exchange involving National Forest System land in Minnesota and Minnesota state lands. Requires the exchange to be consummated pursuant to specified Minnesota law. Makes Minnesota responsible for the costs of the survey and all other administrative costs related to the land exchange. Adds the lands acquired by the Secretary to the Boundary Waters Canoe Area Wilderness and modifies the boundaries of such Wilderness to reflect their inclusion. Prohibits the acquisition, and inclusion, of land by the United States in the Boundary Waters Canoe Area Wilderness from altering or affecting current fishing and hunting rights. Deems the lands acquired by Minnesota to be state trust lands and to be held in trust for the benefit of its public school system. Expresses the sense of Congress that, whenever the land acquired by Minnesota is not being used for revenue-gathering activities, it should make such land available for other compatible uses, including hunting, fishing, hiking, biking, snowmobiling, and trail riding. Instructs the Secretary to modify the boundaries of Superior National Forest to reflect the land exchange under this Act. States that the land exchange under this Act shall not be considered to be a major federal action. Prohibits the Secretary from taking into consideration the lands acquired by the United States in determining the appraisal value of System lands in Minnesota used for the purposes of making payments to Minnesota under the Thye-Blatnik Act and Humphrey-Thye-Blatnik-Andreson Act. Requires the Secretary to report to Congress, if the Secretary fails to complete the land exchange within the 18-month period following enactment of this Act.

To authorize and expedite a land exchange involving National Forest System land in the Laurentian District of the Superior National Forest and certain other National Forest System land in the State of Minnesota that has limited recreational and conservation resources and lands owned by the State of Minnesota in trust for the public school system that are largely scattered in checkerboard fashion within the Boundary Waters Canoe Area Wilderness and have important recreational, scenic, and conservation resources, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Film Small Business Job Creation Act of 2004''. SEC. 2. DEDUCTION FOR INDEPENDENT FILM PRODUCTION INVESTMENTS. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deduction for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 199. INDEPENDENT FILM PRODUCTION INVESTMENTS. ``(a) Allowance of Deduction.-- ``(1) In general.--In the case of a taxpayer who holds a qualified investment during any portion of the taxable year, there shall be allowed as a deduction for the taxable year an amount equal to the applicable percentage of the qualified expenditures relating to such investments. ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined on the basis of the amount which bears the same ratio to the qualified expenditures made during the portion of the taxable year referred to in paragraph (1) as the amount of the taxpayer's qualified investment in the eligible independent film production entity bears to the aggregate qualified investment in such entity. ``(b) Qualified Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified expenditures' means amounts paid or incurred by an eligible independent film production entity for preproduction, production, and post- production of a qualified motion picture film. ``(2) Post production.--The term `post-production' means, with respect to any motion picture film, distribution and promotion of such film. ``(3) Denial of double benefit.--Except as provided by subsection (a), qualified expenditures shall be disregarded in determining-- ``(A) the adjusted basis of any property held at the entity level, and ``(B) any deduction allowed at the entity level or at the partner or similar level. ``(c) Qualified Investment.--For purposes of this section-- ``(1) In general.--The term `qualified investment' means any equity investment in an eligible independent film production entity if-- ``(A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, ``(B) substantially all of such cash is used by the eligible independent film production entity for qualified expenditures, and ``(C) such investment is designated to be used for preproduction, production, and post-production of a qualified motion picture film by the eligible independent film production entity. ``(2) Treatment of subsequent purchasers.--The term `qualified investment' shall include any equity investment which would (but for paragraph (1)(A)) be a qualified investment in the hands of the taxpayer if such investment was a qualified investment in the hands of a prior holder. ``(3) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(4) Equity investment.--The term `equity investment' means-- ``(A) any stock (other than nonqualified preferred stock as defined in section 351(g)(2)) in an entity which is a corporation, and ``(B) any capital interest in an entity which is a partnership. ``(d) Eligible Independent Film Production Entity.-- ``(1) In general.--The term `eligible independent film production entity' means any domestic corporation or partnership (and any person related to such corporation or partnership)-- ``(A) which is organized and operated for the primary purpose of producing a qualified motion picture film outside the formal studio structure, and ``(B) which takes such film into preproduction, production, and post production through financial funding of its own money or assets, private investors, financial institutions, guarantees, presale advances, or distribution contracts. ``(2) Related person.--For purposes of paragraph (1), a person is a related person to another person if-- ``(A) the relationship between such persons would result in a disallowance of losses under section 267 or 707(b), or ``(B) such persons are members of the same controlled group of corporations (as defined in section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears therein). ``(3) Release of film not taken into account.--For purposes of paragraph (1), whether a motion picture film is released theatrically, directly to video cassette, DVD, or any other format, television or cable programming movie-of-the-week, miniseries, or pilot production shall not be taken into account. ``(e) Qualified Motion Picture Film.--For purposes of this section-- ``(1) In general.--The term `qualified motion picture film' means a motion picture film-- ``(A) the budget of which is greater than $2,000,000 and less than $20,000,000, and ``(B) not less than 95 percent of the wages or self-employment income paid or incurred for producing such film (including the preproduction, production, and post-production stages) is for services provided within the United States or any of its possessions. ``(2) Exception.--The term `qualified motion picture film' shall not include any motion picture film which contains actual sexually explicit conduct (as defined by section 2257(h)(1) of title 18, United States Code. ``(3) Budget.--The budget for a motion picture film-- ``(A) shall not exceed the face amount of the aggregate completion bonds issued with respect to the motion picture film, and ``(B) shall include the preproduction, production, and post-production stages of producing such film. ``(4) Wages; self-employment income.-- ``(A) Wages.--The term `wages' has the meaning given to such term by section 3121. ``(B) Self-employment income.--The term `self- employment income' has the meaning given to such term by section 1402. ``(5) Inflation adjustment.--In the case of a taxable year after 2005, the dollar amounts contained in paragraph (1)(A) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2004' for `calendar year 1992' in subparagraph (B) thereof. Any increase under this subparagraph which is not a multiple of $1,000 shall be rounded to the next lowest multiple of $1,000. ``(f) Recapture In Certain Cases.-- ``(1) In general.--If, at any time during the 5-year period beginning on the date of the original issue of a qualified investment in a eligible independent film production entity, there is a recapture event with respect to such investment, then the tax imposed by this chapter for the taxable year in which such event occurs shall be increased by the credit recapture amount. ``(2) Recapture amount.--For purposes of paragraph (1), the recapture amount is an amount equal to the sum of-- ``(A) the aggregate decrease in the deductions allowed to the taxpayer under this chapter for all prior taxable years which would have resulted if no deduction had been determined under this section with respect to such investment, plus ``(B) interest at the underpayment rate established under section 6621 on the amount determined under subparagraph (A) for each prior taxable year for the period beginning on the due date for filing the return for the prior taxable year involved. No deduction shall be allowed under this chapter for interest described in subparagraph (B). ``(3) Recapture event.--For purposes of paragraph (1), there is a recapture event with respect to an equity investment in a eligible independent film production entity if-- ``(A) such entity ceases to be a eligible independent film production entity, ``(B) the proceeds of the investment cease to be used as required of subsection (c)(1)(B), or ``(C) such investment is redeemed by such entity. ``(4) Special rule.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of section 55. ``(g) Basis Reduction.--The basis of any qualified investment shall be reduced by the amount of any deduction determined under this section with respect to such investment. This subsection shall not apply for purposes of sections 1202, 1400B, and 1400F. ``(h) Election to have credit not apply.--A taxpayer may elect to have this section not apply for any taxable year. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, and ``(2) which impose appropriate reporting requirements.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``; and'', and by adding at the end the following new paragraph: ``(29) to the extent provided in section 199(g).''. (c) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 199. Independent film production investments.''. (d) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2004.

Independent Film Small Business Job Creation Act of 2004 - Amends the Internal Revenue Code to allow a tax deduction for expenditures relating to the production, promotion and distribution of U.S. independent motion picture films with budgets between $2 and $20 million (adjusted for inflation). Requires that not less than 95 percent of the wages or self-employment income paid for producing such films be for services provided within the United States or its possessions. Requires the recapture as income of amounts deducted if a production company ceases to qualify as an independent film production company.

To amend the Internal Revenue Code of 1986 to encourage the production of independent motion picture films in the United States.

SECTION 1. NATIONAL PARK RANGER SCHOOL PARTNERSHIP PROGRAM. (a) Program Authorized.-- (1) In general.--Part D of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is amended by adding at the end the following: ``Subpart 22--National Park Ranger School Partnerships ``SEC. 5621. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary, in cooperation with the Director of the National Park Service, may award grants, on a competitive basis, to local educational agencies to enable the local educational agencies to carry out the authorized activities described in subsection (c). ``(b) Required Partnership.--A local educational agency that receives a grant under this subpart shall carry out the activities described in subsection (c) through a partnership that includes the National Park Service and may include a not-for-profit partner of the National Park Service. ``(c) Authorized Activities.--A local educational agency shall use funds provided under this subpart to carry out, through the partnership, both of the following activities: ``(1) Providing, for students in kindergarten through grade 12, educational programs (including programs under which instruction is provided by National Park Service Rangers) that emphasize science, the environment, natural resources, mathematics, history, and civics. ``(2) Providing, for educators of students in kindergarten through grade 12, professional development opportunities (such as summer institutes) that emphasize science, the environment, natural resources, mathematics, history, and civics. ``(d) Duration and Amounts.--Each grant under this subpart shall be for a period of 3 years, for an aggregate amount of not more than $25,000. ``(e) Eligibility.--To be eligible to receive a grant under this subpart, a local educational agency shall-- ``(1)(A) be adjacent to a facility of the National Park Service; ``(B) be close to a Research and Learning Center of the National Park Service; ``(C) have a partnership with or be capable of partnering with a unit of the National Park System; or ``(D) have, or agree to develop, a technology-based distance learning link to the National Park Service; ``(2) be identified for improvement under subsection (c) of section 1116; and ``(3) be a high need local educational agency. ``(f) Criteria.--Grants under this subpart shall be awarded on a competitive basis using criteria established by the Secretary, in collaboration with the Director of the National Park Service. ``(g) Reports by Grantees.--Upon completing the grant period for a grant under this section, the local educational agency receiving the grant shall submit to the Secretary a report that identifies-- ``(1) the number of students participating in the activities described in subsection (c)(1) that were carried out under the grant; ``(2) the achievement attained by those students in mathematics, science, and any other academic areas relevant to the activities carried out under the grant, as measured against benchmarks established by the Secretary, in coordination with the National Park Service; ``(3) the number of educators participating in the activities described in subsection (c)(2) that were carried out under the grant; and ``(4) the professional development received by those educators in mathematics, science, civics, and any other academic areas relevant to the activities carried out under the grant. ``(h) Report by Secretary.--Not later than 3 years after the date of enactment of this section, the Secretary, in coordination with the Director of the National Park Service, shall submit a report to Congress on the implementation of this subpart. The report shall include recommendations on whether and to what extent the program should be continued or expanded.''. (2) Authorization of appropriations.--Section 5401 of that Act (20 U.S.C. 7241) is amended-- (A) by striking ``There are'' and inserting the following: ``(a) In General.--There are''; and (B) by adding at the end the following: ``(b) National Park Ranger School Partnerships.--There is authorized to be appropriated to carry out subpart 22, such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.''. (3) Clerical amendment.--The table of contents in section 2 of that Act (20 U.S.C. 6301 note) is amended by adding after the items relating to subpart 21 of part D of title V the following: ``subpart 22--national park ranger school partnerships ``Sec. 5621. Program authorized.''. (b) National Park Service Eligibility for Certain Programs.-- (1) Mathematics and science partnerships.--Section 2201(b)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661(b)(1)(B)) is amended-- (A) by redesignating clauses (iii) and (iv) as (iv) and (v), respectively; and (B) by adding after clause (ii) the following: ``(iii) the National Park Service;''. (2) Teaching of traditional american history.--Section 2351(b) of that Act (20 U.S.C. 6721(b)) is amended by adding at the end the following: ``(4) An educational service agency. ``(5) A Federal agency that serves as an educational service provider.''.

Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish the National Park Ranger School Partnerships program authorizing the Secretary of Education to award competitive, three-year grants to local educational agencies (LEAs) to enter into partnerships that include the National Park Service (NPS), and may include nonprofit NPS partners, to provide kindergarten through grade 12 (K-12) students with educational programs and K-12 teachers with professional development emphasizing science, the environment, natural resources, mathematics, civics, and history. Deems LEAs to be eligible for such a grant only if they: (1) have, are capable of, or will develop certain connections to the NPS; (2) have been identified as needing improvement under title I of the ESEA; and (3) are a high-need LEA. Permits: (1) the NPS to participate in the Mathematics and Science Partnerships program that provides training to teachers of such subjects under title II of the ESEA; and (2) educational service agencies, including federal agencies that serve as educational service providers, to partner with LEAs under such title's Teaching American History Grant Program.

A bill to amend the Elementary and Secondary Education Act of 1965 to establish a partnership between the Department of Education and the National Park Service to provide educational opportunities for students and teachers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Exploration Act of 2010''. SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM. (a) Definitions.--In this section: (1) Fund.--The term ``Fund'' means the Geothermal Investment Fund established under subsection (h). (2) Program.--The term ``program'' means the direct loan program for high risk geothermal exploration wells established under this section. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a direct loan program for high risk geothermal exploration wells. (c) Applications.--An applicant that seeks to receive a loan under the program may submit to the Secretary an application for the loan at such time, in such form, and containing such information as the Secretary may prescribe. (d) Project Criteria.-- (1) In general.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall consider-- (A) the potential for unproven geothermal resources that would be explored and developed under a project; (B) the expertise and experience of an applicant in developing geothermal resources; and (C) the importance of the project in meeting the goals of the Department of Energy. (2) Preference.--In selecting applicants for loans under this section to carry out projects under the program, the Secretary shall provide a preference for previously unexplored, underexplored, or unproven geothermal resources in a variety of geologic and geographic settings. (e) Data Sharing.--Data from all exploratory wells that are carried out under the program shall be provided to the Secretary and the Secretary of the Interior for use in mapping national geothermal resources and other uses, including-- (1) subsurface geologic data; (2) metadata; (3) borehole temperature data; and (4) inclusion in the National Geothermal Data System of the Department of Energy. (f) Administration.-- (1) Cost share.-- (A) In general.--The Secretary shall determine the cost share for a loan made under this section. (B) Higher risks.--The Secretary may base the cost share percentage for loans made under this section on a sliding scale, with higher Federal shares awarded to projects with higher risks. (2) Number of wells.--The Secretary shall determine the number of wells for each selected geothermal project for which a loan may be made under this section. (3) Unproductive projects.--The Secretary may grant further delays or dispense with the repayment obligation on a demonstration that a selected geothermal project is unproductive. (g) Loan Repayment.-- (1) Commencement.--The recipient of a loan made under this section for a geothermal facility shall commence repayment of the loan beginning on the earlier of-- (A) the date that is 4 years after the date the loan is made; or (B) the date on which the geothermal facility enters into commercial production. (2) Term.-- (A) In general.--Except as provided in subparagraph (B), the term of a loan made under this section shall be 4 years beginning on the applicable loan repayment commencement date under paragraph (1). (B) Extension.--The Secretary may extend the term of a loan under this section for not more than 4 years. (3) Use of loan repayments.--Amounts repaid on loans made under this section shall be deposited in the Fund. (h) Geothermal Investment Fund.-- (1) Establishment of fund.--There is established in the Treasury of the United States a fund to be known as the ``Geothermal Investment Fund'', to be administered by the Secretary, to be available without fiscal year limitation and not subject to appropriation, to carry out this section. (2) Transfers to fund.--The Fund shall consist of such amounts as are appropriated to the Fund under subsection (j). (3) Prohibition.--Amounts in the Fund may not be made available for any purpose other than a purpose described in paragraph (1). (4) Annual reports.-- (A) In general.--Not later than 60 days after the end of each fiscal year beginning with fiscal year 2011, the Secretary of Energy shall submit to the the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the operation of the Fund during the fiscal year. (B) Contents.--Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures. (iii) Recommendations for additional authorities to fulfill the purpose of the Fund. (iv) A statement of the balance remaining in the Fund at the end of the fiscal year. (i) Guidelines.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop guidelines for the implementation of the program. (j) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2011 through 2020.

Geothermal Exploration Act of 2010 - Requires the Secretary of Energy (Secretary) to: (1) establish a direct loan program for high risk geothermal exploration wells; (2) give preference to loan applicants to carry out projects for previously unexplored, underexplored, or unproven geothermal resources in a variety of geologic and geographic settings; (3) determine the cost shares for such loans, which may provide for higher federal shares for projects with higher risks; and (4) determine the number of wells for each selected geothermal project for which a loan may be made. Requires data from all exploratory wells that are carried out under the program to be provided to the Secretary and the Secretary of the Interior for mapping national geothermal resources and other uses, including subsurface geologic data, metadata, borehole temperature data, and inclusion in the National Geothermal Data System of the Department of Energy (DOE). Sets forth loan repayment and term provisions. Authorizes the Secretary to grant delays or dispense with a repayment obligation on a demonstration that a selected geothermal project is unproductive. Establishes in the Treasury the Geothermal Investment Fund to be administered by the Secretary to carry out this Act.

A bill to promote the mapping and development of United States geothermal resources by establishing a direct loan program for high risk geothermal exploration wells.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tapoco Project Licensing Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) APGI.--The term ``APGI'' means Alcoa Power Generating Inc., its successors and assigns. (2) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (3) Map.--The term ``map'' means the map entitled ``Tapoco Hydroelectric Project, P-2169, Settlement Agreement, Appendix B, Proposed Land Swap Areas, National Park Service and APGI'', numbered TP514, Issue No. 9, and dated June 8, 2004. (4) Park.--The term ``Park'' means Great Smoky Mountains National Park. (5) Project.--The term ``Project'' means the Tapoco Hydroelectric Project, FERC Project No. 2169, including the Chilhowee Dam and Reservoir in the State of Tennessee. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. LAND EXCHANGE. (a) Authorization.-- (1) In general.--Upon the conveyance by APGI of title acceptable to the Secretary of the land identified in paragraph (2), the Secretary shall simultaneously convey to APGI title to the land identified in paragraph (3). (2) Description of land to be conveyed by apgi.--The land to be conveyed by APGI to the Secretary is the approximately 186 acres of land, subject to any encumbrances existing before February 21, 2003-- (A) within the authorized boundary of the Park, located northeast of United States Highway 129 and adjacent to the APGI power line; and (B) as generally depicted on the map as ``Proposed Property Transfer from APGI to National Park Service''. (3) Description of land to be conveyed by the secretary.-- The land to be conveyed by the Secretary to APGI is the approximately 110 acres of land within the Park that is-- (A) adjacent to or flooded by the Chilhowee Reservoir; (B) within the boundary of the Project as of February 21, 2003; and (C) as generally depicted on the map as ``Proposed Property Transfer from National Park Service to APGI''. (b) Minor Adjustments to Conveyed Land.--The Secretary and APGI may mutually agree to make minor boundary or acreage adjustments to the land identified in subsection (a). (c) Opportunity to Mitigate.--If the Secretary determines that all or part of the land to be conveyed to the Secretary under subsection (a)(2) is unsuitable for inclusion in the Park, APGI shall have the opportunity to make the land suitable for inclusion in the Park. (d) Conservation Easement.--The Secretary shall reserve a conservation easement over any land transferred to APGI under subsection (a)(3) that, subject to any terms and conditions imposed by the Commission in any license that the Commission may issue for the Project. The conservation easement shall-- (1) specifically prohibit any development of the land by APGI, other than any development that is necessary for the continued operation and maintenance of the Chilhowee Reservoir; (2) authorize public access to the easement area, subject to National Park Service regulations; and (3) authorize the National Park Service to enforce Park regulations on the land and in and on the waters of Chilhowee Reservoir lying on the land, to the extent not inconsistent with any license condition considered necessary by the Commission. (e) Applicability of Certain Laws.--Section 5(b) of Public Law 90- 401 (16 U.S.C. 460l-22(b)), shall not apply to the land exchange authorized under this section. (f) Reversion.-- (1) In general.--The deed from the Secretary to APGI shall contain a provision that requires the land described in subsection (a)(3) to revert to the United States if-- (A) the Chilhowee Reservoir ceases to exist; or (B) the Commission issues a final order decommissioning the Project from which no further appeal may be taken. (2) Applicable law.--A reversion under this subsection shall not eliminate APGI's responsibility to comply with all applicable provisions of the Federal Power Act (16 U.S.C. 791a et seq.), including regulations. (g) Boundary Adjustment.-- (1) In general.--On completion of the land exchange authorized under this section, the Secretary shall-- (A) adjust the boundary of the Park to include the land described in subsection (a)(2); and (B) administer any acquired land as part of the Park in accordance with applicable law (including regulations). (2) National park service land.--Notwithstanding the exchange of land under this section, the land described in subsection (a)(3) shall remain within the boundary of the Park. (3) Public notice.--The Secretary shall publish in the Federal Register notice of any boundary revision under paragraph (1). SEC. 4. PROJECT LICENSING. Notwithstanding the continued inclusion of the land described in section 3(a)(3) in the boundary of the Park (including any modification made pursuant to section 3(b)) on completion of the land exchange, the Commission shall have jurisdiction to license the Project. SEC. 5. LAND ACQUISITION. (a) In General.--The Secretary or the Secretary of Agriculture may acquire, from willing owners only, by purchase, donation, or exchange, any land or interest in land that-- (1) may be transferred by APGI to any nongovernmental organization; and (2) is identified as ``Permanent Easement'' or ``Term Easement'' on the map entitled ``Tapoco Hydroelectric Project, P-2169, Settlement Agreement, Appendix B, Proposed Land Conveyances in Tennessee'', numbered TP616, Issue No. 15, and dated March 11, 2004. (b) Land Acquired by the Secretary of the Interior.--The Secretary shall-- (1) adjust the boundary of the Park to include any land or interest in land acquired by the Secretary under subsection (a); (2) administer any acquired land or interest in land as part of the Park in accordance with applicable law (including regulations); and (3) publish notice of the adjustment in the Federal Register. (c) Land Acquired by the Secretary of Agriculture.-- (1) Boundary adjustment.--The Secretary of Agriculture shall-- (A) adjust the boundary of the Cherokee National Forest to include any land acquired under subsection (a); (B) administer any acquired land or interest in land as part of the Cherokee National Forest in accordance with applicable law (including regulations); and (C) publish notice of the adjustment in the Federal Register. (2) Management.--The Secretary of Agriculture shall evaluate the feasibility of managing any land acquired by the Secretary of Agriculture under subsection (a) in a manner that retains the primitive, back-country character of the land. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Tapoco Project Licensing Act of 2004 - (Sec. 1) Instructs the Secretary of the Interior to engage in a specified simultaneous land exchange with the Alcoa Power Generating Inc. (APGI). (Sec. 3) Identifies the land within the Great Smoky Mountains National Park to be conveyed by APGI. Identifies the land to be conveyed by the Secretary as: (1) adjacent to or flooded by the Chilhowee Reservoir; and (2) within the boundary of the Tapoco Hydroelectric Project as of February 21, 2003. Prescribes procedural requirements, including: (1) reservation of a conservation easement over any land conveyed to APGI; and (2) reversion of title to the United States if the Chilhowee Reservoir ceases to exist, or the Federal Energy Regulatory Commission (FERC) issues a final order decommissioning the Tapoco Project from which no further appeal may be taken. (Sec. 4) Grants FERC jurisdiction to license the Tapoco Project upon completion of the land exchange. (Sec. 5) Authorizes the Secretary of the Interior or the Secretary of Agriculture to acquire for the United States any land or interest in land, including specified easements, that may be transferred by APGI to a nongovernmental organization pursuant to a specified Settlement Agreement. Sets forth boundary adjustment procedures. Directs the Secretary of Agriculture to evaluate the feasibility of managing specified land acquired by the Secretary of Agriculture in a manner that retains the primitive, back-country character of the land. (Sec. 6) Authorizes appropriations.

To authorize and facilitate hydroelectric power licensing of the Tapoco Project, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Communications Privacy Act''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE. Congress finds the following: (1) The Electronic Communications Privacy Act of 1986 (Public Law 99-508; 100 Stat. 1848) (referred to in this section as ``ECPA'') was intended to protect the privacy of electronic communications stored with providers of electronic communications services and remote computing services, while balancing the legitimate needs of law enforcement to access records stored by such providers. (2) To strike this balance, ECPA authorized governmental entities to obtain certain categories of communications data from providers using established, pre-existing forms of process warrants and subpoenas. It also created a new form of court order, in section 2703(d) of title 18, United States Code, that governmental entities could use to obtain additional types of communications data. (3) Congress recognizes the legitimate needs of law enforcement agencies in the United States to obtain, through lawful process, electronic communications relevant to criminal investigations, as well as the privacy interests of citizens of foreign countries. Therefore, where the Government seeks to obtain the contents of electronic communications of foreign citizens located outside of the United States, this Act authorizes the use of search warrants only if the foreign government does not have a Law Enforcement Cooperation Agreement with the United States or, if it does have such a Law Enforcement Cooperation Agreement, the foreign government does not object to disclosure. SEC. 3. EXTENSION AND CLARIFICATION OF WARRANT REQUIREMENT. (a) In General.--Chapter 121 of title 18, United States Code, is amended-- (1) in section 2702(a), by amending paragraph (3) to read as follows: ``(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge to any governmental entity the contents of any communication described in section 2703(a), or any record or other information pertaining to a subscriber or customer of such service.''; (2) in section 2703-- (A) by striking subsections (a) and (b) and inserting the following: ``(a) Contents of Wire or Electronic Communication in Electronic Storage.--A governmental entity may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage with or otherwise stored, held, or maintained by the provider, regardless of where such contents may be in electronic storage or otherwise stored, held, or maintained, only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction. An application for a warrant under this section shall include a full and complete statement of the facts and circumstances relied upon and the investigative steps taken to ascertain the nationality and location of the subscriber or customer whose contents are sought by the warrant. Any such warrant may be used to require the disclosure of contents of a wire or electronic communication only if the court finds that-- ``(1) the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose contents are sought; and ``(2) at the time the warrant application is made-- ``(A) there are reasonable grounds to believe that the subscriber or customer whose contents are sought by the warrant is-- ``(i) a United States person; ``(ii) physically located within the United States; ``(iii) a national of or located in a foreign country or countries where any of those countries has an applicable Law Enforcement Cooperation Agreement with the United States (or in the case where the warrant application is made on behalf of a foreign government pursuant to a Law Enforcement Cooperation Agreement with the United States, any of those countries has an applicable Law Enforcement Cooperation Agreement with the requesting foreign government) and the Central Authority for each such country with such a Law Enforcement Cooperation Agreement provides written certification that the disclosure may be had or does not object to the disclosure within 60 days after formal submission of a request for such certification; or ``(iv) a national of and located in a foreign country or countries where none of those countries have an applicable Law Enforcement Cooperation Agreement with the United States (or in the case where the warrant application is made on behalf of a foreign government pursuant to a Law Enforcement Cooperation Agreement with the United States, none of those countries have an applicable Law Enforcement Cooperation Agreement with the requesting foreign government); or ``(B) there are no reasonable grounds on which to base a belief as to either the nationality or the location of the subscriber or customer whose contents are sought. ``(b) Warrant Requirements.--Upon a motion made promptly by the service provider, a court issuing a warrant under this section shall modify or vacate such warrant if-- ``(1) the court finds that the warrant does not meet the requirements of this section or is otherwise unlawful; or ``(2) the service provider presents additional information about the subscriber's or customer's physical location, status as a United States person, or status as a national of a foreign country that would cause the court to find that the warrant application would not comply with the requirements of this section.''; (B) in subsection (d), in the first sentence-- (i) by striking ``(b) or''; (ii) by striking ``the contents of a wire or electronic communication, or''; and (iii) by striking ``sought, are'' and inserting ``sought are''; and (C) by adding at the end the following: ``(h) Rule of Construction.--Nothing in this section or in section 2702 shall be construed to limit the authority of a governmental entity to use an administrative subpoena authorized under a Federal or State statute or to use a Federal or State grand jury, trial, or civil discovery subpoena to-- ``(1) require an originator, addressee, or intended recipient of an electronic communication to disclose the contents of the electronic communication to the governmental entity; or ``(2) require an entity that provides electronic communication services to the officers, directors, employees, or agents of the entity (for the purpose of carrying out their duties) to disclose the contents of an electronic communication to or from an officer, director, employee, or agent of the entity to a governmental entity, if the electronic communication is held, stored, or maintained on an electronic communications system owned or operated by the entity.''; (3) in section 2704(a)(1), by striking ``section 2703(b)(2)'' and inserting ``section 2703''; and (4) in section 2711-- (A) in paragraph (3)(B) by striking ``warrants; and'' and inserting ``warrants;''; (B) in paragraph (4) by striking ``thereof.'' and inserting ``thereof;''; and (C) by adding at the end the following: ``(5) the term `United States person' means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); ``(6) the term `Law Enforcement Cooperation Agreement' means-- ``(A) a mutual legal assistance treaty, mutual legal assistance agreement, adherence to the Convention on Cybercrime, signed November 21, 2001; or ``(B) an executive agreement or treaty between the United States and one or more countries designed to establish a reciprocal process for notifying and obtaining the consent of the other country or countries in order to obtain the contents of electronic communication pursuant to section 2703(a)(1)(A)(iii), provided that the Attorney General shall maintain a list of countries with which the United States has such agreements and shall submit such list, as and when amended, to the Committees on the Judiciary and Foreign Relations of the United States Senate and the Committees on the Judiciary and Foreign Affairs of the United States House of Representatives, and shall make it available to the public; ``(7) the term `Central Authority' means the agency, department, office, or authority of a country responsible for administering a particular Law Enforcement Cooperation Agreement between that country and another; and ``(8) the term `national of a foreign country' means a citizen, a lawful resident, or an entity organized under the laws of a foreign jurisdiction.''. (b) Rule of Construction.--Nothing in this Act or the amendments made by this Act shall be construed to expand the investigative authority of any governmental entity. SEC. 4. MUTUAL LEGAL ASSISTANCE TREATY REFORMS. (a) Mutual Legal Assistance Treaty Transparency and Efficiency.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall establish-- (A) a form for use by a foreign government filing a mutual legal assistance treaty request (referred to in this section as an ``MLAT request''), which shall-- (i) be made available on the website of the Department of Justice; and (ii) require sufficient information and be susceptible for use by a foreign government to provide all the information necessary for the MLAT request; (B) an online docketing system for all MLAT requests, which shall allow a foreign government to track the status of an MLAT request filed by the foreign government; and (C) a process through which certified approval may be sought for disclosure pursuant to warrants issued under section 2703(a). (2) Annual publication.--Beginning not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish on the website of the Department of Justice statistics on-- (A)(i) the number of MLAT requests made by the Department of Justice to foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and (ii) the average length of time taken by foreign governments to process the MLAT requests described in clause (i); and (B)(i) the number of MLAT requests made to the Department of Justice by foreign governments for the purpose of obtaining the contents of an electronic communication or other information or records from a provider of electronic communications or remote computing services; and (ii) the average length of time taken by the Department of Justice to process the MLAT requests described in clause (i). (3) Notice to department of state.--The Attorney General shall notify the Secretary of State not later than 7 days after the date on which disclosure of electronic communications content to a foreign government is made pursuant to an MLAT request. (b) Preservation of Records.--The Attorney General may issue a request pursuant to section 2703(f) of title 18, United States Code, upon receipt of an MLAT request that appears to be facially valid. (c) Notification to Provider of MLAT Request.--When the Attorney General makes use of the process provided in section 2703 of title 18, United States Code, to obtain information from an electronic communications provider or a remote computing provider based on an MLAT request, the Attorney General shall notify that provider in writing that the request has been made pursuant to a mutual legal assistance treaty. SEC. 5. SENSE OF CONGRESS. It is the sense of Congress that-- (1) data localization requirements imposed by foreign governments on data providers are-- (A) incompatible with the borderless nature of the Internet; (B) an impediment to online innovation; and (C) unnecessary to meet the needs of law enforcement; and (2) the Department of Justice, the Department of State, and the United States Trade Representatives should pursue open data flow policies with foreign nations.

International Communications Privacy Act This bill amends the federal criminal code by allowing a governmental entity to require providers of electronic communication services or remote computing services to disclose the contents of communications in electronic storage (e.g., the cloud), regardless of where those communications are located. Thus, a governmental entity may obtain a warrant for electronic communications stored outside of the United States if certain conditions for obtaining the warrant are met. The bill allows a governmental entity to obtain those communications only if a court finds that the governmental entity has taken all reasonable steps to establish the nationality and location of the subscriber or customer whose communications are sought and that there are reasonable grounds to believe that such subscriber or customer is a U.S. person, a person physically located within the United States, or a national of a foreign country that has a law enforcement cooperation agreement with the United States. The Department of Justice must: (1) establish a process for foreign governments to file mutual legal assistance treaty requests for obtaining access to electronic communications, and (2) publish annually information concerning those requests.

International Communications Privacy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Repairing Our Aging Roads Act''. SEC. 2. TRANSPORTATION BONDS AND TRUST FUNDS. (a) Authority To Issue Transportation Bonds.--Section 3102 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(f) Transportation Bonds.-- ``(1) In general.--The Secretary is authorized to issue bonds under this section, to be known as `Transportation Bonds'. Transportation Bonds shall be issued for each of the 50 States and shall be separately identified with respect to each State. ``(2) Limitation.--The aggregate amount of Transportation Bonds issued with respect to each State shall not exceed $2,000,000,000. ``(3) Form.--Except as provided in paragraph (3), the bonds authorized by paragraph (1) shall be in such form and denominations, and shall be subject to such terms and conditions of issue, conversion, redemption, maturation, payment, and rate of interest as the Secretary may prescribe. ``(4) Maximum rate of interest.--The rate of interest on any bond authorized by paragraph (1) shall not exceed the rate of interest which is 0.25 percentage points less than the rate of interest which would apply with respect to an otherwise substantially identical bond authorized under subsection (a).''. (b) Transportation Trust Funds.-- (1) Establishment of trust funds.--There is established in the Treasury of the United States 50 separate trust funds, consisting of such amounts as may be appropriated, credited, or transferred to each such trust fund as provided in this section or other provision of law. Such trust funds shall be established with respect to each of the 50 States and each shall be known as the ``State Transportation Trust Fund'' (where the name of the corresponding State is substituted for ``State''). For purposes of this subsection, any reference to ``each State Transportation Trust Fund'' shall be treated as a reference to each of the 50 trust funds established under this paragraph. (2) Transfers to trust funds.--There are hereby appropriated to each State Transportation Trust Fund amounts equivalent to all revenues derived from the sale and issuance of Transportation Bonds issued under section 3102 of title 31, United States Code, with respect to the corresponding State. (3) Expenditures from trust funds.--Amounts in each State Transportation Trust Fund shall be available, without need of further appropriation, for monthly disbursement to the corresponding State with respect to such Trust Fund. Such monthly disbursements shall be used by the corresponding State only for purposes of making expenditures to construct or improve transportation infrastructure in the corresponding State. (c) Prevention of State Participation in Transportation Bonds Program.-- (1) In general.--The Secretary of the Treasury shall not issue any Transportation Bond under section 3102(f) of title 31, United States Code, as added by subsection (a), to any State or political subdivision thereof. (2) Denial of state benefit from indirect acquisitions.-- Appropriations to any State Transportation Trust Fund under subsection (b)(2) shall be reduced by the amount of any revenues derived from the sale or issuance of any Transportation Bond to any person if such bond was acquired by such person with funds provided directly or indirectly by any State or political subdivision thereof. SEC. 3. OFFSETTING REDUCTION IN DISCRETIONARY SPENDING. (a) Calculation.--On the last day of the first quarter during which Transportation Bonds are issued under section 3102(f) of title 31, United States Code (as added by subsection (a)), and on the last day of each quarter thereafter, the Secretary of the Treasury shall calculate the dollar amount of bonds issued during any such quarter. (b) Rescission.--On the first day of the quarter immediately following any quarter with respect to which a calculation is made under subsection (a), there is hereby rescinded an amount equal to the calculated dollar amount of-- (1) the budget authority provided for any discretionary account in any appropriation Act for the fiscal year in which such first day occurs; and (2) the budget authority provided in any advance appropriation for any discretionary account in any prior year appropriation Act. (c) Proportionate Application.--Any rescission made by subsection (b) shall be applied proportionately-- (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).

Repairing Our Aging Roads Act - Authorizes the Secretary of Transportation (DOT) to issue Transportation Bonds in the aggregate of up to $2 billion to each state for transportation infrastructure projects. Establishes in the Treasury 50 separate State Transportation Trust Funds consisting of amounts derived from the sale and issuance of Transportation Bonds to construct or improve state transportation infrastructure. Requires an offsetting reduction, equal to the dollar amount of bonds issued, in any discretionary account in any appropriation Act.

Repairing Our Aging Roads Act

SECTION 1. INCREASED PERSONNEL FOR INVESTIGATING AND COMBATING ALIEN SMUGGLING. The Attorney General in each of the fiscal years 2001, 2002, 2003, 2004, and 2005 shall increase the number of positions for full-time, active duty investigators or other enforcement personnel within the Immigration and Naturalization Service who are assigned to combating alien smuggling by not less than 50 positions above the number of such positions for which funds were allotted for the preceding fiscal year. SEC. 2. INCREASING CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING. (a) In General.--Subject to subsection (b), pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall promulgate sentencing guidelines or amend existing sentencing guidelines for smuggling, transporting, harboring, or inducing aliens under sections 274(a)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as to-- (1) double the minimum term of imprisonment under that section for offenses involving the smuggling, transporting, harboring, or inducing of-- (A) 1 to 5 aliens from 10 months to 20 months; (B) 6 to 24 aliens from 18 months to 36 months; (C) 25 to 100 aliens from 27 months to 54 months; and (D) 101 aliens or more from 37 months to 74 months; (2) increase the minimum level of fines for each of the offenses described in subparagraphs (A) through (D) of paragraph (1) to the greater of the current minimum level or twice the amount the defendant received or expected to receive as compensation for the illegal activity; and (3) increase by at least two offense levels above the applicable enhancement in effect on the date of the enactment of this Act the sentencing enhancements for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury, serious injury, permanent or life threatening injury, or death. (b) Exceptions.--Subsection (a) shall not apply to an offense that-- (1) was committed other than for profit; or (2) involved the smuggling, transporting, or harboring only of the defendant's spouse or child (or both the defendant's spouse and child). SEC. 3. ELIMINATION OF PENALTY ON PERSONS RENDERING EMERGENCY ASSISTANCE. (a) In General.--Section 274(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end the following: ``(C) In no case may any penalty for a violation of subparagraph (A) be imposed on any person based on actions taken by the person to render emergency assistance to an alien found physically present in the United States in life threatening circumstances.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 90 days after the date of the enactment of this Act, and shall apply to offenses committed after the termination of such 90-day period. SEC. 4. AMENDMENTS TO SENTENCING GUIDELINES REGARDING THE EFFECT OF PROSECUTORIAL POLICIES. In the exercise of its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend the Federal sentencing guidelines to include the following: ``Sec. 5H1.14. Plea bargaining and other prosecutorial policies. ``Plea bargaining and other prosecutorial policies, and differences in those policies among different districts, are not a ground for imposing a sentence outside the applicable guidelines range.''. SEC. 5. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED. (a) In General.--Section 924(c)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A)-- (A) by inserting after ``device)'' the following: ``or any violation of section 274(a)(1)(A) of the Immigration and Nationality Act''; and (B) by striking ``or drug trafficking crime--'' and inserting ``, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act--''; and (2) in subparagraph (D)(ii), by striking ``or drug trafficking crime'' and inserting ``, drug trafficking crime, or violation of section 274(a)(1)(A) of the Immigration and Nationality Act''. (b) Effective Date.--The amendments made by subsection (a) shall take effect 90 days after the date of the enactment of this Act, and shall apply to offenses committed after the termination of such 90-day period. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to funds otherwise available for such purpose, there are authorized to be appropriated to the Immigration and Naturalization Service of the Department of Justice such sums as may be necessary to carry out section 1 and to cover the operating expenses of the Service and the Department in conducting undercover investigations of alien smuggling activities and in prosecuting violations of section 274(a)(1)(A) of the Immigration and Nationality Act (relating to alien smuggling), resulting from the increase in personnel under section 1. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) are authorized to remain available until expended. SEC. 7. ALIEN SMUGGLING DEFINED. In sections 1 and 6, the term ``alien smuggling'' means any act prohibited by paragraph (1) or (2) of section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)). Passed the House of Representatives October 3, 2000. Attest: Clerk.

(Sec. 2) Directs the United States Sentencing Commission to promulgate revised sentencing guidelines for alien smuggling-related activities so as to: (1) double specified minimum prison terms for smuggling, transporting, harboring, or inducement; (2) increase minimum fines; and (3) increase by at least two offense levels sentencing for intentionally or recklessly creating a substantial risk of serious bodily injury or causing bodily injury or death. Exempts from such provisions offenses: (1) committed other than for profit; or (2) involving a defendant's spouse, child, or both. (Sec. 3) Amends the Immigration and Nationality Act (Act) to exempt from specified alien smuggling or harboring criminal penalties persons rendering life threatening emergency assistance to an alien in the United States. (Sec. 4) Directs the Commission to revise Federal sentencing guidelines to provide that plea bargaining and other prosecutorial policies, and district policy differences, are not a ground for sentence imposition outside applicable guidelines. (Sec. 5) Amends Federal criminal law to subject specified alien smuggling and harboring crimes under the Act committed by an armed person to enhanced penalties. (Sec. 6) Authorizes Service appropriations for alien smuggling-related undercover and enforcement activities. (Sec. 7) Defines alien smuggling for certain purposes of this Act.

To amend section 274 of the Immigration and Nationality Act to impose mandatory minimum sentences, and increase certain sentences, for bringing in and harboring certain aliens and to amend title 18, United States Code, to provide enhanced penalties for persons committing such offenses while armed.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The estimated veteran population of the Nation is 22,328,000. (2) Nearly 30 percent of veterans live in rural areas, with younger veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom more likely than other veterans to live in rural areas. (3) Veterans living in rural areas are reported to be in poorer health than veterans living in urban areas. (4) Veterans living in rural areas often need to travel extremely long distances to receive medical care and the other services to which they are entitled. (5) The medical facilities of the Department of Veterans Affairs include 821 community-based outpatient clinics, 300 veterans centers, and 152 hospitals. (6) Rural veterans represent 41 percent of the total number of veterans enrolled in the Department of Veterans Affairs patient enrollment system under section 1705 of title 38, United States Code. (7) A higher percentage of veterans residing in rural areas reported having at least one disability compared with veterans residing in urban areas. (8) Each year more than 150,000 members of the Armed Forces are discharged or separated from service in the Armed Forces and transition to veteran status. (9) Navigating the transition from the health care system of Department of Defense to the health care system of the Department of Veterans Affairs involves the coordination of data and information between Department of Defense and the Department of Veterans Affairs. (10) It is important to develop electronic health records that can be accessed by both the Department of Defense and the Department of Veterans Affairs whether a patient is a member of the Armed Forces or a veteran to ensure the greater availability of health care information for members of the Armed Forces and veterans. SEC. 2. TRANSPORTATION GRANTS FOR RURAL VETERANS SERVICE ORGANIZATIONS. (a) Grants Authorized.-- (1) In general.--The Secretary of Veterans Affairs shall establish a grant program to provide innovative transportation options to veterans in highly rural areas. (2) Use of funds.--Grants awarded under this section may be used by State veterans service agencies and veterans service organizations to-- (A) assist veterans in highly rural areas to travel to Department of Veterans Affairs medical centers; and (B) otherwise assist in providing medical care to veterans in highly rural areas. (3) Maximum amount.--The amount of a grant under this section may not exceed $50,000. (4) No matching requirement.--The recipient of a grant under this section may not be required to provide matching funds as a condition for receiving such grant. (5) Recovery of unused grant funds.--If a recipient of a grant does not use the full amount of funds received under this section by not later than September 30 of the fiscal year in which such grant was awarded, the United States shall be entitled to recover from such recipient the total of all unused grant amounts made under this section to such recipient. (b) Regulations.--The Secretary shall prescribe regulations for-- (1) evaluating grant applications under this section; and (2) otherwise administering the program established by this section. (c) Reports.--Not later than February 1 of each year, the Secretary shall submit to Congress a report containing information related to each grant awarded under this section during the preceding year, including-- (1) the name of the grant recipient; and (2) the amount of the grant. (d) Veterans Service Organization Definition.--In this section, the term ``veterans service organization'' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 3. OUTREACH REQUIREMENT. (a) Outreach Required.--The Secretary of Veterans Affairs shall conduct outreach, including under chapter 63 of title 38, United States Code, to educate veterans and their family members about the availability of transportation to assist veterans living in rural areas in traveling to Department of Veterans Affairs medical facilities, including transportation available pursuant to a grant made under section 2. (b) Outreach Defined.--In this section, the term ``outreach'' shall have the meaning given such term in section 6301(b)(1) of title 38, United States Code. SEC. 4. PILOT PROGRAM FOR THE IMPLEMENTATION OF ELECTRONIC HEALTH RECORD SYSTEMS OR CAPABILITIES AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITIES LOCATED IN RURAL AREAS. (a) Pilot Program.--The Secretary of Veterans Affairs, in cooperation with the Secretary of Defense, shall carry out a pilot program under section 1635(f) of the National Defense Authorization Act of Fiscal Year 2008 (Public Law 110-181; 122 Stat. 462; 10 U.S.C. 1071 note) at Department of Veterans Affairs medical facilities located in rural areas and selected by the Secretary. Such pilot program shall be designed to-- (1) implement at such medical facilities electronic health record systems or capabilities that allow for full interoperability of personal health care information between the Department of Defense and the Department of Veterans Affairs; (2) ensure that veterans served by such medical facilities are afforded the technological advances to improve the quality of health care they receive; (3) provide physicians and other personnel at such medical facilities with access to the complete personal health care information of members of the Armed Forces who are discharged or released from service in the Armed Forces; and (4) increase the accessibility, efficiency, and use of electronic health records at such facilities to meet improved health care needs. (b) Selection of Medical Facilities.--The Secretary of Veterans Affairs, in cooperation with the Secretary of Defense, shall select Department of Veterans Affairs medical facilities at which to carry out the pilot program under this section. Such facilities shall be located in rural areas where the population rate of veterans exceeds six percent. (c) Reports.--Not later than April 1 of each year, the Secretary of Veterans Affairs shall submit to Congress a report on the pilot program under this section. Each such report shall include-- (1) an evaluation of best practices relating to furnishing health care to veterans residing in rural areas; (2) an evaluation of the education and training provided to physicians and other personnel at medical facilities participating in the pilot program; and (3) an evaluation of the health care provided to veterans residing in rural areas.

Directs the Secretary of Veterans Affairs (VA) to establish a grant program to provide innovative transportation options to veterans in highly rural areas in order to assist such veterans in traveling to VA medical centers for medical care. Requires the Secretary to conduct outreach to educate veterans and their family members about the availability of such transportation. Directs the Secretary to carry out a pilot program, at rural VA medical centers, for the implementation of electronic health record systems that allow for full interoperability of personal health care information between the Department of Defense (DOD) and the VA.

To direct the Secretary of Veterans Affairs to carry out a grant program and pilot program designed to improve the delivery of health care to veterans residing in rural areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Care Act''. SEC. 2. LIFE CARE: PUBLIC INSURANCE PROGRAM FOR NURSING HOME CARE. (a) In General.--The Public Health Service Act (42 U.S.C. 201 et seq.) is amended-- (1) by redesignating title XXVII (42 U.S.C. 300cc et seq.) as title XXVIII; and (2) by inserting after title XXVI the following new title: ``TITLE XXVII--LIFE CARE: PUBLIC INSURANCE PROGRAM FOR NURSING HOME CARE ``SEC. 2701. ESTABLISHMENT OF VOLUNTARY LONG-TERM CARE INSURANCE PROGRAM. ``The Secretary shall establish a voluntary insurance program for individuals 45 years of age and over to cover the nursing home stays of such individuals. ``SEC. 2702. BENEFITS. ``(a) In General.--Subject to subsection (c), an individual who meets the eligibility criteria prescribed in section 2703 shall be eligible under the program established under this title for coverage for necessary services described in subsection (b) (in the amounts described in subsection (c)) that are provided to the individual by a nursing facility while the individual is an inpatient of the facility. ``(b) Types.--Coverage may be provided under this title for-- ``(1) nursing care provided by or under the supervision of a registered professional nurse; ``(2) physical, occupational, or speech therapy furnished by a facility or by others under arrangements with a facility; ``(3) medical social services; ``(4) drug, biological, supply, appliance, and equipment for use in the facility, that is ordinarily furnished by the facility for the care and treatment of an inpatient; ``(5) medical service of an intern or resident-in-training under an approved teaching program of a hospital with which a facility has in effect a transfer agreement or other diagnostic or therapeutic service provided by a hospital with which a facility has in effect a transfer agreement; and ``(6) such other health services necessary to the health of a patient as are generally provided by a nursing home facility. ``(c) Coverage Amount.-- ``(1) In general.--The amount of coverage provided with respect to an eligible individual for the services described in subsection (b) shall, based on an election made by the individual, not exceed $30,000, $60,000, or $90,000 over the lifetime of the eligible individual. Such amounts shall be adjusted by the Secretary to reflect increases in the Consumer Price Index. ``(2) Asset protection.--An eligible individual shall be entitled to the asset protection provided under section 2708. ``(d) Payment.--Amounts provided under this title with respect to an eligible individual for the services described in subsection (b) shall be paid from the general fund of the Treasury of the United States. ``SEC. 2703. ELIGIBILITY. ``(a) In General.--An individual shall be eligible for benefits under this title if-- ``(1) the individual-- ``(A) is a legal resident of the United States and has elected coverage under subsection (c); ``(B) has been determined by a Screening Agency through a screening process (conducted in accordance with section 2707)-- ``(i)(I) to require hands-on or standby assistance, supervision, or cueing (as defined in regulations) to perform three or more activities of daily living; ``(II) to require hands-on or standby assistance, supervision, or cueing with at least such instrumental activity (or activities) of daily living related to cognitive or mental impairment as the Secretary specifies; or ``(III) to display symptoms of one or more serious behavioral problems (that is on a list of such problems specified by the Secretary) which create a need for supervision to prevent harm to self or others; and ``(ii) to require such assistance, supervision, or cueing over a period of at least 100 days; and ``(C) has achieved a score, on a standard mental status protocol (or protocols) appropriate for measuring the individual's particular condition specified by the Secretary, that indicates either severe cognitive impairment or severe mental impairment, or both. ``(2)(A) the individual has filed an application for such benefits, and is in need of, benefits covered under this title; ``(B) the legal guardian of the individual has filed an application on behalf of an individual who is in need of benefits covered under this title; or ``(C) the representative of an individual who is cognitively impaired and who is in need of benefits covered under this title has filed an application on behalf of the individual; and ``(3) receiving nursing home services in a nursing facility would be in the best interest of the individual. ``(b) Current Individuals.--An individual who is in a hospital or nursing home on the date of the enrollment of the individual in the program established under this title shall be ineligible for coverage under this section until the individual's first spell of illness beginning after such date. ``(c) Election of Coverage.-- ``(1) In general.--Subject to this subsection, an individual shall have the option to purchase coverage under this title when the individual is 35 years of age, 45 years of age, 55 years of age, or 65 years of age. ``(2) Initial year.--During the 1-year period beginning on the date of enactment of this title, an individual who is 45 years of age or older shall be eligible to purchase insurance under this title, except that such an individual shall not be eligible to purchase such insurance-- ``(A) while confined to a hospital or nursing home; ``(B) within the 6-month period after the individuals confinement in a nursing home; or ``(C) within the 90-day period after the individuals confinement in a hospital. Individuals described in the matter preceding subparagraph (A) shall become eligible to receive benefits under this title on the expiration of the 3-year period beginning on the date such individuals purchase insurance under this title. ``(3) Extension beyond initial year.--If an individual is confined to a nursing home or hospital during a period that extends beyond the first year after the effective date of this title, an individual shall be eligible to enroll in the program established by this title during the 60-day period beginning after the individual's spell of illness. ``(4) Subsequent years.--During years subsequent to the 1- year period referred to in paragraph (2), an individual shall be eligible to purchase insurance under this title within 6 months of the 45th, 55th or 65th birthday of the individual. ``(5) Activation of benefits.--To receive coverage under the insurance program established by this title, an individual shall have purchased such coverage not later than 1 month prior to admission to a nursing facility, unless the reason for the need of services is a result of an accident or stroke subsequent to the date that such individual enrolled for coverage under this title. ``SEC. 2704. PREMIUM RATES. ``(a) In General.--The Secretary shall determine one premium rate for individuals electing to purchase coverage under this title at age 45 (or between the ages of 45 and 54 during the initial enrollment period), a separate rate for those individuals who elect such coverage at age 55 (or between that ages of 55 and 64 during the initial enrollment period), and a separate rate for those individuals who elect such coverage at age 65 (or at age 65 and over during the initial enrollment period). ``(b) Revision.--The Secretary shall revise premium rates annually to increase such rates to reflect the amount of the increase in the cost of living adjustment with respect to benefits under title II of the Social Security Act. ``(c) Rates.--In developing premium rates under the program established under this title, the Secretary shall establish rates that are expected to cover 100 percent of the estimated costs of nursing home stays for those individuals enrolled in the program. ``(d) Waiver.--An individual electing to purchase coverage under this title shall not be required to pay premiums during any period in which such individual is receiving benefits under this title. ``(e) Payment.--Premiums shall be paid under this section into the general fund of the Treasury of the United States. ``SEC. 2705. QUALIFIED SERVICE PROVIDERS. ``(a) In General.--To be considered as a covered nursing home service under this title, such service must have been provided by a qualified service provider. ``(b) Types.--A provider shall be considered a qualified service provider under this title if the provider is a nursing facility that is certified by the State and meets the requirements of this title and any other standards established by the Secretary by regulation for the safe and efficient provision of services covered under this title. ``SEC. 2706. REIMBURSEMENT. ``(a) Amount.--Monthly reimbursement for nursing facility services under this title shall equal 65 percent of the amount the Secretary determines to be reasonable and appropriate to cover the cost of care provided under this title, taking into account the average cost of providing appropriate care in the most efficient manner. ``(b) Prospective Payment.--To the extent feasible, the Secretary shall establish a prospective payment mechanism for payment for nursing home services under this title that takes into account the expected resource utilization of individual patients based on their degree of disability and other factors determining service requirements. ``(c) Room and Board Payment.--An individual receiving benefits under this program shall be responsible for the payment of an amount for room and board that is equal to-- ``(1) with respect to the initial 6 months of confinement to a nursing facility, 20 percent of the average per diem rate paid by the Secretary to nursing facilities receiving reimbursement under this title; and ``(2) with respect to subsequent periods of confinement, 35 percent of the average per diem rate paid by the Secretary to nursing facilities receiving reimbursement under this title. ``(d) Priority Payers.--Notwithstanding any other provision of this title, reimbursement for nursing facility services provided under this title to an individual shall, to the extent available, be made under the Medicare program, under Department of Veterans Affairs' programs, or under private insurance policies prior to reimbursement under this title. ``SEC. 2707. LONG-TERM CARE SCREENING AGENCY. ``(a) Establishment.--The Secretary shall contract with entities to act as Long-Term Care Screening Agencies (hereafter referred to in this title as the `Screening Agency') for each designated area of a State. It shall be the responsibility of such agency to assess the eligibility of individuals residing in the geographic jurisdiction of the Agency, for services provided under this title according to the requirements of this title and regulations prescribed by the Secretary. In entering into such contracts, the Secretary shall give preference to State governmental entities. ``(b) Eligibility.--The Screening Agency shall determine the eligibility of an individual under this title based on the results of a preliminary telephone interview or written questionnaire (completed by the applicant, by the caregiver of the applicant, or by the legal guardian or representative of the applicant) that shall be validated through the use of a screening tool administered in person to each applicant determined eligible through initial telephone or written questionnaire interviews not later than 15 days from the date on which such individual initially applied for services under this title. ``(c) Questionnaires and Screening Tools.-- ``(1) In general.--The Secretary shall establish a telephone or written questionnaire and a screening tool to be used by the Screening Agency to determine the eligibility of an individual for services under this title consistent with requirements of this title and the standards established by the Secretary by regulation. ``(2) Questionnaires.--The questionnaire shall include questions about the functional impairment, mental status, and living arrangement of an individual and other criteria that the Secretary shall prescribe by regulation. ``(3) Screening tools.--The screening tool should measure functional impairment caused by physical or cognitive conditions as well as information concerning cognition disability, behavioral problems (such as wandering or abusive and aggressive behavior), the living arrangement of an individual, availability of caregivers, and any other criteria that the Secretary shall prescribe by regulation. The screening tool shall be administered in person. ``(d) Notification.--Not later than 15 days after the date on which an individual initially applied for services under this title (by telephone or written questionnaire), the Screening Agency shall notify such individual that such individual is not eligible for benefits, or that such individuals must schedule an in-person screening to determine final eligibility for benefits under this title. The Screening Agency shall notify such individual of its final decision not later than 2 working days after the in-person screening. ``(e) In-Person Screening.--An individual (or the legal guardian or representative of such individual) whose application for benefits under this title is denied on the basis of information provided through a telephone or written questionnaire, shall be notified of such individual's right to an in-person screening by a nurse or appropriate health care professionals. ``(f) Appeals.--The Secretary shall establish a mechanism for hearings and appeals in cases in which individuals contest the eligibility findings of the Screening Agency. ``SEC. 2708. RELATION TO TITLE XIX OF THE SOCIAL SECURITY ACT; ASSET PROTECTION. ``Notwithstanding any other provision of law, the assets an eligible individual may retain and continue to be determined eligible for nursing facility benefits under State Medicaid programs (in accordance with section 1902(a)(10)) shall be increased by the amount of coverage ($30,000, $60,000, or $90,000) elected under section 2702. ``SEC. 2709. RELATION TO PRIVATE INSURANCE. ``(a) In General.--Except as provided in subsection (b), an insurer may not offer a health insurance policy to an individual covered under this title if the coverage under such policy duplicates the coverage provided under this title. ``(b) Development of Standard Packages.--The Secretary shall develop standard health insurance benefits packages that insurers may offer to individuals receiving benefits under this title. Such packages shall provide coverage for benefits that compliment, but do not duplicate, those covered under this title. ``SEC. 2710. DEFINITIONS. ``As used in this title: ``(1) Activity of daily living.--The term `activity of daily living' includes: ``(A) Bathing.--Getting water and cleansing the whole body, including turning on the water for a bath, shower, or sponge bath, getting to, in, and out of a tub or shower, and washing and drying oneself; ``(B) Dressing.--Getting clothes from closets and drawers and then getting dressed, including putting on braces or other devices and fastening buttons, zippers, snaps, or other closures, selecting appropriate attire, and dressing in the proper order; ``(C) Toileting.--Going to a bathroom for bowel and bladder function, transferring on and off the toilet, cleaning after elimination, and arranging clothes; ``(D) Transferring.--Moving in and out of bed and in and out of a chair or wheelchair; or ``(E) Eating.--Transferring food from a plate or its equivalent into the body, including cutting food so as to make possible safe ingestion. ``(2) Nursing facility.--The term `nursing facility' means-- ``(A) a skilled nursing facility (as defined in section 1819(a) of the Social Security Act); or ``(B) a facility that is a nursing facility (as defined in section 1919(a) of such Act) which meets the requirements of section 1819(b)(4)(C) of such Act (relating to nursing care). ``(3) Spell of illness.--The term `spell of illness' means a period of consecutive days beginning with the first day on which an individual is furnished services as an inpatient in a hospital or nursing facility and ending with the close of the first 6 consecutive months thereafter during which the individual is no longer an inpatient of a nursing facility, or 90 days after the individual is no longer an inpatient in a hospital.''. (b) Conforming Amendments.-- (1) Sections 2701 through 2714 of the Public Health Service Act (42 U.S.C. 300cc through 300cc-15) are redesignated as sections 2801 through 2814, respectively. (2) Sections 465(f) and 497 of such Act (42 U.S.C. 286(f) and 289(f)) are amended by striking out ``2701'' each place that such appears and inserting in lieu thereof ``2801''.

Life Care Act - Amends the Public Health Service Act to add a new title, title XXVII: Life Care: Public Insurance Program for Nursing Home Care. Directs the Secretary of Health and Human Services, under such new title, to establish a voluntary insurance program for individuals 45 years of age and over to cover the nursing home stays of such individuals. Sets forth provisions of the program concerning: (1) benefits; (2) eligibility; (3) premiums; (4) providers; and (5) reimbursement to nursing homes. Directs the Secretary to contract with entities to act as Long-Term Care Screening Agencies which shall assess the eligibility of individuals for services under the new title.

Life Care Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Weather Service Modernization Performance Review Act of 1994''. SEC. 2. FINDINGS. Congress finds that-- (1) the safety and welfare of the public depends on the provision of accurate and timely weather information; (2) in general, the National Implementation Plan for modernization of the National Weather Service required under the Weather Service Modernization Act provides a cost effective approach to initiation of weather service modernization; (3) some geographic areas, including northern Alabama, north central, northeastern, and southwestern Indiana, southeastern Tennessee, southeastern Illinois, northern California, southwestern and northeastern Texas, central Oregon, central Idaho, central Nevada, northwestern Ohio, northern Louisiana, northeastern Iowa, north-central Florida, and northeastern Arizona, may not realize the full benefits of weather service implementation under the plan; and (4) there is a need to ensure, by means of an independent, technical review, that the implementation of the weather service modernization plan at specific sites fully meets the intent of law and does not result in a degradation of existing service, including no reduction in existing weather radar coverage at an elevation of 10,000 feet. SEC. 3. RESPONSIBILITIES OF THE SECRETARY. (a) The Secretary of Commerce (in this Act referred to as the ``Secretary'') shall provide for the public safety by ensuring that the implementation of the National Implementation Plan for the modernization of the National Weather Service required under the Weather Service Modernization Act (in this Act referred to as the ``National Implementation Plan'') does not result in a degradation of service in any specific geographic area, which shall include maintaining radar coverage with no degradation of service for areas served by the National Weather Service system, and also shall provide for radar coverage in some areas which might not otherwise be adequate with respect to specific unique weather phenomena which pose a substantial threat to public safety. (b) Within 60 days after the date of enactment of this Act, and biennially thereafter until 2 years have passed after the implementation of the National Implementation Plan is completed, the Secretary shall publish a notice in the Federal Register soliciting public comment for a period of 60 days on specific geographic areas where there is uncertainty whether such implementation will result in or has resulted in any degradation in service. (c) Within 180 days after the date of enactment of this Act, and within 60 days after the end of each biennial comment period under subsection (b), the Secretary shall enter into an agreement for an independent review, to be completed within 180 days, by the National Research Council of the National Academy of Sciences. Such review shall, for each geographical area identified through a public comment period under subsection (b)-- (1) evaluate any unique or extraordinary weather conditions in the area; (2) consider the proposed NEXRAD radar coverage for the area, particularly to determine if the area is or will be in an area of weak radar coverage; (3) consider the effects of closing any local Weather Service office on local weather service and interaction with local emergency management agencies; and (4) consider the effects of transferring local warning responsibility to a remote Weather Forecast Office, including the effect on issuing weather warnings by that remote office and communicating with emergency management personnel with regard to weather emergencies. (d) The National Research Council shall submit recommendations, including any dissenting views, to the Secretary regarding the need to supplement the National Implementation Plan, revise any specific siting plans, establish radar coverage at altitudes less than 10,000 feet, or improve radar coverage service. (e) Within 60 days after receiving recommendations from the National Research Council under subsection (d), the Secretary shall transmit to the Congress a report containing-- (1) the recommendations of the National Research Council; and (2) the actions the Secretary proposes to take in response to those recommendations. (f) For any area identified through a public comment period under subsection (b), the Secretary shall take no action which may result in a reduction of public safety, including the closure of weather service offices, transfer of responsibilities or duties of those offices, decommissioning of any warning radar, or transfer or reduction in personnel in those offices, until such time as the independent review under subsection (c) is completed and a report with respect to such review is transmitted to the Congress under subsection (e). (g) In carrying out this Act, the Secretary shall consult with the Secretary of Defense and with the Secretary of Transportation with respect to coverage of those Department of Defense radars and Department of Transportation radars, respectively, which supplement the civil system.

Weather Service Modernization Performance Review Act of 1994 - Directs the Secretary of Commerce to: (1) ensure that the implementation of the National Implementation Plan (Plan) for modernization of the National Weather Service does not result in service degradation in any specific geographic area; and (2) provide for an independent review of the Plan by the National Research Council of the National Academy of Sciences.

Weather Service Modernization Performance Review Act of 1994

SECTION 1. AUTHORIZATION OF DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION PROJECTS. (a) Authorized Projects.--The Secretary of Veterans Affairs may carry out the major medical facility leases for the Department of Veterans Affairs for which funds are requested in the budget of the President for fiscal year 1994 and may carry out (or, in the case of the project specified in paragraph (1), participate in) the following major medical facility projects in the amounts specified: (1) Construction in accordance with an agreement between the Secretary of the Air Force and the Secretary of Veterans Affairs of a medical facility at Elmendorf Air Force Base, Anchorage, Alaska, to be shared by the Air Force and the Department of Veterans Affairs, $11,500,000. (2) Construction of a psychiatric building at the Department of Veterans Affairs Medical Center in Lyons, New Jersey, $41,700,000. (3) Modernization and seismic corrections at the Department of Veterans Affairs Medical Center in Memphis, Tennessee, $10,700,000. (4) Construction of a replacement bed building at the Department of Veterans Affairs Medical Center in Muskogee, Oklahoma, $33,200,000. (5) Construction of an outpatient care addition and parking garage at the Department of Veterans Affairs Medical Center in San Juan, Puerto Rico, $46,000,000. (6) Construction, or expansion and modernization, of a 120-bed nursing home facility in the area (referred to as the ``Chesapeake network'') served by the Department of Veterans Affairs medical centers in Baltimore, Maryland; Fort Howard, Maryland; Martinsburg, West Virginia; Perry Point, Maryland; and Washington, District of Columbia, the site for which shall be selected in accordance with subsection (b). (b) Site Selection.--(1) The Secretary, in selecting a site for the project referred to in subsection (a)(6), shall conduct a study to determine the most appropriate location for that facility. In conducting the study, the Secretary shall determine-- (A) what the specific mission of each medical center operated by the Secretary in the Chesapeake network should be to achieve within that network-- (i) effective planning; (ii) reduction in duplication of services and programs in the same geographic area; (iii) realignment of services among facilities within each network; (iv) improved means of resource distribution; and (v) more efficient delivery of needed services; (B) whether there is a need for expansion and modernization of the nursing home care unit at the medical center at Fort Howard, Maryland; and (C) what effect the construction of nursing home beds in Baltimore, Maryland, as proposed in the President's budget for the Department of Veterans Affairs for fiscal year 1994, would have for the missions of each of the other medical centers operated by the Secretary in the Chesapeake network. (2) Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans Affairs of the Senate and House a report on the study under paragraph (1). The Secretary shall include in the report a statement of each determination made by the Secretary under that paragraph. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is hereby authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1994-- (1) $143,100,000 for the major medical facility projects authorized in paragraphs (1) through (5) of section 101(a) and such sums as may be necessary for the project described in section 101(a)(6), but not to exceed $14,500,000 in the case of construction of nursing home beds in Baltimore, Maryland, as proposed in the President's budget for the Department of Veterans Affairs for fiscal year 1994; and (2) $50,123,105 for the major medical facility leases authorized in section 101(a). (b) Limitation.--The projects authorized in section 101 may only be carried out using-- (1) funds appropriated for fiscal year 1994 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects for a fiscal year before fiscal year 1994 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects for fiscal year 1994 for a category of activity not specific to a project. SEC. 3. INCREASE IN AMOUNT OF FACILITY PROJECT THRESHOLD. (a) Section 8104(a)(3)(A) of title 38, United States Code, is amended by striking out ``$2,000,000'' and inserting in lieu thereof ``$3,000,000''. (b) Section 8109(i)(2) of such title is amended by striking out ``$2,000,000'' and inserting in lieu thereof ``$3,000,000''. SEC. 4. INCREASED TERM OF LEASE AUTHORITY RELATING TO PERSHING HALL, FRANCE. Section 403(c)(1) of the Veterans' Benefits Programs Improvement Act of 1991 (36 U.S.C. 493) is amended by striking out ``35 years'' and inserting in lieu thereof ``99 years''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the Secretary of Veterans Affairs to carry out the major medical facility leases for the Department of Veterans Affairs for which funds are requested in the FY 1994 budget. Authorizes the Secretary to carry out certain major medical facility projects in specified amounts. Directs the Secretary, in selecting a site for the construction of a nursing home facility in the Chesapeake network area, to conduct a study (with a report) of the most appropriate location for such facility. Authorizes FY 1994 appropriations to the Secretary for the major medical facilities projects and leases, with limitations. Increases from $2 million to $3 million the threshold amount to be considered a "major medical facility project," as well as the threshold for use of amounts in a certain revolving fund for construction or renovation of a parking facility at a major medical facility. Amends the Veterans' Benefits Programs Improvement Act of 1991 to increase from 35 to 99 years the authority of the Secretary to lease newly constructed or substantially rehabilitated areas of Pershing Hall, France.

An Act to authorize major medical facilitiy projects and leases for the Department of Veterans' Affairs, to revise and extend the authority of the Secretary of Veterans' Affairs to enter into enhanced-use leases, to revise certain authorities relating to Pershing Hall, France, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Democracy in Presidential Debates Act of 1993''. SEC. 2. DEFINITION OF PRESIDENTIAL CANDIDATE DEBATE AND PRESIDENTIAL PRIMARY DEBATE. Section 9002 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraphs: ``(13) The term `Presidential primary debate' means a debate held prior to the first Presidential primary or caucus in which each candidate who receives primary matching funds is mandated to appear and participate in a regulated exchange of questions and answers on political, economic, and other issues. ``(14) The term `Presidential candidate debate' means, with regard to any Presidential election, a debate at which each candidate nominated for election to the office of President by a political party or as an independent candidate meeting the qualifications set forth in this title, appears and participates in a regulated exchange of questions and answers on political, economic, and other issues.'' SEC. 3. PRESIDENTIAL PRIMARY DEBATES. (a) In General.--Chapter 96 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9043. PRESIDENTIAL PRIMARY DEBATE. ``(a) Additional Eligibility Requirements.--In addition to the requirements specified in section 9033, in order to be eligible to receive any payments under section 9037, the candidates for the office of President in a Presidential primary election shall agree in writing-- ``(1) that the Presidential candidate will participate in one Presidential primary debate with the other candidates meeting the criteria set out in this section; ``(2) to participate in such Presidential primary debate, which shall be held on or after January 15 of election year, but at least one week before the first primary or caucus of the election year; ``(3) to participate in one such Presidential primary debate as sponsored by a nonpartisan organization or organizations having no affiliation with any political party. If on December 31 there are 6 or fewer candidates who are obligated to debate or who are eligible and wish to participate, then there should be 1 debate among the 6 or fewer candidates. If on December 31 there are more than 6 candidates obligated or eligible and wishing to participate, then there will be 2 debates, and the candidates would be obligated to participate in exactly 1, of their choice. If this formula should result in 1 of the debates having only 1 participant, then placement should be determined by lot. Each debate under this subsection shall last at least 90 minutes, of which not less than 30 minutes shall be devoted to questions and answers or discussion directly between the candidates, as determined by the sponsor. The sponsor of the debates shall announce the time, location, and format of each debate prior to the first Monday of January of the election year. ``(b) Enforceability.--If the Commission determines that a Presidential candidate who has received payments under section 9037 failed to participate in a primary debate under subsection (a) and was responsible at least in part for such failure, the candidate shall pay to the Secretary of the Treasury an amount equal to the amount of the payments made to such candidate under section 9037. ``(c) Criteria for Eligibility to Participate in Primary Debate.-- In order to be eligible to participate in primary debates, as set out in this section, a candidate must have qualified to receive payments under section 9033 and this section by January 1 of the election year. ``(d) Sponsoring Organizations.--Any sponsoring organization assuming responsibility for organizing the debates provided for in this section shall include in at least 1 debate, each primary candidate who meets the criteria in this section.'' (b) Clerical Amendment.--The table of sections for chapter 96 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9043. Presidential primary debates.'' SEC. 4. PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATE DEBATES. Section 9003 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Presidential and Vice Presidential Candidate Debates.-- ``(1) Agreement to debate.--In addition to meeting the requirements of subsection (a), (b), or (c), in order to be eligible to receive any payments under section 9006, the candidates for the office of President and Vice President in a Presidential election shall agree in writing-- ``(A) that the Presidential candidate will participate in not less than 2 Presidential general election debates with all other candidates meeting the criteria set out in this section; ``(B) to participate in such Presidential debates, 1 of which shall be held in the month of September before the Presidential election and 1 of which shall be held in the month of October at least 2 weeks prior to the election; ``(C) that the Vice Presidential candidate will participate in not less than 1 Vice Presidential general election debate with all other candidates meeting the criteria set out in this section; ``(D) to participate in such debate, which shall be held in the month of October between the 2 Presidential debates; and ``(E) to participate in such Presidential and Vice Presidential debates as sponsored by a nonpartisan organization or organizations having no affiliation with any political party. Each debate under this subsection shall last at least 90 minutes, of which not less than 30 minutes shall be devoted to questions and answers or discussion directly between the candidates, as determined by the sponsor. The sponsor of the debates shall announce the time, location, and format of each debate prior to the first Monday in September before the Presidential election. ``(2) Enforceability.--If the Commission determines that a Presidential or Vice Presidential candidate failed to participate in a general election debate under subsection (a) and was responsible at least in part for such failure, the candidate of the party involved shall pay to the Secretary of the Treasury an amount equal to the amount of the payments made to such candidate under section 9006. ``(3) Criteria for eligibility to participate in general election debates.--In order to be eligible to participate in general election debates, as set out in this section, a candidate must meet the following criteria: ``(A) Ballot qualifications.--Such candidate has qualified for the election ballot as the candidate of a political party or as an independent candidate to the office of President or Vice President in not less than 40 States. ``(B) Financial qualifications.--Such candidate-- ``(i) has qualified to receive payments under section 9033 and this section; or ``(ii) as reported under section 304 of the Federal Election Campaign Act of 1971, has raised not less than $500,000 on or after January 1 of the calendar year immediately preceding the calendar year of the Presidential election. ``(4) Sponsoring organization.--Any sponsoring organization shall include in the general election debates all candidates who meet the criteria in this section.'' SEC. 5. TECHNICAL AMENDMENT. Section 9032(2)(A) of the Internal Revenue Code of 1986 is amended by inserting after ``election,'' the following: ``including, for independent or minor party candidates, initiating petition signature gathering activities to be placed on the ballot for the general election''.

Democracy in Presidential Debates Act of 1993 - Amends the Internal Revenue Code to require as a condition of eligibility to receive payments from the Presidential Election Campaign Fund that presidential candidates agree to participate in at least one primary election debate and two general election debates sponsored by a nonpartisan entity. Requires a corresponding agreement by vice-presidential candidates, but for a minimum of only one general election debate.

Democracy in Presidential Debates Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Day Laborer Fairness and Protection Act''. SEC. 2. DEFINITIONS. In this Act the following definitions apply: (1) Day laborer.--The term ``day laborer'' means an individual who contracts for employment with a day labor service agency. (2) Day labor.--The term ``day labor'' means labor or employment that is occasional or irregular for which an individual is employed for not longer than the time period required to complete the assignment for which the individual was hired and in which wage payments are made directly or indirectly by the day labor service agency or the third party employer for work undertaken by a day laborer pursuant to a contract between the day labor service agency with the third party employer. Day labor does not include labor or employment of a professional or clerical nature. (3) Day labor service agency.--The term ``day labor service agency'' means any person or entity engaged in the business of employing day laborers to provide services to or for any third party employer pursuant to a contract with the day labor service agency and the third party employer. (4) Department.--The term ``Department'' means the Department of Labor. (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) Third party employer.--The term ``third party employer'' means any person or entity that contracts with a day labor service agency for the employment of day laborers. SEC. 3. EQUAL WAGES. (a) Equal Rate.--A day labor service agency shall provide notice of the wage rate expected to be paid by each third party employer using the services of the agency. For a third party employer, such wage rate shall be the rate that is equal to the rate paid to permanent employees of such third party employer who are performing substantially equivalent work, with due consideration given to seniority, experience, skills and qualifications. A day laborer shall be paid by a third party employer not less than the wage rate stated in the notice of the agency for all work performed for the third party employer, including the work contained in the description issued under section 6. (b) Wage Reduction.-- An employer who is paying a wage rate differential in violation of subsection (a) shall not, in order to comply with subsection (a), reduce the wage rate of any employee. (c) Agency Processing Delay.-- (1) In general.--If a day labor service agency expends more than 30 minutes in processing a day laborer's work assignment, the day labor service agency shall pay the day laborer for any additional waiting time at a rate that is not less than the rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 (20 U.S.C. 206) or the applicable State minimum wage law whichever is higher. (2) Limitation.--The time spent in transit to or from the designated work site or to or from the day labor service agency shall not be included in computing processing time. (d) Unpaid Wages.--For purposes of administration and enforcement of this Act, any amounts owing to any employee that have been withheld in violation of subsection (a) shall be deemed to be unpaid minimum wages or unpaid overtime compensation. (e) Enforcement.--Any employer who violates subsection (a) shall be liable to any eligible employee affected for damages equal to-- (1) the amount of any wages, salary, employment benefits, or other compensation denied or lost to such employee by reason of the violation; (2) the interest on the amount described in paragraph (1) calculated at the prevailing rate. (f) Criminal Provision.-- (1) In general.--Any employer or any agent of an employer, who, being able to pay wages, final compensation, or wage supplements and being under a duty to pay, willfully refuses to pay as provided in subsection (a), or falsely denies the amount or validity thereof or that the same is due, with intent to secure for such employer or other person any underpayment of such indebtedness with intent to annoy, harass, oppress, hinder, delay, or defraud the person to whom such indebtedness is due, shall be fined under title 18, United States Code. (2) Continued Violation.--Each day during which any violation of subsection (a) continues shall constitute a separate and distinct offense. (g) Employer Failure To Pay.--Any employer who has been ordered by the Secretary or the court to pay wages due an employee and who fails to do so within 15 days after such order is entered shall be liable to pay a penalty of 10 percent per calendar day to the day laborer for each day of delay in paying such wages to the day laborer up to an amount equal to twice the sum of unpaid wages due the day laborer. (h) Other Wage Issues.-- (1) In general.--At the time of the payment of wages, a day labor service agency shall provide each day laborer with an itemized statement showing in detail each deduction made from the wages. (2) Annual statement.--A day labor service agency shall provide each worker an annual earnings summary within a reasonable time after the preceding calendar year, but in no case later than February 1. A day labor service agency shall, at the time of each wage payment, give notice to day laborers of the availability of the annual earnings summary or post such a notice in a conspicuous place in the public reception area. (3) Payment schedules.--At the request of a day laborer, a day labor service agency shall hold the daily wages of the day laborer and make either weekly or semi-monthly payments. The wages shall be paid in a single check representing the wages earned during the period for which wage payments are to be made, as designated by the day laborer. A day labor service agency that make daily wage payments shall provide written notification to all day laborers of the right to request weekly or semi-monthly checks. The day laborer service agency may provide such notice by conspicuously posting the notice at the location where the wages are received by the day laborers. (4) Check cashing.--A day labor service agency may not charge any day laborer for cashing a check issued by the agency for wages earned by a day laborer who performed work through that agency. (5) Overpayment.--A day laborer shall not be charged fees for overpayment to them by the day labor agency. SEC. 4. RIGHTS OF DAY LABORERS. (a) General Rights.--Any employer, or any agent of an employer, who knowingly discharges or in any other manner knowingly discriminates against any day laborer because that day laborer has-- (1) made a complaint to the day laborer's employer, or to the Secretary or the Secretary's authorized representative, that the day laborer has not been paid in accordance with section 3(a), (2) caused to be instituted any proceeding under or related to this Act, or (3) testified or is about to testify in an investigation or proceeding under this Act, shall be fined under title 18, United States Code. (b) Public Access Area.--Each day labor service agency shall provide adequate seating in the public access area of the offices of the agency. The public access area shall be the location for the employment and wage notices required by this Act. The public access area shall allow for access to restrooms and water. (c) Work Restriction.--No day labor service agency shall restrict the right of a day laborer to accept a permanent position with a third party employer to whom the day laborer has been referred for temporary work or restrict the right of such third party employer to offer such employment to a day laborer. Nothing in this subsection shall restrict a day labor service agency from receiving a placement fee from the third party employer for employing a day laborer for whom a contract for temporary work has been effected by the day labor service agency. SEC. 5. INJURIES. (a) Health Care Expenses.--If a day laborer is injured while working, the employer who has requested the services of such day laborer shall be responsible to pay for the health care costs associated with the injury unless compensation is available under the applicable State workmens' compensation law. (b) Transportation Liability.--A day labor service agency or a third party employer that transports a day laborer to or from a designated work site is liable for any injury to a day laborer arising from any accident that occurs while the day laborer is being transported to or from the work site. SEC. 6. NOTIFICATION REQUIREMENTS. A day labor service agency shall, in the public reception area, post a list of all employers that are seeking day laborers which shall include the following: (1) The name and address of the employer and the address of the work site if different from that of the employer. (2) The type of job opportunity for day laborers. (3) The amount of wages to be paid per hour for the work. (4) Whether transportation is available, the cost of transportation, if any, whether the work site is accessible by public or personal transportation, and the approximate commute time to the work site. A day labor service agency shall, for each job opportunity posted, provide a detailed description of the work which shall include the following: (A) A detailed description of the work to be performed by the day laborer, including any requirements for special attire, accessories, or safety equipment. (B) Whether the day laborer will be charged for using special attire, accessories, or safety equipment. (C) The exact address of the work site and a telephone number at which a day laborer can be reached for emergency purposes. If the location is in a rural area, the notice must also contain directions to the work site. (D) The time of day the work will begin, the time of day the work will end, and the overtime rate of pay. (E) Whether a meal is provided, either by the day labor service agency or the third party employer, and the cost of the meal, if any. The notices required to be posted under this section shall be written in English and any other language that is generally used in the locale of the day labor service agency. SEC. 7. EQUITABLE EXPENSES. (a) Meals.--A day labor service agency or a third party employer shall not charge a day laborer more than the actual cost of providing a meal. In no case shall the purchase of a meal be a condition of employment for a day laborer. (b) Transportation.--A day labor service agency or a third party employer shall charge no more than the actual cost to transport a day laborer to or from the designated work site; except that, the total cost to each day laborer shall not exceed 3 percent of the day laborer's daily wages. Any motor vehicle that is owned or operated by the day labor service agency or a third party employer, or a contractor of either, which is used for the transportation of day laborers shall have proof of financial responsibility as provided for in applicable State insurance laws of the area. (c) Day Laborer Equipment.--For any safety equipment, clothing, accessories, or any other items required by the nature of the work, either by law, custom or as a requirement of the third party employer, the day labor service agency or the third party employer may charge the day laborer the market value of the item temporarily provided to the day laborer by the third party employer if the day laborer fails to return such items to the third party employer or the day labor service agency. For any other equipment, clothing, accessories, or any other items the day labor service agency makes available for purchase, the day laborer shall not be charged more than the actual market value for the item. SEC. 8. AGENCY REGISTRATION. (a) In General.--A day labor service agency shall register with the Secretary in accordance with rules adopted by the Secretary for day labor service agencies and with State departments of labor which require such registration. (b) Fees.--The Secretary may assess each day labor agency a registration fee not exceeding $250. SEC. 9. DEPARTMENT REQUIREMENTS AND RESPONSIBILITIES. (a) In General.--The Secretary shall adopt rules and regulations necessary to implement the provisions of this Act, including provisions for hearings and imposition of penalties for violations of this Act. (b) Posting Requirement.--The Secretary shall cause to be posted in each day labor service agency a notice which informs the public of a toll-free telephone number for day laborers and the public to file wage dispute complaints and other alleged violations by day labor service agencies. (c) Fines.--The Secretary shall have the authority to fine a day labor service agency that fails to register with the Department of Labor in accordance with this Act $1,000 for the first offense and $5,000 for the second offense. (d) Suspensions and Revocations.--The Secretary shall have the authority to suspend or revoke the registration of a day labor service agency if warranted by public health and safety concerns or violations of this Act. (e) Investigations.--The Secretary shall promptly investigate complaints concerning alleged violations of this Act. SEC. 10. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF LABOR DISPUTES. Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended-- (1) by striking the period at the end of paragraph (5) and inserting ``; or'', and (2) by adding at the end thereof the following new paragraph: ``(6)(i) to offer, or to grant, the status of a permanent replacement employee to an individual for performing bargaining unit work for the employer during a labor dispute, or ``(ii) to otherwise offer, or grant, an individual any employment preference based on the fact that such individual was employed, or indicated a willingness to be employed, during a labor dispute over an individual who-- ``(A) was an employee of the employer at the commencement of the dispute; ``(B) has exercised the right to join, to assist, or to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection through the labor organization involved in the dispute; and ``(C) is working for, or has unconditionally offered to return to work for, the employer.''.

Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) no charges for cashing wage payment checks or for overpayments; (5) nondiscrimination; (6) adequate seating, restrooms and water in waiting areas; (7) no restrictions on worker acceptance of permanent positions, but allowance placement fees paid to agencies by employers; (8) health care liability for injuries on the job or in transit; (9) agency notices, including employer lists and descriptions of jobs, wages, and other working conditions; (10) equitable expenses for day laborer meals, transportation, and equipment; (11) agency registration with the Secretary of Labor; and (12) Department of Labor enforcement of this Act. Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work.

Day Laborer Fairness and Protection Act

SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Pacific Insular Areas Fisheries Empowerment Act of 1995''. (b) Reference.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 2. FINDINGS, PURPOSES AND POLICY. (a) Findings.--Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following: ``(9) The Pacific Insular Areas of the United States contain a unique historical, cultural, legal, political, and geographic circumstance, including the importance of fisheries resources to their economic growth.''. (b) Policy.--Section 2(c) (16 U.S.C. 1801) is amended-- (1) by striking ``and'' at the end of paragraph (5); (2) by striking the period at the end of paragraph (6) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) to assure that the fishery resources adjacent to Pacific Insular Areas, including those within the exclusive economic zone of such areas and any Continental Shelf fishery resources of such areas, be explored, exploited, conserved, and managed for the benefit of the people of each such areas.''. SEC. 3. DEFINITIONS. Section 3 (16 U.S.C. 1802) is amended by adding at the end the following new paragraph: ``(34) The term `Pacific Insular Area' means American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands.''. SEC. 4. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS. (a) Authority for Foreign Fishing Under a Pacific Insular Area Agreement.--Section 201(a)(1) (16 U.S.C. 1821(a)(1)) is amended to read as follows: ``(1) is authorized under subsection (b) or (c) or under a permit issued under section 204(d);''. (b) Authority To Enter Into a Pacific Insular Areas Agreement.-- Section 202(c)(2) (16 U.S.C. 1822(c)(2)) is amended by inserting before the period at the end the following: ``or section 204(e)''. (c) Pacific Insular Area Agreements.--Section 204 (26 U.S.C. 1824) is amended by adding at the end the following: ``(d) Pacific Insular Areas.--(1) Upon the request of the Governor of a Pacific Insular Area, the Secretary of State in concurrence with the Secretary (the appropriate Council, and the Governor of such Pacific Insular Area) may negotiate and agree to a Pacific Insular Area Fishery Agreement (in this subsection referred to as a ``PIAFA'') to authorize foreign fishing within the exclusive economic zone adjacent to such Insular Area or for Continental Shelf fishery resources beyond such zone. ``(2) It is the sense of the Congress that the Secretary of State should not negotiate a PIAFA to authorize foreign fishing within the exclusive economic zone adjacent to an Insular Area, or Continental Shelf fishery resources beyond such zone, without the concurrence of and consultation with the Governor of such Insular Area. ``(3)(A) Fees pursuant to a PIAFA shall be paid to the Treasury of the Pacific Insular area concerned by the owner or operator of any foreign fishing vessel for which a permit has been issued pursuant to this section. The Governor, with the concurrence of the Secretary and the Secretary of State, shall establish a schedule of reasonable fees that shall apply nondiscriminatorily to each foreign nation. The prescription of such fees is not subject to section 9701 of title 31, United States Code. ``(B) Amounts received by the United States as fees under this paragraph shall be deposited in the general fund of the treasury of the Insular Area, and shall be used for fishery conservation and management purposes. ``(4) Foreign fishing under a PIAFA shall not be subject to subsections (d) through (g) of section 201 or subsection (i) of section 201. ``(5) A PIAFA shall become effective according to the procedures of section 203. ``(6) The Secretary of State may not negotiate a PIAFA with a country that is in violation of a governing international fishery agreement in effect under this Act. ``(7) This subsection shall not be considered to supersede and governing international fishery agreement in effect under this Act.''. SEC. 5. DOMESTIC FEES. Section 304 (16 U.S.C. 1854) is further amended by adding at the end the following: ``(h) Pacific Insular Area Fees.-- ``(1) The Secretary may enter into a cooperative agreement with the Governor of a Pacific Insular Area, under which the Pacific Insular Area may administer a permit system and collect fees authorized under a fishery management plan for fisheries in the exclusive economic zone off the Pacific Insular Area pursuant to section 303(b)(1). A cooperative agreement under this paragraph may provide that all or part of the fees collected under the Pacific Insular Area permit system shall be deposited into the treasury of the affected Pacific Insular Area and used for fishery conservation and management purposes. ``(2) The Secretary, in concurrence with the Governor of the Pacific Insular Area, may establish by regulation the level of any fees which are authorized to be charged. The amount of any fees collected under this subsection shall be reasonable, fair, and equitable to all participants in the fisheries. The prescription of such fees is not subject to section 9701(b) of title 31, United States Code.''. SEC. 6. ENFORCEMENT. Section 311 (16 U.S.C. 1861) is amended by adding at the end the following new subsection: ``(f) Enforcement in the Insular Areas.--The Secretary, in consultation with the Governors of the Pacific Insular Areas shall, to the greatest extent practicable, support cooperative enforcement agreements between Federal and Pacific Insular Area authorities.''. SEC. 7. CONFORMING AMENDMENT. (a) Section 307(2)(B) (16 U.S.C. 1857(2)(B)) is amended by striking ``204(b) or (c)'' and inserting ``204(b), (c), or (e)''. (b) Section 311(g)(1) (16 U.S.C. 1861(g)(1)) is amended by inserting after the citation ``201(b) or (c)'' the words ``or section 204(d)''.

Pacific Insular Areas Fisheries Empowerment Act of 1995 - Amends the Magnuson Fishery Conservation and Management Act to declare that it is the policy of the Congress in the Act to assure that fishery resources adjacent to Pacific insular areas (PIAs) be explored, exploited, conserved, and managed for the benefit of the people of each such areas. Defines "Pacific Insular Area" as American Samoa, Guam, or the Northern Mariana Islands. Authorizes establishment of a Pacific Insular Area Fishery Agreement to authorize foreign fishing within the exclusive economic zone (EEZ) adjacent to such PIA or for continental shelf fishery resources beyond such zone. Authorizes a cooperative agreement with the Governor of a PIA under which the PIA may administer a permit system and collect fees authorized under a fishery management plan for fisheries in the EEZ off the PIA. Mandates support of cooperative enforcement agreements between Federal and PIA authorities.

Pacific Insular Areas Fisheries Empowerment Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computer Security Enhancement Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The National Institute of Standards and Technology has responsibility for developing standards and guidelines needed to ensure the cost-effective security and privacy of sensitive information in Federal computer systems. (2) The Federal Government has an important role in ensuring the protection of sensitive, but unclassified, information controlled by Federal agencies. (3) Technology that is based on the application of cryptography exists and can be readily provided by private sector companies to ensure the confidentiality, authenticity, and integrity of information associated with public and private activities. (4) The development and use of encryption technologies by industry should be driven by market forces rather than by Government imposed requirements. (b) Purposes.--The purposes of this Act are to-- (1) reinforce the role of the National Institute of Standards and Technology in ensuring the security of unclassified information in Federal computer systems; and (2) promote technology solutions based on private sector offerings to protect the security of Federal computer systems. SEC. 3. SECURITY OF FEDERAL COMPUTERS AND NETWORKS. Section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(b)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (3) the following new paragraphs: ``(4) except for national security systems, as defined in section 5142 of Public Law 104-106 (40 U.S.C. 1452), to provide guidance and assistance to Federal agencies for protecting the security and privacy of sensitive information in interconnected Federal computer systems, including identification of significant risks thereto; ``(5) to promote compliance by Federal agencies with existing Federal computer information security and privacy guidelines; ``(6) in consultation with appropriate Federal agencies, assist Federal response efforts related to unauthorized access to Federal computer systems;''. SEC. 4. COMPUTER SECURITY IMPLEMENTATION. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is further amended-- (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c)(1) In carrying out subsection (a)(2) and (3), the Institute shall-- ``(A) emphasize the development of technology-neutral policy guidelines for computer security and electronic authentication practices by the Federal agencies; ``(B) promote the use of commercially available products, which appear on the list required by paragraph (2), to provide for the security and privacy of sensitive information in Federal computer systems; ``(C) develop qualitative and quantitative measures appropriate for assessing the quality and effectiveness of information security and privacy programs at Federal agencies; ``(D) upon the request of a Federal agency, perform evaluations to assess its existing information security and privacy programs; ``(E) promote development of accreditation procedures for Federal agencies based on the measures developed under subparagraph (C); ``(F) if requested, consult with and provide assistance to Federal agencies regarding the selection by agencies of security technologies and products and the implementation of security practices; and ``(G)(i) develop uniform testing procedures suitable for determining the conformance of commercially available security products to the guidelines and standards developed under subsection (a)(2) and (3); ``(ii) establish procedures for certification of private sector laboratories to perform the tests and evaluations of commercially available security products developed in accordance with clause (i); and ``(iii) promote the testing of commercially available security products for their conformance with guidelines and standards developed under subsection (a)(2) and (3). ``(2) The Institute shall maintain and make available to Federal agencies and to the public a list of commercially available security products that have been tested by private sector laboratories certified in accordance with procedures established under paragraph (1)(G)(ii), and that have been found to be in conformance with the guidelines and standards developed under subsection (a)(2) and (3). ``(3) The Institute shall annually transmit to the Congress, in an unclassified format, a report containing-- ``(A) the findings of the evaluations and tests of Federal computer systems conducted under this section during the 12 months preceding the date of the report, including the frequency of the use of commercially available security products included on the list required by paragraph (2); ``(B) the planned evaluations and tests under this section for the 12 months following the date of the report; and ``(C) any recommendations by the Institute to Federal agencies resulting from the findings described in subparagraph (A), and the response by the agencies to those recommendations.''. SEC. 5. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND INFORMATION. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by inserting after subsection (c), as added by section 4 of this Act, the following new subsection: ``(d)(1) The Institute shall solicit the recommendations of the Computer System Security and Privacy Advisory Board, established by section 21, regarding standards and guidelines that are being considered for submittal to the Secretary in accordance with subsection (a)(4). The recommendations of the Board shall accompany standards and guidelines submitted to the Secretary. ``(2) There are authorized to be appropriated to the Secretary $1,030,000 for fiscal year 2002 and $1,060,000 for fiscal year 2003 to enable the Computer System Security and Privacy Advisory Board, established by section 21, to identify emerging issues related to computer security, privacy, and cryptography and to convene public meetings on those subjects, receive presentations, and publish reports, digests, and summaries for public distribution on those subjects.''. SEC. 6. LIMITATION ON PARTICIPATION IN REQUIRING ENCRYPTION AND ELECTRONIC AUTHENTICATION STANDARDS. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended by adding at the end the following new subsection: ``(g) The Institute shall not promulgate, enforce, or otherwise adopt standards or policies for the Federal establishment of encryption and electronic authentication standards required for use in computer systems other than Federal Government computer systems.''. SEC. 7. MISCELLANEOUS AMENDMENTS. Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), as amended by this Act, is further amended-- (1) in subsection (b)(8), as so redesignated by section 3(1) of this Act, by inserting ``to the extent that such coordination will improve computer security and to the extent necessary for improving such security for Federal computer systems'' after ``Management and Budget)''; (2) in subsection (e), as so redesignated by section 4(1) of this Act, by striking ``shall draw upon'' and inserting in lieu thereof ``may draw upon''; (3) in subsection (e)(2), as so redesignated by section 4(1) of this Act, by striking ``(b)(5)'' and inserting in lieu thereof ``(b)(7)''; and (4) in subsection (f)(1)(B)(i), as so redesignated by section 4(1) of this Act, by inserting ``and computer networks'' after ``computers''. SEC. 8. FEDERAL COMPUTER SYSTEM SECURITY TRAINING. Section 5(b) of the Computer Security Act of 1987 (40 U.S.C. 759 note) is amended-- (1) by striking ``and'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(3) to include emphasis on protecting information in Federal databases and Federal computer sites that are accessible through public networks.''. SEC. 9. COMPUTER SECURITY FELLOWSHIP PROGRAM. There are authorized to be appropriated to the Secretary of Commerce $5,000,000 for fiscal year 2002 and $5,000,000 for fiscal year 2003 for the Director of the National Institute of Standards and Technology for fellowships, subject to the provisions of section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g- 1), to support students at institutions of higher learning in computer security. Amounts authorized by this section shall not be subject to the percentage limitation stated in such section 18. SEC. 10. STUDY OF ELECTRONIC AUTHENTICATION TECHNOLOGIES BY THE NATIONAL RESEARCH COUNCIL. (a) Review by National Research Council.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall enter into a contract with the National Research Council of the National Academy of Sciences to conduct a study of electronic authentication technologies for use by individuals, businesses, and government. (b) Contents.--The study referred to in subsection (a) shall-- (1) assess technology needed to support electronic authentication technologies; (2) assess current public and private plans for the deployment of electronic authentication technologies; (3) assess interoperability, scalability, and integrity of private and public entities that are elements of electronic authentication technologies; and (4) address such other matters as the National Research Council considers relevant to the issues of electronic authentication technologies. (c) Interagency Cooperation With Study.--All agencies of the Federal Government shall cooperate fully with the National Research Council in its activities in carrying out the study under this section, including access by properly cleared individuals to classified information if necessary. (d) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretary of Commerce shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report setting forth the findings, conclusions, and recommendations of the National Research Council for public policy related to electronic authentication technologies for use by individuals, businesses, and government. The National Research Council shall not recommend the implementation or application of a specific electronic authentication technology or electronic authentication technical specification for use by the Federal Government. Such report shall be submitted in unclassified form. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce $450,000 for fiscal year 2002, to remain available until expended, for carrying out this section. SEC. 11. PROMOTION OF NATIONAL INFORMATION SECURITY. The Under Secretary of Commerce for Technology shall-- (1) promote an increased use of security techniques, such as risk assessment, and security tools, such as cryptography, to enhance the protection of the Nation's information infrastructure; (2) establish a central repository of information for dissemination to the public to promote awareness of information security vulnerabilities and risks; and (3) in a manner consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 nt), promote the development of national standards- based infrastructures needed to support government, commercial, and private uses of encryption technologies for confidentiality and authentication. SEC. 12. ELECTRONIC AUTHENTICATION INFRASTRUCTURES. (a) Electronic Authentication Infrastructures.-- (1) Technology-neutral guidelines and standards.--Not later than 18 months after the date of the enactment of this Act, the Director, in consultation with industry and appropriate Federal agencies, shall develop technology-neutral guidelines and standards, or adopt existing technology-neutral industry guidelines and standards, for electronic authentication infrastructures to be made available to Federal agencies so that such agencies may effectively select and utilize electronic authentication technologies in a manner that is-- (A) adequately secure to meet the needs of those agencies and their transaction partners; and (B) interoperable, to the maximum extent possible. (2) Elements.--The guidelines and standards developed under paragraph (1) shall include-- (A) protection profiles for cryptographic and noncryptographic methods of authenticating identity for electronic authentication products and services; (B) a core set of interoperability specifications for the use of electronic authentication products and services in electronic transactions between Federal agencies and their transaction partners; and (C) validation criteria to enable Federal agencies to select cryptographic electronic authentication products and services appropriate to their needs. (3) Revisions.--The Director shall periodically review the guidelines and standards developed under paragraph (1) and revise them as appropriate. (b) Listing of Products.--Not later than 30 months after the date of the enactment of this Act, and thereafter, the Director shall maintain and make available to Federal agencies a nonmandatory list of commercially available electronic authentication products, and other such products used by Federal agencies, evaluated as conforming with the guidelines and standards developed under subsection (a). (c) Specifications for Electronic Certification and Management Technologies.-- (1) Specifications.--The Director shall, as appropriate, establish core specifications for particular electronic certification and management technologies, or their components, for use by Federal agencies. (2) Evaluation.--The Director shall advise Federal agencies on how to evaluate the conformance with the specifications established under paragraph (1) of electronic certification and management technologies, developed for use by Federal agencies or available for such use. (3) Maintenance of list.--The Director shall maintain and make available to Federal agencies a list of electronic certification and management technologies evaluated as conforming to the specifications established under paragraph (1). (d) Reports.--Not later than 18 months after the date of the enactment of this Act, and annually thereafter, the Director shall transmit to the Congress a report that includes-- (1) a description and analysis of the utilization by Federal agencies of electronic authentication technologies; and (2) a description and analysis regarding the problems Federal agencies are having, and the progress such agencies are making, in implementing electronic authentication infrastructures. (e) Definitions.--For purposes of this section-- (1) the term ``electronic authentication'' means cryptographic or noncryptographic methods of authenticating identity in an electronic communication; (2) the term ``electronic authentication infrastructure'' means the software, hardware, and personnel resources, and the procedures, required to effectively utilize electronic authentication technologies; (3) the term ``electronic certification and management technologies'' means computer systems, including associated personnel and procedures, that enable individuals to apply electronic authentication to electronic information; and (4) the term ``protection profile'' means a list of security functions and associated assurance levels used to describe a product. SEC. 13. SOURCE OF AUTHORIZATIONS. There are authorized to be appropriated to the Secretary of Commerce $7,000,000 for fiscal year 2002 and $8,000,000 for fiscal year 2003, for the National Institute of Standards and Technology to carry out activities authorized by this Act for which funds are not otherwise specifically authorized to be appropriated by this Act. Passed the House of Representatives November 27, 2001. Attest: JEFF TRANDAHL, Clerk.

Computer Security Enhancement Act of 2001 - Amends the National Institute of Standards and Technology Act to require the Institute to provide assistance to Federal agencies in the protection of computer networks, promote Federal compliance with computer information security and privacy guidelines, and assist Federal response efforts to unauthorized access to Federal systems.(Sec. 4) Requires the Institute to develop uniform standards for the cost-effective security and privacy of sensitive information in certain Federal systems, provide a list of certified commercial computer system security products, and report annually on Federal computer system evaluations.(Sec. 5) Directs the Institute to solicit Computer System Security and Privacy Advisory Board recommendations regarding standards. Authorizes appropriations for FY 2002 and 2003 to enable the Board to identify emerging computer security, privacy, and cryptography issues.(Sec. 6) Prohibits the Institute from adopting encryption and electronic authentication standards for other than Federal computer systems.(Sec. 7) Authorizes (current law requires) the Institute to draw upon National Security Agency computer security guidelines.(Sec. 8) Amends the Computer Security Act of 1987 to require Federal computer security training to emphasize protecting information accessible through public networks.(Sec. 9) Authorizes appropriations for FY 2002 and 2003 for fellowships to students in computer security.(Sec. 10) Requires a National Research Council of the National Academy of Sciences to: (1) conduct a study of electronic authentication technologies; and (2) report to specified congressional committees on its findings, conclusions, and recommendations for public policy related to such technologies. Authorizes appropriations for FY 2002.(Sec. 11) Directs the Under Secretary of Commerce for Technology to promote an increased use of security technologies for the nation's information infrastructure, establish a central repository of information on security vulnerability and risks, and promote the development of national infrastructures for encryption technologies.(Sec. 12) Directs the Institute's Director to develop technology-neutral electronic authentication infrastructure standards for Federal agencies, provide a list of commercially available authentication products, establish core specifications for Federal electronic certification and management technologies, provide a list of conforming systems, and report annually on infrastructure implementation.(Sec. 13) Authorizes appropriations for FY 2002 and 2003.

To amend the National Institute of Standards and Technology Act to enhance the ability of the National Institute of Standards and Technology to improve computer security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Meeting the Housing and Service Needs of Seniors Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) The senior population (persons 65 or older) in this country is rapidly growing, and is expected to increase from 34,700,000 in 2000 to nearly 40,000,000 by 2010, and then will dramatically increase to over 50,000,000 by 2020. (2) By 2020, the population of ``older'' seniors, those over age 85, is expected to double to 7,000,000, and then double again to 14,000,000 by 2040. (3) As the senior population increases, so does the need for additional safe, decent, affordable, and suitable housing that meets their unique needs. (4) Due to the health care, transportation, and service needs of seniors, issues of providing suitable and affordable housing opportunities differ significantly from the housing needs of other families. (5) Seniors need access to a wide array of housing options, such as affordable assisted living, in-home care, supportive or service-enriched housing, and retrofitted homes and apartments to allow seniors to age in place and to avoid premature placement in institutional settings. (6) While there are many programs in place to assist seniors in finding and affording suitable housing and accessing needed services, these programs are fragmented and spread across many agencies, making it difficult for seniors to access assistance or to receive comprehensive information. (7) Better coordination among Federal agencies is needed, as is better coordination at State and local levels, to ensure that seniors can access government activities, programs, services, and benefits in an effective and efficient manner. (8) Up to date, accurate, and accessible statistics on key characteristics of seniors, including conditions, behaviors, and needs, are required to accurately identify the housing and service needs of seniors. SEC. 3. DEFINITIONS. In this Act: (1) Housing.--The term ``housing'' means any form of residence, including rental housing, homeownership, assisted living, group home, supportive housing arrangement, nursing facility, or any other physical location where a person can live. (2) Service.--The term ``service'' includes transportation, health care, nursing assistance, meal, personal care and chore services, assistance with daily activities, mental health care, physical therapy, case management, and any other services needed by seniors to allow them to stay in their housing or find alternative housing that meets their needs. (3) Program.--The term ``program'' includes any Federal or State program providing income support, health benefits or other benefits to seniors, housing assistance, mortgages, mortgage or loan insurance or guarantees, housing counseling, supportive services, assistance with daily activities, or other assistance for seniors. (4) Council.--The term ``Council'' means the Interagency Council on Meeting the Housing and Service Needs of Seniors. (5) Senior.--The term ``senior'' means any individual 65 years of age or older. SEC. 4. INTERAGENCY COUNCIL ON MEETING THE HOUSING AND SERVICE NEEDS OF SENIORS. (a) Establishment.--There is established in the executive branch an independent council to be known as the Interagency Council on Meeting the Housing and Service Needs of Seniors. (b) Objectives.--The objectives of the Council are as follows: (1) To promote coordination and collaboration among the Federal departments and agencies involved with housing, health care, and service needs of seniors in order to better meet the needs of senior citizens. (2) To identify the unique housing and service needs faced by seniors around the country and to recommend ways that the Federal Government, States, State and local governments, and others can better meet those needs, including how to ensure that seniors can find and afford housing that allows them to access health care, transportation, nursing assistance, and assistance with daily activities where they live or in their communities. (3) To facilitate the aging in place of seniors, by identifying and making available information related to the programs and services necessary to enable seniors to remain in their homes as they age. (4) To improve coordination among the housing and service related programs and services of Federal agencies for seniors and to make recommendations about needed changes with an emphasis on-- (A) maximizing the impact of existing programs and services; (B) reducing or eliminating areas of overlap and duplication in the provision and accessibility of such programs and services; and (C) making access to programs and services easier for seniors around the country. (5) To increase the efficiency and effectiveness of existing housing and service related programs and services which serve seniors. (6) To establish an ongoing system of coordination among and within such agencies or organizations so that the housing and service needs of seniors are met in a more efficient manner. (c) Membership.--The Council shall be composed of the following: (1) The Secretary of Housing and Urban Development. (2) The Secretary of Health and Human Services. (3) The Secretary of Agriculture or a designee of the Secretary. (4) The Secretary of Transportation or a designee of the Secretary. (5) The Secretary of Labor or a designee of the Secretary. (6) The Secretary of Veterans Affairs or a designee of the Secretary. (7) The Secretary of the Treasury or a designee of the Secretary. (8) The Commissioner of the Social Security Administration or a designee of the Commissioner. (9) The Administrator of the Centers for Medicare and Medicaid Services or a designee of the Administrator. (10) The Administrator of the Administration on Aging or a designee of the Administrator. (11) The head (or designee) of any other Federal agency as the Council considers appropriate. (12)(A) 3 additional members, as appointed by the President to serve terms not to exceed 4 years, of whom-- (i) one shall be a Governor of a State; (ii) one shall be a Mayor of a political subdivision of a State; (iii) one shall be a county, town, township, parish, village, hamlet, or other general purpose local official of a political subdivision of a State. (B) Of the members appointed by the President under subparagraph (A)-- (i) no more than 2 members may be affiliated with the same political party; and (ii) none shall be considered a Federal employee. (d) Chairperson.--The Chairperson of the Council shall alternate between the Secretary of Housing and Urban Development and the Secretary of Health and Human Services every 2 years. (e) Vice Chair.--Every 2 years, the Council shall elect a Vice Chair from among its members. (f) Meetings.--The Council shall meet at the call of its Chairperson or a majority of its members at any time, and no less often than quarterly. The Council shall hold meetings with stakeholders and other interested parties at least twice a year, so that the opinions of such parties can be taken into account and so that outside groups can learn of the Council's activities and plans. SEC. 5. FUNCTIONS OF THE COUNCIL. (a) Relevant Activities.--In carrying out its objectives, the Council shall-- (1) review all Federal programs and services that assist seniors in finding, affording, and rehabilitating housing, including those that assist seniors in accessing health care, transportation, supportive services, and assistance with daily activities, where or close to where seniors live; (2) monitor, evaluate, and recommend improvements in existing programs and services administered, funded, or financed by Federal, State, and local agencies to assist seniors in meeting their housing and service needs and make any recommendations about how agencies can better work to house and serve seniors; and (3) recommend ways to-- (A) reduce duplication among programs and services by Federal agencies that assist seniors in meeting their housing and service needs; (B) ensure collaboration among and within agencies in the provision and availability of programs and services so that seniors are able to easily access needed programs and services; (C) work with States to better provide housing and services to seniors by-- (i) holding individual meetings with State representatives; (ii) providing ongoing technical assistance to States in better meeting the needs of seniors; and (iii) working with States to designate State liaisons to the Council; (D) identify best practices for programs and services that assist seniors in meeting their housing and service needs, including model-- (i) programs linking housing and services; (ii) financing products offered by government, quasi-government, and private sector entities; (iii) land use, zoning, and regulatory practices; and (iv) innovations in technology applications that give seniors access to information on available services or that help in providing services to seniors; (E) collect and disseminate information about seniors and the programs and services available to them to ensure that seniors can access comprehensive information; (F) hold biannual meetings with stakeholders and other interested parties (or to hold open Council meetings) to receive input and ideas about how to best meet the housing and service needs of seniors; (G) maintain an updated Web site of policies, meetings, best practices, programs, services, and any other helpful information to keep people informed of the Council's activities; and (H) work with the Federal Interagency Forum on Aging Statistics, the Census Bureau, and member agencies to collect and maintain data relating to the housing and service needs of seniors so that all data can be accessed in one place and to identify and address unmet data needs. (b) Reports.-- (1) By members.--Each year, the head of each agency who is a member of the Council shall prepare and transmit to the Council a report that describes-- (A) each program and service administered by the agency that serves a substantial number of seniors and the number of seniors served by each program or service, the resources available in each, as well as a breakdown of where each program and service can be accessed; (B) the barriers and impediments, including statutory or regulatory, to the access and use of such programs and services by seniors; (C) the efforts made by each agency to increase opportunities for seniors to find and afford housing that meet their needs, including how the agency is working with other agencies to better coordinate programs and services; and (D) any new data collected by each agency relating to the housing and service needs of seniors. (2) By the council.--Each year, the Council shall prepare and transmit to the President, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Health, Education, Labor, and Pensions of the Senate, the Special Committee on Aging of the Senate, the Financial Services Committee of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, a report that-- (A) summarizes the reports required in paragraph (1); (B) utilizes recent data to assess the nature of the problems faced by seniors in meeting their unique housing and service needs; (C) provides a comprehensive and detailed description of the programs and services of the Federal Government in meeting the needs and problems described in subparagraph (B); (D) describes the activities and accomplishments of the Council in working with Federal, State, and local governments, and private organizations in coordinating programs and services to meet the needs described in subparagraph (B) and the resources available to meet those needs; (E) assesses the level of Federal assistance required to meet the needs described in subparagraph (B); and (F) makes recommendations for appropriate legislative and administrative actions to meet the needs described in subparagraph (B) and for coordinating programs and services designed to meet those needs. SEC. 6. POWERS OF THE COUNCIL. (a) Hearings.--The Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Council considers advisable to carry out the purposes of this Act. (b) Information From Agencies.--Agencies which are represented on the Council shall provide all requested information and data to the Council as requested. (c) Postal Services.--The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.-- (1) In general.--The Council may accept, use, and dispose of gifts or donations of services or property. (2) Regulations required.--The Council shall adopt internal regulations governing the receipt of gifts or donations of services or property similar to those described in part 2601 of title 5, Code of Federal Regulations. SEC. 7. COUNCIL PERSONNEL MATTERS. (a) Compensation of Members.-- (1) Non-federal employees.--A member of the Council who is not an officer or employee of the Federal Government shall serve without compensation. (2) Federal employees.--A member of the Council who is an officer or employee of the United States shall serve without compensation in addition to the compensation received for services of the member as an officer or employee of the Federal Government. (b) Travel Expenses.--The members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Council. (c) Staff.-- (1) Executive director.--The Council shall appoint an Executive Director at its initial meeting. The Executive Director shall be compensated at a rate not to exceed the rate of pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Compensation.--With the approval of the Council, the Executive Director may appoint and fix the compensation of such additional personnel as necessary to carry out the duties of the Council. The rate of compensation may be set without regard to the provisions of chapter 51 and subchapter II of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Temporary and Intermittent Services.--In carrying out its objectives, the Council may procure temporary and intermittent services of consultants and experts under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (e) Detail of Government Employees.--Upon request of the Council, any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (f) Administrative Support.--The Secretary of Housing Urban Development and the Secretary of Health and Human Services shall provide the Council with such administrative (including office space), supportive services, and technical supports as are necessary to ensure that the Council can carry out its functions. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $1,500,000 for each of fiscal years 2005 through 2010. Passed the Senate November 17, 2005. Attest: Secretary. 109th CONGRESS 1st Session S. 705 _______________________________________________________________________ AN ACT To establish the Interagency Council on Meeting the Housing and Service Needs of Seniors, and for other purposes.

Meeting the Housing and Service Needs of Seniors Act of 2005 - Establishes in the executive branch the independent Interagency Council on Meeting the Housing and Service Needs of Seniors, which shall identify and promote coordination of senior citizen housing, health care, and service needs. Defines "senior" as an individual 65 years or older. Authorizes FY2005-FY2010 appropriations.

A bill to establish the Interagency Council on Meeting the Housing and Service Needs of Seniors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Made in America Manufacturing Communities Act of 2016''. SEC. 2. PROGRAM TO DESIGNATE AND SUPPORT MANUFACTURING COMMUNITIES. (a) Definitions.--In this section: (1) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (b) Establishment of Program.--The Secretary shall establish a program to improve the competitiveness of United States manufacturing by-- (1) designating consortiums as manufacturing communities under subsection (d); and (2) supporting manufacturing communities, as so designated, under subsection (c). (c) Support for Designated Manufacturing Communities.-- (1) Preferential consideration.-- (A) In general.--Except as provided in subparagraph (D), in any case in which a member of a consortium designated as a manufacturing community under subsection (d) seeks financial or technical assistance under a participating program of a participating agency, the head of such agency may give preferential consideration to such member with respect to the awarding of such financial or technical assistance if-- (i) such head considers the award of the financial or technical assistance consistent with the economic development strategy of the consortium; and (ii) the member otherwise meets all applicable requirements for the financial or technical assistance. (B) Participating agencies.--For purposes of the program, the participating agencies are the following: (i) The Department of Agriculture. (ii) The Department of Commerce. (iii) The Department of Defense. (iv) The Department of Education. (v) The Department of Energy. (vi) The Department of Housing and Urban Development. (vii) The Department of Labor. (viii) The Department of Transportation. (ix) The Appalachian Regional Commission. (x) The Delta Regional Authority. (xi) The Environmental Protection Agency. (xii) The National Science Foundation. (xiii) The Small Business Administration. (C) Participating programs.-- (i) In general.--The head of each participating agency shall identify each program administered by such participating agency that is applicable to the program established under subsection (b). (ii) Designation.--For purposes of this section, a participating program is a program identified under clause (i). (D) Multiple members of the same consortium seeking the same financial or technical assistance.-- (i) In general.--In a case in which a participating agency receives applications for the same financial or technical assistance from more than one member of the same consortium designated as a manufacturing community under subsection (d), the head of such agency may determine how preference is given under subparagraph (A), including by requiring the consortium to select which of the members should be given preference. (ii) Coordination.--In a case described in clause (i) in which the head of the agency determines that more than one member of a consortium should be given preference under subparagraph (A) for financial or technical assistance, the head of the agency may require such members to demonstrate coordination with each other in developing their applications for the financial or technical assistance. (E) Report.--Not later than 90 days after the date of the enactment of this Act, the head of each participating agency shall submit to the Secretary a report specifying how the head will give preferential consideration under subparagraph (A). (2) Technical assistance.--The Secretary may make available to each consortium designated as a manufacturing community under subsection (d) a Federal point of contact to help the members of the consortium access Federal funds and technical assistance. (3) Financial and technical assistance.-- (A) In general.--Under the program established under subsection (b), the head of a participating agency may award financial or technical assistance to a member of a consortium designated as a manufacturing community under subsection (d) as the head considers appropriate for purposes of such program and consistent with the economic development strategy of the consortium. (B) Use of funds.-- (i) In general.--A recipient of financial or technical assistance under subparagraph (A) may use the amount of such financial or technical assistance to support an investment in an ecosystem that will improve the competitiveness of United States manufacturing. (ii) Investments supported.--Investments supported under this subparagraph may include the following: (I) Infrastructure. (II) Access to capital. (III) Promotion of exports and foreign direct investment. (IV) Equipment or facility upgrades. (V) Workforce training or retraining. (VI) Energy or process efficiency. (VII) Business incubators. (VIII) Site preparation. (IX) Advanced research. (X) Supply chain development. (4) Coordination.-- (A) Coordination by secretary of commerce.--The Secretary shall coordinate with the heads of the participating agencies to identify programs under paragraph (1)(C)(i). (B) Inter-agency coordination.--The heads of the participating agencies shall coordinate with each other-- (i) to leverage complementary activities, including from non-Federal sources such as philanthropies; and (ii) to avoid duplication of efforts. (d) Designation of Manufacturing Communities.-- (1) In general.--Except as provided in paragraph (7), for purposes of the program established under subsection (b), the Secretary shall designate eligible consortiums as manufacturing communities through a competitive process. (2) Eligible consortiums.-- (A) In general.--For purposes of this section, an eligible consortium is a consortium that-- (i) represents a region defined by the consortium in accordance with subparagraph (B); (ii) includes at least one-- (I) institution of higher education; (II) a private sector entity; and (III) a government entity; (iii) may include one or more-- (I) private sector partners; (II) institutions of higher education; (III) government entities; (IV) economic development and other community and labor groups; (V) financial institutions; or (VI) utilities; (iv) has, as a lead applicant-- (I) a district organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation); (II) an Indian tribe (as defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b)) or a consortium of Indian tribes; (III) a State or a political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (IV) an institution of higher education or a consortium of institutions of higher education; or (V) a public or private nonprofit organization or association that is acting in cooperation with officials of a political subdivision of a State. (B) Regions.--For purposes of this section and subject to approval by the Secretary, a consortium may define the region that it represents pursuant to paragraph (2)(A)(i), except that a region so defined shall be-- (i) large enough to contain critical elements of the key technologies or supply chain prioritized by the consortium; and (ii) small enough to enable close collaboration among members of the consortium. (3) Duration.--Each designation under paragraph (1) shall be for a period of 2 years. (4) Renewal.-- (A) In general.--Upon receipt of an application submitted under subparagraph (B), the Secretary may, as the Secretary considers appropriate, renew a designation made under paragraph (1) for a period of 2 years. (B) Application for renewal.--An eligible consortium seeking a renewal under subparagraph (A) shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. (C) Modifications authorized.--The Secretary may renew a designation under subparagraph (A) for an eligible consortium that-- (i) has changed its own composition, either by adding or removing members; or (ii) submits under subparagraph (B) a revision to the plan submitted under clause (iv) of paragraph (5)(B) or the strategy submitted under clause (v) of such paragraph. (D) Evaluation for renewal.--In determining whether to renew a designation of an eligible consortium under paragraph (1), the Secretary shall assess the eligible consortium using the following criteria: (i) The performance of the consortium against the terms of the consortium's most recent designation under paragraph (1) and any post-designation awards the consortium may have received. (ii) The progress the consortium has made with respect to project-specific metrics the consortium proposed in the consortium's application for the most recent designation under paragraph (1), particularly with respect to those metrics that were designed to help communities track their own progress. (iii) Whether any changes to the composition of the eligible consortium, as described in clause (i) of subparagraph (C), or revisions to the plan or strategy described in clause (ii) of such subparagraph would improve the competitiveness of United States manufacturing. (iv) Such other criteria as the Secretary considers appropriate. (5) Application for designation.-- (A) In general.--An eligible consortium seeking a designation under paragraph (1) shall submit to the Secretary an application therefor at such time and in such manner as the Secretary may require. (B) Contents.--Each application submitted to the Secretary by an eligible consortium shall contain the following: (i) Description of the regional boundaries of the consortium. (ii) A description of the manufacturing concentration of the consortium, including an assessment of how the manufacturing concentration of the consortium competitively ranks nationally according to measures relating to employment, sales, location quotients for an industry's level of concentration, or such other measures as the Secretary considers appropriate. (iii) An integrated assessment of the local industrial ecosystem of the region of the consortium, which may include assessment of workforce and training, supplier network, research and innovation, infrastructure or site development, trade and international investment, operational improvements, and capital access components needed for manufacturing activities in such region. (iv) An evidence-based plan for developing components of such ecosystem (selected by the consortium) by making-- (I) specific investments to address gaps in such ecosystem; and (II) the manufacturing of the region of the consortium uniquely competitive. (v) A description of the investments the consortium proposes and the implementation strategy the consortium intends to use to address gaps in such ecosystem. (vi) A description of outcome-based metrics, benchmarks, and milestones that the consortium will track and the evaluation methods the consortium will use while designated as a manufacturing community to gauge performance of the strategy of the consortium to improve the manufacturing in the region of the consortium. (vii) Such other matters as the Secretary considers appropriate. (6) Evaluation of applications.--The Secretary shall evaluate each application received under paragraph (5) with respect to the following: (A) Whether the applicant demonstrates a significant level of regional cooperation in their proposal. (B) How the manufacturing concentration of the applicant competitively ranks nationally according to measures described in paragraph (5)(B)(ii). (7) Certain communities previously recognized.--Subject to subparagraph (B), each consortium that was designated as a manufacturing community by the Secretary in carrying out the Investing in Manufacturing Communities Partnership initiative of the Department of Commerce before the date of the enactment of this Act shall be deemed a manufacturing community designated under this subsection as long as such consortium is still designated as a manufacturing community by the Secretary as part of such initiative. (e) Receipt of Transferred Funds.--The Secretary may accept amounts transferred to the Secretary from the head of another participating agency to carry out this section.

Made in America Manufacturing Communities Act of 2016 This bill establishes a program to improve the competitiveness of U.S. manufacturing by designating consortiums as manufacturing communities and authorizing federal agencies to provide them with financial and technical assistance. The Department of Commerce must designate consortiums as manufacturing communities using a competitive process and specified criteria. An eligible consortium must: represent a region that is large enough to contain critical elements of the key technologies or supply chain prioritized by the consortium and small enough to enable close collaboration among the consortium's members; include at least one institution of higher education, a private sector entity, and a government entity; and have a lead applicant that is a district organization, an Indian tribe, a state or political subdivision of a state, an institution of higher education, or a nonprofit organization or association cooperating with a political subdivision of a state. Specified federal agencies may support the manufacturing communities by awarding them financial or technical assistance, providing preferential consideration when members of the consortium apply for assistance, or providing a federal point of contact to help members access assistance. Recipients of the financial or technical assistance may use the funds to improve the competitiveness of U.S. manufacturing with investments that may include infrastructure, access to capital, promotion of exports and foreign direct investment, equipment upgrades, workforce training, energy or process efficiency, and other specified purposes.

Made in America Manufacturing Communities Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Passport and Travel Cost Reimbursement Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of State has failed to anticipate the increased level of demand for passports after implementing new Western Hemisphere Travel Initiative rules required by Congress. (2) This failure has cost United States citizens many thousands of dollars in unused or cancelled transportation, accommodation, and tour reservations. (3) The Department's proposal to refund fees for failed expedited processing provides insufficient relief to citizens who lost large sums of money through no fault of their own. (4) The United States Government has an obligation to deal honestly and fairly with all individuals who come into contact with it, and to remedy any hardship that arises as a result of its negligence. SEC. 3. REFUND OF PASSPORT PROCESSING FEES. (a) In General.--The Secretary of State shall refund to an eligible United States citizen the fee paid by such citizen in connection with a properly completed and submitted application for a United States passport if such citizen applied or applies for such passport at any time between January 1, 2007, and December 31, 2007, and the time for processing of such passport with respect to such citizen took-- (1) 12 or more weeks in the case of a regular application; or (2) 3 or more weeks in the case of an expedited application. (b) Application for Refund.--To be eligible to receive a refund under subsection (a), a United States citizen shall submit to the Secretary an application for a refund at such time, in such manner, and containing such information as the Secretary may require. SEC. 4. REFUND OF INTERNATIONAL TRAVEL COSTS. (a) In General.--The Secretary of State shall refund to a United States citizen eligible for a refund of a passport processing fee under section 3 the cost incurred by such citizen for payment for an economy- class or comparable ticket, subject to subsection (b), on an international flight departing from a point in the United States if such flight was or is scheduled to depart at any time between January 23, 2007, and December 31, 2007, and if such citizen was or is unable to travel aboard such flight because such citizen was or is unable to timely acquire a passport and such citizen missed or cancelled such flight (b) Reduction in Amount of Refund.-- (1) In general.--The Secretary shall reduce the travel cost refund under subsection (a) by an amount equal to the amount that the airline operating the flight on which such citizen was scheduled to travel has refunded to such citizen as a result of such citizen's inability to travel aboard such flight, in accordance with the refund policies of such airline. (2) Business-class or first-class ticket.--A citizen who submits an application for a refund under this section shall be limited to a refund in an amount equal to the cost of an economy-class or comparable ticket for the international flight on which such citizen was or is unable to travel, subject to any reduction under paragraph (1). (c) Information.--The Secretary shall request from airlines a list of United States citizens who paid for tickets for international travel with such airlines but who did not travel with such airlines during the time period specified in subsection (a). (d) Application for Refund.--To be eligible to receive a refund under subsection (a), a United States citizen shall submit to the Secretary an application for a refund at such time, in such manner, and containing such information as the Secretary may require. SEC. 5. ADDITIONAL ASSISTANCE FOR CERTAIN INDIVIDUALS. The Secretary of State is authorized to provide to a United States citizen who is eligible for a refund under sections 3 and 4 assistance if the Secretary determines that such citizen has suffered an extraordinary financial hardship, such as any provable tour costs, as a result of a delay in passport application processing times and missed or cancelled international travel. SEC. 6. CERTIFICATION. The Secretary of Homeland Security and the Secretary of State may not implement the plan required under section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) with respect to the establishment of a single implementation date for sea and land borders until such time as such Secretaries have submitted to Congress in writing a certification that the passport agencies of the Department of State are able to process applications for passports with minimal disruption to the travel plans of United States citizens.

Passport and Travel Cost Reimbursement Act of 2007 - Directs the Secretary of State to refund to a U.S. citizen, upon refund application: (1) passport processing fees for a passport applied for in 2007 if processing took 12 or more weeks for a regular application or three or more weeks for an expedited application; and (2) international air travel costs (economy or comparable, minus any airline refund) for U.S.-departing flights missed as a result of such processing delays. Authorizes the Secretary to provide additional assistance for an extraordinary hardship. Prohibits the Secretary and the Secretary of Homeland Security from implementing a specified plan for a single implementation date for sea and land borders until they have certified to Congress that Department of State passport agencies are able to process passport applications with minimal disruption.

To refund passport processing fees and international travel costs as a result of unreasonable delays in passport application processing times, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneurial Investment Act of 1996''. SEC. 2. EQUITY CAPITAL INVESTMENTS BY SMALLER BANK HOLDING COMPANIES. Section 4(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)) is amended by adding at the end thereof the following new paragraph: ``(15) shares of a company (other than an insured depository institution or a depository institution holding company) engaged in activities not authorized pursuant to section 4 provided the conditions and requirements of this paragraph are met. ``(A) Acquisition and retention of shares.--No bank holding company may acquire and retain ownership or control of shares of a company pursuant to this paragraph unless-- ``(i) each insured depository institution controlled by the bank holding company is well- capitalized; ``(ii) the total consolidated assets of the bank holding company are less than $1 billion; ``(iii) the bank holding company or any subsidiary of the bank holding company has had a significant debt relationship with the company for at least 1 year; ``(iv) the aggregate amount of all investments held by the bank holding company and all of its subsidiaries under this paragraph, measured quarterly, does not exceed 50 percent of the sum of the excess capital of each insured depository institution controlled by the bank holding company; ``(v) the shares do not represent 25 percent or more of any class of voting shares of any company; ``(vi) the shares are not acquired or held by a depository institution or a subsidiary of a depository institution; and ``(vii) the bank holding company does not actively manage or operate the company. ``(B) Restrictions on joint marketing.--No depository institution (and no subsidiary of such depository institution) shall-- ``(i) offer or market, directly or indirectly through any arrangement, any product or service of any company whose shares are owned or controlled by the bank holding company pursuant to this paragraph; or ``(ii) permit any of such depository institution's (or subsidiary's) products or services to be offered or marketed, directly or indirectly through any arrangement, by or through any company whose shares are owned or controlled by the bank holding company pursuant to this paragraph. ``(C) One-time prior approval.--Prior to making any investments under this paragraph, the bank holding company must obtain approval from the Board to engage in investment activities under this paragraph. ``(D) Accounting requirements.-- ``(i) Aggregate value of investments.--The value of all investments made under this paragraph shall be computed quarterly and shall be the lower of the initial cost of the shares or the book value of the shares. ``(ii) Mark-to-market.--For purposes of determining compliance with the limitations in this paragraph, the value of any shares held under this paragraph shall be determined-- ``(I) by treating the shares as having been sold by the bank holding company for the fair market value of such shares as of the date of such determination; or ``(II) in the case of any shares which are not traded in any market or on any exchange, the value of any such shares shall be the lower of the cost of the shares to the bank holding company at the time of the acquisition of such shares or the book value of the shares. ``(E) Acquisition of shares in excess of limitation through satisfaction of a prior debt.-- ``(i) Not subject to limitations.--The acquisition of voting shares of any company in satisfaction of a debt which was previously contracted in good faith shall not be subject to the limitations contained in this paragraph and any shares so acquired shall not be taken into account under this paragraph in connection with any other acquisition of shares by the bank holding company under this paragraph. ``(ii) Divestiture required.-- Notwithstanding any other provision of law, any voting shares of any company which are acquired in satisfaction of a debt which was previously contracted in good faith at a time when such company was a company referred to in this paragraph shall be divested before the end of the 3-year period beginning on the date of such acquisition. ``(F) Authority of the board.-- ``(i) In general.--No provision of this paragraph shall be construed as limiting the authority of the Board to-- ``(I) supervise and regulate the investments in voting shares of any company; or ``(II) require the divestiture of a bank holding company or any of its subsidiaries of shares of any company whenever the Board determines such action to be appropriate in order to preserve the safety and soundness of any insured depository institution. ``(ii) Bank with falling capital levels.-- If, at any time, the aggregate amount of the investments in shares made under this paragraph exceeds the amount described in subparagraph (A)(iv) due to a decrease in the capital levels of any insured depository institution, the Board may take such action, including requiring the sale of any shares held under this paragraph, as may be appropriate in order to preserve the safety and soundness of the insured depository institution. ``(G) Definitions.-- ``(i) Excess capital.--For purposes of this paragraph, the term `excess capital' means the amount by which the total risk-based capital of a depository institution exceeds the level required for the institution to be well- capitalized for purposes of section 38 of the Federal Deposit Insurance Act; ``(ii) Book value of shares.--For purposes of this paragraph, the term `book value of shares' means the product of-- ``(I) the amount equal to the total assets of the company issuing the shares minus the total liabilities of such company; and ``(II) the percentage of the total amount of shares of the company which are owned by the bank holding company. ``(iii) Foreign banks.--For purposes of subparagraph (B), the term `depository institution' includes a foreign bank.''.

Entrepreneurial Investment Act of 1996 - Amends the Bank Holding Company Act of 1956 to prescribe conditions and requirements exempting certain smaller-sized bank holding companies from its proscription against the acquisition of interests (equity capital investments) in certain nonbanking organizations. Sets forth restrictions upon joint marketing. Requires such bank holding companies to obtain a one-time approval of the Board of Governors of the Federal Reserve System prior to engaging in such investment activities.

Entrepreneurial Investment Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana Justice Act of 2017''. SEC. 2. DE-SCHEDULING MARIHUANA. (a) Marihuana Removed From Schedule of Controlled Substances.-- Subsection (c) of schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812) is amended-- (1) by striking ``marihuana''; and (2) by striking ``tetrahydrocannabinols''. (b) Removal of Prohibition on Import and Export.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by inserting ``or'' after the semicolon; (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (2) in paragraph (2)-- (A) in subparagraph (F), by inserting ``or'' after the semicolon; (B) by striking subparagraph (G); and (C) by redesignating subparagraph (H) as subparagraph (G); (3) in paragraph (3), by striking ``paragraphs (1), (2), and (4)'' and inserting ``paragraphs (1) and (2)''; (4) by striking paragraph (4); and (5) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively. (c) Conforming Amendments to Controlled Substances Act.--The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (1) in section 102(44) (21 U.S.C. 802(44)), by striking ``marihuana,''; (2) in section 401(b) (21 U.S.C. 841(b))-- (A) in paragraph (1)-- (i) in subparagraph (A)-- (I) in clause (vi), by inserting ``or'' after the semicolon; (II) by striking (vii); and (III) by redesignating clause (viii) as clause (vii); (ii) in subparagraph (B)-- (I) by striking clause (vii); and (II) by redesignating clause (viii) as clause (vii); (iii) in subparagraph (C), in the first sentence, by striking ``subparagraphs (A), (B), and (D)'' and inserting ``subparagraphs (A) and (B)''; (iv) by striking subparagraph (D); (v) by redesignating subparagraph (E) as subparagraph (D); and (vi) in subparagraph (D)(i), as so redesignated, by striking ``subparagraphs (C) and (D)'' and inserting ``subparagraph (C)''; (B) by striking paragraph (4); and (C) by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively; (3) in section 402(c)(2)(B) (21 U.S.C. 842(c)(2)(B)), by striking ``, marihuana,''; (4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), by striking ``, marihuana,''; (5) in section 418(a) (21 U.S.C. 859(a)), by striking the last sentence; (6) in section 419(a) (21 U.S.C. 860(a)), by striking the last sentence; (7) in section 422(d) (21 U.S.C. 863(d))-- (A) in the matter preceding paragraph (1), by striking ``marijuana,''; and (B) in paragraph (5), by striking ``, such as a marihuana cigarette,''; and (8) in section 516(d) (21 U.S.C. 886(d)), by striking ``section 401(b)(6)'' each place the term appears and inserting ``section 401(b)(5)''. (d) Other Conforming Amendments.-- (1) National forest system drug control act of 1986.--The National Forest System Drug Control Act of 1986 (16 U.S.C. 559b et seq.) is amended-- (A) in section 15002(a) (16 U.S.C. 559b(a)) by striking ``marijuana and other''; (B) in section 15003(2) (16 U.S.C. 559c(2)) by striking ``marijuana and other''; and (C) in section 15004(2) (16 U.S.C. 559d(2)) by striking ``marijuana and other''. (2) Interception of communications.--Section 2516 of title 18, United States Code, is amended-- (A) in subsection (1)(e), by striking ``marihuana,''; and (B) in subsection (2) by striking ``marihuana,''. SEC. 3. INELIGIBILITY FOR CERTAIN FUNDS. (a) Definitions.--In this section-- (1) the term ``covered State'' means a State that has not enacted a statute legalizing marijuana in the State; (2) the term ``disproportionate arrest rate'' means-- (A) the percentage of minority individuals arrested for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; or (B) the percentage of low-income individuals arrested for a marijuana offense in a State is higher than the percentage of the population of the State that are not low-income individuals, as determined by the most recent census data; (3) the term ``disproportionate incarceration rate'' means the percentage of minority individuals incarcerated for a marijuana related offense in a State is higher than the percentage of the non-minority individual population of the State, as determined by the most recent census data; (4) the term ``low-income individual'' means an individual whose taxable income (as defined in section 63 of the Internal Revenue Code of 1986) is equal to or below the maximum dollar amount for the 15 percent rate bracket applicable to the individual under section 1 of the Internal Revenue Code of 1986; (5) the term ``marijuana'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802); and (6) the term ``minority individual'' means an individual who is a member of a racial or ethnic minority group. (b) Ineligibility for Certain Funds.-- (1) In general.--For any fiscal year beginning after the date of enactment of this Act in which the Attorney General, acting through the Director of the Bureau of Justice Assistance, determines that a covered State has a disproportionate arrest rate or a disproportionate incarceration rate for marijuana offenses, the covered State-- (A) shall not be eligible to receive any Federal funds for the construction or staffing of a prison or jail; and (B) shall be subject to not more than a 10-percent reduction of the funds that would otherwise be allocated for that fiscal year to the covered State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (2) Funds for certain programming.--For purposes of paragraph (1)(A), Federal funds for the construction or staffing of a prison or jail shall not include Federal funds used by a prison or jail to carry out recidivism reduction programming or drug addiction treatment. (3) Reallocation.--Any amounts not awarded to a covered State because of a determination under paragraph (1) shall be deposited in the Community Reinvestment Fund established under section 4. (c) Expungement of Marijuana Offense Convictions.--Each Federal court shall issue an order expunging each conviction for a marijuana use or possession offense entered by the court before the date of enactment of this Act. (d) Sentencing Review.-- (1) In general.--For any individual who was sentenced to a term of imprisonment for a Federal criminal offense involving marijuana before the date of enactment of this Act and is still serving such term of imprisonment, the court that imposed the sentence, shall, on motion of the individual, the Director of the Bureau of Prisons, the attorney for the Government, or the court, conduct a sentencing hearing. (2) Potential reduced resentencing.--After a sentencing hearing under paragraph (1), a court may impose a sentence on the individual as if this Act, and the amendments made by this Act, were in effect at the time the offense was committed. (e) Right of Action.-- (1) In general.--An individual who is aggrieved by a disproportionate arrest rate or a disproportionate incarceration rate of a State may bring a civil action in an appropriate district court of the United States. (2) Relief.--In a civil action brought under this subsection in which the plaintiff prevails, the court shall-- (A) grant all necessary equitable and legal relief, including declaratory relief; and (B) issue an order requiring the Attorney General, acting through the Director of the Bureau of Justice Assistance, to-- (i) declare the State to be ineligible to receive any Federal funds for the construction or staffing of a prison or jail in accordance with subsection (b)(1)(A); and (ii) reduce grant funding of the State in accordance with subsection (b)(1)(B). SEC. 4. COMMUNITY REINVESTMENT FUND. (a) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Community Reinvestment Fund'' (referred to in this section as the ``Fund''). (b) Deposits.--The Fund shall consist of-- (1) any amounts not awarded to a covered State because of a determination under section 3(b)(1); and (2) any amounts otherwise appropriated to the Fund. (c) Use of Fund Amounts.--Amounts in the Fund shall be available to the Secretary of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs, which shall include providing grants to impacted communities for programs such as-- (1) job training; (2) reentry services; (3) expenses related to the expungement of convictions; (4) public libraries; (5) community centers; (6) programs and opportunities dedicated to youth; (7) the special purpose fund discussed below; and (8) health education programs. (d) Availability of Fund Amounts.--Amounts in the Fund shall be available without fiscal year limitation. (e) Authorization of Appropriations.--There are authorized to be appropriated to the Fund $500,000,000 for each of fiscal years 2018 through 2040.

Marijuana Justice Act of 2017 This bill amends the Controlled Substances Act: to remove marijuana and tetrahydrocannabinols from schedule I; and to eliminate criminal penalties for an individual who imports, exports, manufactures, distributes, or possesses with intent to distribute marijuana. It prohibits and reduces certain federal funds for a state without a statute legalizing marijuana, if the Bureau of Justice Assistance determines that such a state has a disproportionate arrest rate or disproportionate incarceration rate for marijuana offenses. The bill directs federal courts to expunge convictions for marijuana use or possession. Finally, it establishes in the Treasury the Community Reinvestment Fund. Amounts in the fund may be used by the Department of Housing and Urban Development to establish a grant program to reinvest in communities most affected by the war on drugs.

Marijuana Justice Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Communities Act of 2017''. SEC. 2. FINDINGS. The Congress finds the following: (1) Land use and public facility planning at both the State and local levels have not had adequate financial resources to fully incorporate the threats posed both by natural and human- caused disasters, including acts of terrorism. Too frequently this has resulted in costly disaster relief programs and piecemeal, ad hoc security responses, such as unattractive physical barriers that disrupt and adversely impact the physical, social, economic, and civic lives in United States communities. (2) Although land use planning is rightfully within the jurisdiction of State and local governments, encouraging community safety by incorporating disaster mitigation and emergency preparedness into comprehensive land use planning and urban development should be supported by the Federal Government and State governments. (3) Disaster response and relief efforts impose significant costs to United States taxpayers. Federal expenditure is heavily weighted to post-disaster recovery, rather than mitigation. Planning should be undertaken to prevent property damage and human casualties, proactively incorporating mitigation strategies and methods from the professional fields of urban, community, and regional planning (including transportation and land use), architecture, landscape architecture, and urban design. (4) Disaster planning has traditionally been biased toward facilitating efficient responses and recovery, potentially to the detriment of other planning goals. Comprehensive planning can incorporate a range of effective practices for reducing risks posed by natural disasters and terrorist acts. The Federal Government and States should provide a supportive climate and statutory context for comprehensive planning. (5) Many States have land use statutes that do not currently support comprehensive planning for safe communities, and many States are undertaking efforts to update and reform statutes to better enable planning efforts that incorporate long-term hazard mitigation and emergency preparedness. (6) Efforts to coordinate State and regional investments, including at-risk public infrastructure, with local plans require additional State level planning. (7) Comprehensive urban planning takes into account the relationship between land use, transportation systems, water and wastewater facilities, open space, and other critical infrastructure in promoting safe and economically viable communities. (8) Local governments should integrate safety considerations into comprehensive planning efforts. (9) Safe housing is an essential component of safe community development, and comprehensive planning should incorporate modern, scientific planning techniques to ensure that a broad range of safe housing options are available to all members of the Nation's communities. (10) Prevailing land use patterns often place people, structures, and environmental systems at great risk. Poorly regulated rural communities and small towns located on the metropolitan fringe often face significant growth pressures, resulting in haphazard development patterns that do not incorporate regional impacts on critical disaster-reduction systems, such as open space and wetlands. (11) The Federal Government and State governments should support the efforts of Tribal governments and Native Hawaiian organizations to implement land use planning and community development to improve the safety of housing and socioeconomic conditions for Indian Tribes and Native Hawaiians. SEC. 3. SAFE COMMUNITIES PLANNING GRANTS. (a) Grant Program Authorized.--The Secretary of Homeland Security shall establish a program to provide grants to States and local governments for the purpose of assisting in-- (1) the development or revision of land use planning statutes, and State or local comprehensive planning documents, in those States or local governments that either do not have land use planning statutes, or have inadequate or outmoded land use planning statutes and regulations, such that planning efforts have not adequately incorporated strategies to mitigate natural and human-caused hazards, including acts of terror, or otherwise hinder coordination of comprehensive planning and emergency preparedness efforts; (2) the creation or revision of State land use planning statutes and local comprehensive land use plans or plan elements in those States or local governments that have land use planning statutes that incorporate risk-reduction and natural and human-caused hazard mitigation; and (3) the development or revision of comprehensive land use plans or plan elements for multi-State regions. (b) Eligibility.--To be eligible to receive a grant under subsection (a), a State or local planning director shall submit to the Secretary an application, in such form as the Secretary may require, that demonstrates to the Secretary that the basic goals of the State or local government regarding land use planning legislation or regulation are consistent with all of the following guidelines: (1) Citizen engagement.--Public notification, citizen representation, and stakeholder involvement in a consensus- based, multi-disciplinary planning process are required in developing, adopting, and updating land use plans. (2) Multi-jurisdictional cooperation.--In order to effectively assess the risks posed to communities by natural hazards and terrorist acts, planning legislation, comprehensive plans, and regulations are created based on multi- jurisdictional governmental cooperation. (3) Multi-agency coordination.--In order to effectively assess the risks posed to communities by natural hazards and terrorist acts, planning legislation, comprehensive plans, and regulations are created based on cooperation between Federal, State, and local government agencies. (4) Implementation elements.--Land use plans contain an implementation element that-- (A) includes a timetable for action and a definition of the respective roles and responsibilities of agencies, local governments, and citizens of the State; (B) is consistent with State and local capital budget objectives; and (C) provides the framework for decisions relating to the siting of future infrastructure development, including development of utilities and utility distribution systems. (5) Comprehensive planning.--There is comprehensive planning to encourage land use plans that incorporate risk assessment and mitigation into any of State or locally adopted-- (A) comprehensive plans; (B) urban design guidelines; (C) building codes; and (D) transportation plans, addressing both facility investment and operations. (6) Updating.--The State or local government addresses how comprehensive plans, including land use plans, urban design guidelines, building codes and transportation plans, will be updated over time. (7) Standards.--Comprehensive plans reflect an approach that is consistent with established professional planning standards. (c) Use of Grant Funds.--Grant funds received by a State or local government under subsection (a) shall be used for one or more of the following purposes: (1) Developing a comprehensive land use plan and integrating natural hazard mitigation and security plan elements into locally adopted and statewide comprehensive plans. (2) Assessing, inventorying, or mapping critical public infrastructure for use in developing land use and community development policies. (3) Developing geographical information systems, including technology acquisition, data development, modernization, coordination, and technical assistance. (4) Acquiring and developing scenario planning, risk assessment, or vulnerability analysis technology. (5) Reviewing and updating building codes, zoning, land use regulations, and State-level enabling legislation. (6) Implementing CPTED (Crime Prevention Through Environmental Design) initiatives. (7) Assessing risk and vulnerability, particularly related to land use. (8) Incorporating mitigation and security elements in transportation plans, facilities, and operations. (9) Incorporating regional security plans with regional transportation or land use plans. (10) Encouraging interagency cooperation, particularly between first-responders and State and local planning agencies. (11) Identifying natural hazard areas and integrating them into updates of comprehensive plans, land use regulations, zoning, and building codes. (d) Amount of Grant.--The amount of a grant under subsection (a) shall not exceed $1,125,000. (e) Cost-Sharing.-- (1) In general.--Except as provided in paragraph (2), the Federal share of a project funded with a grant under subsection (a) shall not exceed 90 percent. (2) Increased federal share.--The Secretary may increase the Federal share in the case of a grant to a Tribal government or Native Hawaiian organization if the Secretary finds that the Tribal government or Native Hawaiian organization does not have sufficient funds to contribute to the project. (f) Coordination.--The Secretary shall encourage Federal land management agencies to coordinate land use planning for Federal land with the State or local planning director responsible for the drafting and updating of State guide plans or guidance documents regulating land use and infrastructure development on a statewide basis. (g) Audits.-- (1) In general.--The Inspector General of the Department of Homeland Security shall conduct an audit of a portion of the grants provided under this section to ensure that all funds provided under the grants are used for the purposes specified in this section. (2) Use of audit results.--The results of audits conducted under paragraph (1) and any recommendations made in connection with the audits shall be taken into consideration in awarding any future grant under this section to a State. (h) Definitions.--In this section, the following definitions apply: (1) Land use planning legislation.--The term ``land use planning legislation'' means a statute, regulation, Executive order, or other action taken by a State or local government to guide, regulate, and assist in the planning, regulation, and management of land, natural resources, development practices, and other activities related to the pattern and scope of future land use. (2) Comprehensive plan.--The term ``comprehensive plan'' means a binding or non-binding planning document adopted for the purpose of regulation and management of land, natural resources, development practices, infrastructure investments, and other activities related to the pattern and scope of future land use and urban development. (3) State.--The term ``State'' means any of the following: (A) One of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands. (B) A Tribal government. (C) A Native Hawaiian organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)). (4) State planning director.--The term ``State planning director'' means a State official designated by statute or by the chief executive officer of the State whose principal responsibility is the drafting and updating of State guide plans or guidance documents that regulate land use and development on a statewide basis. (5) Local planning director.--The term ``local planning director'' means a local official designated by statute, by the mayor, or by the city council whose principal responsibility is the drafting and updating of local comprehensive plans or guidance documents that regulate land use and development within the local government's jurisdiction. (6) Tribal government.--The term ``Tribal government'' means the Tribal government of an Indian Tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). SEC. 4. SAFE COMMUNITIES PLANNING RESEARCH. (a) Research Program Authorized.--The Secretary of Homeland Security, in coordination with governmental, nongovernmental, university, and commercial partners, shall conduct research and analysis of the best practices in comprehensive land use and community planning that aims to reduce threats posed by natural hazards and acts of terrorism, focusing on-- (1) the integration of Federal facility security with local and regional plans, codes, and regulations; (2) examination of the impacts of security strategies, facilities, and design on the overall physical and social environment of a community, including the functionality and accessibility of its streets, neighborhoods, civic and commercial building, and public spaces; and (3) integration of comprehensive mapping and risk- assessment tools and strategies. (b) Report to Congress.--Not later than 2 years after the date of enactment of this Act, the Secretary shall report to Congress on best practices in community security and safety planning, including-- (1) an evaluation of land use and development codes and ordinances that aim to reduce the risks posed by natural hazards and acts of terrorism; (2) an evaluation of software and other tools that have been developed to aide communities in planning for safe development; (3) an evaluation of codes, ordinances, security design standards, and design tools that aim to encourage safe planning in the siting and design of residential development; and (4) an evaluation of best practices in incorporating safety and security into infrastructure planning, including water, wastewater, and storm water facilities, transportation systems, and electricity generation and distribution facilities. In determining best practices, the Secretary shall take into consideration regional, State, and local differences, and shall evaluate practices in terms of risk-reduction and cost. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this section $57,250,000 for each of the fiscal years 2019 through 2023, of which-- (1) $56,250,000 shall be used for making grants under section 3; and (2) $300,000 shall be used to carry out section 4.

Safe Communities Act of 2017 This bill directs the Department of Homeland Security (DHS) to provide grants to assist states and local governments in: (1) the development or revision of land use planning statutes and state or local comprehensive planning documents, (2) the creation or revision of state land use planning statutes and local comprehensive land use plans that incorporate risk reduction and hazard mitigation, and (3) the development or revision of comprehensive land use plans or plan elements for multi-state regions. The bill sets forth eligibility criteria for grant recipients and allowable uses of grant funds. DHS shall conduct research and analysis of best practices in comprehensive land use and community planning that aims to reduce threats posed by natural hazards and acts of terrorism.

Safe Communities Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Mammal Rescue Assistance Amendments of 2009''. SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE. (a) Collection and Updating of Information.--Section 402(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421a(b)(1)(A)) is amended by inserting ``or entangled'' after ``stranded''. (b) Entanglement Response Agreements.-- (1) In general.--Section 403 of that Act (16 U.S.C. 1421b) is amended-- (A) by striking the section heading and inserting the following: ``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.'' ; and (B) by striking ``stranding.'' in subsection (a) and inserting ``stranding or entanglement.''. (2) Clerical amendment.--The table of contents for title IV of that Act is amended by striking the item relating to section 403 and inserting the following: ``Sec. 403. Stranding or entanglement response agreements.''. (c) Liability.--Section 406(a) of such Act (16 U.S.C. 1421e(a)) is amended by inserting ``or entanglement'' after ``stranding''. (d) Entanglement Defined.-- (1) In general.--Section 410 of such Act (16 U.S.C. 1421h) is amended-- (A) by redesignating paragraphs (1) through (6) as paragraphs (2) through (7), respectively; and (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) The term `entanglement' means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to it and is-- ``(A) on a beach or shore of the United States; or ``(B) in waters under the jurisdiction of the United States.''. (2) Conforming amendment.--Section 408(a)(2)(B)(i) of such Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking ``section 410(6)'' and inserting ``section 410(7)''. (e) Unusual Mortality Event Funding.--Section 405 of such Act (16 U.S.C. 1421d) is amended-- (1) by striking ``to compensate persons for special costs'' in subsection (b)(1)(A)(i) and inserting ``to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs''; (2) by striking ``preparing and transporting'' in subsection (b)(1)(A)(ii) and inserting ``the preparation, analysis, and transportation of''; (3) by striking ``event for'' in subsection (b)(1)(A)(ii) and inserting ``event, including such transportation for''; (4) by striking ``and'' after the semicolon in subsection (c)(2); (5) by striking ``subsection (d).'' in subsection (c)(3) and inserting ``subsection (d); and''; and (6) by adding at the end of subsection (c) the following: ``(4) up to $500,000 per fiscal year (as determined by the Secretary) from amounts appropriated to the Secretary for carrying out this title and the other titles of this Act.''. (f) John H. Prescott Marine Mammal Rescue and Response Funding Program.-- (1) Authorization of appropriations.--Section 408(h) of such Act (16 U.S.C. 1421f-1(h)) is amended to read as follows: ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section, other than subsection (a)(3), $7,000,000 for each of fiscal years 2010 through 2014, to remain available until expended, of which-- ``(A) $6,000,000 may be available to the Secretary of Commerce; and ``(B) $1,000,000 may be available to the Secretary of the Interior. ``(2) Rapid response fund.--There are authorized to be appropriated to the John H. Prescott Marine Mammal Rescue and Rapid Response Fund established by subsection (a)(3), $500,000 for each of fiscal years 2010 through 2014. ``(3) Additional rapid response funds.--There shall be deposited into the Fund established by subsection (a)(3) up to $500,000 per fiscal year (as determined by the Secretary) from amounts appropriated to the Secretary for carrying out this title and the other titles of this Act.''. (2) Administrative costs and expenses.--Section 408(f) of such Act (16 U.S.C. 1421f-1(f)) is amended to read as follows: ``(f) Administrative Costs and Expenses.--Of the amounts available each fiscal year to carry out this section, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative costs and administrative expenses to implement the program under subsection (a). Any such funds retained by the Secretary for a fiscal year for such costs and expenses that are not used for such costs and expenses before the end of the fiscal year shall be provided under subsection (a).''. (3) Emergency assistance.--Section 408 of such Act (16 U.S.C. 1421f-1) is amended-- (A) by striking so much of subsection (a) as precedes paragraph (2) and inserting the following: ``(a) In General.--(1) Subject to the availability of appropriations, the Secretary shall conduct a program to be known as the John H. Prescott Marine Mammal Rescue and Response Funding Program, to provide for the recovery or treatment of marine mammals, the collection of data from living or dead stranded or entangled marine mammals for scientific research regarding marine mammal health, facility operation costs that are directly related to those purposes, and stranding or entangling events requiring emergency assistance. All funds available to implement this section shall be distributed to eligible stranding network participants for the purposes set forth in this paragraph and paragraph (2), except as provided in subsection (f).''; (B) by redesignating paragraph (2) as paragraph (4) and inserting after paragraph (1) the following: ``(2) Contract authority.--To carry out the activities set out in paragraph (1), the Secretary may enter into grants, cooperative agreements, contracts, or such other agreements or arrangements as the Secretary deems appropriate. ``(3) Prescott rapid response fund.--There is established in the Treasury an interest bearing fund to be known as the `John H. Prescott Marine Mammal Rescue and Rapid Response Fund', which shall consist of a portion of amounts deposited into the Fund under subsection (h) or received as contributions under subsection (i), and which shall remain available until expended without regard to any statutory or regulatory provision related to the negotiation, award, or administration of any grants, cooperative agreements, and contracts.''; (C) by striking ``designated as of the date of the enactment of the Marine Mammal Rescue Assistance Act of 2000, and in making such grants'' in paragraph (4), as redesignated, and inserting ``as defined in subsection (g)(3). The Secretary''; and (D) by striking ``subregions.'' in paragraph (4), as redesignated, and inserting ``subregions where such facilities exist.''; (E) by striking subsections (d) and (e) and inserting the following: ``(d) Limitation.-- ``(1) In general.--Support for an individual project under this section may not exceed $200,000 for any 12-month period. ``(2) Unexpended funds.--Amounts provided as support for an individual project under this section that are unexpended or unobligated at the end of such period-- ``(A) shall remain available until expended; and ``(B) shall not be taken into account in any other 12-month period for purposes of paragraph (1). ``(e) Matching Requirement.-- ``(1) In general.--Except as provided in paragraph (2), the non-Federal share of the costs of an activity conducted with funds under this section shall be 25 percent of such Federal costs. ``(2) Waiver.--The Secretary shall waive the requirements of paragraph (1) with respect to an activity conducted with emergency funds disbursed from the Fund established by subsection (a)(3). ``(3) In-kind contributions.--The Secretary may apply to the non-Federal share of an activity conducted with a grant under this section the amount of funds, and the fair market value of property and services, provided by non-Federal sources and used for the activity.''; and (F) by redesignating paragraph (2) of subsection (g) as paragraph (3) and inserting after paragraph (1) the following: ``(2) Emergency assistance.--The term `emergency assistance' means assistance provided for a stranding or entangling event-- ``(A) that-- ``(i) is not an unusual mortality event as defined in section 409(7); ``(ii) leads to an immediate increase in required costs for stranding or entangling response, recovery, or rehabilitation in excess of regularly scheduled costs; ``(iii) may be cyclical or endemic; and ``(iv) may involve out-of-habitat animals; or ``(B) is found by the Secretary to qualify for emergency assistance.''. (4) Contributions.--Section 408 of such Act (16 U.S.C. 1421f-1) is amended by adding at the end the following: ``(i) Contributions.--For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action.''. (5) Conforming amendment.--The section heading for section 408 is amended to read as follows: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND RESPONSE FUNDING PROGRAM.''. (g) Authorization of Appropriations for Marine Mammal Unusual Mortality Event Fund.--Section 409 of such Act (16 U.S.C. 1421g) is amended-- (1) by striking ``1993 and 1994;'' in paragraph (1) and inserting ``2010 through 2014;''; (2) by striking ``1993 and 1994;'' in paragraph (2) and inserting ``2010 through 2014;''; and (3) by striking ``fiscal year 1993.'' in paragraph (3) and inserting ``each of fiscal years 2010 through 2014.''.

Marine Mammal Rescue Assistance Amendments of 2009 - Amends the Marine Mammal Protection Act of 1972 to require the collection and updating of existing practices and procedures for rescuing and rehabilitating stranded or entangled (under current law, only stranded) marine mammals. Authorizes entanglement response agreements. Broadens the sources and allowed uses of amounts in the Marine Mammal Unusual Mortality Event Fund. Renames the John H. Prescott Marine Mammal Rescue Assistance Grant Program as the John H. Prescott Marine Mammal Rescue and Response Funding Program and authorizes appropriations to it for FY2010-FY2014. Adds providing for stranding or entangling events requiring emergency assistance to the program's duties. Authorizes carrying out the program through grants, cooperative agreements, contracts, or other arrangements. Establishes in the Treasury the John H. Prescott Marine Mammal Rescue and Rapid Response Fund. Limits support for an individual project under the program to $200,000 for any 12-month period. (Current law limits support to $100,000 and makes no reference to a time period.) Defines the term "emergency assistance" as assistance for a stranding or entangling event that: (1) is not an unusual mortality event, leads to an immediate increase in required costs in excess of regularly scheduled costs, may be cyclical or endemic, and may involve out-of-habitat animals; or (2) is found to qualify for such assistance. Authorizes appropriations for FY2010-FY2014 for provisions of the Marine Mammal Protection Act of 1972 to protect and rescue stranded and entangled marine mammals, including the Marine Mammal Unusual Mortality Event Fund and the National Marine Mammal Tissue Bank.

A bill to amend the provisions of law relating to the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes.

SECTION 1. COMMUNITY INFORMATION STATEMENT. (a) Amendment of Subtitle D.--Subtitle C of the Solid Waste Disposal Act is amended by adding the following new section at the end thereof: ``SEC. 3024. COMMUNITY INFORMATION STATEMENT. ``(a) Regulations.--Not later than one year after the enactment of this section, the Administrator shall promulgate regulations to require the preparation of a community information statement as part of the permitting processes under this subtitle for any new off-site hazardous waste treatment or disposal facility. Each such statement shall be made available for public review. The final statement for any facility shall be available for public review before the earlier of (1) 60 days before a public hearing is conducted by the permitting authority regarding the proposed issuance of such permit or (2) the date one year after the date on which an independent contractor is selected under subsection (b). The permitting authority shall take the community information statement into account in making any final decision regarding the issuance of such permit and in establishing any conditions to be imposed in such permit. Such statement shall be a part of the record on which the permitting decision is based. ``(b) Selection of Independent Contractor to Prepare Statement.-- The community information statement required under this section shall be prepared by an independent contractor selected jointly, after consultation with concerned citizens, by the applicant for the permit and the chief elected official of the affected host community. If the applicant and chief elected official do not agree on the selection of any independent contractor within 30 days after the date on which the application for a permit under this section is filed, the permitting authority shall select the independent contractor to prepare the statement required under this section. ``(c) Costs.--The permitting authority shall impose and collect a fee on the submission of each application for a permit for which a statement under this section is required. The fee shall cover the reasonable costs of preparing the community information statement. ``(d) Requirements.--A community information statement meets the requirements of this section if such statement identifies and describes each of the following: ``(1) The effects of such facility on the host community, including the effects on the local economy and employment, housing, public safety and emergency preparedness, transportation systems, and recreational amenities and tourism in the area. ``(2) The types of wastes expected to enter the facility and the types of releases expected from the facility and any human health impacts associated with such wastes and with such releases. ``(3) The options or alternatives for mitigating any such impacts on the affected community. ``(4) The demographic characteristics of the affected host community according to race, ethnic background, and income. ``(5) The presence in the affected host community of any-- ``(A) existing solid waste treatment, storage, or disposal facility, or ``(B) site in which a release of hazardous substances (within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) has occurred and the extent to which such site has been remediated. ``(6) Permit applicant's record of compliance with State and Federal environmental regulations and laws, and the record of such compliance by any firm engaged to operate the facility or any firm which controls or is affiliated with the applicant, including any serious violations thereof. The community information statement prepared in connection with any facility shall not be subject to judicial review in any proceeding other than a proceeding brought to challenge the issuance of a permit for such facility. In any permitting proceeding respecting such facility the permitting authority shall take the statement into account, and in any such proceeding the statement shall be treated as satisfying the requirements of this section unless the statement contained material misstatements or omissions which affected the permitting authority's decision. ``(e) Definitions.--As used in this section-- ``(1) The term `new off site hazardous waste treatment or disposal facility' means a hazardous waste treatment or disposal facility which-- ``(A) accepts for treatment or disposal hazardous waste that is not generated at the site of such treatment or disposal, and ``(B) for which a permit is issued by a State agency under this subtitle after the date of promulgation of regulations under this section. Such term shall not include any facility existing on such date but shall include an expansion of such an existing facility if a new permit is required after such date for such expansion and if such expansion, together with all other expansions constructed after such date (or after the preparation of the last statement under this section with respect to such facility, whichever is later) increases the capacity of the facility by more than 50 percent. ``(2) The term `affected host community' means the county, municipality, town, or township or other general purpose unit of local government which has primary jurisdiction over the use of the land on which a facility is located or proposed to be located. ``(3) The term `independent contractor' means a person who has no financial or other potential conflict of interest in the outcome of a proceeding to determine whether or not a permit should be issued for a new off site facility for the treatment, storage, or disposal of hazardous waste.''. (b) Table of Contents.--The table of contents for subtitle C of such Act is amended by adding the following new item after the item relating to section 3023: ``Sec. 3024. Community information statement.''.

Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency to require the preparation of a community information statement as part of the permitting process applicable to any new off-site hazardous waste treatment or disposal facility. Requires such statement to describe: (1) the effects of the proposed facility on the host community; (2) the types of waste expected to enter the facility, the types of releases expected from the facility, and the human health impacts associated with such wastes and releases; (3) the alternatives for mitigating impacts on the community; (4) the demographic characteristics of the community; (5) the presence in the community of an existing solid waste treatment, storage, or disposal facility or site in which a hazardous substance release has occurred, and the extent to which the site has been remediated; and (6) the permit applicant's compliance with State and Federal environmental regulations and laws.

To amend subtitle C of the Solid Waste Disposal Act to require the preparation of a community information statement for new hazardous waste treatment or disposal facilities.

SECTION 1. OVERSIGHT OF BROKERS AND DEALERS. (a) Definitions.--Title I of the Sarbanes-Oxley Act of 2002 is amended by adding at the end the following new section: ``SEC. 110. DEFINITIONS. ``For the purposes of this title, and notwithstanding section 2: ``(1) Audit.--The term `audit' means an examination of the financial statements of any issuer, broker, or dealer by an independent public accounting firm in accordance with the rules of the Board or the Commission (or, for the period preceding the adoption of applicable rules of the Board under section 103, in accordance with then-applicable generally accepted auditing and related standards for such purposes), for the purpose of expressing an opinion on such statements. ``(2) Audit report.--The term `audit report' means a document or other record-- ``(A) prepared following an audit performed for purposes of compliance by an issuer, broker, or dealer with the requirements of the securities laws; and ``(B) in which a public accounting firm either-- ``(i) sets forth the opinion of that firm regarding a financial statement, report, or other document; or ``(ii) asserts that no such opinion can be expressed. ``(3) Professional standards.--The term `professional standards' means-- ``(A) accounting principles that are-- ``(i) established by the standard setting body described in section 19(b) of the Securities Act of 1933, as amended by this Act, or prescribed by the Commission under section 19(a) of that Act (15 U.S.C. 17a(s)) or section 13(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78a(m)); and ``(ii) relevant to audit reports for particular issuers, brokers, or dealers, or dealt with in the quality control system of a particular registered public accounting firm; and ``(B) auditing standards, standards for attestation engagements, quality control policies and procedures, ethical and competency standards, and independence standards (including rules implementing title II) that the Board or the Commission determines-- ``(i) relate to the preparation or issuance of audit reports for issuers, brokers, or dealers; and ``(ii) are established or adopted by the Board under section 103(a), or are promulgated as rules of the Commission. ``(4) Broker.--The term `broker' means a broker (as such term is defined in section 3(a)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4))) that is required to file a balance sheet, income statement, or other financial statement under section 17(e)(1)(A) of such Act (15 U.S.C. 78q(e)(1)(A)), where such balance sheet, income statement, or financial statement is required to be certified by a registered public accounting firm. ``(5) Dealer.--The term `dealer' means a dealer (as such term is defined in section 3(a)(5) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(5))) that is required to file a balance sheet, income statement, or other financial statement under section 17(e)(1)(A) of such Act (15 U.S.C. 78q(e)(1)(A)), where such balance sheet, income statement, or financial statement is required to be certified by a registered public accounting firm. ``(6) Self-regulatory organization.--The term `self- regulatory organization' has the same meaning as in section 3(a)(26) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(26)).''. (b) Establishment and Administration of the Public Company Accounting Oversight Board.--Section 101 of such Act is amended-- (1) by striking ``issuers'' each place it appears and inserting ``issuers, brokers, and dealers''; (2) in subsection (a), by striking ``public companies'' and inserting ``companies''; and (3) in subsection (a), by striking ``for companies the securities of which are sold to, and held by and for, public investors''. (c) Registration With the Board.--Section 102 of such Act is amended-- (1) by striking ``Beginning 180 days after the date of the determination of the Commission under section 101(d), it'' and inserting ``It''; (2) in subsections (a) and (b)(2)(G), by striking ``issuer'' each place it appears and inserting ``issuer, broker, or dealer''; and (3) by striking ``issuers'' and inserting ``issuers, brokers, and dealers''. (d) Auditing and Independence.--Section 103(a) of such Act is amended-- (1) in paragraph (1), by striking ``and such ethics standards'' and inserting ``such ethics standards, and such independence standards''; (2) in paragraph (2)(A)(iii), by striking ``describe in each audit report'' and inserting ``in each audit report for an issuer, describe''; and (3) in paragraph (2)(B)(i), by striking ``issuers'' and inserting ``issuers, brokers, and dealers''. (e) Inspections of Registered Public Accounting Firms.--Section 104 of such Act is amended-- (1) in subsection (a), by striking ``issuers'' and inserting ``issuers, brokers, and dealers''; (2) in subsection (b)(1)(A), by inserting before the semicolon the following ``or more than 100 brokers and dealers''; and (3) in subsection (b)(1)(B), by striking ``100 or fewer issuers'' and inserting ``issuers, brokers, or dealers, but is not described in subparagraph (A)''. (f) Investigations and Disciplinary Proceedings.--Section 105(c)(7)(B) of such Act is amended-- (1) by striking ``any issuer'' each place it appears and inserting ``any issuer, broker, or dealer''; and (2) by striking ``an issuer under this subsection'' and inserting ``a registered public accounting firm under this subsection''. (g) Foreign Public Accounting Firms.--Section 106 of such Act is amended-- (1) by striking ``issuer'' and inserting ``issuer, broker, or dealer''; and (2) by striking ``issuers'' and inserting ``issuers, brokers, or dealers''. (h) Funding.--Section 109 of such Act is amended-- (1) in subsection (c)(2), by striking ``subsection (i)'' and inserting ``subsection (j)''; (2) in subsection (d)(2), by striking ``allowing for differentiation among classes of issuers, as appropriate'' and inserting ``and among brokers and dealers that are not issuers, in accordance with subsection (h), and allowing for differentiation among classes of issuers and brokers and dealers, as appropriate''; (3) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and (4) by inserting after subsection (g) the following new subsection: ``(h) Allocation of Accounting Support Fees Among Brokers and Dealers.-- ``(1) In general.--Any amount due from brokers and dealers that are not issuers (or a particular class of such brokers and dealers) under this section to fund the budget of the Board shall be allocated among and payable by such brokers and dealers (or such brokers and dealers in a particular class, as applicable). A broker or dealer's allocation shall be in proportion to the broker or dealer's net capital compared to the total net capital of all brokers and dealers that are not issuers, in accordance with the rules of the Board. ``(2) Obligation to pay.--Every broker or dealer shall pay the share of a reasonable annual accounting support fee or fees allocated to such broker or dealer under this section.''. (i) Referral of Investigations to a Self-Regulatory Organization.-- Section 105(b)(4)(B) of the Sarbanes-Oxley Act of 2002 is amended-- (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (2) by inserting after clause (i) the following new clause: ``(ii) to a self-regulatory organization, in the case of an investigation that concerns an audit report for a broker or dealer that is subject to the jurisdiction of such self- regulatory organization;''. (j) Use of Documents Related to an Inspection or Investigation.-- Section 105(b)(5)(B)(ii) of such Act is amended-- (1) in subclause (III), by striking ``and''; (2) in subclause (IV), by striking the comma and inserting ``; and''; and (3) by inserting after subclause (IV) the following new subclause: ``(V) a self-regulatory organization, with respect to an audit report for a broker or dealer that is subject to the jurisdiction of such self-regulatory organization,''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall take effect 180 days after the date of the enactment of this Act.

Amends the Sarbanes-Oxley Act of 2002 to extend the regulatory jurisdiction of the Public Company Accounting Oversight Board to audit reports prepared by a domestic registered or foreign public accounting firm regarding issuers, brokers and dealers, and any companies subject to securities laws (currently only issuers and public companies). Directs the Board to: (1) establish standards for independence to be used by a registered public accounting firm; and (2) conduct annual inspections to assess compliance of each registered public accounting firm that regularly provides audit reports for more than 100 brokers and dealers. Declares it shall be unlawful for any person that is suspended or barred from being associated with a registered public accounting firm to willfully become, or remain associated with any broker or dealer (as well as, under current law, any issuer) in an accountancy or financial management capacity. Prescribes a formula for mandatory allocation among non-issuer brokers and dealers of accounting support fees due from them to fund the budget of the Board. Authorizes the Board to: (1) refer an investigation to a self-regulatory organization if the investigation concerns an audit report for a broker or dealer subject to the organization's jurisdiction; and (2) make available to the organization documents or information related to such an investigation or an inspection.

To amend the Sarbanes-Oxley Act of 2002 to provide oversight of auditors of brokers and dealers by the Public Company Accounting Oversight Board, and for other purposes.

SECTION. 1. EXEMPTION FOR ASBESTOS-RELATED SETTLEMENT FUNDS. (a) Exemption for Asbestos-Related Settlement Funds.--Subsection (b) of section 468B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Exemption from tax for asbestos-related settlement funds.--Notwithstanding paragraph (1), no tax shall be imposed under this section or any other provision of this subtitle on any settlement fund to which this section or the regulations thereunder applies that is established for the principal purpose of resolving and satisfying present and future claims relating to asbestos.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 468B(b) of such Code is amended by striking ``There'' and inserting ``Except as provided in paragraph (6), there''. (2) Subsection (g) of section 468B of such Code is amended by inserting ``(other than subsection (b)(6))'' after ``Nothing in any provision of law''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after December 31, 2000. SEC. 2. MODIFY TREATMENT OF ASBESTOS-RELATED NET OPERATING LOSSES. (a) Asbestos-Related Net Operating Losses.--Subsection (f) of section 172 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for asbestos liability losses.-- ``(A) In general.--At the election of the taxpayer, the portion of any specified liability loss that is attributable to asbestos may, for purposes of subsection (b)(1)(C), be carried back to the taxable year in which the taxpayer, including any predecessor corporation, was first involved in the production or distribution of products containing asbestos and each subsequent taxable year. In determining its specified liability losses attributable to asbestos, the taxpayer may elect to take into account payments of related parties attributable to asbestos-related products produced or distributed by the taxpayer. ``(B) Coordination with credits.--If a deduction is allowable for any taxable year by reason of a carryback described in subparagraph (A)-- ``(i) the credits allowable under part IV (other than subpart C) of subchapter A shall be determined without regard to such deduction, and ``(ii) the amount of taxable income taken into account with respect to the carryback under subsection (b)(2) for such taxable year shall be reduced by an amount equal to-- ``(I) the increase in the amount of such credits allowable for such taxable year solely by reason of clause (i), divided by ``(II) the maximum rate of tax under section 1 or 11 (whichever is applicable) for such taxable year. ``(C) Carryforwards taken into account before asbestos-related deductions.--For purposes of this section-- ``(i) in determining whether a net operating loss carryforward may be carried under subsection (b)(2) to a taxable year, taxable income for such year shall be determined without regard to the deductions referred to in paragraph (1)(A) with respect to asbestos, and ``(ii) if there is a net operating loss for such year after taking into account such carryforwards and deductions, the portion of such loss attributable to such deductions shall be treated as a specified liability loss that is attributable to asbestos. ``(D) Limitation.--The amount of reduction in income tax liability arising from the election described in subparagraph (A) that exceeds the amount of reduction in income tax liability that would have resulted if the taxpayer utilized the 10-year carryback period under subsection (b)(1)(C) shall be devoted by the taxpayer solely to asbestos claimant compensation and related costs, through a settlement fund or otherwise. ``(E) Coordination with other carryback limitations.--The amount of asbestos-related specified liability loss that may be absorbed in a prior taxable year (and the amount of refund attributable to such loss absorption) shall be determined without regard to any limitation under section 381, 382, or 1502 or the regulations thereunder. ``(F) Predecessor corporation.--For purposes of this paragraph, a predecessor corporation shall include a corporation that transferred or distributed assets to the taxpayer in a transaction to which section 381(a) applies or that distributed the stock of the taxpayer in a transaction to which section 355 applies.''. (b) Conforming Amendment.--Paragraph (7) of section 172(f) of such Code, as redesignated by this section, is amended by striking ``10- year''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending on or after December 31, 2000.

Amends Internal Revenue Code provisions concerning designated settlement funds to exempt from tax any designated settlement fund established for the principal purpose of resolving and satisfying present and future claims relating to asbestos. Sets forth special rules concerning asbestos liability losses.

To amend the Internal Revenue Code of 1986 to provide relief for payment of asbestos-related claims.

SECTION 1. DEFINITIONS. For the purposes of this act, the following definitions apply: (1) Jicarilla apache nation.--The term ``Jicarilla Apache Nation'' means the Jicarilla Apache Nation, a tribe of American Indians recognized by the United States and organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 476; popularly known as the Indian Reorganization Act). (2) 1988 reservation addition.--The term ``1988 Reservation Addition'' means those lands known locally as the Theis Ranch that were added to the Jicarilla Apache Reservation in the state of New Mexico by the proclamation of the Secretary of the Interior issued on September 1, 1988 pursuant to authority granted by section 7 of the Act of June 18, 1934 (25 U.S.C. 467; popularly known as the Indian Reorganization Act), and published in the Federal Register on September 26, 1988 at 53 F.R. 37355-56. (3) Settlement agreement.--The term ``Settlement Agreement'' means the agreement executed by the President of the Jicarilla Apache Nation on May 6, 2003 and executed by the Chairman of the Rio Arriba Board of County Commissioners on May 15, 2003 and approved by the Department of the Interior on June 18, 2003 to settle the Lawsuit. (4) Lawsuit.--The term ``Lawsuit'' means the case identified as Jicarilla Apache Tribe v. Board of County Commissioners, County of Rio Arriba, No. RA 87-2225(C), State of New Mexico District Court, First Judicial District, filed in October 1987. (5) Rio arriba county.--The term ``Rio Arriba County'' means the political subdivision of the state of New Mexico described in Section 4-21-1 and Section 4-21-2, New Mexico Statutes Annotated 1978 (Original Pamphlet). (6) Settlement lands.--The term ``Settlement Lands'' means Tract A and Tract B as described in the plat of the ``Dependent Resurvey and Survey of Tract within Theis Ranch'' within the Tierra Amarilla Grant, New Mexico prepared by Leo P. Kelley, Cadastral Surveyor, United States Department of the Interior, Bureau of Land Management, dated January 7, 2004, and recorded in the office of the Rio Arriba County Clerk on March 8, 2004, in Cabinet C-1, Page 199, Document No. 242411, consisting of 70.75 acres more or less. Title to the Settlement Lands is held by the United States in trust for the Jicarilla Apache Nation. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Disputed county road.--The term ``Disputed County Road'' means the county road passing through the 1988 Reservation Addition along the course identified in the judgment entered by the New Mexico District Court in the Lawsuit on December 10, 2001 and the decision entered on December 11, 2001, which judgment and decision have been appealed to the New Mexico Court of Appeals. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) The lands constituting the 1988 Reservation Addition to the Jicarilla Apache Reservation were purchased by the Jicarilla Apache Nation in June 1985 and were conveyed to the United States by a trust deed accepted by the Secretary of the Interior in March 1988 pursuant to authority granted by section 5 of the Act of June 18, 1934 (25 U.S.C. 465; popularly known as the Indian Reorganization Act). (2) The lands constituting the 1988 Reservation Addition were added to the Jicarilla Apache Reservation in September 1988 by proclamation of the Secretary of the Interior pursuant to authority granted by section 7 of the Act of June 18, 1934 (25 U.S.C. 467; popularly known as the Indian Reorganization Act). (3) There is pending before the Court of Appeals of the State of New Mexico a lawsuit, filed in October 1987, that involves a claim that a county road passing through the 1988 Reservation Addition had been established by prescription prior to acquisition of the land by the Jicarilla Apache Nation in 1985. (4) The parties to that lawsuit, the Jicarilla Apache Nation and the County of Rio Arriba, have executed a Settlement Agreement, approved by the Secretary of the Interior, to resolve all claims relating to the disputed county road, which agreement requires ratifying legislation by the Congress of the United States. (5) The parties to the Settlement Agreement desire to settle the claims relating to the disputed county road on the terms agreed to by the parties, and it is in the best interests of the parties to resolve the claims through the Settlement Agreement and this implementing legislation. SEC. 3. CONDITION ON EFFECT OF SECTION. (a) In General.--Section 4 of this Act shall not take effect until the Secretary finds the following events have occurred: (1) The Board of Commissioners of Rio Arriba County has enacted a resolution permanently abandoning the disputed county road and has submitted a copy of that resolution to the Secretary. (2) The Jicarilla Apache Nation has executed a quitclaim deed to Rio Arriba County for the Settlement Lands subject to the exceptions identified in the Settlement Agreement and has submitted a copy of the quitclaim deed to the Secretary. (b) Publication of Findings.--If the Secretary finds that the conditions set forth in subsection (a) have occurred, the Secretary shall publish such findings in the Federal Register. SEC. 4. RATIFICATION OF CONVEYANCE; ISSUANCE OF PATENT. (a) Conditional Ratification and Approval.--This Act ratifies and approves the Jicarilla Apache Nation's quitclaim deed for the Settlement Lands to Rio Arriba County, but such ratification and approval shall be effective only upon satisfaction of all conditions in section 3, and only as of the date that the Secretary's findings are published in the Federal Register pursuant to section 3. (b) Patent.--Following publication of the notice described in section 3, the Secretary shall issue to Rio Arriba County a patent for the Settlement Lands, subject to the exceptions and restrictive covenants described subsection (c). (c) Conditions of Patent.--The patent to be issued by the Secretary under subsection (b) shall be subject to all valid existing rights of third parties, including but not limited to easements of record, and shall include the following perpetual restrictive covenant running with the Settlement Lands for the benefit of the lands comprising the Jicarilla Apache Reservation adjacent to the Settlement Lands: ``Tract A shall be used only for governmental purposes and shall not be used for a prison, jail or other facility for incarcerating persons accused or convicted of a crime. For purposes of this restrictive covenant, `governmental purposes' shall include the provision of governmental services to the public by Rio Arriba County and the development and operation of private businesses to the extent permitted by applicable State law.''. SEC. 5. BOUNDARY CHANGE. Upon issuance of the patent authorized by section 4, the lands conveyed to Rio Arriba County in the patent shall cease to be a part of the Jicarilla Apache Reservation and the exterior boundary of the Jicarilla Apache Reservation shall be deemed relocated accordingly. Passed the House of Representatives September 27, 2006. Attest: KAREN L. HAAS, Clerk.

States that the ratification and approval of the Jicarilla Apache Nation's deed for specified settlement lands and the issuance of a patent pursuant to this Act shall not take effect until the Secretary of the Interior finds the following events have occurred: (1) the Board of Commissioners of the Rio Arriba County, New Mexico, has enacted a resolution permanently abandoning a specified disputed county road and has submitted a copy of that resolution to the Secretary; and (2) the Jicarilla Apache Nation has executed a quitclaim deed to Rio Arriba County for specified settlement lands subject to the exceptions identified in the Settlement Agreement and has submitted a copy of such deed to the Secretary. Requires the Secretary to publish such findings in the Federal Register. Ratifies and approves the Jicarilla Apache Nation's quitclaim deed for the settlement lands to the County, but such ratification and approval shall be effective only upon satisfaction of all conditions specified above and only as of the date that the Secretary's findings are published in the Federal Register. Requires the Secretary to issue to the County a patent for the settlement lands. Subjects the patent to all valid existing rights of third parties, including but not limited to easements of record. Requires that the patent include a specified perpetual restrictive covenant running with the Settlement Lands for the benefit of the lands comprising the Jicarilla Apache Reservation adjacent to the Settlement Lands. Provides that the lands conveyed to the County in such patent shall cease to be a part of the Jicarilla Apache Reservation and the exterior boundary of the Reservation shall be deemed relocated accordingly.

To ratify a conveyance of a portion of the Jicarilla Apache Reservation to Rio Arriba County, State of New Mexico, pursuant to the settlement of litigation between the Jicarilla Apache Nation and Rio Arriba County, State of New Mexico, to authorize issuance of a patent for said lands, and to change the exterior boundary of the Jicarilla Apache Reservation accordingly, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Tax Rate Reduction Act of 1999''. (b) Section 15 Not To Apply.--The amendments made by section 2 shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. 5 PERCENTAGE POINT REDUCTION IN 15 AND 28 PERCENT INDIVIDUAL INCOME TAX RATES OVER 10 YEARS. (a) In General.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $43,050............... 14.5% of taxable income. Over $43,050 but not over $104,050. $6,242.25, plus 27.5% of the excess over $43,050 Over $104,050 but not over $158,550. $23,017.25, plus 31% of the excess over $104,050 Over $158,550 but not over $283,150. $39,912.25, plus 36% of the excess over $158,550 Over $283,150.................. $84,768.25, plus 39.6% of the excess over $283,150 ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $34,550............... 14.5% of taxable income. Over $34,550 but not over $89,150. $5,009.75, plus 27.5% of the excess over $34,550 Over $89,150 but not over $144,400. $20,024.75, plus 31% of the excess over $89,150 Over $144,400 but not over $283,150. $37,152.25, plus 36% of the excess over $144,400 Over $283,150.................. $87,102.25, plus 39.6% of the excess over $283,150 ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $25,570............... 14.5% of taxable income. Over $25,570 but not over $62,450. $3,707.65, plus 27.5% of the excess over $25,570 Over $62,450 but not over $130,250. $13,849.65, plus 31% of the excess over $62,450 Over $130,250 but not over $283,150. $34,867.65, plus 36% of the excess over $130,250 Over $283,150.................. $89,911.65, plus 39.6% of the excess over $283,150 ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $21,525............... 14.5% of taxable income. Over $21,525 but not over $52,025. $3,121.12, plus 27.5% of the excess over $21,525 Over $52,025 but not over $79,275. $11,508.62, plus 31% of the excess over $52,025 Over $79,275 but not over $141,575. $19,956.12, plus 36% of the excess over $79,275 Over $141,575.................. $42,384.12, plus 39.6% of the excess over $141,575 ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 14.5% of taxable income. Over $1,750 but not over $4,050 $253.75, plus 27.5% of the excess over $1,750 Over $4,050 but not over $6,200 $886.25, plus 31% of the excess over $4,050 Over $6,200 but not over $8,450 $1,552.75, plus 36% of the excess over $6,200 Over $8,450.................... $2,362.75, plus 39% of the excess over $8,450 (b) Additional Reductions After 1999.-- (1) In general.--Paragraph (7) of section 1(f) of such Code is amended to read as follows: ``(7) Phasein of 5 percentage point rate reduction in lower brackets.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 1999, the corresponding percentages specified for such calendar year in the following table shall be substituted for 14.5% and 27.5%, respectively, in subsections (a), (b), (c), (d), and (e). ------------------------------------------------------------------------ The corresponding percentage shall be In the case of taxable substituted for the years beginning during following calendar year: percentages: --------------------- 14.5% 27.5% ------------------------------------------------------------------------ 2000...................... 14.0% 27.0% 2001...................... 13.5% 26.5% 2002...................... 13.0% 26.0% 2003...................... 12.5% 25.5% 2004...................... 12.0% 25.0% 2005...................... 11.5% 24.5% 2006...................... 11.0% 24.0% 2007...................... 10.5% 23.5% 2008 or thereafter........ 10.0% 23.0%.'' ------------------------------------------------------------------------ (2) Technical amendments.-- (A) Subparagraph (B) of section 1(f)(2) of such Code is amended by inserting ``except as provided in paragraph (7),'' before ``by not changing''. (B) Subparagraph (C) of section 1(f)(2) of such Code is amended by inserting ``and the reductions under paragraph (7) in the rates of tax'' before the period. (C) The heading for subsection (f) of section 1 of such Code is amended by inserting ``Rate Reductions;'' before ``Adjustments''. (D) Subparagraph (B) of section 1(g)(7) of such Code is amended-- (i) by striking ``15 percent'' in clause (ii)(II) and inserting ``the applicable first bracket percentage'', and (ii) by adding at the end the following flush sentence: ``For purposes of clause (ii), the applicable first bracket percentage is the percentage applicable to the lowest income bracket in the table contained in subsection (c).'' (E) Section 1(h) of such Code is amended-- (i) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``23 percent'', and (ii) by striking paragraph (13). (F) Section 3402(p)(1)(B) of such Code is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``7 percent, a percentage applicable to any income bracket in the table contained in section 1(c) other than the highest 2 brackets,''. (G) Section 3402(p)(2) of such Code is amended by striking ``15 percent'' and inserting ``the applicable first bracket percentage (as defined in section 1(g)(7))''. (H) Section 3402(q)(1) of such Code is amended by striking ``28 percent of such payment.'' and inserting ``the applicable percentage of such payment. For purposes of the preceding sentence, the applicable percentage is the percentage applicable to the next to the lowest income bracket in the table contained in section 1(c).'' (c) Inflation Adjustment Conforming Amendments.-- (1) Subsection (f) of section 1 of such Code is amended-- (A) by striking ``1993'' in paragraph (1) and inserting ``1999'', and (B) by striking ``1992'' in paragraph (3)(B) and inserting ``1998''. (2) The following provisions of such Code are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (3) Subclause (II) of section 42(h)(6)(G)(i) of such Code is amended by striking ``1987'' and inserting ``1998''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Amendments to withholding provisions.--The amendments made by subparagraphs (F), (G), and (H) of subsection (b)(2) shall apply to amounts paid after the date of the enactment of this Act.

Tax Rate Reduction Act of 1999 - Amends the Internal Revenue Code to reduce the 15 and 28 percent individual income tax rates to 10 and 23 percent over a ten-year period.

Tax Rate Reduction Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia and Herzegovina-American Enterprise Fund Act''. SEC. 2. PURPOSE AND FINDINGS. (a) Purpose.--The purpose of this Act is to support economic opportunity and political progress in Bosnia and Herzegovina through the creation of an enterprise fund that will provide financial investment and technical assistance to small and medium-sized enterprises. (b) Findings.--Congress makes the following findings: (1) The United States has a strong interest in ensuring the gains in stability and reconciliation made since the end of the Bosnian War in 1995 are not overtaken by difficult economic conditions. (2) In 2014, protests broke out across Bosnia and Herzegovina as a result of widespread frustration among the populace regarding the economy, which is currently experiencing an unemployment rate of more than 40 percent. (3)(A) A crucial element for economic progress in Bosnia and Herzegovina is robust growth among small and medium-sized enterprises (SMEs), which have struggled to access necessary financing. (B) Although the private sector credit-to-GDP ratio in Bosnia and Herzegovina grew from 25 percent in 2001 to over 65 percent in 2008, it has failed to grow in the 7 years since, and is significantly less than the average for advanced economies. (C) Bank lending, which grew similarly rapidly before 2008, has grown barely more than 1 percent per year since then. (D) International financial institutions and foreign-owned private investment funds active in Bosnia and Herzegovina have provided growth finance for larger companies and infrastructure project financing, but have not substantially invested in SMEs. (4)(A) Bosnia and Herzegovina's demographic, income and geographic characteristics are promising for SME growth. (B) Bosnia and Herzegovina is a market of almost 4,000,000 people, whose per capita income has grown by almost 50 percent in less than a decade, and substantial growth remains in order to achieve income parity with its Balkan neighbor economies. (C) Bosnia and Herzegovina currently imports almost $10,000,000,000 of goods per year, a substantial portion of which could be substituted for by domestic SME production. (5) To help foster and support the fledgling private sector in Central and Eastern Europe after the fall of the Berlin Wall, Congress, through enactment of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) and the FREEDOM Support Act (22 U.S.C. 5801 et seq.), authorized nearly $1,200,000,000 for the United States Agency for International Development (USAID) to establish 10 new investment funds (collectively known as the ``Enterprise Funds'') to both support economic development objectives and realize substantial financial returns. (6) The Enterprise Funds-- (A) channeled approximately $10,000,000,000 of public and private funding into more than 500 enterprises in 19 countries; (B) leveraged $6,900,000,000 in private investment capital from outside the United States Government; (C) provided substantial development capital where supply was limited; (D) created or sustained more than 300,000 jobs through investment and development activities; (E) funded $80,000,000 in technical assistance to strengthen the private sector; and (F) are expected to recoup 177 percent of the original USAID funding. (7) Enterprise funds established in partnership with United States partners, such as Poland, Hungary, Albania, Russia, and other European countries, have proven beneficial to the economies of such countries. (8) Creating a similar fund in close partnership with the people of Bosnia and Herzegovina would help sustain and expand economic reform efforts in Bosnia and Herzegovina and empower entrepreneurs to create urgently needed employment opportunities. (9) Establishing an enterprise fund for Bosnia and Herzegovina would-- (A) help improve financial institutions within the country; (B) provide debt, equity, and other investment vehicles for commercially viable SMEs; and (C) make the investment environment more attractive to domestic and international investors. SEC. 3. PURPOSES OF BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND. The purposes of the Bosnia and Herzegovina-American Enterprise Fund are-- (1) to promote the private sector in Bosnia and Herzegovina, while considering the development impact of investments and profitability of those investments, particularly in small and medium-sized enterprises, and joint ventures with participants from the United States and Bosnia and Herzegovina; (2) to promote policies and practices conducive to strengthening the private sector in Bosnia and Herzegovina through measures including loans, microloans, equity investments, insurance, guarantees, grants, feasibility studies, technical assistance, training for businesses receiving investment capital, and other measures; (3) to promote good corporate governance and transparency in Bosnia and Herzegovina, foster competition, catalyze productivity improvements in existing businesses, and strengthen local capital markets; and (4) to promote security through job creation in the private sector in Bosnia and Herzegovina and to further the creation of a middle class in Bosnia and Herzegovina. SEC. 4. BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND. (a) Designation.--The President is authorized to designate a private, nonprofit organization (to be known as the Bosnia and Herzegovina-American Enterprise Fund) to receive funds and support made available under this Act after determining that such organization has been designated for the purposes specified in section 3. The President should make such designation only after consultation with the leadership of each House of Congress. (b) Board of Directors.-- (1) Appointment.--The Bosnia and Herzegovina-American Enterprise Fund shall be governed by a Board of Directors, which shall be comprised of 6 private citizens of the United States appointed by the President of the United States in consultation with the Administrator of the United States Agency for International Development. The Board is authorized to appoint up to 3 additional members who are citizens of Bosnia and Herzegovina if agreed to unanimously by all members of the Board. (2) Qualifications.--Members of the Board of Directors shall be selected from among people who have had successful business careers and demonstrated experience and expertise in international and particularly emerging markets investment activities, such as private equity or venture capital investment, banking, finance, strategic business consulting, or entrepreneurial business creation, and backgrounds in priority business sectors of the Fund. (3) United states government liaison to the board.--The President shall appoint the United States Ambassador to Bosnia and Herzegovina, or the Ambassador's designee, as a liaison to the Board. (4) Non-government liaisons to the board.-- (A) Authority to appoint.--Upon the recommendation of the Board of Directors, the President may appoint up to 2 additional liaisons to the Board of Directors in addition to the members specified in paragraphs (1) and (3), of which not more than 1 may be a non-citizen of the United States. (B) NGO community.--One of the additional liaisons to the Board should be from the nongovernmental organization community, with significant prior experience in development and an understanding of development policy priorities for Bosnia and Herzegovina. (C) Technical expertise.--One of the additional liaisons to the Board should have extensive demonstrated industry, sector, or technical experience and expertise in a priority investment sector for the Fund. (c) Grants.-- (1) In general.--There is authorized to be appropriated for the Department of State for fiscal year 2016 $30,000,000-- (A) to carry out the purposes set forth in section 3 through the Bosnia and Herzegovina-American Enterprise Fund; and (B) to pay for the administrative expenses of the Bosnia and Herzegovina-American Enterprise Fund. (2) Eligible programs and projects.--Grants awarded under this section may only be used for programs and projects that support the purposes set forth in section 3. (3) Compliance requirements.-- (A) In general.--Grants may not be awarded to the Bosnia and Herzegovina-American Enterprise Fund under this section unless the Fund agrees to comply with the requirements under this section. (B) Grant agreement.--The grant agreement between the United States Agency for International Development and the Bosnia and Herzegovina-American Enterprise Fund shall state that the Fund shall end its reinvestment cycle not later than December 31, 2030, unless the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, and after consultation with the appropriate congressional committees, determines that the Fund should be extended. (C) Prevention of money laundering and terrorist financing.--The grant agreement between the United States Agency for International Development and the Bosnia and Herzegovina-American Enterprise Fund shall state that the Fund shall comply with procedures specified by the Secretary of State to ensure that grant funds are not provided by the Fund to or through any individual, private or government entity, or educational institution that advocates, plans, sponsors, engages in, or has engaged in, money laundering or terrorist activity or, with respect to a private entity or educational institution, that has as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in or advocating money laundering or terrorist activity or determined to be a member of a designated foreign terrorist organization. (D) Disposition of assets.--The assets of the Bosnia and Herzegovina-American Enterprise Fund at the time the Fund is dissolved shall be returned to the General Fund of the United States Treasury and used to reduce the debt of the United States in a manner agreed upon by USAID and the Board of Directors for the Fund, except for those assets used to designate a legacy foundation which is appropriately resourced to the needs of Bosnia and Herzegovina. (d) Notification.-- (1) In general.--Not later than 15 days before designating an organization to operate as the Bosnia and Herzegovina- American Enterprise Fund pursuant to subsection (a), the President shall provide the information described in paragraph (2) to the Chairman and Ranking Member of the appropriate congressional committees. (2) Information.--The information described in this paragraph is-- (A) the identity of the organization to be designated to operate as the Bosnia and Herzegovina- American Enterprise Fund pursuant to subsection (a); (B) the name and qualifications of the individual who will serve as Chairman of the Board of Directors; and (C) the amount of the grant intended to fund the Bosnia and Herzegovina-American Enterprise Fund over the lifetime of the fund. (e) Public Disclosure.--Not later than 1 year after the entry into force of the initial grant agreement under this section, and annually thereafter, the Fund shall prepare and make available to the public on an Internet Web site administered by the Fund a report on the Fund's activities during the previous year, including-- (1) a description of each investment or project supported by the Fund, including each type of assistance provided in accordance with section 3(2); (2) the amounts invested by the Fund in each company or project; (3) the amounts of additional private investments made in each company or project; and (4) the amounts of any profits or losses realized by the Fund in connection with each such company or project. SEC. 5. REPORTS. (a) Administrative Expenses.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until the Fund is dissolved, the Fund shall submit to the appropriate congressional committees a report detailing the administrative expenses of the Fund, including any employee incentive compensation arrangements implemented by the Fund which are not considered to be industry standard. (b) GAO Report.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter until the Fund is dissolved, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the activities of the Fund in achieving the stated goals of promoting private sector investment and employment in Bosnia and Herzegovina and identifying those institutional or regulatory constraints that inhibit a more effective application of Fund resources. (c) USAID Reports.--Not later than July 1, 2022, and July 1, 2030, the Administrator of the United States Agency for International Development shall submit a report to the appropriate congressional committees assessing the performance of the Bosnia and Herzegovina- American Enterprise Fund with respect to the purposes set forth in section 3. (d) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. SEC. 6. OPERATION PROVISIONS. (a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k), (l), (m), (n), (o), and (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply with respect to the Bosnia and Herzegovina-American Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section. (b) Reinvestment.--Returns on investments of the Bosnia and Herzegovina-American Enterprise Fund and other payments to the Fund may be reinvested in projects carried out by the Fund without further appropriation by Congress. SEC. 7. BEST PRACTICES AND PROCEDURES. To the maximum extent practicable, the Board of Directors of the Bosnia and Herzegovina-American Enterprise Fund should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421). SEC. 8. EXPERIENCE OF OTHER ENTERPRISE FUNDS. In implementing this Act, the President shall ensure that the Articles of Incorporation of the Bosnia and Herzegovina-American Enterprise Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund), the terms of United States Government grant agreements with the Fund, and United States Government oversight of the Fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds designated pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law.

Bosnia and Herzegovina-American Enterprise Fund Act This bill authorizes the President to designate a private, nonprofit organization as the Bosnia and Herzegovina-American Enterprise Fund to promote the private sector, job creation, and creation of a middle class in Bosnia and Herzegovina.

Bosnia and Herzegovina-American Enterprise Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Freight Rail Infrastructure Capacity Expansion Act of 2006''. SEC. 2. CREDIT FOR FREIGHT RAIL INFRASTRUCTURE CAPACITY EXPANSION PROPERTY. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45N. FREIGHT RAIL CAPACITY EXPANSION CREDIT. ``(a) General Rule.--For purposes of section 38, the freight rail capacity expansion credit determined under this section for the taxable year is an amount equal to 25 percent of the cost of the following property placed in service during the taxable year: ``(1) New qualified freight rail infrastructure property. ``(2) Qualified locomotive property. ``(b) New Qualified Freight Rail Infrastructure Property.--For purposes of this section-- ``(1) In general.--The term `new qualified freight rail infrastructure property' means qualified freight rail infrastructure property-- ``(A) the construction or erection of which is completed by the taxpayer after the date of the enactment of this section, or ``(B) which is acquired by the taxpayer after such date, but only if the original use of such property commences with the taxpayer. ``(2) Exception for property replacing property at existing location.--The term `new qualified freight rail infrastructure property' does not include property which is replacing existing property if the property is located at the site of the existing property. ``(3) Qualified freight rail infrastructure property.-- ``(A) In general.--The term `qualified freight rail infrastructure property' means property used in the movement of freight by rail-- ``(i) the cost of which is chargeable to capital account (determined without regard to section 179E), and ``(ii) which constitutes-- ``(I) railroad grading or tunnel bore (as defined in section 168(e)(4)), ``(II) tunnels or subways, ``(III) track, including ties, rails, ballast, or other track material, ``(IV) bridges, trestles, culverts, or other elevated or submerged structures, ``(V) terminals, yards, roadway buildings, fuel stations, or railroad wharves or docks, including fixtures attached thereto, and equipment used exclusively therein, ``(VI) railroad signal, communication, or other operating systems, including components of such systems that must be installed on locomotives or other rolling stock, or ``(VII) intermodal transfer or transload facilities or terminals, including fixtures attached thereto, and equipment used exclusively therein. ``(B) Exclusions.--The term `qualified freight rail infrastructure property' shall not include-- ``(i) land, ``(ii) rolling stock, including locomotives, or ``(iii) property used predominantly outside the United States, except that this subparagraph shall not apply to any property described in section 168(g)(4). ``(4) Leased property.--For purposes of determining whether property subject to a lease is new qualified freight rail infrastructure property, such property shall be treated as originally placed in service not earlier than the date the property is used under the lease but only if such property is leased within 3 months after the property is placed in service by the lessor. ``(c) Qualified Locomotive Property.-- ``(1) In general.--For purposes of this section, the term `qualified locomotive property' means a locomotive which-- ``(A) meets the Environmental Protection Agency's emission standards for locomotives and locomotive engines (as in effect on December 31, 2005), and ``(B) is owned by, or leased to, a taxpayer which meets the capacity expansion requirement of paragraph (2) for the taxable year in which the locomotive is placed in service. ``(2) Capacity expansion requirement.--A taxpayer meets the requirements of this paragraph with respect to any locomotive only if, on the last day of the taxable year in which such locomotive is placed in service, the total horsepower of all locomotives owned by, or leased to, the taxpayer exceeds the total horsepower of all locomotives owned by, or leased to, the taxpayer on the last day of the preceding taxable year. A determination under this paragraph shall be made pursuant to such reports as the Secretary, in consultation with the Surface Transportation Board, may prescribe. ``(3) Special rules for the leasing of locomotives.--In the case of the leasing of locomotives-- ``(A) only the lessor is eligible for the credit, and ``(B) total horsepower under paragraph (2) shall be determined with respect to all locomotives owned by, or leased to, the lessee. ``(d) Other Definitions and Special Rules.-- ``(1) Definitions.--For purposes of this section-- ``(A) Railroad signal, communication, or other operating system.--The term `railroad signal, communication, or other operating system' means an appliance, method, device, or system (including hardware and software) which is used to operate a railroad or to improve safety or capacity of railroad operations, including a signal, an interlocker, an automatic train stop, or a train control or cab-signal device. ``(B) Intermodal transfer or transload facility or terminal.--The term `intermodal transfer or transload facility or terminal' means a facility or terminal primarily utilized in the transfer of freight between rail and any other mode of transportation. ``(2) Coordination with other credits.--The cost of any property taken into account in determining the credit under this section may not be taken into account in determining a credit under any other provision of this title. ``(3) Basis adjustment.--If a credit is determined under this section with respect to the cost of any qualified freight rail infrastructure property or qualified locomotive property, the basis of such property shall be reduced by the amount of the credit so determined. ``(4) Recapture.--The benefit of any credit allowable under subsection (a) shall, under regulations prescribed by the Secretary, be recaptured with respect to any qualified locomotive property that is sold or otherwise disposed of by the taxpayer during the 5-year period beginning on the date on which such property is placed in service. ``(e) Termination.--This section shall not apply to any property placed in service after December 31, 2011.''. (b) Credit Allowed as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``and'' at the end of paragraph (29), by striking the period at the end of paragraph (30) and inserting ``, and'', and by adding at the end the following new paragraph: ``(31) the freight rail capacity expansion credit determined under section 45N.''. (c) Coordination With Section 55.--Section 38(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, and'', and by adding at the end the following new clause: ``(iii) for taxable years beginning after the date of the enactment of this clause, the credit determined under section 45N.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Freight rail capacity expansion credit.''. SEC. 3. EXPENSING OF FREIGHT RAIL INFRASTRUCTURE PROPERTY. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179D the following new section: ``SEC. 179E. ELECTION TO EXPENSE QUALIFIED FREIGHT RAIL INFRASTRUCTURE PROPERTY. ``(a) Allowance of Deduction.-- ``(1) In general.--A taxpayer may elect to treat any amount paid or incurred for the acquisition, construction, or erection of qualified freight rail infrastructure property (as defined in section 45N(b)(3)) as an amount not chargeable to capital account. Any amount so treated shall be allowed as a deduction for the taxable year in which such property was placed in service. ``(2) Coordination with credit.--The amount to which the election under paragraph (1) applies with respect to any property shall be reduced by an amount equal to the amount of any reduction in the basis of the property under section 45N(d)(3). ``(b) Election.--An election under subsection (a) shall be made, with respect to each class of property for each taxable year, at such time and in such manner as the Secretary may prescribe by regulation. If a taxpayer makes such an election with respect to any class of property for any taxable year, the election shall apply to all qualified freight rail infrastructure property in such class placed in service during such taxable year. An election under this section shall not affect the character of any property for the purposes of section 45N. ``(c) Deduction Allowed in Computing Minimum Tax.--For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified freight rail infrastructure property shall be determined under this section without regard to any adjustment under section 56. ``(d) Termination.--This section shall not apply to any property placed in service after December 31, 2011.''. (b) Deduction for Capital Expenditures.--Section 263(a)(1) of the Internal Revenue Code of 1986 (relating to capital expenditures) is amended by striking ``or'' at the end of subparagraph (J), by striking the period at the end of subparagraph (K) and inserting ``, or'' and by adding at the end the following new subparagraph: ``(L) expenditures for which a deduction is allowed under section 179E.''. (c) Technical and Clerical Amendments.-- (1) Section 312(k)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``or 179D'' each place it appears in the text or heading thereof and inserting ``179D, or 179E''. (2) Paragraphs (2)(C) and (3)(C) of section 1245(a) of such Code are each amended by inserting ``179E,'' after ``179D,''. (3) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179D the following new item: ``Sec. 179E. Election to expense qualified freight rail infrastructure property.''. SEC. 4. EFFECTIVE DATE. The amendments made by sections 2 and 3 shall apply to property placed in service after December 31, 2006.

Freight Rail Infrastructure Capacity Expansion Act of 2006 - Amends the Internal Revenue Code to allow: (1) a tax credit for 25% of the cost of new qualified freight rail infrastructure property and qualified locomotive property; and (2) a taxpayer election to expense the cost of qualified freight rail infrastructure property (i.e., deduct all costs in the current taxable year). Terminates such credit and expensing election after 2011.

A bill to amend the Internal Revenue Code of 1986 to provide incentives to encourage investment in the expansion of freight rail infrastructure capacity and to enhance modal tax equity.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Naturalization At Training Sites Act of 2017'' or the ``NATS Act''. SEC. 2. ESTABLISHMENT AND USE OF NATURALIZATION OFFICES AT INITIAL MILITARY TRAINING SITES. (a) Definitions.--In this Act, the term ``Secretary concerned'' has the meaning given that term in section 101(a) of title 10, United States Code. (b) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard, shall establish a naturalization office at each initial military training site of the Armed Forces under the jurisdiction of the respective Secretary. (c) Outreach.--In coordination with the Under Secretary of Defense for Personnel and Readiness and the Director of U.S. Citizenship and Immigration Services, each Secretary concerned shall, to the maximum extent practicable-- (1) identify each member of the Armed Forces overseen by such Secretary who is not a citizen of the United States; (2) inform each noncitizen member of the Armed Forces overseen by such Secretary about-- (A) the existence of a naturalization office at each initial military training site; (B) the continuous availability of each naturalization office throughout the career of a member of the Armed Forces to-- (i) evaluate the extent to which a noncitizen member of the Armed Forces is eligible to become a naturalized citizen; and (ii) assess the suitability for citizenship of a noncitizen member of the Armed Forces; (C) each potential pathway to citizenship; (D) each service a naturalization office provides; (E) the required length of service to obtain citizenship during-- (i) peacetime; and (ii) a period of hostility; and (F) the application process for citizenship, including-- (i) details of the application process; (ii) required application materials; (iii) requirements for a naturalization interview; and (iv) any other information required to become a citizen under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (d) Timing.--Each Secretary concerned shall complete the notifications required under subsection (c)-- (1) during every stage of basic training; (2) during training for any military occupational specialty; (3) at each school of professional military education; (4) upon each transfer of a duty station; and (5) at any other time determined appropriate by the Secretary concerned. (e) Trained Personnel.-- (1) Availability.--Each Secretary concerned shall retain trained personnel at a naturalization office at every initial military training site to provide appropriate services to every member of the Armed Forces who is not a citizen of the United States. (2) Training.--All personnel retained under paragraph (1) shall be familiar with-- (A) the special provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) authorizing the expedited application and naturalization process for current members of the Armed Forces and veterans; (B) the application process for naturalization and associated application materials; and (C) the naturalization process administered by U.S. Citizenship and Immigration Services. (f) Assignment Preference.--The Secretary concerned, to the extent practicable, shall assign each new member of the Armed Forces who is not a citizen of the United States to an initial military training site that has a naturalization office. (g) Reporting Requirement.--The Director of the U.S. Citizenship and Immigration Services shall annually publish, on a publicly accessible website-- (1) the number of members of the Armed Forces who became naturalized United States citizens during the most recent year for which data is available, categorized by country in which the naturalization ceremony took place; (2) the number of Armed Forces member's children who became naturalized United States citizens during the most recent year for which data is available, categorized by country in which the naturalization ceremony took place; and (3) the number of Armed Forces member's spouses who became naturalized United States citizens during the most recent year for which data is available, categorized by country in which the naturalization ceremony took place. (h) Regulations.--Each Secretary concerned shall prescribe in regulation a definition of the term ``initial military training site'' for purposes of this section.

Naturalization at Training Sites Act of 2017 or the NATS Act This bill directs the Department of Defense, and the Department of Homeland Security with respect to the Coast Guard, to establish a naturalization office with trained personnel at each initial military training site of the Armed Forces. Each military department concerned shall: (1) identify members of the Armed Forces who are not U.S. citizens and inform them of the availability of naturalization services at such offices, and (2) assign new non-citizen members of the Armed Forces to an initial military training site that has such an office. Naturalization notifications shall be completed: (1) during every stage of basic training, (2) during training for any military occupational specialty, (3) at each school of professional military education, (4) upon each duty station transfer, and (5) at any other time determined appropriate by the military department concerned. U.S. Citizenship and Immigration Services shall annually publish the number of members of the Armed Forces and their spouses and children who became naturalized U.S. citizens during the most recent year for which data is available, categorized by the country in which the naturalization ceremony took place.

Naturalization At Training Sites Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Monetary Policy and Treasury Finance Enhancement Act of 1993''. SEC. 2. PURPOSES. The purposes of this Act are to facilitate the inference of inflation expectations by the Board of Governors of the Federal Reserve System and by investors, to assist the Board of Governors in reducing inflation, and, through lower inflation, to contribute to lower interest rates. SEC. 3. ISSUANCE OF INDEXED OBLIGATIONS. (a) In General.--Subchapter I of chapter 31 of title 31, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 3114. Indexed Obligations ``(a) Mandatory Issuances.-- ``(1) In general.--At least 10 percent of the aggregate face amount of longer-term public debt obligations issued during a fiscal year shall be in the form of indexed obligations. ``(2) Higher requirement in certain cases.--If, as of the beginning of any fiscal year, less than 10 percent of the aggregate face amount of outstanding obligations issued under section 3102 and 3103 and having at least 5 years to maturity are in the form of indexed obligations, the aggregate face amount of longer-term public debt obligations issued during such fiscal year which shall be in the form of indexed obligations shall be at least the greater of-- ``(A) the amount required to be in such form under paragraph (1), or ``(B) 2 percent of the aggregate face amount of obligations issued under section 3102 and 3103 which, as of the beginning of such fiscal year, are outstanding and have at least 5 years to maturity. The indexed face amount of an outstanding indexed obligation shall be taken into account under this subparagraph and subsection (c) (in lieu of its actual face amount) in determining the amount of indexed obligations required or permitted to be issued. ``(3) Longer-term public debt obligations.--For purposes of this subsection, the term `longer-term public debt obligation' means any obligation issued under section 3102 or 3103 which matures at least 5 years after the date of issue. ``(b) Discretionary Issuances.-- ``(1) In general.--The Secretary of the Treasury may issue obligations under section 3102 or 3103 which mature at least 270 days but less than 5 years after the date of issue in the form of indexed obligations. ``(2) Minimum issuance if discretion exercised.--The Secretary of the Treasury may exercise the authority under this subsection only if at least 5 percent of the aggregate face amount of the obligations referred to in paragraph (1) which are issued during a fiscal year are in the form of indexed obligations. ``(c) Aggregate Limit.--Not more than 50 percent of the aggregate face amount of obligations issued under section 3102 or 3103 which mature on any day shall be in the form of indexed obligations. ``(d) Indexed Obligations.--For purposes of this section-- ``(1) In general.--The term `indexed obligations' means any obligation-- ``(A) which has a redemption value at maturity equal to its indexed face amount, ``(B) which has a face amount at issuance of at least $1,000 but not more than $5,000, ``(C) which may not be redeemed before maturity, and ``(D) the interest (if any) on which is payable for any period on the basis of its indexed face amount as of the beginning of such period. ``(2) Indexed face amount.--The term `indexed face amount' means, as of any date, the sum of-- ``(A) the face amount of the obligation at issuance, plus ``(B) such face amount multiplied by the percentage by which-- ``(i) the selected index for such date, exceeds ``(ii) the selected index for the issue date of the obligation. ``(3) Selected index for date.--The selected index for any date is the selected index for the second calendar month preceding the calendar month in which such date occurs. If the selected index is not determined on a monthly basis, the Secretary of the Treasury shall prescribe a rule for determining the selected index for any date, and such prescribed rule shall apply in lieu of the preceding sentence. ``(4) Selected index.-- ``(A) In general.--Except as provided in subparagraph (B), the term `selected index' means the CPI. ``(B) Another index may be used.--If the Secretary of the Treasury and the Chairman of the Board of Governors of the Federal Reserve System-- ``(i) agree that the use of the CPI for purposes of paragraph (2) is unsatisfactory and that the use of another index would be more satisfactory for such purposes, and ``(ii) submit a report to Congress jointly recommending the use of such other index, the term `selected index' means such other index. ``(C) Changes in index.--The selected index applicable to any indexed obligation shall be such index as of the date of issue of such obligation, and such index shall be determined, with respect to such obligation, without regard to changes in its structure or computation after such date. ``(5) CPI.--The term `CPI' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(e) Terms and Conditions.--Indexed obligations may be offered for sale on a competitive or other basis under such regulations and upon such terms and conditions as the Secretary of the Treasury may prescribe. The Secretary shall provide that such obligations shall be available for purchase by individuals both directly from the Department of the Treasury and through Federal Reserve System facilities. ``(f) Consultation With Federal Reserve.--The Secretary of the Treasury shall consult with the Chairman of the Board of Governors of the Federal Reserve System in determining the amounts, maturities, and timing of issuances of indexed obligations under this section. The Secretary shall maintain appropriate records of all recommendations received from the Chairman in such consultations. ``(g) Considerations.--In determining the amounts, maturities, and timing of issuances of indexed obligations under this section, the Secretary of the Treasury shall-- ``(1) attribute reasonable benefits to improvements in monetary management resulting from the issuance of indexed obligations, including reasonable estimates for reduced interests costs on obligations that are not indexed obligations arising from better inflation control and from smaller budget deficits as a consequence of improved economic stabilization, and ``(2) assure liquidity and pricing reliability in indexed obligations and the competitiveness of such obligations with nonindexed obligations issued under section 3102 and 3103 with comparable maturities, including assuring that each issue of interest-bearing indexed obligations is of an amount sufficient to permit the right to receive interest on such obligations to be traded separately from the underlying obligations. The Secretary shall periodically announce expected issuance and maturity dates of issues of indexed obligations and the expected proportion of the total obligations issued under sections 3102 and 3103 having those maturity dates which are expected to be indexed obligations. Such announcements shall precede expected issuance dates by at least 1 year. ``(h) Monitoring.--The Secretary of the Treasury shall monitor the ownership and trading activity of indexed and nonindexed obligations issued under section 3102 or 3103 having the same maturity dates for purposes of assuring liquidity and pricing reliability with respect to indexed obligations. ``(i) Reports.--Not later than 2 years after the date of the enactment of this section, and not later than the close of each 2-year period thereafter, the Secretary of the Treasury shall submit to the Congress a report on the program established under this section. No report shall be required under this subsection for any period after the 10th year after the date of the enactment of this section.''. (b) Procedure.--Subsection (a) of section 3121 of such title 31 is amended by striking ``and'' at the end of paragraph (6), by redesignating paragraph (7) as paragraph (8), and by inserting after paragraph (6) the following new paragraph: ``(7) whether the obligation is to be issued as an indexed obligation; and''. (c) Clerical Amendment.--The table of sections for subchapter I of chapter 31 of title 31 of such Code is amended by adding at the end thereof the following new item: ``3114. Indexed obligations.''. (d) Effective Date.--The amendments made by this section shall apply to fiscal years beginning after the date of the enactment of this Act. (e) Taxation.--It is the intent of the Congress that-- (1) except for changes to minimize any Federal income tax incentives or disincentives to acquiring indexed obligations as compared to nonindexed obligations, Federal income tax changes which affect nonindexed obligations should apply to the fullest extent feasible to indexed obligations, and (2) there should be symmetrical treatment applied to increases and decreases in the indexed face amount of an indexed obligation such that, for example, if increases in the indexed face amount of an obligation are includible in gross income as ordinary income, decreases in the indexed face amount of an obligation should be allowable as a deduction as an ordinary loss.

Monetary Policy and Treasury Finance Enhancement Act of 1993 - Requires at least ten percent of the aggregate face amount of longer-term public debt obligations (bonds or notes which mature at least five years after the date of issue) issued during a fiscal year to be in the form of indexed obligations. Specifies a higher requirement in certain cases. Allows the Secretary of the Treasury to issue bond and note obligations which mature at least 270 days but less than five years after the date of issue in the form of indexed obligations. Prohibits more than 50 percent of the aggregate face amount of bond or note obligations which mature on any day from being in the form of indexed obligations. Bases indexed obligations on the Consumer Price Index. Provides for the Secretary to determine the amounts, maturities, and timing of issuances of indexed obligations. Requires the Secretary to monitor the ownership and trading activity of indexed and nonindexed obligations having the same maturity dates to assure liquidity and pricing reliability. Requires the Secretary to report to the Congress on provisions of this Act every two years until the tenth year after enactment. Expresses the intent of the Congress with respect to Federal income tax treatment of indexed and nonindexed obligations.

Monetary Policy and Treasury Finance Enhancement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Worker Emergency Training Act of 2005''. SEC. 2. RAIL WORKER EMERGENCY TRAINING GRANTS. (a) Rail Worker Emergency Training Grants.--The Secretary of Homeland Security, in coordination with the Secretary of Transportation, is authorized to make grants to railroad carriers for costs incurred in compliance with section 3. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security $100,000,000 to carry out the purposes of this Act. Amounts appropriated pursuant to this subsection shall remain available until expended. SEC. 3. RAIL WORKER EMERGENCY TRAINING PROGRAM. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Transportation and appropriate rail entities, shall issue detailed guidelines for a rail worker emergency training program designed to enhance rail worker training in preparation for and response to potential or actual terrorist attacks, natural disasters, and other emergencies. (b) Program Elements.--The guidelines developed under subsection (a) shall require such a program to include, at a minimum, elements that comprehensively address the following: (1) Critical infrastructure and equipment security inspection. (2) Hazardous material storage, transport, and monitoring. (3) Evacuation procedures in the event of fire, explosion, natural disaster, and other emergencies. (4) Unauthorized rail yard access and rail yard security. (5) Procedure for reporting suspicious activity, critical infrastructure, rail yard, and equipment security breaches, hazardous material storage or transport safety breaches, and other security or safety breaches. (6) Notification of law enforcement, emergency response, and other appropriate officials in the event of a terrorist attack, natural disaster, hazardous material explosion, and other emergencies. (7) Rail worker notification and training on railroad security plans, including a railroad carrier's threat level identification system, employee notification when such levels change, employee roles and responsibilities regarding the security plan, and lines of communication and coordination in the event of an emergency. (8) Passenger communication and coordination in the event of an emergency. (9) Live situational training exercises regarding various emergency scenarios, including terrorist attacks, natural disasters, and hazardous material explosions. (10) Protective equipment and device use. (11) Locomotive cab securement. (12) Background, skills, and ``fitness for duty'' checks for railroad contractors, subcontractors, and their employees equal to those applicable to railroad employees. (13) Distress codes for use by train crews, bridge tenders, and others as the Secretary of Homeland Security considers appropriate. (14) Appropriate responses to defend onself. (15) Any other subject the Secretary of Homeland Security considers appropriate. (c) Railroad Carrier Programs.--Not later than 90 days after the Secretary of Homeland Security issues guidelines under subsection (a) in final form, each railroad carrier shall develop a rail worker emergency training program in accordance with those guidelines and submit it to the Secretary of Homeland Security for approval. Not later than 60 days after receiving a railroad carrier's program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet the guideline requirements. (d) Training.--Not later than 1 year after the Secretary of Homeland Security approves the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all rail workers in accordance with that program. (e) Updates.--The Secretary of Homeland Security shall update the training guidelines issued under subsection (a) from time to time to reflect new or different security threats, and shall require railroad carriers to revise their programs accordingly and provide additional training to their rail workers. Not later than 60 days after the Secretary of Homeland Security notifies railroad carriers to revise their programs to reflect updated guidelines issued by the Secretary under this section, each railroad carrier shall make all required revisions and submit their revised emergency training program to the Secretary of Homeland Security for approval. Not later than 60 days after receiving a railroad carrier's revised program under this subsection, the Secretary shall review the program and approve it or require the railroad carrier to make any revisions the Secretary considers necessary for the program to meet updated guideline requirements. Not later than 180 days after the Secretary approves the revised training program developed by a railroad carrier under this subsection, the railroad carrier shall complete the training of all rail workers in accordance with the Secretary's updated guidelines. SEC. 4. NONCOMPLIANCE. The Secretary of Homeland Security may issue a letter of noncompliance to any rail carrier that has failed to comply with the obligations imposed by this Act. Any such letters issued shall be transmitted to Congress and published in the Federal Register. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Appropriate rail entities.--The term ``appropriate rail entities'' means freight and passenger railroad carriers, nonprofit employee organizations representing rail workers, nonprofit employee organizations representing emergency responders, owners or lessors of rail cars used to transport hazardous materials, shippers of hazardous materials, manufacturers of rail tank cars, State Departments of Transportation, public safety officials, and other relevant parties. (2) Railroad.--The term ``railroad'' has the meaning given that term in section 20102(1) of title 49, United States Code. (3) Railroad carrier.--The term ``railroad carrier'' has the meaning given that term in section 20102(2) of title 49, United States Code. (4) Rail worker.--The term ``rail worker'' includes any employee of a railroad carrier, or of a railroad carrier contractor or subcontractor, who-- (A) inspects, tests, maintains, or repairs brakes, other mechanical systems or components, or safety appliances on railroad cars or locomotives; (B) is engaged in the operation of any train, including an employee that performs the duties of a hostler; (C) dispatches, reports, transmits, receives, or delivers orders pertaining to train movements via telegraph, telephone, radio, or any other electrical or mechanical device; (D) installs, repairs, tests, or maintains signal systems; (E) inspects, constructs, or repairs railroad track, bridges, roadway, electrical traction systems, roadway facilities, or roadway maintenance machinery; or (F) is otherwise considered appropriate by the Secretary of Transportation.

Rail Worker Emergency Training Act of 2005 - Directs the Secretary of Homeland Security, in coordination with the Secretary of Transportation, to make grants to railroad carriers for costs incurred in instituting a rail worker emergency training program. Directs the Secretary of Homeland Security to issue detailed guidelines for a rail worker emergency training program to enhance rail worker training in preparation for and response to potential or actual terrorist attacks, natural disasters, and other emergencies. Authorizes the Secretary of Homeland Security to issue a letter of noncompliance to rail carriers that fail to comply with the requirements of this Act.

To provide for a rail worker emergency training program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rex Brewer Social Security Disability Fairness and Equity Act of 1998''. SEC. 2. WAITING PERIOD FOR SOCIAL SECURITY DISABILITY BENEFICIARIES INAPPLICABLE TO INDIVIDUALS WITH TERMINAL ILLNESSES. (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in clause (ii) of the first sentence-- (1) by inserting ``(I)'' after ``but only if'', and (2) by inserting ``or (II) he has a terminal illness (as defined in subsection (j)),'' after ``under such disability,''. (b) Terminal Illness Defined.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Definition of Terminal Illness ``(j) As used in this section, the term `terminal illness' means, in the case of any individual, a medically determinable physical impairment which is expected to result in the death of such individual within the next six months.''. (c) Effective Date.--The amendments made by this section shall apply with respect to benefits for which applications are filed on or after the date of the enactment of this Act. SEC. 3. TREATMENT OF PRISONERS UNDER TITLES II AND XVI OF THE SOCIAL SECURITY ACT. (a) Implementation of Prohibition Against Payment of Title II Benefits to Prisoners.-- (1) In general.--Section 202(x)(3) of the Social Security Act (42 U.S.C. 402(x)(3)) is amended-- (A) by inserting ``(A)'' after ``(3)''; and (B) by adding at the end the following new subparagraph: ``(B)(i) The Commissioner shall enter into an agreement, with any interested State or local institution comprising a jail, prison, penal institution, correctional facility, or other institution a purpose of which is to confine individuals as described in paragraph (1)(A), under which-- ``(I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the names, social security account numbers, dates of birth, confinement commencement dates, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1); and ``(II) except as provided in clause (ii), the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), to whom a benefit under this title is payable for the month preceding the first month of such confinement, and whose benefit under this title ceases to be payable as a result of the application of this subsection, $400 (subject to reduction under clause (iii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual's confinement in such institution begins, or $200 (subject to reduction under clause (iii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. ``(ii) No amount shall be payable to an institution with respect to information concerning an individual under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that benefits under this title are no longer payable to such individual as a result of the application of this subsection. ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1611(e)(1)(I). ``(iv) There shall be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II). Sums so transferred shall be treated as direct spending for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 and excluded from budget totals in accordance with section 13301 of the Budget Enforcement Act of 1990. ``(v) The Commissioner is authorized to provide, on a reimbursable basis, information obtained pursuant to agreements entered into under clause (i) to any Federal or federally-assisted cash, food, or medical assistance program for eligibility purposes.''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (b) Elimination of Title II Requirement That Confinement Stem From Crime Punishable by Imprisonment for More Than 1 Year.-- (1) In general.--Section 202(x)(1)(A) of such Act (42 U.S.C. 402(x)(1)(A)) is amended-- (A) in the matter preceding clause (i), by striking ``during'' and inserting ``throughout''; (B) in clause (i), by striking ``an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)'' and inserting ``a criminal offense''; and (C) in clause (ii)(I), by striking ``an offense punishable by imprisonment for more than 1 year'' and inserting ``a criminal offense''. (2) Effective date.--The amendments made by this subsection shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. (c) Conforming Title XVI Amendments.-- (1) Preclusion of title xvi payment when information furnished by an institution is already known by the commissioner.--Section 1611(e)(1)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)) is amended-- (A) in clause (i)(II), by inserting ``except as provided in clause (ii),'' after ``(II)''; (B) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; and (C) by inserting after clause (i) the following new clause: ``(ii) No amount shall be payable to an institution with respect to information concerning an inmate under an agreement entered into under clause (i) if, prior to the Commissioner's receipt of the information, the Commissioner has determined that the inmate is no longer an eligible individual or eligible spouse for purposes of this title as a result of the application of this paragraph.''. (2) Fifty percent reduction in title xvi payment in case involving comparable title ii payment.--Section 1611(e)(1)(I) of such Act (as amended by paragraph (1)) is amended further-- (A) in clause (i)(II), by inserting ``(subject to reduction under clause (iii))'' after ``$400'' and after ``$200''; and (B) by inserting after clause (ii) the following new clause: ``(iii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 202(x)(3)(B).''. (3) Effective date.--The amendments made by this subsection shall apply as if included in the enactment of section 203(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). (d) Exemption From Computer Matching Requirements.-- (1) In general.--Section 552a(a)(8)(B) of title 5, United States Code, is amended-- (A) by striking ``or'' at the end of clause (vi); and (B) by inserting after clause (vii) the following new clauses: ``(viii) matches performed pursuant to section 202(x) or 1611(e)(1) of the Social Security Act; or ``(ix) matches performed pursuant to section 205(j)(1)(A), 205(j)(5), 1631(a)(2)(A)(ii), 1631(a)(2)(A)(iii), or 1631(a)(2)(E) of the Social Security Act;''. (2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the Social Security Act (as redesignated by subsection (c)(1)(B)) is amended further by striking ``(I) The provisions'' and all that follows through ``(II) The Commissioner'' and inserting ``The Commissioner''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act.

Rex Brewer Social Security Disability Fairness and Equity Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to waive the waiting period otherwise required for disability beneficiaries in the case of individuals with terminal illnesses with not more than six months to live. Amends SSA titles II and XVI (Supplemental Security Income) (SSI): (1) in the case of the OASDI program, to provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits cease to become payable as a result of such reports; and (2) in the case of the SSI program, to provide that no amount shall be payable to such an institution with respect to such information if the Commissioner of Social Security has determined, before receiving substantiating information from the institution, that the prisoner is no longer eligible for SSI. Transfers from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments. Eliminates the SSA title II requirement that confinement stem only from a crime punishable by imprisonment for more than one year. Provides for a 50 percent reduction in institution payments under both SSA title II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner. Exempts OASDI and SSI matches performed under this Act from computer matching requirements of the Privacy Act of 1974.

Rex Brewer Social Security Disability Fairness and Equity Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Individual Assistance Improvement Act of 2015''. SEC. 2. IMPROVEMENTS TO FEDERAL DISASTER RELIEF AND EMERGENCY ASSISTANCE. (a) Report on Small State and Rural Area Assistance.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Administrator of the Federal Emergency Management Agency shall submit to Congress a report with recommendations for improving Federal assistance, with respect to small States and rural areas, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). The report shall include an identification of additional resources required for recommended improvements. (b) Factors for Individual Assistance Program.--In measuring the severity, magnitude, and impact of a disaster and evaluating the need for assistance to individuals under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the Administrator shall not apply, with respect to a rural area, the factor set out in section 206.48(b)(1) of title 44, Code of Federal Regulations (relating to the concentration of damages). (c) Release of Documentation Related to Disaster Declaration Decisions.--Not later than 25 days after a Governor, or Chief Executive of an Indian tribal government, requests documentation related to a major disaster declaration decision under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), the Administrator shall provide the Governor, or Chief Executive, with all such documentation, including-- (1) an analysis of the factors that the Federal Emergency Management Agency considered in making the decision, including any threshold, limit, or average that the Agency applied; and (2) a rationale explaining the decision. (d) Study on Damage Assessment.-- (1) Study.--The Comptroller General of the United States shall conduct a comprehensive review of-- (A) the damage assessment processes of the Agency with respect to major disaster declarations; and (B) the teams that carry out such processes. (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the review conducted under paragraph (1), including recommendations for improving such processes. (e) Biennial Study of Average Amount of Individual Assistance.-- (1) Study.--Not later than the end of the first quarter of the first full fiscal year beginning after the date of the enactment of this Act, and biennially thereafter, the Administrator shall conduct a study-- (A) to compare-- (i) the average amount of individual assistance provided per person for each major disaster declared during the 5 most recently completed fiscal years; (ii) the average damages realized per individual for each such disaster; and (iii) for each event where a request for a major disaster declaration was denied during the 5 most recently completed fiscal years, the average damages realized per individual for each such event; and (B) to collect the data needed to update the table included after section 206.48(b)(6) of title 44, Code of Federal Regulations (relating to the average amount of individual assistance by State). (2) Report and update.--Not later than 180 days after the completion of each study under paragraph (1), the Administrator shall submit to Congress a report on the results of the study and update the table described in paragraph (1)(B). (f) Definitions.--In this Act, the following definitions shall apply: (1) Governor.--The term ``Governor'' has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (2) Rural.--The term ``rural'' means an area that is located-- (A) outside a metropolitan statistical area, as defined by the Office of Management and Budget; or (B) in a census tract in a metropolitan statistical area with a Department of Agriculture rural-urban commuting area code of 4 or higher. (3) Small state.--The term ``small State'' has the same meaning as such term is used in the table included after section 206.48(b)(6) of title 44, Code of Federal Regulations.

Individual Assistance Improvement Act of 2015 This bill requires the Federal Emergency Management Agency (FEMA) to submit to Congress an annual report on recommendations for improving federal assistance for small states and rural areas under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and additional resources required for such improvements. In measuring the severity, magnitude, and impact of a disaster and evaluating the need for assistance to individuals under that Act, FEMA shall not apply, with respect to a rural area, the factor relating to concentration of damages. FEMA shall provide the governor or the chief executive of an Indian tribal government with documentation related to a major disaster declaration decision within 25 days after such individual requests that documentation, including: (1) an analysis of the factors that it considered in making the decision, and (2) its rationale. The Government Accountability Office shall conduct a comprehensive review of: (1) FEMA's damage assessment processes for major disaster declarations, and (2) the teams that carry out such processes. FEMA shall conduct a study, biennially, to: (1) compare the average amount of individual assistance provided per person for each major disaster declared during the five most recently completed fiscal years, the average damages realized per individual for each disaster, and the average damages realized per individual for each event where a request for a major disaster declaration was denied during the five most recently completed fiscal years; and (2) collect the data needed to update a table relating to the average amount of individual assistance by state.

Individual Assistance Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Fair Labor Management Act of 2007''. SEC. 2. IMPASSE PROCEDURES. (a) Mediation.--Section 40122(a)(2) of title 49, United States Code, is amended by striking the second sentence and all that follows and inserting the following: ``If the services of the Federal Mediation and Conciliation Service do not lead to an agreement, the provisions of subsection (j) shall apply.''. (b) Impasse Procedures.--Section 40122 of title 49, United States Code, is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: ``(j) Impasse Procedures.-- ``(1) Certification of negotiation impasse.--If the Administration and the exclusive bargaining representatives of employees of the Administration participate in a mediation process of the Federal Mediation and Conciliation Service with respect to a negotiation under subsection (a) and the Service is unable to resolve a negotiation impasse between the parties-- ``(A) the Service shall issue a written certification of the negotiation impasse; and ``(B) not later than 60 days following the date of issuance of the written certification, the parties of the negotiation shall request the Federal Service Impasses Panel described in section 7119 of title 5 to consider the matter. ``(2) Authority of federal service impasses panel.--If a negotiation impasse is presented to the Panel under this subsection, the Panel shall investigate and consider the matter, and take actions with respect to the matter, using the authorities of the Panel under section 7119 of title 5 and regulations issued to carry out such section. ``(3) Factors.--In providing assistance to resolve a negotiation impasse presented to the Panel under this subsection, the Panel, or any private arbitrator selected pursuant to section 7119(b)(2) of title 5, shall take into consideration, to the extent relevant to the matter and in addition to any other relevant factors, the following: ``(A) The wages, hours, and conditions of employment of the employees involved in the impasse proceeding as compared to the wages, hours, and conditions of employment of-- ``(i) employees performing similar services; ``(ii) employees in positions requiring similar skills and working under similar conditions; and ``(iii) other employees generally in public and private employment in comparable communities. ``(B) The overall compensation paid to the employees involved in the impasse proceeding, including-- ``(i) direct wage compensation; ``(ii) overtime and premium pay; ``(iii) vacations, holidays, and other excused time; ``(iv) insurance, pensions, medical, and hospitalization benefits; and ``(v) all other benefits received. ``(C) The financial ability of the Administration to pay, as determined after review of the Administration's current and preceding fiscal year budgets for salaries, operations, and maintenance. ``(D) Changes in the average consumer prices for goods and services, commonly known as the cost of living. ``(E) The peculiarities of the employment of the employees involved in the impasse proceeding as compared to employees in other trades and professions, including hazards of employment, physical qualifications, educational qualifications, mental qualifications, and job training and skills. ``(F) The terms of collective agreements negotiated between the parties involved in the impasse in the past providing for compensation and benefits, including the provisions for-- ``(i) salary, insurance, and retirement benefits; ``(ii) medical and hospitalization benefits; and ``(iii) paid time off. ``(G) The impact of each proposal for resolving the impasse on-- ``(i) the interests and welfare of the public; ``(ii) the continued provision of services to the public; ``(iii) the compensation and benefits of other employee groups and bargaining units of the Administration; and ``(iv) the air traffic control modernization efforts of the Administration. ``(H) Such other factors as are normally and customarily considered in determining compensation, benefits, and other conditions of employment in proceedings conducted by the Panel.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall apply to changes described in section 40122(a)(1) of title 49, United States Code, being negotiated or in impasse on or after May 31, 2007.

Federal Aviation Administration Fair Labor Management Act of 2007 - Requires, after May 31, 2007, that where the services of the Federal Mediation and Conciliation Service have led to an impasse between the Federal Aviation Administration (FAA) and its employees in reaching an agreement with respect to the implementing of proposed changes to the FAA personnel management system: (1) the Service issue a written certification of such impasse; and (2) the negotiating parties request the Federal Service Impasses Panel to consider and resolve the matter not later than 60 days after issuance of the certification. (Currently, the FAA Administrator's proposed change shall not take effect until 60 days have elapsed after the Administrator transmits the proposed change, along with the objections of the exclusive bargaining representatives to the change, and the reasons for such objections, to Congress.)

To amend title 49, United States Code, to facilitate the resolution of disputes between the Administrator of the Federal Aviation Administration and employees of the Administration in the course of collective negotiations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Missile Defense Defend and Deter Act of 2016''. SEC. 2. FINDINGS. Congress makes the following findings: (1) It is in the highest strategic interest of the United States to field a fully operational missile defense system to defend against threats from intercontinental ballistic missiles (ICBMs) of rogue nations, including North Korea and Iran. (2) In the past year, the Democratic People's Republic of Korea tested a nuclear weapon and an intercontinental ballistic missile and has made claims that it now possesses the ability to miniaturize a nuclear warhead. (3) The ground-based midcourse defense (GMD) element of the ballistic missile defense system (BMDS) is one of the most critical capabilities needed to defend the United States against threats from intercontinental ballistic missiles, conventional and nuclear. (4) The test program of the Missile Defense Agency provides vital data to demonstrate the operational effectiveness, suitability, and survivability of the ballistic missile defense system, and it contributes to United States nonproliferation goals by sending a very credible message to the international community on the ability of the United States to defeat ballistic missiles in flight, thus reducing their value to potential adversaries. SEC. 3. REQUIRED TESTING BY MISSILE DEFENSE AGENCY OF GROUND-BASED MIDCOURSE DEFENSE ELEMENT OF BALLISTIC MISSILE DEFENSE SYSTEM. (a) Testing Required.--Except as provided in subsection (c), not less frequently than once each fiscal year, the Director of the Missile Defense Agency shall administer an intercept flight test of the ground- based midcourse defense element of the ballistic missile defense system. (b) Requirements.--The Director shall ensure that each test carried out under subsection (a) provides, when possible, for one or more of the following: (1) Validation of the operational effectiveness of the ground-based midcourse defense element of the ballistic missile defense system. (2) Use of assets in their operational configuration against an inventory of targets to assess all aspects of ground-based midcourse defense elements of the ballistic missile defense system performance in a variety of flight test regimes. (3) Use of operational doctrine and real-world constraints. (4) Evaluation of new concepts of operations and exercising tactics, techniques, and procedures. (5) Mechanisms to assure the confidence of members of the Armed Forces in the basic design of the ground-based midcourse defense element of the ballistic missile defense system, its hit-to-kill effectiveness, and its inherent operational capability. (c) Exceptions.-- (1) Nonintercept test.--The Director may forgo a test under subsection (a) in a fiscal year if the Secretary of Defense, in consultation with the Director, determines that conducting the test would-- (A) jeopardize national security; (B) not be successful due to specific ground-based midcourse defense components needing a nonintercept test; and (C) likely lead to failure due to impractical time considerations. (2) Funding.--The Director may forgo a test under subsection (a) in a fiscal year if the Secretary of Defense, in consultation with the Director, determines that the test is not sufficiently funded. (3) National security waiver.-- (A) In general.--The Director may forgo a test under subsection (a) in a fiscal year if the Secretary of Defense, in consultation with the Director of the Missile Defense Agency, Director of National Intelligence, and the Commander of United States Northern Command (NORTHCOM), determines that the provision of testing as described in that subsection is detrimental to the national security interests of the United States. (B) Notice required.-- (i) In general.--Not later than 30 days after forgoing a test pursuant to subparagraph (A), the Secretary shall submit to the congressional defense committees notice regarding the foregone test. (ii) Elements.--Notice submitted under clause (i) shall include the following: (I) The rationale for forgoing the test. (II) The national security interests of the United States preventing the test. (III) A plan to complete the intercept test in the following fiscal year, which does not affect testing in following fiscal years. (iii) Form.--Each notice under clause (ii) shall be submitted in an unclassified form, but may include a classified annex. (d) Congressional Defense Committees Defined.--In this section, the term ``congressional defense committees'' has the meaning given that term in section 101(a)(16) of title 10, United States Code.

Missile Defense Defend and Deter Act of 2016 This bill requires the Department of Defense (DOD) Missile Defense Agency to administer an intercept flight test of the ground-based midcourse defense element of the ballistic missile defense system at least once each fiscal year. Each test shall provide for: validation of the defense element's operational effectiveness; use of assets in their operational configuration against an inventory of targets to assess performance in a variety of flight test regimes; use of operational doctrine and real-world constraints; evaluation of new concepts of operations, tactics, and techniques; and mechanisms to assure the confidence of members of the Armed Forces in the basic design of the ground-based midcourse defense element, its hit-to-kill effectiveness, and its operational capability. The Agency may forgo a test if: it would jeopardize national security, not be successful due to specific ground-based midcourse defense components needing a non-intercept test, and likely fail due to impractical time considerations; or funding is insufficient. The Agency also may forgo a test if DOD determines that the testing is detrimental to U.S. national security interests and provides notice to Congress.

Missile Defense Defend and Deter Act of 2016

SECTION 1. DECONTAMINATION AND USE OF FORMER BOMBARDMENT AREA ON ISLAND OF CULEBRA. (a) Findings.--Congress makes the following findings: (1) Culebra Island, Puerto Rico, is located approximately 17 miles from the east coast of Puerto Rico's main island, and the Navy conducted ship-to-shore bombing exercises and other live-fire training activities for over 70 years in unpopulated areas of Culebra and its surrounding waters. (2) In 1975, Congress required the Navy to close its operations on Culebra in response to long-standing concerns among the residents about safety, health, and environmental risks. The Navy moved its operations to nearby training facilities on Vieques Island, which were closed in 2003 due to similar concerns. (3) Although the Navy's facilities on Culebra closed in 1975, the Department of Defense did not begin to address the cleanup of these areas until Congress enacted specific authorities for the cleanup of former United States military sites in section 211 of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499). With these authorities, the Army Corps of Engineers added Culebra to the Formerly Used Defense Sites Program in 1991, and for several years thereafter, performed relatively limited cleanup of unexploded ordnance from the surface. (4) In 2003, the Governor of Puerto Rico, Sila M. Calderon, requested that the Environmental Protection Agency add both Culebra and Vieques to the National Priorities List of the most hazardous sites. In 2005, the Environmental Protection Agency added Vieques to the National Priorities List, but delayed its listing decision for Culebra. Instead, Puerto Rico and the Army Corps of Engineers decided to address the cleanup of Culebra under a separate agreement, under which the Army Corps of Engineers has begun to plan a more comprehensive removal of unexploded ordnance on Culebra. (5) The Army Corps of Engineers had spent $11,100,000 as of the end of fiscal year 2007 on the cleanup of Culebra and estimated that another $92,600,000 would be needed to complete planned cleanup actions. These amounts pale in comparison to the $77,600,000 the Navy has already spent, and the $253,100,000 the Navy plans to spend in the future, to complete the cleanup of Vieques. (6) The more limited scope of the cleanup on Culebra has become a rising issue. The greater funding for Vieques is not based on differing conditions on the islands. Both were used for the same types of training exercises for several decades and are likely to contain similar hazards. (7) Instead, the discrepancy is primarily attributable to the fact that certain of the most potentially hazardous areas on Culebra, including the Northwest Peninsula and Flamenco Beach, have been excluded from Federal cleanup plans because the Corps of Engineers maintains that a 1974 Federal law prohibits the Army Corps of Engineers from conducting cleanup in those areas. (8) Section 204(c) of the Military Construction Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668) prohibited land uses in the ``present'' (at the time of enactment) bombardment zone on Culebra that would require cleanup at the expense of the Federal Government. (9) Puerto Rico asserts that specific authorities for the cleanup of former United States military sites enacted later by Congress in Public Law 99-499 superseded this prohibition. Despite these later authorities, the Army Corps of Engineers maintains that the prohibition still stands to exclude certain areas of Culebra from Federal cleanup funds that otherwise are available to all other former United States military sites in the 50 States and United States territories. (10) Based on its interpretation, the Army Corps of Engineers has not included the Northwest Peninsula and Flamenco Beach in the scope of its cleanup plan for Culebra. Because the Northwest Peninsula and Flamenco Beach likely contain the greatest amounts of unexploded ordnance on Culebra, public concern has grown about the exclusion of these areas from the cleanup effort. (11) Section 2872 of H.R. 5658 of the 110th Congress, as passed by the House of Representatives, would have repealed the prohibition in the 1974 statute, allowing the Army Corps of Engineers to expend funds to address potential human health, safety, and environmental risks in the Northwest Peninsula and Flamenco Beach. (b) Repeal.--Section 204 of the Military Construction Authorization Act, 1974 (Public Law 93-166; 87 Stat. 668) is amended by striking subsection (c).

Amends the Military Construction Act, 1974 to repeal the prohibition against use of the former bombardment area on the island of Culebra (Puerto Rico) for any purpose that would require decontamination of the area at U.S. expense.

To amend the Military Construction Authorization Act, 1974 to repeal the limitation on the authorized uses of the former bombardment area on the island of Culebra and the prohibition on Federal Government responsibility for decontamination of the area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Palestinian Peace Promotion and Anti-Incitement Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Palestinian Authority has not fully lived up to its prior agreements with Israel to end incitement; and (2) the Palestinian Authority should do more to prepare the Palestinian people for peace with Israel. SEC. 3. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. (a) In General.--Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended by adding at the end the following: ``SEC. 620N. LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY. ``(a) Limitation.--Funds made available under chapter 4 of part II of this Act may be obligated or expended to provide assistance to the Palestinian Authority only during a period for which a certification described in subsection (b) or a recertification described in subsection (c) is in effect. ``(b) Certification.--A certification described in this subsection is a certification transmitted by the President to the appropriate congressional committees that contains a determination of the President that the Palestinian Authority-- ``(1) no longer engages in a pattern of incitement against the United States or Israel; and ``(2) is engaged in peace preparation activities aimed at promoting peace with the Jewish State of Israel. ``(c) Recertifications.--Not later than 90 days after the date on which the President transmits to the appropriate congressional committees an initial certification under subsection (b), and every six months thereafter-- ``(1) the President shall transmit to the appropriate congressional committees a recertification that the requirements contained in subsection (b) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to the appropriate congressional committees a report that contains the reasons therefor. ``(d) Report.-- ``(1) In general.--Whenever the President transmits a certification under subsection (b) or a recertification under subsection (c), the President shall submit to the appropriate congressional committees a report that details the justification for the certification or recertification, as the case may be, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed. ``(2) Additional matters.--Such report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons, and dismantle the terrorist infrastructure. ``(e) Definitions.--In this section: ``(1) Appropriate congressional committees.--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. ``(2) Incitement.--The term `incitement' means-- ``(A) statements, media, communication, or other activities against any religion, ethnicity, or nationality, ``(B) advocacy, endorsement, or glorification of violence, martyrdom, or terrorism, or ``(C) endorsement, glorification, honor, or other memorialization of any person or group that has advocated, sponsored, or committed acts of terrorism, including the naming after or dedication to such person or group of any school, community center, camp, stadium, public square, street, land, landmark, waterway, or other facility, that is sponsored, supported, or directed by officials or employees of the Palestinian Authority or Palestinian Authority-controlled, sponsored, or supported electronic, broadcast, and print media, schools, mosques, or institutions. ``(3) Palestinian authority.--The term `Palestinian Authority' means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council. ``(4) Peace preparation activities.--The term `peace preparation activities' means Arabic-language communications and educational activities sponsored by the Palestinian Authority that are communicated or administered via electronic, broadcast and print media, schools, mosques, and statements by government officials that may include the following: ``(A) Public acknowledgments of the State of Israel's right to exist as a Jewish state. ``(B) Firm public commitments to and endorsements of peaceful co-existence with the Jewish State of Israel. ``(C) Production, distribution, and public display via all media platforms, schools, mosques, educational materials and elsewhere of maps that show the State of Israel existing as `Israel' side-by-side with `Palestine' and halting all production, distribution, or public display of maps that do not include a state of Israel.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies with respect to funds made available under the Foreign Assistance Act of 1961 for fiscal year 2014 and subsequent fiscal years.

Palestinian Peace Promotion and Ant-Incitement Act - Expresses the sense of Congress that the Palestinian Authority (PA) has not lived up to its agreements with Israel to end incitement and should do more to prepare the Palestinian people for peace with Israel. Amends the Foreign Assistance Act of 1961 to make funds available for the PA only during a period for which a certification or a recertification is in effect that contains a determination by the President that the PA: (1) no longer engages in a pattern of incitement against the United States or Israel, and (2) is engaged in activities aimed at promoting peace with the Jewish State of Israel. Requires that: (1) recertifications with related reports be made every six months and transmitted to Congress; and (2) if unable to make such a recertification, the President report the reasons to Congress.

Palestinian Peace Promotion and Anti-Incitement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Medicare Home Health Care Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Over 30,000,000 beneficiaries under the medicare program under title XVIII of the Social Security Act rely on providers of home health services to provide them with cost- effective, high quality home health care. (2) The medicare home health benefit enables many medicare beneficiaries to remain at home and to live with dignity and independence despite serious health conditions. (3) The medicare home health benefit helps alleviate the burden of medicare beneficiaries on hospitals and skilled nursing facilities, where services provided to medicare beneficiaries are more expensive. (4) The amendments made by the Balanced Budget Act of 1997 to title XVIII of the Social Security Act were originally projected to cut $16,100,000,000 from the medicare home health benefit between fiscal years 1998 and 2002. (5) The Congressional Budget Office recently projected that those amendments made by the Balanced Budget Act of 1997 will actually cut $69,400,000,000 from the medicare home health benefit between fiscal years 1998 and 2002. (6) The recent projections by the Congressional Budget Office represent more than 4 times the amount of the reduction in the medicare home health benefit originally projected to take effect as a result of the amendments made by the Balanced Budget Act of 1997. (7) The failure of the Health Care Financing Administration to disburse payments under the interim payment system established by the Balanced Budget Act of 1997 under section 1861(v)(1)(L) of the Social Security Act in a timely manner has resulted in medicare overpayments to thousands of providers of home health services, leaving many of these providers on precarious financial footing. (8) Access to care, particularly for high-cost and long- term patients, has become a growing problem because the amount of payment for these types of patients under the current interim payment system is insufficient. (9) Under the proposed regulation implementing the new prospective payment system, 50 percent of the prospective payment amount will be paid upon receipt and processing of the providers initial claim for reimbursement and 50 percent of that amount will be delayed until the final claim is processed at the end of the 60-day episode period. (10) Medicare beneficiaries incur most home health care expenses during the first 30 days of a 60-day episode period and providers of home health services do not have large cash reserves to support delayed payment for those services under the medicare program. (11) It is essential that the Administrator of the Health Care Financing Administration ensure that the initial payment to providers of home health services during a 60-day episode period of home health care provided under the medicare home health benefit provides a steady cash flow for those providers so that medicare beneficiaries may continue to receive necessary home health services. (12) Studies by the Medicare Payment Advisory Commission established under section 1805 of the Social Security Act have indicated that certain populations of medicare beneficiaries risk not receiving necessary home health services because of the systemic changes made by the Balanced Budget Act of 1997. (13) Because the aggregate amount of payment made for all home health services during the first year in which payment will be made for those services under the prospective payment system is limited to the amount that would have been paid in such year for those services under the interim payment system, there is an enormous risk that this limited amount will be insufficient, resulting in a perpetuation of the current crisis under the interim payment system for home health services. SEC. 3. ELIMINATION OF 15 PERCENT REDUCTION IN PAYMENT RATES UNDER THE MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH SERVICES. (a) In General.--Section 1895(b)(3)(A) of the Social Security Act (42 U.S.C. 1395fff(b)(3)(A)), as amended by sections 302(b) and 303(f) of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (113 Stat. 1501A-359, 361), as enacted into law by section 1000(a)(6) of Public Law 106-113, is amended to read as follows: ``(A) Initial basis.--Under such system the Secretary shall provide for computation of a standard prospective payment amount (or amounts). Such amount (or amounts) shall initially be based on the most current audited cost report data available to the Secretary and shall be computed in a manner so that the total amounts payable under the system for the 12-month period beginning on the date the Secretary implements the system shall be equal to the total amount that would have been made if the system had not been in effect and if section 1861(v)(1)(L)(ix) had not been enacted. Each such amount shall be standardized in a manner that eliminates the effect of variations in relative case mix and area wage adjustments among different home health agencies in a budget neutral manner consistent with the case mix and wage level adjustments provided under paragraph (4)(A). Under the system, the Secretary may recognize regional differences or differences based upon whether or not the services or agency are in an urbanized area.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Medicare, Medicaid, and SCHIP Balanced Budget Refinement Act of 1999 (Public Law 106-113). SEC. 4. OVERPAYMENTS. (a) 36-Month Repayment Period.--In the case of an overpayment by the Secretary of Health and Human Services to a home health agency for home health services furnished during a cost reporting period beginning on or after October 1, 1997, as a result of payment limitations provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health agency may elect to repay the amount of such overpayment over a 36- month period beginning on the date of notification of such overpayment. (b) Interest on Overpayment Amounts.-- (1) 36-month grace period.-- (A) In general.--In the case of an agency that makes an election under subsection (a), no interest shall accrue on the outstanding balance of the amount of overpayment during such 36-month period. (B) Overdue balances.--In the case of such an agency, interest shall accrue on any outstanding balance of the amount of overpayment after termination of such 36-month period. Interest shall accrue under this subparagraph at the rate of interest charged by banks for loans to their most favored commercial customers, as published in the Wall Street Journal on the Friday immediately following the date of the enactment of this Act. (2) Other agencies.--In the case of an agency described in subsection (a) that does not make an election under subsection (a), interest shall accrue on the outstanding balance of the amount of overpayment at the rate described in the second sentence of paragraph (1)(B). (c) Termination.--No election under subsection (a) may be made for cost reporting periods, or portions of cost reporting periods, beginning on or after the date of the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (d) Effective Date.--The provisions of subsection (a) shall take effect as if included in the enactment of the Balanced Budget Act of 1997. SEC. 5. ADDITIONAL PAYMENTS UNDER THE PROSPECTIVE PAYMENT SYSTEM FOR SERVICES FURNISHED IN RURAL AREAS AND SECURITY SERVICES. (a) Increase in Payment Rates for Rural Agencies.--Section 1895(b) of the Social Security Act (42 U.S.C. 1395fff(b)) is amended by adding at the end the following new paragraph: ``(7) Additional payment amount for services furnished in rural areas.--In the case of home health services furnished in a rural area (as defined in section 1886(d)(2)(D)), the Secretary shall provide for an addition or adjustment to the payment amount otherwise made under this section for services furnished in a rural area in an amount equal to 10 percent of the amount otherwise determined under this subsection.''. (b) Additional Payment for Security Services.--Section 1895(b) of such Act (42 U.S.C. 1395fff(b)(3)), as amended by subsection (a), is further amended by adding at the end the following paragraph: ``(8) Additional payment for security services.--The Secretary shall provide for an addition or adjustment to the payment amount otherwise made under this section for the reasonable cost (as defined in section 1861(v)(1)(A)) of furnishing protective services to individuals furnishing home health services under this title in areas where such individuals are at risk of physical harm, as determined by the Secretary.''. (c) Waiving Budget Neutrality.--Section 1895(b)(3) of such Act (42 U.S.C. 1395fff(b)(3)) is amended by adding at the end the following new subparagraph: ``(D) No adjustment for additional payments for rural services and security services.--The Secretary shall not reduce the standard prospective payment amount (or amounts) under this paragraph applicable to home health services furnished during a period to offset the increase in payments resulting from the application of paragraph (7) (relating to services furnished in rural areas) and paragraph (8) (relating to costs of security services).''. (d) Effective Date.--The amendments made by this section shall take effect on the date that is 270 days after the date of the enactment of this Act. SEC. 6. RULE OF CONSTRUCTION RELATING TO TELEHOMEHEALTH SERVICES. (a) In General.--Section 1895(b) of such Act (42 U.S.C. 1395fff(b)(3)), as amended by section 3, is further amended by adding at the end the following paragraph: ``(9) Rule of construction relating to telehomehealth services.-- ``(A) In general.--Nothing in this section, or in section 4206(a) of the Balanced Budget Act of 1997 (42 U.S.C. 1395l note), shall be construed as preventing a home health agency receiving payment under this section from furnishing a home health service via a telecommunications system. ``(B) Limitation.--The Secretary shall not consider a home health service provided in the manner described in subparagraph (A) to be a home health visit for purposes of-- ``(i) determining the amount of payment to be made under this section; or ``(ii) any requirement relating to the certification of a physician required under section 1814(a)(2)(C).''. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report containing the recommendations of the Secretary with respect to the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service for purposes of-- (1) payment for such services under section 1895 of the Social Security Act (42 U.S.C. 1395fff), and (2) requirements with respect to physician certification of the need for home health services under section 1814(a)(2)(C) of such Act (42 U.S.C. 1395f(a)(2)(C)).

Directs the Secretary of Health and Human Services to report to Congress on the feasibility and advisability of including home health services furnished by telecommunications systems as a home health service for purposes of payment for such services under the PPS, and of requirements with respect to physician certification of the need for home health services.

Equal Access to Medicare Home Health Care Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Rural Schools and Payment in Lieu of Taxes Repair Act''. SEC. 2. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF- DETERMINATION PROGRAM. (a) Definition of Full Funding Amount.--Section 3(11) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7102(11)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C)-- (A) by striking ``fiscal year 2012 and each fiscal year thereafter'' and inserting ``each of fiscal years 2012 and 2013''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(D) for fiscal year 2014 and each fiscal year thereafter, the amount that is equal to the full funding amount for fiscal year 2011.''. (b) Secure Payments for States and Counties Containing Federal Land.-- (1) Availability of payments.--Section 101 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is amended by striking ``2013'' each place it appears and inserting ``2016''. (2) Elections.--Section 102(b) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(b)) is amended-- (A) in paragraph (1)(A), by striking ``by August 1, 2013 (or as soon thereafter as the Secretary concerned determines is practicable), and August 1 of each second fiscal year thereafter'' and inserting ``by August 1 of each applicable fiscal year (or as soon thereafter as the Secretary concerned determines is practicable)''; and (B) in paragraph (2)(B)-- (i) by striking ``in 2013'' and inserting ``in 2014''; and (ii) by striking ``fiscal year 2013'' and inserting ``fiscal year 2016''. (3) Election as to use of balance.--Section 102(d)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(1)) is amended-- (A) in subparagraph (B)(ii), by striking ``not more than 7 percent of the total share for the eligible county of the State payment or the county payment'' and inserting ``any portion of the balance''; and (B) by striking subparagraph (C) and inserting the following: ``(C) Counties with major distributions.--In the case of each eligible county to which $350,000 or more is distributed for any fiscal year pursuant to paragraph (1)(B) or (2)(B) of subsection (a), the eligible county shall elect to do 1 or more of the following with the balance of any funds not expended pursuant to subparagraph (A): ``(i) Reserve any portion of the balance for projects in accordance with title II. ``(ii) Reserve not more than 7 percent of the total share for the eligible county of the State payment or the county payment for projects in accordance with title III. ``(iii) Return the portion of the balance not reserved under clauses (i) and (ii) to the Treasury of the United States.''. (4) Notification of election.--Section 102(d)(3)(A) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(3)(A)) is amended by striking ``2012,'' and inserting ``2014 (or as soon thereafter as the Secretary concerned determines is practicable)''. (5) Failure to elect.--Section 102(d)(3)(B)(ii) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7112(d)(3)(B)(ii)) is amended by striking ``purpose described in section 202(b)'' and inserting ``purposes described in section 202(b), 203(c), or 204(a)(5)''. (6) Distribution of payments to eligible counties.--Section 103(d)(2) of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by striking ``2013'' and inserting ``2016''. (c) Continuation of Authority To Conduct Special Projects on Federal Land.-- (1) Submission of project proposals.--Section 203(a)(1) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7123(a)(1)) is amended by striking ``September 30 for fiscal year 2008 (or as soon thereafter as the Secretary concerned determines is practicable), and each September 30 thereafter for each succeeding fiscal year through fiscal year 2013'' and inserting ``September 30 of each applicable fiscal year (or as soon thereafter as the Secretary concerned determines is practicable)''. (2) Evaluation and approval of projects by secretary concerned.--Section 204(e) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7124(e)) is amended by striking paragraph (3). (3) Resource advisory committees.--Section 205(a)(4) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2012'' each place it appears and inserting ``2015''. (4) Availability of project funds.--Section 207(a) of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7127(a)) is amended by striking ``September 30, 2008 (or as soon thereafter as the Secretary concerned determines is practicable), and each September 30 thereafter for each succeeding fiscal year through fiscal year 2013'' and inserting ``September 30 of each applicable fiscal year (or as soon thereafter as the Secretary concerned determines is practicable)''. (5) Termination of authority.--Section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) is amended-- (A) in subsection (a), by striking ``2013'' and inserting ``2016 (or as soon thereafter as the Secretary concerned determines is practicable)''; and (B) in subsection (b), by striking ``2014'' and inserting ``2017''. (d) Continuation of Authority To Reserve and Use County Funds.-- Section 304 of the Secure Rural Schools and Community Self- Determination Act of 2000 (16 U.S.C. 7144) is amended-- (1) in subsection (a), by striking ``2013'' and inserting ``2016 (or as soon thereafter as the Secretary concerned determines is practicable)''; and (2) in subsection (b), by striking ``September 30, 2014, shall be returned to the Treasury of the United States'' and inserting ``September 30, 2017, may be retained by the counties for the purposes identified in section 302(a)(2)''. (e) Authorization of Appropriations.--Section 402 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7152) is amended by striking ``2013'' and inserting ``2016''. (f) Availability of Funds.-- (1) Title ii funds.--Any funds that were not obligated as required by section 208 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7128) (as in effect on the day before the date of enactment of this Act) shall be available for use in accordance with title II of that Act (16 U.S.C. 7121 et seq.). (2) Title iii funds.--Any funds that were not obligated as required by section 304 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7144) (as in effect on the day before the date of enactment of this Act) shall be available for use in accordance with title III of that Act (16 U.S.C. 7141 et seq.). SEC. 3. RESTORING MANDATORY FUNDING STATUS TO THE PAYMENT IN LIEU OF TAXES PROGRAM. Section 6906 of title 31, United States Code, is amended in the matter preceding paragraph (1), by striking ``of fiscal years 2008 through 2014'' and inserting ``fiscal year''.

Secure Rural Schools and Payment in Lieu of Taxes Repair Act This bill extends the Secure Rural Schools and Community Self-Determination Program through FY2016 at FY2011 funding levels. This Program provides payments to state jurisdictions to compensate for the cost of providing services in tax-exempt federal lands within such jurisdictions. The bill also eliminates the fiscal year limitation on funding for the Payments in Lieu of Taxes Program. This program compensates local governments for tax revenue lost due to tax-exempt federal lands within their boundaries.

Secure Rural Schools and Payment in Lieu of Taxes Repair Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pigford and Individual Indian Money Account Litigation Settlement Act of 2010''. SEC. 2. PIGFORD SETTLEMENT AGREEMENT. (a) There is hereby appropriated to the Department of Agriculture, $1,150,000,000, to remain available until expended, to carry out the terms of a Settlement Agreement (``such Settlement Agreement'') executed by In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.) that is approved by a court order that has become final and nonappealable, and that is comprehensive and provides for the final settlement of all remaining Pigford claims (``Pigford claims''), as defined in section 14012(a) of Public Law 110-246. The funds appropriated herein for such Settlement Agreement are in addition to the $100,000,000 in funds of the Commodity Credit Corporation (CCC) that section 14012 made available for the payment of Pigford claims and are available only after such CCC funds have been fully obligated. The use of the funds appropriated herein shall be subject to the express terms of such Settlement Agreement. If any of the funds appropriated herein are not used for carrying out such Settlement Agreement, such funds shall be returned to the Treasury and shall not be made available for any purpose related to section 14012, for any other settlement agreement executed In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.), or for any other purpose. If such Settlement Agreement is not executed and approved as provided above, then the sole funding available for Pigford claims shall be the $100,000,000 of funds of the CCC that section 14012 made available for the payment of Pigford claims. (b) Nothing in this section shall be construed as requiring the United States, any of its officers or agencies, or any other party to enter into such Settlement Agreement or any other settlement agreement. (c) Nothing in this section shall be construed as creating the basis for a Pigford claim. (d) Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209) is amended-- (1) in subsection (c)(1)-- (A) by striking ``subsection (h)'' and inserting ``subsection (g)''; and (B) by striking ``subsection (i)'' and inserting ``subsection (h)''; (2) by striking subsection (e); (3) in subsection (g), by striking ``subsection (f)'' and inserting ``subsection (e)''; (4) in subsection (i)-- (A) by striking ``(i)'' and all that follows through ``Of the funds'' and inserting the following: ``(h) Funding.--Of the funds''; (B) by striking ``subsection (g)'' and inserting ``subsection (f)''; and (C) by striking paragraph (2); (5) by striking subsection (j); and (6) by redesignating subsections (f), (g), (h), and (k) as subsections (e), (f), (g), and (i), respectively. SEC. 3. THE INDIVIDUAL INDIAN MONEY ACCOUNT LITIGATION SETTLEMENT ACT OF 2010. (a) Definitions.--In this Act: (1) Amended complaint.--The term ``Amended Complaint'' means the Amended Complaint attached to the Settlement. (2) Land consolidation program.--The term ``Land Consolidation Program'' means a program conducted in accordance with the Settlement and the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) under which the Secretary may purchase fractional interests in trust or restricted land. (3) Litigation.--The term ``Litigation'' means the case entitled Elouise Cobell et al. v. Ken Salazar et al., United States District Court, District of Columbia, Civil Action No. 96-1285 (JR). (4) Plaintiff.--The term ``Plaintiff'' means a member of any class certified in the Litigation. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) Settlement.--The term ``Settlement'' means the Class Action Settlement Agreement dated December 7, 2009, in the Litigation, as modified by the parties to the Litigation. (7) Side agreement on attorneys' fees, expenses, and costs.--The term ``Side Agreement on Attorneys' Fees, Expenses, and Costs'' means an agreement dated December 7, 2009, between Class Counsel (as defined in the Settlement) and the Defendants (as defined in the Settlement) relating to attorneys' fees, expenses, and costs incurred by Class Counsel in connection with the Litigation and implementation of the Settlement. (8) Trust administration class.--The term ``Trust Administration Class'' means the Trust Administration Class as defined in the Settlement. (b) Purpose.--The purpose of this section is to authorize the Settlement. (c) Authorization.--The Settlement is authorized, ratified, and confirmed. (d) Jurisdictional Provisions.-- (1) In general.--Notwithstanding the limitation of jurisdiction of district courts contained in section 1346(a)(2) of title 28, United States Code, the United States District Court for the District of Columbia shall have jurisdiction over the claims asserted in the Amended Complaint for purposes of the Settlement. (2) Certification of trust administration class.-- (A) In general.--Notwithstanding the requirements of the Federal Rules of Civil Procedure, the court overseeing the Litigation may certify the Trust Administration Class. (B) Treatment.--On certification under subparagraph (A), the Trust Administration Class shall be treated as a class under Federal Rule of Civil Procedure 23(b)(3) for purposes of the Settlement. (e) Trust Land Consolidation.-- (1) Trust land consolidation fund.-- (A) Establishment.--On final approval (as defined in the Settlement) of the Settlement, there shall be established in the Treasury of the United States a fund, to be known as the ``Trust Land Consolidation Fund''. (B) Availability of amounts.--Amounts in the Trust Land Consolidation Fund shall be made available to the Secretary during the 10-year period beginning on the date of final approval of the Settlement-- (i) to conduct the Land Consolidation Program; and (ii) for other costs specified in the Settlement. (C) Deposits.-- (i) In general.--On final approval (as defined in the Settlement) of the Settlement, the Secretary of the Treasury shall deposit in the Trust Land Consolidation Fund $2,000,000,000 of the amounts appropriated by section 1304 of title 31, United States Code. (ii) Conditions met.--The conditions described in section 1304 of title 31, United States Code, shall be considered to be met for purposes of clause (i). (D) Transfers.--In a manner designed to encourage participation in the Land Consolidation Program, the Secretary may transfer, at the discretion of the Secretary, not more than $60,000,000 of amounts in the Trust Land Consolidation Fund to the Indian Education Scholarship Holding Fund established under paragraph 2. (2) Indian education scholarship holding fund.-- (A) Establishment.--On final approval (as defined in the Settlement) of the Settlement, there shall be established in the Treasury of the United States a fund, to be known as the ``Indian Education Scholarship Holding Fund''. (B) Availability.--Notwithstanding any other provision of law governing competition, public notification, or Federal procurement or assistance, amounts in the Indian Education Scholarship Holding Fund shall be made available, without further appropriation, to the Secretary to contribute to an Indian Education Scholarship Fund, as described in the Settlement, to provide scholarships for Native Americans. (3) Acquisition of trust or restricted land.--The Secretary may acquire, at the discretion of the Secretary and in accordance with the Land Consolidation Program, any fractional interest in trust or restricted land. (4) Treatment of unlocatable plaintiffs.--A Plaintiff the whereabouts of whom are unknown and who, after reasonable efforts by the Secretary, cannot be located during the 5-year period beginning on the date of final approval (as defined in the Settlement) of the Settlement shall be considered to have accepted an offer made pursuant to the Land Consolidation Program. (f) Taxation and Other Benefits.-- (1) Internal revenue code.--For purposes of the Internal Revenue Code of 1986, amounts received by an individual Indian as a lump sum or a periodic payment pursuant to the Settlement-- (A) shall not be included in gross income; and (B) shall not be taken into consideration for purposes of applying any provision of the Internal Revenue Code that takes into account excludable income in computing adjusted gross income or modified adjusted gross income, including section 86 of that Code (relating to Social Security and tier 1 railroad retirement benefits). (2) Other benefits.--Notwithstanding any other provision of law, for purposes of determining initial eligibility, ongoing eligibility, or level of benefits under any Federal or federally assisted program, amounts received by an individual Indian as a lump sum or a periodic payment pursuant to the Settlement shall not be treated for any household member, during the 1-year period beginning on the date of receipt-- (A) as income for the month during which the amounts were received; or (B) as a resource. (g) Incentive Awards and Award of Fees, Expenses, and Costs Under Settlement Agreement.-- (1) In general.--The Court shall determine the amount to which the Plaintiffs in the Litigation may be entitled for incentive awards and for attorneys' fees, expenses, and costs-- (A) in accordance with controlling law, including (with respect to attorneys' fees, expenses, and costs) any applicable rule of law requiring counsel to produce contemporaneous time, expense, and cost records in support of a motion for such time, expense, and cost records; and (B) giving due consideration to the special status of Class Members (as defined in the Settlement) as beneficiaries of a federally created and administered trust. (2) Notice of side agreement on attorneys' fees, expenses, and costs.--The description of the request of Class Counsel for an amount of attorneys' fees, expenses, and costs required under paragraph C.1.d. of the Settlement shall include a description of all material provisions of the Side Agreement on Attorneys' Fees, Expenses, and Costs. (h) Selection of 1 or More Qualifying Banks.--The Court, in exercising the discretion of the Court to approve the selection of any proposed Qualifying Bank (as defined in the Settlement) under paragraph A.1. of the Settlement, may consider any factors or circumstances regarding the proposed Qualifying Bank that the Court determines to be appropriate to protect the rights and interests of Class Members (as defined in the Settlement) in the funds to be deposited in the Settlement Account (as defined in the Settlement). (i) Trust Land Consolidation Fund.-- (1) Consultation.--In implementing paragraph F. of the Settlement, the Secretary shall consult with federally recognized Indian tribes with respect to-- (A) prioritizing and selecting tracts of land for consolidation of fractionated interests; and (B) otherwise implementing the Settlement with regard to consolidation of fractionated interests under the Settlement. (2) Contracting and compacting.--Notwithstanding any provision of the Indian Land Consolidation Act (25 U.S.C. 2201 et seq.), the Secretary shall implement paragraph F. of the Settlement through contracts or compacts under titles I and IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). (j) Trust Administration Class Adjustments.-- (1) In general.--In addition to any amounts deducted from the Accounting/Trust Administration Fund under paragraph E.4.b.2. of the Settlement, the Court shall require the Claims Administrator (as defined in the Settlement) to set aside, from the funds paid into the Accounting/Trust Administration Fund (as defined in the Settlement) pursuant to paragraph E.2.a. of the Settlement, $50,000,000 for making equitable adjustments to the payments to members of the Trust Administration Class (2) Purpose of adjustments.--The purpose of the adjustments under this subsection is to provide additional compensation to any member of the Trust Administration Class who demonstrates that the pro rata formula calculated under paragraph E.4.b.(3) of the Settlement does not provide fair compensation to such member of that class. (3) Procedures.--Except as provided in paragraph (5), the procedures, manner, sufficiency of proof, and other requirements for members of the Trust Administration Class to receive adjustments under this subsection shall be established by, and be within the discretion of, the Court. (4) Amount of adjustments.--Whether a requested adjustment under this subsection should be made and the amount of any such adjustment shall be within the discretion of the Court and not subject to appeal. (5) Timing of adjustments.--Any adjustment payments authorized under this subsection shall be distributed after payments have been made to class members under paragraphs E.3. and 4. of the Settlement. (6) Remaining funds.--Any funds remaining in the amount set aside under paragraph (1) after completing the payments of equitable adjustments under this subsection shall be distributed to all members of the Trust Administration Class in accordance with the pro rata percentages calculated for the members of that class under paragraph E.4.b.(3) of the Settlement. (7) Special master.-- (A) In general.--At the discretion of the Court, the determination of the amount of equitable adjustments under this subsection may be made by the special master appointed under the Settlement. (B) Review and approval.--Any adjustments made by the special master under subparagraph (A) shall be subject to the review of the Court. (k) Appointees to Special Board of Trustees.--The 2 members of the special board of trustees to be selected by the Secretary under paragraph G.3. of the Settlement shall be selected only after consultation with, and after considering the names of possible candidates offered by, federally recognized Indian tribes. SEC. 4. USE OF STIMULUS FUNDS TO OFFSET SPENDING. (a) In General.--The unobligated balance of each amount appropriated or made available under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115) (other than under title X of division A of that Act) is rescinded, on a pro rata basis, by an aggregate amount that equals the amounts necessary to offset any net increase in spending or foregone revenues resulting from this Act and the amendments made by this Act. (b) Report.--The Director of the Office of Management and Budget shall submit to each congressional committee the amounts rescinded under subsection (a) that are within the jurisdiction of the committee.

Pigford and Individual Indian Money Account Litigation Settlement Act of 2010 - Appropriates to the Department of Agriculture $1.15 billion to carry out the terms of a Settlement Agreement executed by In re Black Farmers Discrimination Litigation that is approved by a court order that has become final and nonappealable, and that is comprehensive and provides for the final settlement of all remaining Pigford claims (relating to a racial discrimination action against the Department of Agriculture). Provides that the $1.15 billion shall be in addition to the $100 million in funds of the Commodity Credit Corporation (CCC) made available for the payment of Pigford claims and are available only after such CCC funds have been fully obligated. Provides that if such Settlement Agreement is not executed and approved as provided above, then the sole funding available for Pigford claims shall be the $100 million of CCC funds. Authorizes, ratifies, and confirms the Class Action Settlement Agreement dated December 7, 2009, in the case entitled Elouise Cobell et al. v. Ken Salazar et al. Establishes the Trust Land Consolidation Fund, and provides for the deposit of $2 billion in the Fund, on final approval of the Settlement, with funds being made available to the Secretary of the Interior: (1) to conduct the Land Consolidation Program (a program under which the Secretary may purchase fractional interests in trust or restricted land); and (2) for other costs of the Settlement. Establishes, on final approval of the Settlement, the Indian Education Scholarship Holding Fund to provide scholarships for Native Americans through an Indian Education Scholarship Fund. Excludes amounts received by an individual Indian as a lump sum or a periodic payment pursuant to the Settlement from: (1) gross income and adjusted gross income under the Internal Revenue Code; and (2) being considered for purposes of determining eligibility or level of benefits under any federal or federally assisted program, during the one-year period beginning on the date of receipt. Provides for the determination of incentive awards, fees, expenses, and costs under the Settlement.

A bill to provide funding for the settlement of lawsuits against the Federal government for discrimination against Black Farmers and the mismanagement of Native American trust accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cherry Valley National Wildlife Refuge 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: (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. (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 established by this Act as the 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. ESTABLISHMENT AND PURPOSE OF REFUGE. (a) Establishment.--The Secretary shall establish as a national wildlife refuge the lands, waters, and interests therein acquired under section 5, at such time as the Secretary determines that sufficient property has been acquired by the United States to constitute an area that can be effectively managed as a national wildlife refuge for the purposes set forth in subsection (b) of this section. The national wildlife refuge so established shall be known as the ``Cherry Valley National Wildlife Refuge''. (b) Purposes.--The primary purposes of the Refuge are the following: (1) To preserve and enhance the Refuge's lands and waters in a manner that will conserve the natural diversity of fish, wildlife, plants, and their habitats for present and future generations, through voluntary conservation agreements, partnerships with local communities, and transactions with willing landowners. (2) To conserve and enhance populations of fish, wildlife, and plants within the Refuge, including populations of bog turtle, waterfowl, raptors, passerines, and neo-tropical migratory birds. (3) To protect and enhance the quality of aquatic and wetland habitats within the Refuge. (4) To fulfill international obligations of the United States with respect to fish, wildlife, and their habitats. (5) To provide opportunities for compatible scientific research, environmental education, and fish and wildlife- oriented recreation in collaboration with private and public entities. (c) Notice of Establishment.--The Secretary shall publish a notice of the establishment of the Refuge-- (1) in the Federal Register; and (2) in publications of local circulation in the vicinity of the Refuge. SEC. 4. ADMINISTRATION OF REFUGE. (a) In General.--The Secretary shall administer all lands, waters, and interests therein acquired under section 5 in accordance with-- (1) the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) and the Act of September 28, 1962 (76 Stat. 653; 16 U.S.C. 460k et seq.; popularly known as the Refuge Recreation Act); (2) the purposes of the Refuge set forth in section 3(b); and (3) the management plan issued under subsection (c). (b) Study of Selection Area.-- (1) Requirement.--The Secretary, acting through the Director of the United States Fish and Wildlife Service, shall conduct a study of fish and wildlife habitat and aquatic and terrestrial communities of the selection area described in section 5(c)(2). (2) Report.--Not later than 18 months after the date of the enactment of the Act, the Secretary shall complete such study and submit a report containing the results thereof to the Congress. (3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary $200,000 to carry out the study. (c) Management Plan.-- (1) In general.--Not later than 30 months after the date of the enactment of this Act, the Secretary shall issue a management plan for the Refuge. (2) Contents.--The management plan shall include provisions that provide for the following: (A) Planning and design of trails and access points. (B) Planning of wildlife and habitat restoration, including reforestation. (C) Permanent exhibits and facilities and regular educational programs throughout the Refuge. (3) Public participation.-- (A) In general.--The Secretary shall provide an opportunity for public participation in developing the management plan. (B) Local views.--The Secretary shall give special consideration to views by local public and private entities and individuals in developing the management plan. SEC. 5. ACQUISITION OF LANDS, WATERS, AND INTERESTS THEREIN. (a) In General.--The Secretary shall seek to acquire up to 30,000 acres of land, water, or interests therein (including permanent conservation easements or servitudes) within the boundaries designated under subsection (c). All lands, waters, and interests acquired under this subsection shall be part of the Refuge. (b) Method of Acquisition.--The Secretary may acquire an interest in land or water for inclusion in the Refuge only by donation, exchange, or purchase from a willing seller. (c) Designation of Boundaries.-- (1) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall-- (A) consult with appropriate State and local officials, private conservation organizations, and other interested parties, regarding the designation of appropriate boundaries for the Refuge within the selection area; (B) designate boundaries of the Refuge that are within the selection area and adequate for fulfilling the purposes of the Refuge set forth in section 3(b); and (C) prepare a detailed map, entitled ``Cherry Valley National Wildlife Refuge'', depicting the boundaries of the Refuge designated under subparagraph (B). (2) Selection area.--For purposes of this subsection, the selection area consists of approximately 30,000 acres located in Monroe County, Pennsylvania, that-- (A) encompasses the watershed of Cherry Creek, portions of the McMichaels and Aquashicola Creeks watersheds, and an area that drains directly into the Delaware River; and (B) is contiguous to the Delaware Water Gap National Recreation Area. (3) Availability of map; notice.--The Secretary shall-- (A) keep the map prepared under paragraph (1) on file and available for public inspection at offices of the United States Fish and Wildlife Service in the District of Columbia and Pennsylvania; and (B) publish in the Federal Register a notice of that availability. (d) Boundary Revisions.--The Secretary may make such minor revisions in the boundaries designated under subsection (c) as may be appropriate to achieve the purposes of the Refuge under section 3(b) or to facilitate the acquisition of property for the Refuge. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Refuge.--The term ``Refuge'' means the Cherry Valley National Wildlife Refuge established under section 3. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

Cherry Valley National Wildlife Refuge Act - Directs the Secretary of the Interior to to acquire necessary lands, waters, and other property interests to establish a national wildlife refuge in northeastern Pennsylvania to be known as the Cherry Valley National Wildlife Refuge.

To direct the Secretary of the Interior to establish the Cherry Valley National Wildlife Refuge in Northeastern Pennsylvania, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy Veterans' Health Initiative Act''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratory.--The term ``National Laboratory'' has the meaning given that term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. PURPOSES. The purposes of this Act are to advance Department of Energy expertise in artificial intelligence and high performance computing in order to improve health outcomes for veteran populations by-- (1) supporting basic research through the application of artificial intelligence, high performance computing, modeling and simulation, machine learning, and large scale data analytics to identify and solve outcome-defined challenges in the health sciences; (2) maximizing the impact of the Department of Veterans Affairs' health and genomics data housed at the National Laboratories, as well as data from other sources, on science, innovation, and health care outcomes through the use and advancement of artificial intelligence and high-performance computing capabilities of the Department of Energy; (3) promoting collaborative research through the establishment of partnerships to improve data sharing between Federal agencies, National Laboratories, institutions of higher education, and nonprofit institutions; (4) establishing multiple scientific computing user facilities to house and provision available data to foster transformational outcomes; and (5) driving the development of technology to improve artificial intelligence, high performance computing, and networking relevant to mission applications of the Department of Energy, including modeling, simulation, machine learning, and advanced data analytics. SEC. 4. DEPARTMENT OF ENERGY VETERANS HEALTH RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary shall establish and carry out a research program in artificial intelligence and high performance computing, focused on the development of tools to solve big data challenges associated with veteran's healthcare, and to support the efforts of the Department of Veterans Affairs to identify potential health risks and challenges utilizing data on long term healthcare, health risks, and genomic data collected from veteran populations. The Secretary shall carry out this program through a competitive, merit- reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities. (b) Program Components.--In carrying out the program established under subsection (a), the Secretary may-- (1) conduct basic research in modeling and simulation, machine learning, large scale data analytics, and predictive analysis in order to develop novel or optimized algorithms for prediction of disease treatment and recovery; (2) develop methods to accommodate large data sets with variable quality and scale, and to provide insight and models for complex systems; (3) develop new approaches and maximize the use of algorithms developed through artificial intelligence, machine learning, data analytics, natural language processing, modeling and simulation, and develop new algorithms suitable for high performance computing systems and large biomedical data sets; (4) advance existing and construct new data enclaves capable of securely storing data sets provided by the Department of Veterans Affairs, Department of Defense, and other sources; and (5) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities. (c) Coordination.--In carrying out the program required under subsection (a), the Secretary is authorized to-- (1) enter into memoranda of understanding in order to carry out reimbursable agreements with the Department of Veterans Affairs and other entities in order to maximize the effectiveness of Department of Energy research and development to improve veterans' healthcare; (2) consult with the Department of Veterans Affairs and other Federal agencies as appropriate; and (3) ensure that data storage meets all privacy and security requirements established by the Department of Veterans Affairs, and that access to data is provided in accordance with relevant Department of Veterans Affairs data access policies, including informed consent. (d) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology and the Committee on Veterans' Affairs of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Veterans' Affairs of the Senate, a report detailing the effectiveness of-- (1) the interagency coordination between each Federal agency involved in the research program carried out under this section; (2) collaborative research achievements of the program; and (3) potential opportunities to expand the technical capabilities of the Department. (e) Funding.--The Secretary of Veterans Affairs shall devote $27,000,000 to carry out the activities authorized under this section during fiscal years 2019 through 2023, subject to the availability of appropriations, to come from amounts made available for medical and prosthetic research. This section shall be carried out using funds otherwise appropriated by law after the date of enactment of this Act. SEC. 5. ARTIFICIAL INTELLIGENCE, DATA ANALYTICS, AND COMPUTATIONAL RESEARCH PILOT PROGRAM. (a) In General.--The Secretary shall carry out a pilot program to develop tools for big data analytics by utilizing data sets generated by Federal agencies, institutions of higher education, nonprofit research organizations, and industry in order to advance artificial intelligence technologies to solve complex, big data challenges. The Secretary shall carry out this program through a competitive, merit- reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities. (b) Program Components.--In carrying out the pilot program established under subsection (a), the Secretary may-- (1) establish a cross-cutting research initiative to prevent duplication and coordinate research efforts in artificial intelligence and data analytics across the Department; (2) conduct basic research in modeling and simulation, artificial intelligence, machine learning, large scale data analytics, natural language processing, and predictive analysis in order to develop novel or optimized predictive algorithms suitable for high performance computing systems and large biomedical data sets; (3) develop multivariate optimization models to accommodate large data sets with variable quality and scale in order to visualize complex systems; (4) establish multiple scientific computing user facilities to serve as data enclaves capable of securely storing data sets created by Federal agencies, institutions of higher education, nonprofit organizations, or industry at National Laboratories; and (5) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities. (c) Report.--Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report evaluating the effectiveness of the pilot program under subsection (a), including basic research discoveries achieved in the course of the program and potential opportunities to expand the technical capabilities of the Department through the development of artificial intelligence and data analytics technologies. (d) Funding.--For purposes of carrying out this section, the Secretary of Energy shall devote $52,000,000 to carry out this section, which shall include $26,000,000 for each fiscal years 2019 and 2020, subject to the availability of appropriations. This section shall be carried out using funds otherwise appropriated by law after the date of enactment of this Act. SEC. 6. SPENDING LIMITATION. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives September 25, 2018. Attest: KAREN L. HAAS, Clerk.

Department of Energy Veterans' Health Initiative Act (Sec. 4) This bill directs the Department of Energy (DOE) to establish a research program in artificial intelligence and high-performance computing that is focused on the development of tools to: (1) solve big data challenges associated with veterans' health care, and (2) support the Department of Veterans Affairs in identifying potential health risks and challenges. (Sec. 5) DOE shall carry out a pilot program to develop tools for big data analytics in order to advance artificial intelligence technologies to solve complex big data challenges.

Department of Energy Veterans’ Health Initiative Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crime Doesn't Pay Prison Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Supreme Court has held that the Constitution does not mandate comfortable prison conditions; only those deprivations denying the minimal civilized measure of life's necessities are sufficiently grave to form the basis of an eighth amendment violation. Wilson v. Seiter, 115 L. Ed. 2d 271, (1991) (citing Rhodes v. Chapman, 452 U.S. 337 (1981)). (2) An inmate should not be able to successfully challenge conditions of confinement of an institution unless the inmate establishes both that the condition is contrary to the current standards of decency of society and that prison officials are deliberately indifferent to the plight of the inmate. Wilson v. Seiter, 115 L. Ed. 2d 271 (1991). (3) Expenditures on prisons in excess of levels necessary to meet constitutionally mandated conditions of confinement increase the cost of building and administering institutions, thereby diverting funds which could be used to expand current prison capacity throughout the country. Additional prison beds are desperately needed to stop the early release of repeat and violent offenders due to insufficient prison capacity. (4) Public funds that could go to assist the law-abiding poor are being expended to provide facilities and services for inmates at a level exceeding the minimum standard of living for the law-abiding poor and exceeding the conditions mandated by the Constitution. (5) There is a need for Congress, on behalf of the people, to express and codify a national standard of minimum decency for prison conditions. Inmates should not be entitled, by virtue of their imprisonment, to live better than law-abiding persons living at the poverty guideline level of income as determined by the Secretary of Health and Human Services. (6) Federal courts have been besieged by frivolous litigation brought by inmates incarcerated in institutions. Lacking a legislative expression of the contemporary standards of decency relating to prison conditions, Federal courts have become unduly involved in the micromanagement of correctional facilities, a role for which the Supreme Court recognizes courts are ill-suited and which is better left to the expertise of prison administrators. Procunier v. Martinez, 416 U.S. 396, 404-05 (1974). (b) Purposes.--The purposes of this Act are-- (1) to articulate an objective national standard for measuring the minimum decency of prison conditions; (2) to ensure that criminal punishments reflect the seriousness of the offense, promote respect for the law, provide just punishment, afford adequate deterrence, and protect the public from further crimes by requiring that inmates do not live better than law-abiding persons living at the poverty level; (3) to ensure that State governments are required to spend only that amount necessary to achieve the minimum standard for conditions of confinement mandated by the Constitution; and (4) to ensure that Federal courts require only that prison conditions do not constitute the unnecessary and wanton infliction of pain due to the deliberate indifference of institutional administrators, such that inmates are deprived of the minimum civilized measure of life's necessities. Hudson v. McMillan, 117 L. Ed. 2d 156 (1992); Wilson v. Seiter, 115 L. Ed. 2d 271 (1991); Whitely v. Albers, 475 U.S. 312 (1986); Rhodes v. Chapman, 452 U.S. 337 (1981). SEC. 3. JUDICIAL STANDARDS FOR PRISON CONDITIONS. Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by adding at the end the following: ``(d)(1) In any action or proceeding challenging conditions of confinement of an institution, a court may not grant any relief unless the conditions challenged constitute the unnecessary and wanton infliction of pain due to the deliberate indifference of the administrators of the institution such that inmates are deprived of the minimum civilized measure of life's necessities. ``(2)(A) If an institution makes a per-inmate expenditure equal to or exceeding the poverty guideline level there is a presumption that the administrators of the institution are not deliberately indifferent to the unnecessary and wanton infliction of pain and the deprivation of the minimum civilized measure of life's necessities, which may be rebutted only by clear and convincing evidence to the contrary. ``(B) A failure to make a per-inmate expenditure at a level equal to or exceeding the poverty guideline level does not give rise to a presumption that the conditions of confinement of an institution are unconstitutional. ``(3) In this subsection: ``(A) The term `conditions of confinement' means aspects of confinement of an institution, which includes food, shelter, clothing, medical care, goods, services and programs of an institution, but does not include aspects relating to institutional security. ``(B) The term `inmate' means a person committed to the custody of an institution. ``(C) The term `institution' has the meaning given the term in section 721. ``(D) The term `per-inmate expenditure' means the amount equal to the quotient of-- ``(i) an institution's allocated expenditure for providing food, shelter, clothing, medical care, goods, services and programs, excluding costs specifically related to institutional security during the 12-month period preceding the date of the alleged violation; divided by ``(ii) the average number of inmates confined in the institution during that 12-month period. ``(E) The term `poverty guideline level' means the dollar allowance in the poverty guideline for additional family members in the largest households, as established by the Department of Health and Human Services.''.

Crime Doesn't Pay Prison Act - Prohibits a court from granting relief in an action or proceeding challenging conditions of confinement of a correctional institution, unless such conditions constitute the unnecessary and wanton infliction of pain due to the deliberate indifference of the administrators of the institution such that inmates are deprived of the minimum civilized measure of life's necessities. Establishes a presumption that if an institution makes a per-inmate expenditure equal to or exceeding the poverty guideline level, the administrators are not deliberately indifferent to the unnecessary and wanton infliction of pain and the deprivation of the minimum civilized measure of life's necessities, which may be rebutted only by clear and convincing evidence to the contrary. Specifies that a failure to make a per-inmate expenditure equal to or exceeding the poverty guideline level does not give rise to a presumption that the conditions of confinement of an institution are unconstitutional.

Crime Doesn't Pay Prison Act

SECTION 1. APPROPRIATION OF FUNDS FOR FINAL SETTLEMENT OF CLAIMS FROM IN RE BLACK FARMERS DISCRIMINATION LITIGATION. (a) Definitions.--In this section: (1) Pigford claim.--The term ``Pigford claim'' has the meaning given the term in section 14012(a) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209). (2) Settlement agreement.--The term ``Settlement Agreement'' means the settlement agreement dated February 18, 2010 (including any modifications agreed to by the parties and approved by the court under that agreement) between certain plaintiffs, by and through their counsel, and the Secretary of Agriculture to resolve, fully and forever, the claims raised or that could have been raised in the cases consolidated in In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.), including Pigford claims asserted under section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209). (b) Appropriation of Funds.-- (1) In general.--There is hereby appropriated to the Secretary of Agriculture $1,150,000,000, to remain available until expended, to carry out the terms of the Settlement Agreement if the Settlement Agreement is approved by a court order that is or becomes final and nonappealable. (2) Relation to other funding.--The funds appropriated by this subsection-- (A) are in addition to the $100,000,000 of funds of the Commodity Credit Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212); and (B) shall be available for obligation only after those Commodity Credit Corporation funds are fully obligated. (3) Effect of settlement agreement.--If the Settlement Agreement is not approved as provided in this subsection, the $100,000,000 of funds of the Commodity Credit Corporation made available by section 14012(i) of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212) shall be the sole funding available for Pigford claims. (c) Use of Funds.--The use of the funds appropriated by subsection (b) shall be subject to the express terms of the Settlement Agreement. (d) Treatment of Remaining Funds.--If any of the funds appropriated by subsection (b) are not obligated and expended to carry out the Settlement Agreement, the Secretary of Agriculture shall return the unused funds to the Treasury and may not make the unused funds available for any purpose related to section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2212), for any other settlement agreement executed in In re Black Farmers Discrimination Litigation, No. 08-511 (D.D.C.), or for any other purpose. (e) Effect of Legislation.--Nothing in this section-- (1) requires the United States, an officer or agency of the United States, or any other person to enter into the Settlement Agreement or any other settlement agreement; or (2) creates the basis for a Pigford claim. (f) Conforming Amendments.--Section 14012 of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 2209) is amended-- (1) in subsection (c)(1)-- (A) by striking ``subsection (h)'' and inserting ``subsection (g)''; and (B) by striking ``subsection (i)'' and inserting ``subsection (h)''; (2) by striking subsection (e); (3) in subsection (g), by striking ``subsection (f)'' and inserting ``subsection (e)''; (4) in subsection (i)-- (A) by striking ``(i)'' and all that follows through ``Of the funds'' and inserting the following: ``(h) Funding.--Of the funds''; (B) by striking ``subsection (g)'' and inserting ``subsection (f)''; and (C) by striking paragraph (2); (5) by striking subsection (j); and (6) by redesignating subsections (f), (g), (h), and (k) as subsections (e), (f), (g), and (i), respectively. SEC. 2. RELIEF FOR DISCRIMINATION IN A CREDIT PROGRAM OF THE DEPARTMENT OF AGRICULTURE UNDER THE EQUAL CREDIT OPPORTUNITY ACT. (a) Definitions.--In this section: (1) Eligible complaint.--The term ``eligible complaint'' means any written complaint-- (A) that is not employment related; (B) that was filed with the Department of Agriculture after December 31, 1997, and before the earlier of-- (i) 2 years after the date of the alleged violation of the Equal Credit Opportunity Act (15 U.S.C. 1691); and (ii) the date of the enactment of this Act; (C) with respect to which the complainant-- (i) was not a party to the consent decree in the case entitled ``Pigford v. Glickman'', approved by the United States District Court for the District of Columbia on April 14, 1999; and (ii) has not obtained relief from the Department of Agriculture or a court of competent jurisdiction; and (D) does not arise from the same causes of action addressed in the Settlement Agreement (as defined in section 1(a)). (2) Filing period.--The term ``filing period'' means the 2- year period beginning on the date of enactment of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Authorization.--To the extent permitted by the Constitution, and notwithstanding any other period of limitations, in the case of an eligible complaint alleging discrimination in violation of the Equal Credit Opportunity Act (15 U.S.C. 1691) involving a credit program of the Department of Agriculture, a complainant may, before the end of the filing period-- (1) file a civil action under subsection (c); or (2) request administrative review under subsection (d). (c) Civil Action.--A civil action may be filed under this subsection if, with respect to the eligible complaint, the complainant-- (1) has not requested administrative review; or (2) has requested administrative review, and the Secretary, with respect to each request, has either-- (A) issued a determination; or (B) failed to issue a determination by a date that is 180 days after the date on which the request was made. (d) Administrative Review.--Administrative review may be requested under this subsection as follows: (1) Determination on the merits.--A complainant may request a determination on the merits if the complainant, with respect to the eligible complaint, has not filed a civil action. (2) Hearing on the record.--A complainant may request a hearing on the record if the complainant, with respect to the eligible complaint-- (A) has not filed a civil action; (B) has requested a determination on the merits, and the Secretary has not issued such determination by the issuance deadline in subsection (f)(2)(A); and (C) requests such hearing not later than 180 days after the issuance deadline in subsection (f)(2)(A). (e) Settlement.--Notwithstanding any other provision of this section, the Secretary may settle an eligible complaint with a complainant. (f) Special Rules for Administrative Review.--For purposes of this section: (1) Requests for administrative review.--A request for administrative review shall be-- (A) in writing; and (B) filed in accordance with procedures established by the Secretary. (2) Responsibility of secretary.--If a complainant requests a determination on the merits under subsection (d)(1), then, unless a complainant, with respect to the eligible complaint, files a civil action or requests a hearing on the record, the Secretary shall, with respect to the eligible complaint, take the following actions: (A) Issuance of determination.--The Secretary shall, not later than an issuance deadline that is 1 year after the date on which the complainant requests a determination on the merits-- (i) investigate the eligible complaint; and (ii) issue a written determination. (B) Notice of failure to issue timely determination.--If the Secretary does not issue a written determination by the issuance deadline in subparagraph (A), the Secretary shall promptly issue to the complainant, in writing and by registered mail, notice-- (i) that the Secretary has not issued a timely determination; and (ii) of the period of time during which the complainant may bring a civil action or request a hearing on the record. (3) Finality of determination with respect to hearing on the record.--A determination with respect to a hearing on the record shall be final. (4) Judicial review of administrative determination.--A determination on the merits or a determination with respect to a hearing on the record shall be subject to de novo review. (g) Filing Period.--The running of the filing period, for the purpose of filing a civil action under subsection (c) or requesting a hearing on the record under subsection (d)(2), shall be tolled for the period that, with respect to the eligible complaint-- (1) begins on the date of a request for a determination on the merits; and (2) ends on the date on which the Secretary issues a determination with respect to a determination on the merits or a hearing on the record. (h) Relief.-- (1) Amount.--Subject to paragraph (2), a complainant shall, under subsection (b), and may, under subsection (e), be awarded such relief as the complainant would be afforded under the Equal Credit Opportunity Act (15 U.S.C. 1691), including-- (A) actual damages; (B) the costs of the action, together with a reasonable attorney's fee; and (C) debt relief, including-- (i) write-downs or write-offs of the principal on a loan; (ii) write-downs or write-offs of the interest on a loan; (iii) reduction of the interest rate on a loan; (iv) waiver or reduction of penalties with respect to a loan; or (v) other modification of the terms of a loan. (2) Limitations on relief.-- (A) In general.--The total amount awarded under this section for all claims shall not exceed $100,000,000. (B) Actual damages, costs, and attorney's fees.-- The sum of the total amount awarded under paragraph (1)(A) for all claims, plus the total amount awarded under paragraph (1)(B) for all claims, shall not exceed $40,000,000. (C) Debt relief.--The total amount awarded under paragraph (1)(C) for all claims shall not exceed $60,000,000. (3) Exemption from taxation.--Any award under clauses (ii), (iii), or (iv) of subparagraph (C) of paragraph (1) shall not be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1986. (i) Funding.--There is hereby appropriated to the Secretary, for relief awarded under subsection (h)(1), $100,000,000, to remain available until expended.

Appropriates funds to the Secretary of Agriculture (USDA) to carry out the Settlement Agreement (dated February 18, 2010, between plaintiffs and the Secretary to resolve claims that were raised or that could have been raised in the cases consolidated in In re Black Farmers Discrimination Litigation, including Pigford claims) if the Agreement is approved by a court order that is or becomes final and nonappealable. States that: (1) such funds are in addition to certain Commodity Credit Corporation (CCC) funds and shall be available only after the CCC funds are fully obligated; and (2) if the Agreement is not approved the CCC funds shall be the sole funding for Pigford claims. Permits an eligible complaint alleging discrimination in violation of the Equal Credit Opportunity Act involving a USDA credit program to file a civil action or request administrative review as provided for by this Act.

A bill to appropriate funds for the final settlement of lawsuits against the Federal Government for discrimination against Black Farmers and to provide relief for discrimination in a credit program of the Department of Agriculture under the Equal Credit Opportunity Act.

SECTION 1. SENSE OF CONGRESS. It is the sense of Congress that-- (1) properly conducted intercollegiate athletic programs contribute to the beneficial development of student athletes and the vibrancy of campus life at institutions of higher education; (2) recent events pose grave threats to the financial stability of athletic programs at institutions of higher education and create pressure on institutions of higher education to consider eliminating non-revenue Olympic sports or increasing general fund, student fee, and donor subsidies to athletics at a time when such resources are needed for priority academic programs; (3) there are concerns about the health and safety needs of student athletes with regard to adequacy of injury protections and other medical protocols; (4) academic integrity at institutions of higher education is threatened by increased incidences of academic fraud involving student athletes, failure to provide adequate remedial programs for academically unprepared admitted athletes, and excessive athletics time demands; (5) student athletes faced with loss of financial aid and other benefits and National Collegiate Athletic Association (NCAA) member institutions in danger of financial penalties, loss of media rights, and public embarrassment due to alleged rules violations are not being afforded adequate due process; (6) the NCAA, member institutions of the NCAA, and college presidents have not adequately addressed these issues; and (7) reform is so complex and important to higher education that a blue ribbon commission of sport experts and members of Congress should be convened to objectively study these issues and propose solutions. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Presidential Commission on Intercollegiate Athletics. SEC. 3. DUTIES. (a) Review.--The Commission shall review and analyze the following issues related to intercollegiate athletics: (1) The interaction of athletics and academics, including-- (A) the extent to which existing athletic practices allow student athletes to succeed as both students and athletes; (B) how athletics affect the academic mission, academic integrity, and credit worthiness of institutions of higher education; (C) graduation rates of student athletes; and (D) standards of academic eligibility for participation in and terms of scholarships for student athletes. (2) The financing of intercollegiate athletics, including-- (A) sources of revenue, including student fees, media contracts, and licensing agreements; (B) expenditures of revenue, including compliance with title IX of the Education Amendments of 1972, coaching salaries, and facilities development; (C) the ability of institutions of higher education to finance intercollegiate athletics; (D) the financial transparency of intercollegiate athletics; (E) the criteria for receipt of financial disbursements or rewards from athletic membership associations; (F) rules related to earnings and benefits by student athletes, including the possibility of commercial compensation for the use of the names, images, and likenesses of student athletes and whether a student athlete may retain a personal representative to negotiate on behalf of the student athlete; (G) tax regulations related to revenue from intercollegiate athletics; and (H) Federal judicial decisions that affect compensation for student athletes or the right of student athletes to organize as a collective bargaining unit. (3) Recruitment and retention of student athletes, including rules related to-- (A) professional sports participation; (B) transfer of student athletes to other institutions; and (C) recruitment and representations made to potential student athletes. (4) Oversight and governance practices. (5) Health and safety protections for student athletes. (6) Due process and other protections related to the enforcement of rules and regulations related to student athletes. (7) Any other issues the Commission considers relevant to understanding the state of intercollegiate athletics. (b) Recommendations.--The Commission shall develop recommendations regarding the issues identified in subsection (a) based on the review and analysis of the issues under such subsection. SEC. 4. MEMBERSHIP. (a) In General.--The Commission shall be composed of 17 members appointed as follows: (1) Five members appointed by the President, in consultation with the Secretary of Education and the Attorney General. (2) Three members appointed by the Speaker of the House of Representatives, including-- (A) one Member of the House of Representatives; and (B) two individuals who are not Members of Congress. (3) Three members appointed by the minority leader of the House of Representatives, including-- (A) one Member of the House of Representatives; and (B) two individuals who are not Members of Congress. (4) Three members appointed by the majority leader of the Senate, including-- (A) one Member of the Senate; and (B) two individuals who are not Members of Congress. (5) Three members appointed by the minority leader of the Senate, including-- (A) one Member of the Senate; and (B) two individuals who are not Members of Congress. (b) Qualifications.--Appointments shall be made from individuals who are specially qualified to serve on the Commission by virtue of their education, training, or experience. (c) Vacancy.--Any vacancy on the Commission shall not affect the powers of the Commission, but shall be filled in the manner in which the original appointment was made. (d) Chair.--The Chair of the Commission shall be elected by the members. (e) Reimbursement; Service Without Pay.--Members of the Commission shall serve without pay, except members of the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out the functions of the Commission, in the same manner as persons employed intermittently by the Federal Government are allowed expenses under section 5703 of title 5, United States Code. SEC. 5. STAFF. The Commission may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and 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, except that no rate of pay fixed under this paragraph may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. SEC. 6. MEETINGS. (a) In General.--The Commission shall meet at the call of the Chair or of a majority of its members. (b) First Meeting.--The first such meeting shall occur not later than 90 days after the date of the enactment of this Act. SEC. 7. POWERS. (a) In General.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Delegation.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Access to Information.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Commission, the head of such department or agency shall furnish such information to the Commission. (d) Use of Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request that are necessary for the Commission to carry out its responsibilities under this Act. SEC. 8. REPORT. Not later than the date that is 1 year after the date of the first meeting of the Commission, the Commission shall submit to the President and the Congress a written report of its findings and recommendations based on the review and analysis required by section 3. SEC. 9. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the Commission submits the report required by section 8. SEC. 10. DEFINITIONS. (a) Commission.--In this Act, the term ``Commission'' means the Presidential Commission on Intercollegiate Athletics established by section 2. (b) Institution of Higher Education.--In this Act, the term ``institution of higher education'' means any institution that-- (1) meets the definition in section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)); and (2) has student athletes who are eligible for Federal student loans.

Establishes the Presidential Commission on Intercollegiate Athletics to review, analyze, and report to the President and Congress on the following issues related to intercollegiate athletics: the interaction of athletics and academics, the financing of intercollegiate athletics, the recruitment and retention of student athletes, oversight and governance practices, health and safety protections for student athletes, due process and other protections related to the enforcement of student athlete rules and regulations, and any other issues the Commission considers relevant to understanding the state of intercollegiate athletics.

To establish a commission to identify and examine issues of national concern related to the conduct of intercollegiate athletics, to make recommendations for the resolution of the issues, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pirate Fishing Vessel Disposal Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Stateless vessels forfeited to the United States for engaging in illegal, unreported, and unregulated fishing are of little inherent economic value, and have no useful commercial fishing purpose other than engaging in this type of pirate fishing. (2) The environmental harm of allowing vessels seized for illegal, unreported, or unregulated fishing to return to such fishing activities far outweighs any damage to the environment caused by sinking or otherwise disposing of such vessels at appropriate depths and distances from shore after proper decontamination procedures and disposal site selection have been followed. (3) Maritime threats to the United States increasingly involve asymmetrical warfare and the Navy and Coast Guard need to be prepared for such threats. (4) Using vessels forfeited for engaging in illegal, unreported, or unregulated fishing in live-fire sinking exercises represents an important opportunity for the Armed Forces to prepare for such asymmetrical maritime warfare. (5) Since the oils and hazardous and toxic substances aboard such vessels pose a threat to the marine environment, and since such vessels are essentially abandoned assets, it is appropriate to use the Oil Spill Liability Trust Fund to prevent pollution and pay for decontamination costs for such vessels. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--Except as otherwise specifically provided, the term ``Administrator'' means the Administrator of the Maritime Administration. (2) Commandant.--The term ``Commandant'' means the Commandant of the United States Coast Guard. (3) Forfeited vessel.--The term ``forfeited vessel'' means a foreign or stateless vessel that is forfeited to the United States for engaging in illegal, unreported, or unregulated fishing under any of the living marine resource statutes implemented by the Secretary of Commerce. (4) Illegal, unreported, or unregulated fishing.--The term ``illegal, unreported, or unregulated fishing'' means fishing activities-- (A) conducted by a national or foreign vessel in waters under the jurisdiction of a nation without the permission of that nation, or in contravention of its laws and regulations, including activities that have not been reported, or have been misreported, to the relevant national authority of that nation in contravention of its laws and regulations; (B) conducted by a vessel flying the flag of a nation that is a member of a regional fisheries management organization in contravention of the conservation and management measures adopted by that organization and by which that nation is bound, including activities that have not been reported, or have been misreported, in contravention of the reporting requirements of that organization; (C) conducted by a vessel flying the flag of a nation that is a cooperating non-member of a regional fisheries management organization that are inconsistent with the commitments undertaken by that nation as a cooperating non-member of that organization, including activities that have not been reported, or have been misreported, in a manner that is inconsistent with those commitments; or (D) conducted in the area of application of a regional fisheries management organization by a vessel without nationality or by a vessel flying the flag of a nation that is not a member nor a cooperating non- member of that organization and that undermines the effectiveness of the conservation and management measures of that organization. (5) Under secretary.--The term ``Under Secretary'' means the Under Secretary for Oceans and Atmosphere of the Department of Commerce. SEC. 4. USE OF FORFEITED VESSELS. (a) Sinking.-- (1) Authority.--The Commandant is authorized to use a vessel described in paragraph (2) for live-fire sinking exercises if the Commandant determines that the vessel would be useful for such exercises. (2) Vessel described.--A vessel described in this paragraph is a vessel that is-- (A) transferred to the Commandant under paragraph (3); or (B) otherwise under the administrative control of the Commandant as a forfeited vessel. (3) Requirement to transfer vessel.--The head of an agency or department of the United States with administrative control over a forfeited vessel shall transfer such vessel to the Commandant for use in live-fire sinking exercises authorized under paragraph (1) if the Commandant determines that the vessel would be useful for such exercises. (b) Scrapping or Recycling or Transfer for Law Enforcement or Other Purposes.--If a forfeited vessel is not transferred to or utilized by the Commandant for sinking exercises under subsection (a), the forfeited vessel shall be transferred to or otherwise under the control of the Commandant, the Administrator, or the Under Secretary, as appropriate, and be-- (1) scrapped or recycled by a facility in the United States or disposed of on land; (2) sold or donated to a developing nation solely for the purposes of fisheries enforcement, provided that any fishing gear is removed from the vessel; or (3) donated to a not-for-profit institution or governmental agency solely for the purposes of education, research, or other public interest purposes with agreement from the recipient entity that vessel will never be utilized for illegal, unreported, or unregulated fishing or related activities. (c) Limitation on Exercises.--The sinking exercises authorized by subsection (a) shall take place only-- (1) in water not less than 1,000 fathoms deep; (2) not less than 50 nautical miles from any land; (3) not outside the exclusive economic zone of the United States; and (4) outside of any-- (A) habitat area of particular concern identified under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); or (B) critical habitat, as defined in section 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)). (d) Participation of the Armed Forces.--The Commandant may invite the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force to participate in sinking exercises authorized by subsection (a). SEC. 5. DECONTAMINATION OF FORFEITED VESSELS. (a) Requirement for Decontamination.--Before sinking a forfeited vessel in exercises authorized by section 4(a), the Commandant shall-- (1) remove from such vessel any material that may degrade the marine environment, including petroleum products, to the maximum extent practicable with best current techniques and in compliance with-- (A) the General Permit for the Transport of Target Vessels set out in section 229.2 of title 40, Code of Federal Regulations, or any similar subsequent permit issued by the Administrator of the Environmental Protection Agency pursuant to section 102 of the Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1412); (B) the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); and (C) the guidance recommending best management practices for vessel preparation developed by the Maritime Administration and the Environmental Protection Agency pursuant to section 3504(b) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 16 U.S.C. 1220 note); (2) consult with the Administrator, the Secretary of the Navy, and the Administrator of the Environmental Protection Agency on the proper procedures to decontaminate such vessel; and (3) remove from such vessel and properly dispose of any fishing gear and other materials that are likely to float or pose an entanglement hazard and become a threat to marine life. (b) Inapplicability of the Toxic Substances Control Act.--The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) shall not apply to the sinking of a forfeited vessel in exercises authorized by section 4(a) and in compliance with this Act. SEC. 6. FUNDING. (a) Sinking, Scrapping, and Recycling.-- (1) Authorization.--The Commandant is authorized-- (A) for a forfeited vessel to be sunk in exercises as authorized by section 4(a), to utilize funds from the Oil Spill Liability Trust Fund established by section 9509 of the Internal Revenue Code of 1986 for the costs of berthing, towing, decontamination, and other preparations for such exercises; or (B) for a forfeited vessel to be scrapped or recycled as authorized by section 4(b)(1), to utilize or transfer to the Administrator or Under Secretary, as appropriate, funds from such Trust Fund for the costs of berthing, towing, and for such scrapping or recycling, if such costs exceed the scrap value of the vessel. (2) Allowance of expenditures from oil spill liability trust fund.--Paragraph (1) of section 9509(c) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(G) for the payment of costs authorized under the Pirate Fishing Vessel Disposal Act of 2011.''. (b) Sale or Donation.--Section 311(e)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861(e)(1)) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; (2) in subparagraph (F), by striking the period at the end and inserting a semicolon and ``and''; and (3) by adding at the end the following: ``(G) expenses or reimburse costs associated with the sale or donation of a vessel under paragraph (2) or (3) of section 4(b) of the Pirate Fishing Vessel Disposal Act of 2011, including berthing, towing, decontamination, and other preparation of the vessel for sale or transfer.''. SEC. 7. EFFECTIVE DATE. This Act shall apply to all forfeited vessels surrendered or seized and forfeited after September 1, 2011.

Pirate Fishing Vessel Disposal Act of 2011 - Directs the head of a U.S. agency with administrative control over a forfeited vessel to transfer such vessel to the Commandant of the Coast Guard for use in live-fire sinking exercises if the Commandant determines that the vessel would be useful for such exercises. Requires, if a forfeited vessel is not transferred to or utilized by the Commandant for such exercises, that the forfeited vessel be transferred to or otherwise under the control of the Commandant, the Administrator of the Maritime Administration, or the Under Secretary for Oceans and Atmosphere of the Department of Commerce, and be: (1) scrapped or recycled; (2) sold or donated to a developing nation for fisheries enforcement; or (3) donated to a not-for-profit institution or governmental agency for education, research, or other public interest purposes with an agreement that the vessel will never be utilized for illegal, unreported, or unregulated fishing or related activities. Defines a "forfeited vessel" as a foreign or stateless vessel forfeited to the United States for engaging in specified illegal, unreported, or unregulated fishing under any of the living marine resource statutes implemented by the Secretary of Commerce. Applies this Act to all forfeited vessels surrendered or seized and forfeited after September 1, 2011.

To prevent forfeited fishing vessels from being transferred to private parties and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Central Intelligence Agency Voluntary Separation Incentive Act''. SEC. 2. VOLUNTARY SEPARATION INCENTIVE PROGRAM. (a) Program Authority.--The Director of Central Intelligence may in the Director's discretion establish and administer a program under which the Director may pay, subject to the availability of appropriations, a financial incentive to employees of the Central Intelligence Agency referred to in subsection (b) for voluntarily separating, by retirement or resignation, from employment by the Central Intelligence Agency. (b) Applicability of Program.--The Director may apply a program established under subsection (a) to any or all of the employees of the Central Intelligence Agency who-- (1) serve under an appointment without a time limitation; (2) have been employed by the Central Intelligence Agency for not less than 12 months; (3) meet such requirements as the Director of Central Intelligence may prescribe, which may include requirements relating to-- (A) years of service; (B) skills; and (C) level of pay; (4) are not reemployed annuitants under a retirement system for employees of the Federal Government; and (5) are not employees eligible for disability retirement under a retirement system for employees of the Federal Government. (c) Additional Eligible Employees.-- (1) Authority.--The Director of Central Intelligence may, on a case-by-case basis, apply the program under subsection (a) to an employee of the Central Intelligence Agency not eligible under subsection (b) if the Director determines that doing so is necessary or advisable in the interests of the United States. (2) Authority not delegable.--The authority under paragraph (1) may not be delegated. (3) Report on use of authority.--The Director of Central Intelligence shall report each instance of the exercise of the authority under paragraph (1) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (d) Cap on Incentive Amount.--The total amount paid by the Central Intelligence Agency to an employee pursuant to subsection (a) may not exceed the lesser of-- (1) the minimum amount that is determined, from time to time, by the Director of Central Intelligence as-- (A) necessary to result in the desired number of voluntary separations; and (B) appropriate; or (2) $25,000. (e) Termination of Service or Reimbursement Obligations.-- (1) Authority.--In the case of an employee who is obligated under an agreement between the employee and the Central Intelligence Agency to render service to the Central Intelligence Agency or to reimburse the United States for not so serving, the Director of Central Intelligence may terminate the employee's obligation under that agreement in connection with the separation of the employee from employment and the payment of a financial incentive to the employee under a program established pursuant to subsection (a). (2) Agreements covered.--Agreements referred to in paragraph (1) include any agreement entered into pursuant to section 506 of the Intelligence Authorization Act for Fiscal Year 1987 (50 U.S.C. 403j note). (f) Cost Neutrality or Savings.--The Director of Central Intelligence shall ensure that the total cost of incentives paid to employees under a program established pursuant to subsection (a) during the period beginning on the date of the enactment of this Act and ending on September 30, 1998, does not exceed the total cost that the Central Intelligence Agency would have incurred for the pay and other personnel benefits for such employees if they had remained employees of the Central Intelligence Agency for that period. (g) Relationship to Other Government Benefits.--The amount paid to a person pursuant to subsection (a) may not-- (1) be the basis for payment of, and may not be included in the computation of, any other monetary benefit payable with respect to that person by the Federal Government; and (2) be taken into account for purposes of determining the amount of any severance pay to which such person is entitled under any other provision of law based on any other separation from employment by the Federal Government. (h) Termination of Authority.--No financial incentive amount may be paid under the authority of this section in connection with any voluntary separation occurring after September 30, 1998. (i) Regulations.--The Director of Central Intelligence shall prescribe such regulations as may be necessary to carry out this section.

Central Intelligence Agency Voluntary Separation Incentive Act - Authorizes the Director of Central Intelligence to establish a program to encourage voluntary separations, by retirement or resignation, from Central Intelligence Agency employment.

Central Intelligence Agency Voluntary Separation Incentive Act

SECTION 1. TARIFF TREATMENT OF CERTAIN SILVER AND GOLD BARS. (a) In General.--Subchapter II of chapter 71 of the Harmonized Tariff Schedule of the United States is amended-- (1) by striking subheading 7106.92.00 and inserting in numerical sequence the following new subheadings and superior text thereto, with such text having the same degree of indentation as subheading 7106.91: `` 7106.92 Semimanufacture d: 7106.92.10 In bar or bar- like shape, having a purity of 99.5 percent or higher and not otherwise marked or decorated than with weight, purity or other identifying information.. Free Free 7106.92.50 Other:........ 4.8% Free (A, CA, E, IL, J, MX) 65% '' ; (2) by striking subheading 7108.13.50 and inserting in numerical sequence the following new subheadings and superior text thereto, with such text having the same degree of indentation as subheading 7108.13.10: `` 7108.13.55 Other: In bar or bar- like shape, having a purity of 99.5 percent or higher and not otherwise marked or decorated than with weight, purity or other identifying information. Free Free 7108.13.70 Other........ 6.6% Free (CA, E, IL, J, MX) 65% ''; and (3) by striking subheadings 7115.90.10 through 7115.90.50 and inserting in numerical sequence the following new subheadings and superior text, with the article description for subheading 7115.90.15 having the same degree of indentation as the article description of subheading 7116.10.10: `` 7115.90.15 Gold, not clad with precious metal, in bar or bar-like shape, having a purity of 99.5 percent or higher and not otherwise marked or decorated than with weight, purity or other identifying information... Free Free 7115.90.25 Silver, not clad with precious metal, in bar or bar-like shape, having a purity of 99.5 percent or higher and not otherwise marked or decorated than with weight, purity or other identifying information... Free Free Other: 7115.90.30 Of gold, including metal clad with gold.... 6.2% Free (A, CA, E, IL, J, MX) 110% 7115.90.40 Of silver, including metal clad with silver.. 4.8% Free (A, CA, E, IL, J, MX) 65% 7115.90.60 Other......... 6.4% Free (A, CA, E, IL, J, MX) 65% '' (b) Staged Rate Reductions.--Any staged rate reduction that was proclaimed by the President before the date of the enactment of this Act to take effect on or after the date of the enactment of this Act-- (1) of a rate of duty set forth in subheading 7106.92.00 of the Harmonized Tariff Schedule of the United States shall apply to the corresponding rate of duty in subheading 7106.92.50 of such Schedule (as added by subsection (a)(1)); (2) of a rate of duty set forth in subheading 7108.13.50 shall apply to the corresponding rate of duty in subheading 7108.13.70 of such Schedule (as added by subsection (a)(2)); (3) of a rate of duty set forth in subheading 7115.90.10 shall apply to the corresponding rate of duty in subheading 7115.90.30 of such Schedule (as added by subsection (a)(3)); (4) of a rate of duty set forth in subheading 7115.90.20 shall apply to the corresponding rate of duty in subheading 7115.90.40 of such Schedule (as added by subsection (a)(3)); and (5) of a rate of duty set forth in subheading 7115.90.50 shall apply to the corresponding rate of duty in subheading 7115.90.60 of such Schedule (as added by subsection (a)(3)). (c) Effective Date.--The amendments made by this section shall apply with respect to goods that are entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of enactment of this Act. SEC. 2. CERTAIN COINS AND BULLION NOT TREATED AS COLLECTIBLES. (a) In General.--Paragraph (3) of section 408(m) of the Internal Revenue Code of 1986 (relating to exception for certain coins) is amended to read as follows: ``(3) Exception for certain coins and bullion.--For purposes of this subsection, the term `collectible' shall not include-- ``(A) any coin certified by a recognized grading service and traded on a nationally recognized electronic network, or listed by a recognized wholesale reporting service, and-- ``(i) which is or was at any time legal tender in the country of issuance, or ``(ii) issued under the laws of any State, and ``(B) any gold, silver, platinum, or palladium bullion (whether fabricated in the form of a coin or otherwise) of a fineness equal to or exceeding the minimum fineness required for metals which may be delivered in satisfaction of a regulated futures contract (as defined in section 1256(g)(1)) traded on a contract market designated by the Commodity Futures Trading Commission under the Commodity Exchange Act, if such coin or bullion is in the physical possession of a trustee described under subsection (a) of this section.'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1995.

Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment of certain imported silver and gold bars. Amends the Internal Revenue Code to exclude certain bullion (currently, coins only) from treatment as a collectible subject to tax as a distribution from an individual retirement account.

To amend the Harmonized Tariff Schedule of the United States to correct the tariff treatment of certain silver and gold bars, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electric Consumer Choice Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the opportunity for all consumers to purchase electric energy in interstate commerce from the supplier of choice is essential to a dynamic, fully integrated and competitive national market for electric energy; (2) the establishment, maintenance or enforcement of exclusive rights to sell electric energy and other State action which unduly discriminates against any consumer who seeks to purchase electric energy in interstate commerce from the supplier of its choice constitutes an unwarranted and unacceptable discrimination against and burden on interstate commerce; (3) in today's technologically driven marketplace there is no justification for the discrimination against and burden imposed on interstate commerce by exclusive rights to sell electric energy or other State action which unduly discriminates against any consumer who seeks to purchase electric energy in interstate commerce from the supplier of its choice; and (4) the electric energy transmission and local distribution facilities of all of the Nation's utilities are essential facilities for the conduct of a competitive interstate retail market in electric energy in which all consumers have the opportunity to purchase electric energy in interstate commerce from the supplier of their choice. SEC. 3. DECLARATION OF PURPOSE. The purpose of this act is to ensure that nothing in the Federal Power Act or any other Federal law exempts or protects from Article I, Section 8, Clause 3 of the Constitution of the United States exclusive rights to sell electric energy or any other State actions which unduly discriminate against any consumer who seeks to purchase electric energy in interstate commerce from the supplier of its choice. SEC. 4. SCOPE OF STATE AUTHORITY UNDER THE FEDERAL POWER ACT. Section 201 of the Federal Power Act (16 U.S.C. 824) is amended by adding at the end the following-- ``(h) Notwithstanding any other provision of this section, nothing in this Part or any other federal law shall be construed to authorize a State to-- ``(1) establish, maintain, or enforce on behalf of any electric utility an exclusive right to sell electric energy; or, ``(2) otherwise unduly discriminate against any consumer who seeks to purchase electric energy in interstate commerce from any supplier.''. SEC. 5. ACCESS TO TRANSMISSION AND LOCAL DISTRIBUTION FACILITIES. No supplier of electric energy, who would otherwise have a right of access to a transmission or local distribution facility because such facility is an essential facility for the conduct of interstate commerce in electric energy, shall be denied access to such facility or precluded from engaging in the retail sale of electric energy on the grounds that such denial or preclusion is authorized or required by State action establishing, maintaining, or enforcing an exclusive right to sell, transmit, or locally distribute electric energy. SEC. 6. STATE AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS. Part II of the Federal Power Act (16 U.S.C. 824) is amended by adding at the end the following: ``SEC. 215. STATE AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS. ``A State or state commission may prohibit an electric utility from selling electric energy to an ultimate consumer in such State if such electric utility or any of its affiliates owns or controls transmission or local distribution facilities and is not itself providing unbundled local distribution service in a State in which such electric utility owns or operates a facility used for the generation of electric energy.''. SEC. 7. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935. The Public Utility Holding Company Act of 1935 (15 U.S.C. 79a et seq.) is repealed, effective on and after the enactment of this Act. SEC. 8. PROSPECTIVE REPEAL OF SECTION 210 OF THE PUBLIC UTILITY REGULATORY POLICIES ACT OF 1978. (a) New Contracts.--No electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3). (b) Existing Rights and Remedies.--Nothing in this section affects the rights or remedies of any party with respect to the purchase or sale of electricity or capacity from or to a facility determined to be a qualifying small power production facility or a qualifying cogeneration facility under section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) under any contract or obligation to purchase or to sell electricity or capacity in effect on the date of enactment of this Act, including the right to recover the costs of purchasing the electricity or capacity. SEC. 9. SAVINGS CLAUSE. Nothing in this Act shall be construed to-- (1) authorize the Federal Energy Regulatory Commission to regulate retail sales or local distribution of electric energy or otherwise expand the jurisdiction of the Commission, or, (2) limit the authority of a State to regulate retail sales and local distribution of electric energy in a manner consistent with article I, section 8, clause 3 of the Constitution of the United States. SEC. 10. EFFECTIVE DATES. Section 5 and the amendment made by section 4 of this Act take effect on January 1, 2002. The amendment made by section 6 of this Act takes effect on the date of enactment of this Act.

Declares that no supplier of electric energy, who would otherwise have a right of access to a transmission or local distribution facility because such facility is essential for the conduct of interstate commerce in electric energy, shall be denied access to transmission or local distribution facilities or precluded from engaging in electric energy retail sales on the grounds that such denial or preclusion is authorized by State action establishing, maintaining, or enforcing an exclusive right to sell, transmit, or locally distribute electric energy. Authorizes a State or State commission to prohibit an electric utility from selling electric energy to an ultimate consumer in such State if the utility (or any affiliate) owns or controls transmission or local distribution facilities and is not itself providing unbundled local distribution service in a State in which it owns or operates an electricity-generating facility. Repeals the Public Utility Holding Company Act of 1935. Declares that no electric utility shall be required to enter into a new contract or obligation to purchase or to sell electricity or capacity under the Public Utility Regulatory Policies Act of 1978.

Electric Consumer Choice Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Intermediary Lending Pilot Program Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Small and emerging businesses, particularly startups and businesses that lack sufficient or conventional collateral, continue to face barriers accessing midsized loans in amounts between $35,000 and $200,000, with affordable terms and conditions. (2) Consolidation in the banking industry has resulted in a decrease in the number of small, locally controlled banks with not more than $100,000,000 in assets and has changed the method by which banks make small business credit decisions with-- (A) credit scoring techniques replacing relationship-based lending, which often works to the disadvantage of small or startup businesses that do not conform with a bank's standardized credit formulas; and (B) less flexible terms and conditions, which are often necessary for small and emerging businesses. (3) In the environment described in paragraphs (1) and (2), nonprofit intermediary lenders, including community development corporations, provide financial resources that supplement the small business lending and investments of a bank by-- (A) providing riskier, up front, or subordinated capital; (B) offering flexible terms and underwriting procedures; and (C) providing technical assistance to businesses in order to reduce the transaction costs and risk exposure of banks. (4) Several Federal programs, including the Microloan Program under section 7(m) of the Small Business Act (15 U.S.C. 636(m)) and the Intermediary Relending Program of the Department of Agriculture, have demonstrated the effectiveness of working through nonprofit intermediaries to address the needs of small business concerns that are unable to access capital through conventional sources. (5) More than 1,000 nonprofit intermediary lenders in the United States are-- (A) successfully providing financial and technical assistance to small and emerging businesses; (B) working with banks and other lenders to leverage additional capital for their business borrowers; and (C) creating employment opportunities for low income individuals through their lending and business development activities. SEC. 3. SMALL BUSINESS INTERMEDIARY LENDING PILOT PROGRAM. (a) In General.--Section 7 of the Small Business Act (15 U.S.C. 636) is amended by inserting after subsection (k) the following: ``(l) Small Business Intermediary Lending Program.-- ``(1) Definitions.--For purposes of this subsection-- ``(A) the term `intermediary' means a private, nonprofit entity that seeks to borrow, or has borrowed, funds from the Administration to provide midsize loans to small business concerns under this subsection, including-- ``(i) a private, nonprofit community development corporation; ``(ii) a consortium of private, nonprofit organizations or nonprofit community development corporations; ``(iii) a quasi-governmental economic development entity (such as a planning and development district), other than a State, county, or municipal government; and ``(iv) an agency of or nonprofit entity established by a Native American Tribal Government; and ``(B) the term `midsize loan' means a fixed rate loan of not less than $35,000 and not more than $200,000, made by an intermediary to a startup, newly established, or growing small business concern. ``(2) Establishment.--There is established a 3-year small business intermediary lending pilot program (referred to in this section as the `Program'), under which the Administration may provide direct loans to eligible intermediaries, for the purpose of making fixed interest rate midsize loans to startup, newly established, and growing small business concerns. ``(3) Purposes.--The purposes of the small business intermediary lender pilot program are-- ``(A) to assist small business concerns in those areas suffering from a lack of credit due to poor economic conditions; ``(B) to create employment opportunities for low income individuals; ``(C) to establish a midsize loan program to be administered by the Administration to provide loans to eligible intermediaries to enable such intermediaries to provide small scale loans, particularly loans in amounts averaging not more than $150,000, to startup, newly established, or growing small business concerns for working capital or the acquisition of materials, supplies, or equipment; ``(D) to test the effectiveness of nonprofit intermediaries-- ``(i) as a delivery system for a midsize loan program; and ``(ii) in addressing the credit needs of small businesses and leveraging other sources of credit; and ``(E) to determine the advisability and feasibility of implementing a midsize loan program nationwide. ``(4) Eligibility for participation.--An intermediary shall be eligible to receive loans under the Program if the intermediary has at least 1 year of experience making loans to startup, newly established, or growing small business concerns. ``(5) Loans to intermediaries.-- ``(A) Application.--Each intermediary desiring a loan under this subsection shall submit an application to the Administration that describes-- ``(i) the type of small business concerns to be assisted; ``(ii) the size and range of loans to be made; ``(iii) the geographic area to be served and its economic, poverty, and unemployment characteristics; ``(iv) the status of small business concerns in the area to be served and an analysis of the availability of credit; and ``(v) the qualifications of the applicant to carry out this subsection. ``(B) Loan limits.--Notwithstanding subsection (a)(3), no loan may be made to an intermediary under this subsection if the total amount outstanding and committed to the intermediary from the business loan and investment fund established by this Act would, as a result of such loan, exceed $1,000,000 during the participation of the intermediary in the Program. ``(C) Loan duration.--Loans made by the Administration under this subsection shall be for a maximum term of 20 years. ``(D) Applicable interest rates.--Loans made by the Administration to an intermediary under the Program shall bear an annual interest rate equal to 1.00 percent. ``(E) Fees; collateral.--The Administration may not charge any fees or require collateral with respect to any loan made to an intermediary under this subsection. ``(F) Leverage.--Any loan to a small business concern under this subsection shall not exceed 75 percent of the total cost of the project funded by such loan, with the remaining funds being leveraged from other sources, including-- ``(i) banks or credit unions; ``(ii) community development financial institutions; and ``(iii) other sources with funds available to the intermediary lender. ``(G) Delayed payments.--The Administration shall not require the repayment of principal or interest on a loan made to an intermediary under the Program during the first 2 years of the loan. ``(6) Program funding for midsize loans.-- ``(A) Number of participants.--Under the Program, the Administration may provide loans, on a competitive basis, to not more than 20 intermediaries. ``(B) Equitable distribution of intermediaries.-- The Administration shall select and provide funding under the Program to such intermediaries as will ensure geographic diversity and representation of urban and rural communities. ``(7) Report to congress.-- ``(A) Initial report.--Not later than 30 months after the date of enactment of the Small Business Intermediary Lending Pilot Program Act of 2005, the Administration shall submit a report containing an evaluation of the effectiveness of the Program to-- ``(i) the Committee on Small Business and Entrepreneurship of the Senate; and ``(ii) the Committee on Small Business of the House of Representatives. ``(B) Annual report.--Not later than 12 months after the date of enactment of the Small Business Intermediary Lending Pilot Program Act of 2005, and annually thereafter, the Administration shall submit a report containing an evaluation of the effectiveness of the Program to the Committees described in subparagraph (A). ``(C) Contents.--The reports submitted under subparagraphs (A) and (B) shall include-- ``(i) the numbers and locations of the intermediaries receiving funds to provide midsize loans; ``(ii) the amounts of each loan to an intermediary; ``(iii) the numbers and amounts of midsize loans made by intermediaries to small business concerns; ``(iv) the repayment history of each intermediary; ``(v) a description of the loan portfolio of each intermediary, including the extent to which it provides midsize loans to small business concerns in rural and economically depressed areas; ``(vi) an estimate of the number of low income individuals who have been employed as a direct result of the Program; and ``(vii) any recommendations for legislative changes that would improve the operation of the Program.''. (b) Rulemaking Authority.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue regulations to carry out the amendment made by section 7(l) of the Small Business Act, as added by subsection (a). (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Small Business Administration such sums as may be necessary for each of the fiscal years 2006 through 2008 to provide $20,000,000 in loans under section 7(l) of the Small Business Act, as added by subsection (a). (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended.

Small Business Intermediary Lending Pilot Program Act of 2005 - Establishes a three-year small business intermediary lending pilot program under which the Small Business Administration (SBA) may make direct loans to eligible nonprofit lending intermediaries for the purpose of making fixed interest rate and mid-size loans ($35,000 to $200,000) to startup, newly-established, and growing small businesses. Authorizes the SBA, under the program, to make one percent, 20-year loans of up to $1 million, on a competitive basis, to up to 20 nonprofit lending intermediaries. Requires geographic diversity and representation of urban and rural communities under the program.

A bill to establish a pilot program to provide low interest loans to nonprofit, community-based lending intermediaries, to provide midsize loans to small business concerns, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Shipping and Fisheries Enhancement Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) San Francisco Bay is a vital environmental, industrial, and recreational resource to the San Francisco Bay area and to the Nation. (2) Over 800 tank vessels enter San Francisco Bay each year, carrying hundreds of millions of gallons of oil and other hazardous substances. (3) The small oil spill of October 28, 1996, showed that current safeguards against oil pollution are inadequate, and that even small oil spills in San Francisco Bay are both costly to mitigate and harmful to the environment, including fish, mammals, and birds. (4) Because of the bathymetry of San Francisco Bay, the Coast Guard has been unable to make needed improvements in the routing of tankers and other deep draft vessels. (5) The presence of multiple underwater hazards less than 40 feet below the surface and in close proximity to shipping lanes, combined with increased traffic of tankers with drafts in excess of 45 feet, significantly increase the likelihood of collisions that would result in the release of substantial amounts of oil or other hazardous substances, severely damaging both the economy and the environment of the San Francisco Bay area. (6) Removing hazards to navigation to allow greater separation of vessels carrying oil or other hazardous substances is a simple and economical step that can be taken to reduce substantially the risk of oil pollution, improve the safety of navigation, and reduce threats to the fish, wildlife, and environment of San Francisco Bay. SEC. 3. NAVIGATIONAL IMPROVEMENTS. (a) In General.--The Secretary of the Army shall develop and carry out in accordance with this section a navigation project in San Francisco Bay, California, to remove underwater hazards to navigation in the vicinity of Alcatraz Island. (b) Rerouting of Vessel Traffic.--The Secretary shall design the navigation project under this section to facilitate the rerouting of vessel traffic in San Francisco Bay to minimize the risk of an oil or hazardous substance spill resulting from collisions between vessels or with an underwater hazard. (c) Minimization of Impact.--In developing and carrying out the navigation project under this section, the Secretary shall minimize, to the maximum extent practicable, impacts on the environment and on commercial and recreational fisheries. (d) Plan.-- (1) General requirement.--In consultation with appropriate Federal, State, and local government agencies and in accordance with applicable Federal and State environmental laws, the Secretary shall develop a plan for implementation of the navigation project under this section. (2) Contents.--The plan shall include initial design and engineering, underwater hazard removal, and, if needed, environmental mitigation. (3) Target dates.-- (A) Feasibility study.--The first phase of the plan shall be completed within 1 year of the date of the enactment of this Act and shall consist of a feasibility study for the project described in subsection (a). The feasibility study shall include scoping, development of alternative designs for the project, cost/benefit analysis, and selection of final project design. In conducting the cost/benefit analysis and selecting a final project design, the Secretary shall consider the economic and environmental benefits of oil spill aversion reasonably to be expected from the completion of the project. (B) Implementation.--The second phase of the plan shall be completed not later than 3 years after the date of the enactment of this Act and shall consist of underwater hazard removal, transportation, and disposal of the removed material in accordance with the final project design. (C) Mitigation and monitoring.--The final phase of the plan shall consist of any mitigation needed due to environmental impacts, and environmental monitoring of removal, disposal, and mitigation sites (if different from the disposal site or sites), shall commence as soon as is practicable after the completion of the implementation phase, and shall continue for not less than 5 years thereafter. (e) Non-Federal Participation.--The non-Federal share of the cost of developing and carrying out the project under this section shall be 25 percent. (f) Reports to Congress.--Not later than the last day of each of the time periods referred to in subsection (d)(3), the Secretary shall report to Congress on the progress being made toward development and implementation of the project under this section. SEC. 4. MODIFICATION OF NAVIGATION LANES. The Commandant of the Coast Guard shall modify navigation lanes and reroute vessel traffic after the completion of the second phase of the navigation project required by section 3 to improve the safety and efficiency of vessel traffic in San Francisco Bay, California. In carrying out this section, the Commandant shall develop a vessel routing program that minimizes the risk of an oil or hazardous substance spill in San Francisco Bay. SEC. 5. OIL SPILL RISK ASSESSMENT. (a) Survey.--In consultation with the Federal Maritime Administration, the Commandant of the Coast Guard shall survey vessels owned by, or operated under contract for, the Federal Maritime Administration for risks for oil spills or other hazards to human health or the environment. (b) Standards and Procedures.--In surveying vessels under this section, the Commandant shall use the same standards and procedures as are used in inspecting similarly situated private vessels. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Commandant shall submit to Congress and the Administrator of the Federal Maritime Administration a report describing any oil spill risks determined in the survey conducted under this section and making recommendations for corrective actions for such risks, including estimates of the costs of those actions. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. For fiscal years beginning after September 30, 1997, there are authorized to be appropriated to the Secretary of the Army and the Commandant of the Coast Guard such sums as may be necessary to carry out their respective duties under this Act. Such sums shall remain available until expended.

San Francisco Bay Shipping and Fisheries Enhancement Act of 1997 - Requires: (1) a navigation project in San Francisco Bay, California, to remove underwater hazards to navigation near Alcatraz Island; (2) modification of navigation lanes and rerouting of vessel traffic to improve safety and efficiency; and (3) a survey of vessels owned by, or operated under contract for, the Maritime Administration for risks for oil spills or other hazards to human health or the environment. Authorizes appropriations.

San Francisco Bay Shipping and Fisheries Enhancement Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Burma Act of 1995''. SEC. 2. SANCTIONS AGAINST BURMA. Except as provided in section 4, the following sanctions shall apply to Burma, effective 90 days after the date of enactment of this Act (or on such other date as is specified in this section): (1) Investments.--No United States national may make any investment in Burma. (2) United states assistance.--United States assistance for Burma is prohibited. (3) Trade privileges.--The President shall continue the suspension of special trade privileges pursuant to the Generalized System of Preferences (GSP), and shall continue the suspension of nondiscriminatory trade treatment (most-favored- nation status), with respect to Burma. (4) Importation of goods.--No article which is produced, manufactured, grown, or extracted in Burma may be imported into the United States. (5) Trade and investment treaties.--The United States should continue to suspend carrying out obligations under bilateral trade and investment treaties with Burma. (6) Travel restrictions.--The Secretary of State shall prohibit the use of United States passports for travel to Burma except for travel by United States diplomatic personnel. (7) Diplomatic representation.--The President is urged not to accept diplomatic representation from Burma at a level greater than the level of diplomatic representation accorded the United States in Burma. (8) Foreign assistance.--The United States shall suspend assistance under the Foreign Assistance Act of 1961 and the Arms Export Control Act to any foreign government which sells or otherwise transfers arms to the Government of Burma. (9) International organizations contributions.--The United States shall withhold from each international organization that funds activities in Burma other than humanitarian activities an amount equal to the United States proportionate share of that funding. (10) Multilateral assistance.--The Secretary of the Treasury shall instruct the United States executive director of each financial institution to vote against any loan or other utilization of the funds of the respective bank to or for Burma. (11) Eminent persons group.--The President, acting through the United States Permanent Representative to the United Nations, should urge the United Nations to establish an eminent persons group to report on compliance by the Government of Burma with United Nations resolutions. (12) International arms embargo.--The President, acting through the United States Permanent Representative to the United Nations, should urge the establishment by the United Nations of an international arms embargo of Burma. SEC. 3. AGREEMENTS TO IMPOSE SANCTIONS ON BURMA. (a) Negotiations With Trading Partners.-- (1) In general.--Not later than 15 days after the date of the enactment of this Act, the President shall initiate negotiations with all foreign countries with which the United States trades for the purpose of entering into agreements with the countries-- (A) to support United States sanctions against Burma, and (B) to cease trade with and investment in Burma. (2) Certification of negotiations and agreements.--Not later than 90 days after the date of the enactment of this Act, the President shall certify to the Congress each country that-- (A) has failed to enter into an agreement described in paragraph (1), or (B) has entered into such an agreement but is not enforcing it. (3) Action by the president.--Notwithstanding any other provision of law, if a certification is made with respect to any country under paragraph (2) the President shall withdraw-- (A) any designation of such country-- (i) as a beneficiary developing country for purposes of title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), (ii) as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), or (iii) as a beneficiary country for purposes of the Andean Trade Preference Act (19 U.S.C. 3201 et seq.), (B) from such countries the benefits of any other special tariff treatment program under which the special rates of duty apply under column 1 of the Harmonized Tariff Schedule of the United States, and (C) most-favored-nation trade treatment with respect to any such country. (b) Applicability.-- (1) In general.--The provisions of this section apply to goods entered, or withdrawn from warehouse for consumption, originating in or imported from a country with respect to which an action described in subsection (a)(3) has been taken, during the period beginning on the date that is 15 days after the date of the certification described in subsection (a)(2) and ending on the date that is 15 days after the earlier of-- (A) the date the President certifies to the Congress that such country has entered into an agreement described in subsection (a)(1) and is enforcing the agreement, or (B) the date a certification described in section 4 is made. (2) Rate of duty during period designation is withdrawn.-- During the period described in paragraph (1), goods entered, or withdrawn from warehouse for consumption, originating in or imported from a country described in subsection (a)(3) shall be subject to duty at the rates of duty specified for such goods under column 2 of the Harmonized Tariff Schedule of the United States. SEC. 4. CERTIFICATION. The sanctions of section 2 shall not apply upon the determination and certification by the President to the appropriate congressional committees that the following conditions are met: (1) The Government of Burma has unconditionally released all political prisoners, including Aung San Suu Kyi. (2) The Government of Burma has fully implemented the results of the 1990 elections in Burma, including the transfer of power to civilian authority, the protection of basic human rights, and guaranteeing the right of Burmese citizens to participate freely in the political process, assuring freedom of speech and the right of association and assembly. (3) The Government of Burma has implemented an effective counternarcotics effort. SEC. 5. SANCTIONS AGAINST THE PEOPLE'S REPUBLIC OF CHINA. The Secretary of the Treasury shall instruct the United States executive director of each multilateral financial institution to vote against any loan or other utilization of the facilities of the respective institution to or for the People's Republic of China until the President determines and certifies to the appropriate congressional committees that the People's Republic of China has terminated arms sales and other arms transfers to Burma. SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF THAILAND. The President shall withhold all United States assistance to the Government of Thailand until the President determines and certifies to the appropriate congressional committees that the Government of Thailand is fully cooperating in providing support and relief for Burmese exiles and refugees. SEC. 7. REPORT. Not later than 45 days after the date of enactment of this Act, the President shall submit a report to the appropriate congressional committees on-- (1) the chemical and biological weapons capability of Burma; (2) a plan to provide United States assistance in support of the democracy movement active inside Burma; (3) the treatment by the Government of Thailand of Burmese students, refugees, and exiles resident in Thailand; and (4) the status of arms sales and other arms transfers to the Government of Burma, including the amount of expenditures by the Government of Burma in the acquisition of arms. SEC. 8. DEFINITIONS. As used in this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on Appropriations and the Committee on International Relations of the House of Representatives. (2) Investment.--The term ``investment'' includes any contribution or commitment of funds, commodities, services, patents, processes, or techniques, in the form of-- (A) a loan or loans; (B) the purchase of a share of ownership; (C) participation in royalties, earnings, or profits; and (D) the furnishing of commodities or services pursuant to a lease or other contract. (3) Humanitarian activities.--The term ``humanitarian activities'' means the provision of food, medicine, medical supplies, or clothing and does not include cash transfers. (4) Financial institutions.--The term ``financial institutions'' includes the International Bank for Reconstruction and Development, the International Development Association, the Asian Development Bank, and the International Monetary Fund. (5) United states assistance.--The term ``United States assistance'' means assistance of any kind which is provided by grant, sale, loan, lease, credit, guaranty, or insurance, or by any other means, by any agency or instrumentality of the United States Government to any foreign country, including-- (A) assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of the Act); (B) sales, credits, and guaranties under the Arms Export Control Act (22 U.S.C. 2751 et seq.); (C) sales under title I (7 U.S.C.A. 1701 et seq.) or III (17 U.S.C.A. 1727 et seq.) and donations under title II (17 U.S.C.A. 1721 et seq.) of the Agricultural Trade Development and Assistance Act of 1954 of nonfood commodities; (D) other financing programs of the Commodity Credit Corporation for export sales of nonfood commodities; and (E) financing under the Export-Import Bank Act of 1945 (12 U.S.C.A. 635 et seq.).

Free Burma Act of 1995 - Imposes specified sanctions against Burma, unless the President certifies to appropriate congressional committees that Burma has: (1) unconditionally released all political prisoners, including Aung San Suu Kyi; (2) implemented the results of the 1990 elections, including the transfer of power to civilian authority and the protection of basic human rights; and (3) implemented an effective counternarcotics effort. (Sec. 3) Directs the President to initiate negotiations with foreign countries the United States trades with for the purpose of entering into agreements to: (1) support U.S. sanctions against Burma; and (2) cease trade with and investment in Burma. Directs the President, if he certifies to the Congress that a country has failed to enter into an agreement, or has entered into an agreement but is not enforcing it, to withdraw: (1) any designation of such country as a beneficiary developing country or beneficiary country under specified Acts; (2) special duty rate status under column one of the Harmonized Tariff Schedule of the United States; and (3) most-favored-nation treatment status. (Sec. 5) Requires the Secretary of the Treasury to instruct the U.S. executive director of each multilateral financial institution to vote against any loan for China until the President certifies to the appropriate congressional committees it has terminated arms sales and other arms transfers to Burma. (Sec. 6) Directs the President to withhold all U.S. assistance to Thailand until he certifies to the appropriate congressional committees that it is cooperating in providing support and relief for Burmese exiles and refugees. (Sec. 7) Requires the President to report to the appropriate congressional committees on: (1) the chemical and biological weapons capability of Burma; (2) a plan to provide U.S. assistance in support of the democracy movement in Burma; (3) the treatment by Thailand of Burmese students, refugees, and exiles resident there; and (4) the status of arms sales and other arms transfers to Burma, including the amount of expenditures by it in the acquisition of arms.

Free Burma Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Prevention Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) the crime of identity theft has become one of the major law enforcement challenges of the new economy, as vast quantities of sensitive, personal information are now vulnerable to criminal interception and misuse; (2) the United States Postal Inspection Service estimates that 50,000 people a year have become victims of identity theft since the mid-1990's; (3) the United States Secret Service investigated identity theft losses to individuals and institutions of $745,000,000 in 1997, a 75 percent increase over the $442,000,000 lost in 1995; (4) according to TransUnion Corporation, a national credit bureau, the total number of identity theft inquiries to its Fraud Victim Assistance Department grew from 35,235 in 1992 to 522,922 in 1997; (5) an integral part of many identity crimes is the fraudulent acquisition of the social security number of an individual; (6) credit issuers, credit reporting agencies, and other organizations with access to sensitive personal data have an obligation to handle such information responsibly, and should take affirmative steps to prevent identity criminals from intercepting such information; (7) identity theft causes extraordinary damage to its victims, jeopardizing their access to needed credit and forcing many to spend years trying to restore their good name; (8) the resources available to identity theft victims are inadequate, and both the private sector and Federal agencies should provide better and more sympathetic assistance to such victims; (9) credit reporting agencies and credit issuers should have uniform reporting requirements and effective fraud alerts to assist identity theft victims in repairing and protecting their credit; and (10) consumers need greater access to information that is collected about them so they can quickly identify fraudulent activity. SEC. 3. CHANGES OF ADDRESS. (a) Duty of Issuers of Credit.--Section 132 of the Truth in Lending Act (15 U.S.C. 1642) is amended-- (1) by inserting ``(a) In General.--'' before ``No credit''; and (2) by adding at the end the following: ``(b) Confirmation of Changes of Address.-- ``(1) In general.--Not later than 10 days after receiving notification from a cardholder of a change of address, a card issuer shall send to the cardholder, both to the new address and to the former address thereof, written confirmation of that change of address. ``(2) Notification of request for additional cards.--If a card issuer receives a request for an additional credit card with respect to an existing credit account not later than 30 days after receiving notification of a change of address for that account, the card issuer shall notify the cardholder of the request at both the new address and the former address.''. (b) Duty of Consumer Reporting Agencies.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(g) Notice of Potential Fraud.--A consumer reporting agency shall notify each user of a consumer report that is a creditor (as defined in section 103 of the Truth in Lending Act) if the agency becomes aware that an application to the card issuer to open a new credit card account bears an address for the consumer that is different from the address in the file of the consumer.''. (c) Enforcement.-- (1) Federal trade commission.--Except as provided in paragraph (2), compliance with section 132(b) of the Truth in Lending Act (as added by this section) shall be enforced by the Federal Trade Commission in the same manner and with the same power and authority as the Commission has under the Fair Debt Collection Practices Act to enforce compliance with that Act. (2) Other agencies in certain cases.-- (A) In general.--Compliance with section 132(b) of the Truth in Lending Act (as added by this section) shall be enforced under-- (i) section 8 of the Federal Deposit Insurance Act, in the case of a card issuer that is-- (I) a national bank or a Federal branch or Federal agency of a foreign bank, by the Office of the Comptroller of the Currency; (II) a member bank of the Federal Reserve System (other than a national bank), a branch or agency of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign bank), a commercial lending company owned or controlled by a foreign bank, or an organization operating under section 25 or 25A of the Federal Reserve Act, by the Board of Governors of the Federal Reserve System; (III) a bank insured by the Federal Deposit Insurance Corporation (other than a member of the Federal Reserve System or a national nonmember bank) or an insured State branch of a foreign bank, by the Board of Directors of the Federal Deposit Insurance Corporation; and (IV) a savings association, the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and (ii) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration in the case of a card issuer that is a Federal credit union, as defined in that Act. (3) Violations treated as violations of other laws.--For the purpose of the exercise by any agency referred to in this subsection of its powers under any Act referred to in this subsection, a violation of section 132(b) of the Truth in Lending Act (as added by this section) shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in paragraph (1) or (2), each of the agencies referred to in those paragraphs may exercise, for the purpose of enforcing compliance with section 132(b) of the Truth in Lending Act (as added by this section), any other authority conferred on such agency by law. SEC. 4. FRAUD ALERTS. Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(h) Fraud Alerts.-- ``(1) In general.--Upon the request of a consumer, a consumer reporting agency shall include a fraud alert in the file of that consumer. ``(2) Notice to users.--A consumer reporting agency shall notify each person procuring consumer credit information with respect to a consumer of the existence of a fraud alert in the file of that consumer, regardless of whether a full credit report, credit score, or summary report is requested. ``(3) Penalties.--Any consumer reporting agency that fails to comply with this subsection, and any user of a consumer report that fails to comply with preauthorization procedures contained in a fraud alert and issues or extends credit in the name of the consumer to a person other than the consumer, shall be in violation of this section. ``(4) Definition.--In this subsection, the term `fraud alert' means a clear and conspicuous statement in the file of a consumer that notifies all prospective users of a consumer report made with respect to that consumer that the consumer does not authorize the issuance or extension of credit in the name of the consumer unless-- ``(A) the issuer of such credit first obtains verbal authorization from the consumer at a telephone number designated by the consumer; or ``(B) the issuer complies with such other method of preauthorization by the consumer as is mutually agreed upon by the consumer and the consumer reporting agency.''. SEC. 5. REGULATIONS ON DUTY TO INVESTIGATE. Not later than 6 months after the date of enactment of this Act, the Federal Trade Commission shall promulgate regulations to require each consumer reporting agency (as defined in section 603 of the Fair Credit Reporting Act) to investigate discrepancies between personal or identifying information contained in the file maintained by the agency with respect to a consumer and in the personal and identifying information supplied to the agency by the user of the consumer report. SEC. 6. FREE REPORTS ANNUALLY. Section 612(c) of the Fair Credit Reporting Act (15 U.S.C. 1681j(c)) is amended to read as follows: ``(c) Free Annual Disclosure.--Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 609 once during any 12-month period without charge to the consumer.''. SEC. 7. IDENTIFYING INFORMATION. (a) Limitation.--The Fair Credit Reporting Act (15 U.S.C. 1601 et seq.) is amended-- (1) by redesignating section 624 (15 U.S.C. 1681t, as so designated by Public Law 104-208) as section 626 and moving that section to the end of the Act; (2) by redesignating section 624 (15 U.S.C. 1681u, as added by Public Law 104-93) as section 625; and (3) by inserting after section 623 the following: ``SEC. 624. OTHER IDENTIFYING INFORMATION. ``Except as provided in section 608, a consumer reporting agency may furnish consumer identifying information, other than the name, generational designation, and current address of the consumer, only in a consumer report.''. (b) Disclosures to Governmental Agencies.--Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is amended by striking ``section 604'' and inserting ``sections 604 and 623''. (c) Permissible Purposes.--Section 604(a) of the Fair Credit Reporting Act (15 U.S.C. 1681b(a)) is amended in the matter preceding paragraph (1) by inserting ``or any identifying information (other than the name, generational designation, or current address of the consumer)'' after ``a consumer report''. SEC. 8. INDIVIDUAL REFERENCE SERVICES. (a) In General.--An individual reference services provider shall, upon request and proper identification of a consumer-- (1) clearly and accurately disclose to the consumer the nature, content, and substance of all information in the file maintained by the provider with respect to the consumer at the time of the request that is obtainable based upon the identifying information supplied by the consumer when making such request; and (2) if the consumer has made a written request, deliver a written copy or photocopy of all information described in paragraph (1), together with a clear, simple, and plain meaning explanation of the information provided under this subsection, in a readable format and type, which shall in no case be smaller than 10 point type. (b) Individual Reference Services Provider Defined.-- (1) In general.--In this section, the term ``individual reference services provider''-- (A) means any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in the practice of creating, assembling, evaluating, or providing information, either directly or as a supplier to others, with respect to any person regarding any 2 or more items of information described in paragraph (2); and (B) does not include the Federal Government or any State government or political subdivision thereof. (2) Types of information.--The items of information described in this paragraph are-- (A) social security number or other social security information; (B) mother's maiden name; (C) prior address; (D) birth date; (E) criminal history; (F) history of civil actions; (G) driving records; (H) vehicle information; (I) past employment history; (J) income level; (K) tax records; (L) history of voter registration; and (M) other similar information, as determined by the Federal Trade Commission. SEC. 9. EXTENSION OF THE CIVIL MONETARY PENALTY AUTHORITY. (a) In General.--Section 1129(a) of the Social Security Act (42 U.S.C. 1320a-8(a)) is amended-- (1) by striking ``(A)'', ``(B)'', and ``(C)'' and inserting ``(i)'', ``(ii)'', and ``(iii)'', respectively; (2) by striking ``(a)(1)'' and inserting ``(a)(1)(A)''; (3) by striking ``(2)'' and inserting ``(B)''; and (4) by adding at the end the following new paragraph: ``(2) Any person (including an organization, agency, or other entity) who-- ``(A) having received, while acting in the capacity as representative payee pursuant to section 205(j) or section 1631(a)(2), a payment under title II or title XVI for the use and benefit of another individual, converts such payment, or any part thereof, to a use that such person knows or should know is other than for the use and benefit of such other individual; or ``(B) uses a social security account number that such person knows or should know has been assigned by the Commissioner of Social Security (pursuant to an exercise of authority under section 205(c)(2) to establish and maintain records) on the basis of false information furnished to the Commissioner of Social Security by any individual; or ``(C) falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to any individual, when such person knows or should know that such number is not the social security account number assigned by the Commissioner of Social Security to such individual; or ``(D) knowingly alters a social security card issued by the Commissioner of Social Security, or possesses such a card with intent to alter it; or ``(E) knowingly buys or sells a card that is, or purports to be, a card issued by the Commissioner of Social Security, or possesses such a card with intent to buy or sell it; or ``(f) counterfeits a social security card, or possesses a counterfeit card with intent to buy or sell it; or ``(G) discloses, uses, or compels the disclosure of the social security account number of any person in violation of the laws of the United States shall be subject to, in addition to any other penalties that may be prescribed by law, a civil money penalty of not more than $5,000 for each such violation.''. (b) Conforming Amendments.-- (1) Section 1129(b)(3)(A) of the Social Security Act (42 U.S.C. 1320a-8(b)(3)(A)) is amended by striking ``charging fraud or false statements''. (2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a- 8(c)(1)) is amended by striking ``and representations'' and inserting ``, representations, or actions''. (3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a- 8(e)(1)(A)) is amended by striking ``statement or representation referred to in subsection (a) was made'' and inserting ``violation occurred''. (4) Section 1129(l) of such Act (42 U.S.C. 1320a-8(l)) is amended by inserting ``assignment of a social security account number or'' after ``application of an individual for''. (c) Effective Date.--The amendments made by this section shall be effective with respect to violations committed after the date of enactment of this Act. SEC. 10. MODEL FORMS. (a) In General.--Six months after the date of enactment of this Act, the Federal Trade Commission shall develop a model form and standard procedures to be used by consumers that are victims of identity fraud in contacting and informing creditors and credit reporting agencies of such fraud, if the Commission determines, at that time, that issuers of credit and credit reporting agencies have failed to jointly develop such a model form and standard procedures. (b) Contents.--A model form developed under subsection (a) (by the Commission or the issuers and agencies referred to therein) shall require information necessary to demonstrate the fraudulent activity done in the name of the consumer to whom the form relates, including, if applicable-- (1) a notarized affidavit or police report relating to the activity; (2) a notarized handwriting sample; and (3) any other relevant documentation.

(Sec. 3) Amends the Fair Credit Reporting Act to require a consumer reporting agency to submit notification of potential fraud to each creditor using a consumer report whenever the agency learns of a card application bearing a different address for the consumer than the one in the consumer's file. States that compliance with this Act shall be enforced by the following agencies with respect to entities under their jurisdiction that are also issuers of credit cards: (1) the Federal Trade Commission (FTC); (2) the Office of the Comptroller of the Currency; (3) the Board of Governors of the Federal Reserve Board; (4) the Board of Directors of the Federal Deposit Insurance Corporation; (5) the Director of the Office of Thrift Supervision; and (6) the Administrator of the National Credit Union Administration. (Sec. 4) Amends the Fair Credit Reporting Act to require a consumer reporting agency and users of consumer credit information to comply with certain fraud alert procedures. Sets forth penalties for noncompliance. (Sec. 5) Directs the FTC to promulgate regulations to require each consumer reporting agency to investigate discrepancies between certain information contained in its files with information supplied by the user of the consumer report. (Sec. 6) Amends the Fair Credit Reporting Act to mandate, upon request, one free annual disclosure to a consumer by a consumer reporting agency. (Sec. 8) Requires an individual reference services provider to disclose, upon request and proper identification of the consumer, all information contained in its files pertaining to such consumer. (Sec. 9) Amends the Social Security Act to establish a civil monetary penalty for specified identity theft violations. (Sec. 10) Directs the FTC to develop model forms and standard procedures for consumers to inform creditors and credit reporting agencies of identity fraud.

Identity Theft Prevention Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agriculture Competition Enhancement Act of 2001''. SEC. 2. LIMITATION ON MERGERS. It shall be unlawful for a person in the business of purchasing livestock, poultry, or a basic agricultural commodity for wholesale resale either unprocessed or processed, to acquire directly or indirectly the voting securities or assets of any person if-- (1) the total amount of-- (A) voting securities, or assets relating to the purchasing, processing, or selling of livestock, poultry, or a basic agricultural commodity; or (B) annual net sales of such livestock, poultry, or basic agricultural commodity; of each person exceeds $1,000,000,000; and (2) the acquisition of such voting securities or such assets by the acquiring person would reduce competition so as to have a negative effect on prices paid to producers of any livestock, poultry, or basic agricultural commodities. SEC. 3. PREMERGER NOTICE REQUIREMENT. (a) Notice.--Whenever a person in the business of purchasing livestock, poultry, or a basic agricultural commodity for wholesale resale either unprocessed or processed, files a notification under section 7A of the Clayton Act (15 U.S.C. 18a), such person shall file simultaneously with the Secretary a notice in accordance with rules issued by the Secretary, that such person has filed such notification. (b) Public Comments.--The Secretary shall-- (1) publish promptly in the Federal Register a copy of each notice received under subsection (a), (2) accept public comments on the proposed merger described in such notice, and (3) consider as part of the review required by subsection (c), such comments timely received. (c) Review.--Not later than 30 days after receiving a notice filed under subsection (a), the Secretary shall-- (1) review the proposed acquisition described in such notice; (2) determine-- (A) the probable effects such acquisition would have on the prices paid to producers of any livestock, poultry, or basic agricultural commodities who sell to, buy from, or bargain with 1 or more of the persons involved in the proposed acquisition; and (B) whether such acquisition would-- (i) result in significantly increased market power for any of such persons; and (ii) increase the potential for anticompetitive or predatory pricing conduct by any of such persons; (3) prepare a report containing-- (A) the detailed findings made by the Secretary as a result of such review and such determination; and (B) an economic analysis of the Secretary regarding whether such acquisition may substantially lessen competition or tend to create a monopoly; and (4) transmit to the Office of Special Counsel for Agriculture, and shall publish in the Federal Register, simultaneously, a copy of such report. SEC. 4. ENFORCEMENT PROVISIONS. Sections 4B, 4C, 4E, 4F, 4G, 4H, 12, 13, 15, and 16 of the Clayton Act (15 U.S.C. 15b, 15c, 15e, 15f, 15g, 15h, 22, 23, 25, 26a) shall apply with respect to a violation of section 2 in the same manner as such sections apply with respect to a violation of the antitrust laws. SEC. 5. SPECIAL COUNSEL FOR AGRICULTURE. (a) Establishment of Office.--The Attorney General shall establish in the Department of Justice an Office of Special Counsel for Agriculture that shall handle agricultural antitrust issues and related matters, as determined by the Attorney General. (b) Appointment.--The Special Counsel for Agriculture may be appointed by the Attorney General only after the expiration of the 30- day period beginning on the date the Attorney General publishes in the Federal Register the name of the individual proposed to be appointed and requests public comment with respect to the appointment of such individual. SEC. 6. GAO STUDY. (a) In General.--The Comptroller General shall conduct a study and make findings and recommendations with respect to-- (1) whether the Grain Inspection, Packers and Stockyard Administration needs additional resources in order to expand its capability to monitor and investigate the competitive implications of structural changes and practices in the meat packing industry; and (2) whether there are disparities in the Grain Inspection, Packers and Stockyard Administration's administrative authority with regard to the poultry, beef, and pork industries. (b) Report.--The Comptroller General shall submit a report to Congress on the study, findings, and recommendations required by subsection (a) not later than 1 year after the date of enactment of this Act. SEC. 7. DEFINITIONS. For purposes of this Act-- (1) the term ``antitrust laws'' has the meaning given such term in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), (2) the term ``basic agricultural commodity'' means corn, wheat, or soybeans, (3) the term ``livestock'' means cattle, sheep, goats, swine, or equine animals used for food or in the production of food, (4) the term ``person'' has the meaning given such term in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), (5) the term ``poultry'' means chickens, turkeys, ducks, geese, or other domestic fowl used for food or in the production of food, and (6) the term ``Secretary'' means the Secretary of Agriculture.

Agriculture Competition Enhancement Act of 2001 - Makes it unlawful for a business purchaser of livestock, poultry, or a basic agricultural commodity for (wholesale) resale, either unprocessed or processed, to acquire the voting assets of any person if: (1) the total amount of such assets or annual sales of each person exceeds specified limits; and (2) such acquisition would reduce competition so as have a negative effect on prices paid to producers. Requires such a purchaser filing a premerger notice under the Clayton Act to also file with the Secretary of Agriculture. Provides for: (1) public comment; and (2) review by the Secretary respecting such action's anticompetitive effects. Subjects such actions to specified enforcement provisions of the Clayton Act. Directs the Attorney General to establish in the Department of Justice an Office of Special Counsel for Agriculture to handle agricultural antitrust issues. Directs the Comptroller General to conduct a study respecting whether: (1) the Grain Inspection, Packers and Stockyard Administration needs additional resources to monitor and investigate the competitive implications of meat packing industry practices; and (2) disparities exist in the Administration's authority respecting the poultry, meat, and pork industries.

To prohibit excessive concentration resulting from mergers among certain purchasers, processors, and sellers of livestock, poultry, and basic agricultural commodities; to require the Attorney General to establish an Office of Special Counsel for Agriculture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Consumer Protection Act''. SEC. 2. ATM SECURITY MEASURES. The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating sections 918, 919, 920, and 921 as sections 919, 920, 921, and 922, respectively; and (2) by inserting after section 917 the following new section: ``SEC. 918. ATM SECURITY REQUIREMENTS. ``(a) In General.--Before the end of the 6-month period beginning on the date of the enactment of the ATM Consumer Protection Act, the Board shall prescribe regulations establishing minimum standards with which each automated teller machine operator shall comply with respect to the installation, maintenance, and operation of security devices and procedures, reasonable in cost-- ``(1) to discourage robberies, burglaries, and larcenies relating to the operation and use of automated teller machines; and ``(2) to assist in the identification and apprehension of persons who commit such acts. ``(b) Minimum Requirements.--At a minimum, the standards required under subsection (a) shall include the following: ``(1) Security program.--Each automated teller machine operator shall-- ``(A) establish procedures that will assist in identifying persons committing crimes against any automated teller machine or any consumer using such machine and that will preserve evidence that may aid in their identification or conviction; and ``(B) designate at least 1 person as security officer (for each automated teller machine operated by the operator) who shall be responsible for ensuring compliance with the requirements of the regulations with respect to such machine, including appropriate recordkeeping requirements and liaison to local law enforcement agencies. ``(2) Adequate lighting.-- ``(A) In general.--Each automated teller machine operator shall ensure that adequate lighting exists with respect to each automated teller machine operated by such operator. ``(B) Adequate lighting defined.--The term `adequate lighting' means, at a minimum-- ``(i) in the case of an automated teller machine located inside a building or not otherwise open to the outdoor air, lighting at all times that a consumer has access to such machine for purposes of initiating an electronic fund transfer that is adequate to allow a consumer-- ``(I) entering the building or location of the machine to see all persons in the building or space; and ``(II) in the building or space to see all persons entering the building or space; ``(ii) in the case of an automated teller machine open to the outside air, lighting at all times necessary due to the absence of direct or ambient sunlight-- ``(I) sufficient to brightly illuminate the area within 5 feet of the machine; and ``(II) sufficient to adequately illuminate at least 50 feet or more in any unobstructed direction from the machine; ``(iii) in the case a nearby parking area has been provided for use by consumers of automated teller machine, among other users, lighting at all times necessary due to the absence of direct or ambient sunlight or other light sufficient to adequately illuminate the nearby parking area and all areas between the machine and such parking area; ``(iv) in the case of access to an automated teller machine from an adjacent side of a building or other space, lighting at all times necessary due to the absence of direct or ambient sunlight or other light sufficient to adequately illuminate the adjacent side of the building or other space; and ``(v) in all cases, lighting sufficient to ensure optimal operation of all surveillance equipment, cameras, and recording devices. ``(3) Surveillance requirements.-- ``(A) In general.--Each automated teller machine operator shall ensure that each automated teller machine is provided with a surveillance camera or cameras sufficient to view and record each person who uses the automated teller machine, all activity occurring within 3 feet of the automated teller machine (other than the transaction itself), and such other views and recordings as may be required under the standards. ``(B) Maintenance of recordings.--All recordings made by surveillance cameras shall be maintained by an operator of an automated teller machine for such period of time as may be required under the standards which shall not be less than a 30-day period and any recording relating to a specific time period or event shall be maintained by such operator indefinitely at the request of a local law enforcement agency in connection with an investigation of a crime at or near such machine, or otherwise related to the machine. (4) Alarm system.--Each automated teller machine operator shall maintain an alarm system or other appropriate device for promptly notifying the nearest responsible law enforcement officers of an attempted or perpetrated robbery, burglary or larceny in connection with the operation of an automated teller machine. (5) Other preventative and remedial measures.--The standards shall require the security officer designated by any operator of an automated teller machine to take such other actions as the security officer may determine to be appropriate and useful to prevent crimes in the vicinity of the machine and to preserve evidence in the event of any such crime, taking into consideration the following: (i) The incidence of crimes against consumers, including users of automated teller machines, in the vicinity of the automated teller machine. (ii) The amount of the average transaction at the machine and the amount of currency exposed to robbery, burglary, or larceny. (iii) The distance of the automated teller machine from the nearest responsible law enforcement officers and the time required for such law enforcement officers ordinarily to arrive at the automated teller machine. (iv) The cost of the security devices. (v) Other security measures in effect at the automated teller machine and in the vicinity of the machine. (vi) The physical characteristics of the location of the automated teller machine and its vicinity. ``(c) Consultation.--In prescribing the standards required to be established under this section, the Board shall-- ``(1) consult with-- ``(A) other agencies referred to in subsections (a) and (c) of section 917; ``(B) appropriate State officers or agencies which supervise the operation of automated teller machines or any operator of automated teller machines; and ``(C) insurers furnishing insurance protection against losses and other liabilities resulting from robberies, burglaries, and larcenies committed against operators of automated teller machines or consumers using such machines; and ``(D) any appropriate State agency having supervisory or regulatory responsibilities with respect to any insurer referred to in subparagraph (C); and ``(2) take into account the regulations and requirements under the Bank Protection Act of 1968.''.

ATM Consumer Protection Act - Amends the Electronic Fund Transfer Act to instruct the Board of Governors of the Federal Reserve System to prescribe minimum mandatory standards for automated teller machine operator compliance with installation, maintenance, and operation of security devices and procedures to: (1) discourage robberies, burglaries, and larcenies relating to automated teller machines use; and (2) assist in the identification and apprehension of persons who commit such acts.Cites minimum security requirements including: (1) procedures to identify persons committing crimes; (2) adequate lighting; (3) surveillance cameras; ( 4) maintenance of surveillance records for law enforcement purposes; and (5) an alarm system for prompt notification of an attempted or perpetrated robbery, burglary or larceny.

To amend the Electronic Fund Transfer Act to ensure the convenience of automated teller machines and the safety of the machines and the customers by establishing security measures for the machines, and for other purposes.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Medical Technology, Public Health, and Innovation Act of 1997''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.). SEC. 2. FINDINGS; MISSIONS STATEMENT. (a) Findings.--The Congress finds the following: (1) While the United States appropriately puts a top priority on the regulation of medical technologies to ensure the safety and efficacy of medical technologies that are introduced into the marketplace, the administration of such regulatory effort is causing the United States to lose its leadership role in producing innovative, top-quality medical devices. (2) One of the key components of the medical device regulatory process that contributes to the United States losing its leadership role in medical device development is the inordinate amount of time it takes for medical technologies to be reviewed by the Food and Drug Administration. (3) The most important result of the United States losing its leadership role is that patients in the United States do not have access to new medical technology in a timely manner. (4) Delayed patient access to new medical technology results in lost opportunities to save lives, to reduce hospitalization and recovery time, and to improve the quality of life of patients. (5) The economic benefits that the United States medical device industry, which is composed principally of smaller companies, has provided through growth in jobs and global trade are threatened by the slow and unpredictable regulatory process at the Food and Drug Administration. (6) The pace and predictability of the medical device regulatory process are in part responsible for the increasing tendency of United States medical device companies to shift research, product development, and manufacturing offshore, at the expense of American jobs, patients, and leading edge clinical research. (b) Mission Statement.--This legislation seeks to improve the timeliness, effectiveness, and predictability of the medical device approval process for the benefit of United States patients and the United States economy by-- (1) providing for the use of nationally and internationally recognized performance standards to assist the Food and Drug Administration in determining the safety and effectiveness of medical devices; (2) facilitating communication between medical device companies and the Food and Drug Administration; (3) targeting the use of Food and Drug Administration resources on medical devices that are likely to have serious adverse health consequences; and (4) requiring the Food and Drug Administration to determine the least costly, most efficient approach to reasonably assuring the safety and effectiveness of devices. SEC. 3. DEVICE PERFORMANCE STANDARDS. (a) Alternative Procedure.--Section 514 (21 U.S.C. 360d) is amended by adding at the end the following: ``recognition of a performance standard ``(c)(1)(A) The Secretary may, through publication in the Federal Register, issue notices identifying and listing nationally and internationally recognized performance standards for which persons may provide a certification of a device's conformity under paragraph (3) in order to meet the premarket submission requirements or other requirements under the Act to which the standards are applicable. ``(B) Any person may elect to utilize data other than data required by the standards described in subparagraph (A) to meet any requirement under the Act to which the standards are applicable. ``(2) The Secretary may remove from the list of standards described in paragraph (1) a standard that the Secretary determines is no longer appropriate for making determinations with respect to the regulation of devices. ``(3)(A) A person may provide a certification that a device conforms to an applicable standard listed under paragraph (1) to meet the requirements described in paragraph (1) and the Secretary shall accept such certification. ``(B) The Secretary may, at any time, request a person who submits a certification described in subparagraph (A) to submit the data or information that the person relied on in making the certification. ``(C) A person who submits a certification described in subparagraph (A) shall maintain the data and information upon which the certification was made for a period of 2 years after the submission of the certification or a time equal to the expected design life of a device, whichever is longer.''. (b) Section 301.--Section 301 (21 U.S.C. 331) is amended by adding at the end the following: ``(x) The falsification of a certification submitted under section 514(c)(3) or the failure or refusal to provide data or information requested by the Secretary under such section.''. (c) Section 501.--Section 501(e) (21 U.S.C. 351(e)) is amended by striking ``established'' and inserting ``established or listed''. SEC. 4. PREMARKET APPROVAL. (a) Application.--Section 515(c) (21 U.S.C. 360e(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (F), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (G), by striking ``require.'' and inserting ``require; and''; and (C) by adding at the end the following: ``(H) an identifying reference to any performance standard listed under section 514(c) that is applicable to such device.''. (2) by adding at the end the following: ``(3) The Secretary shall accept historical clinical data as a control for use in determining whether there is a reasonable assurance of safety and effectiveness of a device in a case in which the effects of the progression of a disease are clearly defined and well understood. ``(4) The Secretary may not require the sponsor of an application to conduct clinical trials for a device using randomized controls unless the controls-- ``(A) are necessary; ``(B) are scientifically and ethically feasible; and ``(C) other less burdensome and controls, such as historical controls, are not available to permit a determination of a reasonable assurance of safety and effectiveness.''. (b) Action on Application.--Section 515(d) (21 U.S.C. 360e(d)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``paragraph (2) of this subsection'' each place it appears and inserting ``paragraph (8)''; and (B) by adding at the end the following flush paragraph: ``In making a determination to approve or deny an application, the Secretary shall rely on the conditions of use proposed in the labeling of device as the basis for determining whether or not there is a reasonable assurance of safety and effectiveness. If, based on a fair evaluation of all material facts, the proposed labeling of the device is neither false nor misleading in any particular, the Secretary shall not consider conditions of use not included in such labeling in making the determination.''; (2) by redesignating paragraphs (2) and (3) as paragraphs (8) and (9), respectively; and (3) by inserting after paragraph (1) the following: ``(2) Each application received under subsection (c) shall be reviewed in a manner to achieve final action within the 180-day period described in subparagraph (A), and the 180-day period may not be altered for any reason without the written consent of an applicant. ``(3)(A) Not later than 100 days after the receipt of an application that has been filed by the Secretary because the application satisfies the content requirements of subsection (c)(1), the Secretary shall meet with the applicant and disclose each deficiency relating to the application that would preclude approval of the application under paragraph (1). ``(B) The applicant shall have the right to be informed in writing with respect to the information communicated to the applicant during the meeting. ``(4) To permit better treatment or better diagnoses of life- threatening or irreversibly debilitating diseases or conditions, the Secretary shall expedite the review for devices-- ``(A) representing breakthrough technologies; ``(B) offering significant advantages over existing approved alternatives; or ``(C) for which accelerated availability is in the best interest of the public health. ``(5) The Secretary shall complete the review of all supplemental applicants to an application approved under paragraph (1) that do not contain clinical data within 90 days after the receipt of a supplemental that has been accepted for filing.'' ``(6)(A) A supplemental application shall be required for any change to a device subject to an approved application under this subsection if the change affects safety or effectiveness, unless the change is a modification in a manufacturing procedures or method of manufacturing and the holder of an approved application submits a notice to the Secretary that describes the change and informs the Secretary that the change has been made under the requirements of section 520(f). ``(B)(i) In reviewing a supplement to an approved application for an incremental change to the design of a device that affects safety or effectiveness, the Secretary shall approve the supplement if-- ``(I) nonclinical data demonstrate that a design modification creates the intended additional capacity, function, or performance of the device; and ``(II) clinical data from the approved application and any supplements to the approved application provide a reasonable assurance of safety and effectiveness. ``(ii) The Secretary may require, when necessary, additional clinical data to evaluate the design modification to provide a reasonable assurance of safety and effectiveness. ``(7) Any representation in promotional materials for a device subject to an approved application under this subsection shall not be subject to premarket approval under this section, unless such representations establish new conditions of use. Any representations made in promotional materials for devices subject to an approved application shall be supported by appropriate data or information that can substantiate the representations at the time such representations are made.''. (c) Withdrawal or Temporary Suspension of Approval of Application.--Section 5155(e)(1) (21 U.S.C. 360e(1)) is amended in subparagraph (G) by inserting after the word ``effect'' the words ``or listed.'' SEC. 5. PREMARKET NOTIFICATION. (a) Exemption of Certain Devices.--Section 510 (21 U.S.C. 360) is amended-- (1) in subsection (k), by striking ``intended for human use'' and inserting ``intended for human use (except a device that is classified into class I under section 513 or 520 or a device that is classified into class II under section 513 or 520, and is exempt from the requirements of this subsection under subsection (l))''; (2) by adding at the end of subsection (k) (as amended by paragraph (1)) the following flush sentence: ``The Secretary shall review the notification required by this subsection and make a determination under section 513(f)(1)(A) within 90 days after receiving the notification.''; and (3) by adding at the end the following: ``(1)(A) Within 30 days after the date of enactment of this subsection, the Secretary shall develop and publish in the Federal Register a list of each type of class II device that does not require a report under subsection (k) to provide reasonable assurance of safety and effectiveness. Each type of class II device identified by the Secretary not to require the report shall be exempt from the requirement to file a report under subsection (k) as of the date of the publication of the list in the Federal Register. ``(B) Beginning on the date that is 1 day after the date of the publication of a list under this subsection, any person may petition the Secretary to exempt a type of class II device from the requirement of subsection (k). The Secretary shall respond to the petition within 120 days after the receipt of the petition and determine whether or not to grant the petition in whole or in part.''. (b) Special Rule Relating to Exemption of Class I Devices From 510(k) Notifications.--The exemption of a class I device from the notification requirement of section 510(k) shall not apply to a class I device that is life sustaining or life saving or that is intended to be implanted into the human body. SEC. 6. INVESTIGATIONAL DEVICE EXEMPTION. (a) Regulations.--Section 520(g) (21 U.S.C. 360j(g)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4) The Secretary shall, within 120 days after the date of enactment of this paragraph, by regulation, amending the content of part 812 of title 21 of the Code of Federal Regulations, amend the procedures with respect to the approval of clinical studies under this subsection as follows: ``(A) The Secretary shall permit the sponsor of an investigation to meet with the Secretary prior to the submission of an application to develop a protocol for a clinical study subject to the regulation and require that the protocol be agreed upon in writing by the sponsor and the Secretary. ``(B)(i) The Secretary shall permit developmental changes to devices in response to information gathered during the course of an investigation without requiring an additional approval of an application for an investigational device exemption, or the approval of a supplement to the application, if the changes meet the following requirements: ``(I) The changes do not constitute a significant change in the design of the product or a significant change in basic principles of operation. ``(II) The changes do not adversely affect patient safety. ``(ii) The Secretary shall require that each such change shall be documented with information describing the change and the basis of the sponsor of application for concluding that the change does not constitute a significant change in design or operating principles, and that the change does not adversely affect patient safety.''. (b) Conforming Amendments.--Section 517(a)(7) (21 U.S.C. 360g(a)(7)) is amended-- (1) by striking ``section 520(g)(4)'' and inserting ``section 520(g)(5)''; and (2) by striking ``section 520(g)(5)'' and inserting ``section 520(g)(6)''. SEC. 7 PRODUCT REVIEW. Section 513 (21 U.S.C. 360c) is amended by-- (1) in subsection (a)(3)(A)-- (A) by striking ``including clinical investigations where appropriate'' and inserting ``including 1 or more clinical investigations where appropriate''; (B) by adding at the end the following: ``When evaluating the type and amount of data necessary to find a reasonable assurance of device effectiveness for an approval under section 515, the Secretary shall consider the extent to which reliance on postmarket controls may contribute to such assurance and expedite effectiveness determinations without increasing regulatory burdens on persons who submit applications under section 515(c).''; (2) in subsection (a)(3), by adding at the end the following: ``(C)(i) The Secretary upon the request of any person intending to submit an application under section 515 shall meet with the person to determine the type of valid scientific evidence within the meaning of subparagraphs (A) and (B) that will be necessary to demonstrate the effectiveness of a device for the conditions of use proposed by such person to support an approval of an application. ``(ii) Within 30 days after such meeting, the Secretary shall specify in writing the type of valid scientific evidence that will provide a reasonable assurance that a device is effective under the conditions of use proposed by the person. ``(iii) Any clinical data, including 1 or more well-controlled investigations, specified by the Secretary for demonstrating a reasonable assurance of device effectiveness shall reflect the Secretary's determination that such data are necessary to establish device effectiveness and that no other less burdensome means of evaluating device effectiveness are available which would have a reasonable likelihood of resulting in an approval. ``(2) The determination of the Secretary with respect to the specification of the valid scientific evidence under clause (ii) shall be binding upon the Secretary, unless such determination by the Secretary would be contrary to the public health''; and (3) in subsection (i), by adding at the end the following: ``(C) To facilitate reviews of reports submitted to the Secretary under section 510(k), the Secretary shall consider the extent to which reliance on postmarket controls may expedite the classification of devices under subsection (f)(1). ``(D) Whenever the Secretary requests information to demonstrate that devices with differing technological characteristics are substantially equivalent, the Secretary shall only request information that is necessary to making substantial equivalence determinations. In making such requests, the Secretary shall consider the least burdensome means of demonstrating substantial equivalence and request information accordingly. ``(E) Any determinations of substantial equivalence by the Secretary shall be based upon the intended uses proposed in labeling submitted in a report under section 510(k). ``(F) Any representations made in promotional materials for devices shall not require a report under section 510(k), unless such representations establish new intended uses for a legally marketed device.''.

Medical Technology, Public Health, and Innovation Act of 1997 - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to authorize the Secretary of Health and Human Services to identify and list nationally and internationally recognized performance standards for which persons may self-certify a device's conformity in order to meet FDCA requirements. Allows use of data other than that required by the standards to meet any FDCA requirement. Adds to the list of prohibited acts certification falsification or the failure or refusal to provide the data or information relied on in the certification. (Sec. 4) Requires that premarket approval applications include an identifying reference to any such performance standard. Directs the Secretary to accept historical clinical data as a control for use in determining safety and effectiveness when a disease's progression is clearly defined and well understood. Limits requiring clinical trials using randomized controls. Modifies requirements regarding action on premarket approval applications. (Sec. 5) Exempts from premarket notification requirements certain class I and class II devices. Directs the Secretary to develop and publish a list of each type of class II device not requiring premarket notification. Allows petitioning for exemption of a class II type from the notification requirement. (Sec. 6) Changes clinical study approval procedures, allowing: (1) the investigation sponsor to meet with the Secretary before application submission to develop a protocol; and (2) device developmental changes during an investigation without requiring an additional approval or an application supplement, if certain requirements are met. (Sec. 7) Allows device effectiveness to be determined on the basis of one or more clinical investigations (currently, by well-controlled investigations). Requires the Secretary: (1) to consider the extent to which postmarket controls may contribute to the assurance of effectiveness and expedite effectiveness determinations without increasing regulatory burdens; (2) on request, to meet with an intended applicant to determine the type of effectiveness evidence that will be necessary; (3) to consider the extent to which postmarket controls may expedite device classification; (4) when requesting information demonstrating substantial equivalence, to only request information necessary to make substantial equivalence determinations; and (5) base substantial equivalence determinations on the intended uses in submitted labeling.

Medical Technology, Public Health, and Innovation Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure And Fair Enforcement Banking Act of 2017'' or the ``SAFE Act of 2017''. SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS. A Federal banking regulator may not-- (1) terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business; (2) prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a cannabis-related legitimate business or to a State or political subdivision of a State that exercises jurisdiction over cannabis-related legitimate businesses; (3) recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder solely because-- (A) the account holder is a manufacturer or producer, or is the owner, operator, or employee of a cannabis-related legitimate business; (B) the account holder later becomes an owner or operator of a cannabis-related legitimate business; or (C) the depository institution was not aware that the account holder is the owner or operator of a cannabis-related legitimate business; and (4) take any adverse or corrective supervisory action on a loan made to an owner or operator of-- (A) a cannabis-related legitimate business, solely because the owner or operator owns or operates a cannabis-related legitimate business; or (B) real estate or equipment that is leased to a cannabis-related legitimate business, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business. SEC. 3. PROTECTIONS UNDER FEDERAL LAW. (a) In General.--In a State or a political subdivision of a State that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State or political subdivision a depository institution that provides financial services to a cannabis-related legitimate business, and the officers, directors, and employees of that depository institution may not be held liable pursuant to any Federal law or regulation-- (1) solely for providing such financial services pursuant to the law or regulation of such State or political subdivision; or (2) for further investing any income derived from such financial services. (b) Forfeiture.--A depository institution that has a legal interest in the collateral for a loan or another financial service provided to an owner or operator of a cannabis-related legitimate business, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall require a depository institution to provide financial services to a cannabis-related legitimate business. SEC. 5. REQUIREMENTS FOR FILING SUSPICIOUS ACTIVITY REPORTS. Section 5318(g) of title 31, United States Code, is amended by adding at the end the following: ``(5) Requirements for cannabis-related businesses.--A financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious transaction pursuant to this subsection and the reason for the report relates to a cannabis-related legitimate business (as defined in section 6 of the Secure and Fair Enforcement Banking Act of 2017), the report shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. The Secretary shall ensure that the guidance is consistent with the purpose and intent of the Secure and Fair Enforcement Banking Act of 2017 and does not inhibit the provision of financial services to a cannabis-related legitimate business in a State or political subdivision of a State that has allowed the cultivation, production, manufacture, transportation, display, dispensing, distribution, sale, or purchase of cannabis pursuant to law or regulation of such State or political subdivision.''. SEC. 6. DEFINITIONS. In this Act: (1) Depository institution.--The term ``depository institution'' means-- (A) a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); (B) a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (C) a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (2) Federal banking regulator.--The term ``Federal banking regulator'' means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury. (3) Financial service.--The term ``financial service'' means a financial product or service as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481). (4) Manufacturer.--The term ``manufacturer'' means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products. (5) Cannabis-related legitimate business.--The term ``cannabis-related legitimate business'' means a manufacturer, producer, or any person that-- (A) engages in an activity described in subparagraph (B) pursuant to a law or regulation of a State, political subdivision of a State, or a Tribal- State compact; or (B) participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products. (6) Cannabis.--The term ``cannabis'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802). (7) Cannabis product.--The term ``cannabis product'' means any article which contains cannabis, including an article which is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical. (8) Producer.--The term ``producer'' means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis. (9) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States.

Secure and Fair Enforcement Banking Act of 2017 or the SAFE Act of 2017 This bill prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance or share insurance of a depository institution solely because the institution provides financial services to a legitimate marijuana-related business; (2) prohibiting or otherwise discouraging a depository institution from offering financial services to such a business; (3) recommending, incentivizing, or encouraging a depository institution not to offer financial services to an account holder solely because the account holder is affiliated with such a business; or (4) taking any adverse or corrective supervisory action on a loan made to a person solely because the person either owns such a business or owns real estate or equipment leased to such a business. As specified by the bill, a depository institution shall not, under federal law, be liable or subject to forfeiture for providing financial services to a legitimate marijuana-related business.

Secure And Fair Enforcement Banking Act of 2017

SECTION 1. PRICE SUPPORT PROGRAM FOR MILK. (a) In General.--Effective January 1, 1996, section 204 of the Agricultural Act of 1949 (7 U.S.C. 1446e) is amended to read as follows: ``SEC. 204. MILK PRICE SUPPORT PROGRAM FOR CALENDAR YEARS 1996 THROUGH 2002. ``(a) In General.--During the period beginning January 1, 1996, and ending December 31, 2002, the price of milk produced in the 48 contiguous States shall be supported as provided in this section. ``(b) Support Price.-- ``(1) In general.--During each of the calendar years 1996 through 2002, the price of milk used for cheese shall be supported at the rate provided in paragraph (2). Milk used for nonfat dry milk or butter shall not be supported under this section. ``(2) Annual rate.--For calendar year 1996, the rate of price support for milk used for cheese shall be equal to $10.00 per hundredweight. For each of the calendar years 1997 through 2002, the rate of price support for milk used for cheese shall be reduced by 10 cents per hundredweight from the rate in effect for the preceding calendar year. ``(c) Purchases.-- ``(1) In general.--The price of milk used for cheese shall be supported through the purchase of cheese. Such purchases shall be based on the support price in effect during the applicable calendar year. ``(2) Sales through deip.--Sales for export under the dairy export incentive program established under section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-14) shall not be considered as Commodity Credit Corporation purchases under subsection (d). ``(d) Support Rate Adjustments.--Effective January 1 of each of the calendar years 1996 through 2002, if the level of purchases of milk and the products of milk by the Commodity Credit Corporation under this section (less sales under section 407 for unrestricted use), as estimated by the Secretary by November 20 of the preceding calendar year, will exceed 1,500,000,000 pounds (milk equivalent, total milk solids basis), the Secretary shall decrease by 25 cents per hundredweight, in addition to the annual reduction under subsection (b)(2), the rate of price support for milk used for cheese in effect for the calendar year. The support rate adjustment provided under this subsection shall be effective only for the calendar year applicable to the estimate of the Secretary. After the support rate adjustment terminates, the support price shall be the level provided under subsection (b)(2). ``(e) Residual Authority for Refund and Compensatory Budget Deficit Assessment.-- ``(1) Refunds of 1995 assessments.--The Secretary shall provide for a refund of the entire reduction under subsection (h)(2) of this section, as in effect on December 31, 1995, in the price of milk received by a producer during calendar year 1995, if the producer provides evidence that the producer did not increase marketings in calendar year 1995 when compared to calendar year 1994. A refund under this subsection shall not be considered as any type of price support or payment for purposes of sections 1211 and 1221 of the Food Security Act of 1985. ``(2) Residual assessment in calendar year 1996.-- ``(A) In general.--During the period beginning on May 1, 1996, and ending on December 31, 1996, the Secretary shall provide for a reduction in the price received by producers for all milk produced in the 48 contiguous States and marketed by producers for commercial use. ``(B) Amount.--The amount of the reduction under subparagraph (A) shall be an amount determined by the Secretary sufficient to equal, when applied to reductions made on milk marketed, the amount that compensates for refunds made under paragraph (1). ``(3) Enforcement.-- ``(A) Collection.--Reductions in price required under paragraph (2) shall be collected and remitted to the Commodity Credit Corporation in the manner prescribed by the Secretary. ``(B) Penalties.--If any person fails to collect or remit the reduction required by paragraph (2) or fails to comply with such requirements for recordkeeping or as otherwise are required by the Secretary to carry out this subsection, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying-- ``(i) the quantity of milk involved in the violation expressed in hundredweights; by ``(ii) the support rate for milk in effect under this section at the time of the violation. ``(C) Enforcement in courts.--The Secretary may enforce this subsection in the courts of the United States. ``(f) Commodity Credit Corporation.--The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation. ``(g) Period.--This section shall be effective only during the period beginning January 1, 1996, and ending December 31, 2002.''. (b) Milk Manufacturing Marketing Adjustment.--Section 102 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 1446e- 1) is repealed. SEC. 2. ESTABLISHMENT OF A CLASS IV ACCOUNT. (a) Establishment of Class IV Account.--Notwithstanding any other provision of law, effective January 1, 1996, the Secretary of Agriculture shall establish a special milk marketing order to equalize returns on all milk used in the 48 contiguous States of the United States to produce Class IV final products (butter, nonfat dry milk, and dry whole milk) among all milk marketed by producers for commercial use in the 48 contiguous States. (b) Class IV Price and Differential; Proration.-- (1) Price.--The Secretary shall determine a milk equivalent value per hundredweight for Class IV final products each month based on the average wholesale market prices during the month for Class IV final products. Such milk equivalent value at 3.67 percent milkfat shall be the per hundredweight Class IV price under the special Class IV account established under subsection (a). (2) Differential.--The Administrator of the special Class IV account shall announce, on the first business day of each month, the per hundredweight Class IV differential applicable under the order to the preceding month. Such monthly Class IV differential shall be the amount, if any, by which the support rate for milk in effect under section 204 of the Agricultural Act of 1949 exceeds the Class IV price established pursuant to paragraph (1). (3) Proration.--On or before the twentieth day after the end of each month, the Administrator of the special Class IV account shall-- (A) determine the amount of milk produced in the 48 contiguous States of the United States and marketed for commercial use in making Class IV final products during the preceding month; (B) calculate the amount equal to the number of hundredweights of milk used for Class IV final products during the preceding month (as determined under subparagraph (A)) multiplied by the Class IV differential for the month established under paragraph (2), and add to that amount the cost of administering the special Class IV account during the current month; and (C) prorate the amount established under subparagraph (B) among the total amount, in hundredweights, of milk produced in the 48 contiguous States and marketed for commercial use during such preceding month. (c) Account Obligations.--On or before the twenty-fifth day after the end of each month-- (1) each person making payment to a producer for milk produced in any of the 48 contiguous States of the United States and marketed for commercial use shall collect from each producer the amount determined by multiplying the quantity of milk handled for the account of such producer during the preceding month by the Class IV differential proration established pursuant to subsection (b)(3)(C). Such amount shall be remitted to the Administrator of the special Class IV account; and (2) any producer marketing milk of that producer's own production in the form of milk or dairy products to consumers, either directly or through retail or wholesale outlets, shall remit to the Administrator of the special Class IV account the amount determined by multiplying the quantity of such milk marketed by such producer by the Class IV differential proration established under subsection (b)(3)(C). (d) Distribution of Account Proceeds.--On or before the thirtieth day after the end of each month, the Administrator of the special Class IV account shall pay to each person that used skim milk and butterfat to produce Class IV final products during the preceding month a proportionate share of the total special Class IV account proceeds for such month. The proportion of the total proceeds payable to each person shall be the same proportion that the skim milk and butterfat used by such person to product Class IV final products during the preceding month is of the total skim milk and butterfat used by all persons during the preceding month to product Class IV final products. (e) Effect on Blend Prices.--Producer blend prices under a milk marketing order shall be adjusted to account for revenue distributions required under subsections (c) and (d). (f) Administration of Class IV Account.--The Secretary of Agriculture shall appoint a person to serve as Administrator of the Class IV account and shall delegate to that person such powers as are needed to fulfill the duties of Administrator. (g) Enforcement.-- (1) Collection.--The amounts specified in subsection (c) shall be collected and remitted to the Administrator in the manner prescribed by the Secretary of Agriculture. (2) Penalties.--If any person fails to remit the amounts required in subsection (c) or fails to comply with such requirements for recordkeeping or otherwise as are required by the Secretary to carry out this section, the person shall be liable to the Secretary for a civil penalty up to an amount determined by multiplying-- (A) the quantity of milk involved in the violation; by (B) the support rate for milk in effect under section 204 of the Agricultural Act of 1949 for the applicable calendar year. (3) Enforcement.--The Secretary may enforce this section in the courts of the United States. (h) Issuance of Class IV Account.--The Secretary shall issue regulations to effectuate the Class IV account without regard to the notice and comment requirements in section 553 of title 5, United States Code. (i) Definition of Milk Marketing Order.--For purposes of this section, the term ``milk marketing order'' means a milk marketing order issued pursuant to section 8c of the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c), and any comparable State milk marketing order or system. (j) Class IV Designation.--Effective January 1, 1996, section 8c(5)(A) of the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c(5)(A)), is amended by adding at the end the following new sentence: ``Each marketing order issued pursuant to this section for milk and its products shall include all skim milk and butterfat used to produce butter, nonfat dry milk, and dry whole milk as a Class IV classification.''. SEC. 3. DAIRY EXPORT INCENTIVE PROGRAM. (a) In General.--Section 153 of the Food Security Act of 1985 (15 U.S.C. 713a-14) is amended-- (1) in subsection (a), by-- (A) striking ``2001'' and inserting ``2002''; and (B) striking ``an export incentive program'' and inserting ``export incentive programs (the export bid program and the price equalization program)''; (2) in subsection (b), by-- (A) inserting ``exporter bid'' before ``program''; and (B) inserting ``of Agriculture'' after ``Secretary'' the first time it appears in the subsection; (3) in subsection (c), by inserting ``exporter bid'' before ``program'' the first time it appears in the subsection; (4) in subsection (d), by inserting ``exporter bid'' before ``program'' the first time it appears in the subsection; (5) in subsection (e), by inserting ``exporter bid'' before ``program''; and (6) by adding at the end the following new subsection: ``(f)(1) The price equalization program established under this section shall provide for the Corporation to make payments to the Administrator of the Class IV account established under section 1202 of the Agricultural Reconciliation Act of 1995, at the request of the Administrator, as provided in this subsection. The Secretary shall have the right to accept or reject any per-unit amount requested by the Administrator under such criteria as the Secretary deems appropriate. ``(2) Under the price equalization program, the Administrator may request, on a quarterly basis, price equalization payments on the milk equivalent, total milk solids basis, of amounts of solids not fat and butterfat exported from the United States during the preceding quarter. The rate of payment per unit of milk equivalent exported shall be an amount equal to the difference between the support rate for milk in effect under section 204 of the Agricultural Act of 1949 for the applicable quarter and the average Class IV price during such quarter, as determined under criteria established by the Secretary. ``(3) The Corporation may not make any payments under the price equalization program during the 12-month period beginning on July 1 of each year that will be inconsistent with the obligations of the United States under any trade agreement to which it is a party. For purposes of this paragraph, any unit of milk equivalent on which a payment is made under the export bid program authorized by this section shall only be counted one time to determine consistency with any quantitative trade obligation of the United States. ``(4) The price equalization program shall be operated under such rules and regulations issued by the Secretary as the Secretary deems necessary to ensure that-- ``(A) first priority in funds and tonnage allocations available for the operations of the programs under this section is given to the export bid program; and ``(B) sufficient documentation is provided of the export of the amounts of milk equivalent on which payments are made.''. (b) Effective Date.--The amendments made by subsection (a) shall become effective January 1, 1996. SEC. 4. CONSOLIDATION AND REFORM OF FEDERAL MILK MARKETING ORDERS. (a) Hearing by the Secretary and Follow-Up Action.--As soon as practicable after the enactment of this Act, the Secretary of Agriculture shall invite proposals to consolidate and reform Federal milk marketing orders issued under section 8c of the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 608c), and conduct one or more hearings to consider such proposals. Any such hearing also shall consider how all milk, including manufacturing grade milk, shall be regulated under either a Federal or State order (with manufacturing grade producers receiving pool proceeds from Class III and Class IV sales only). (b) Expedited Process.--The hearing provided for in subsection (a) shall be conducted under administrative hearing procedures, except that the Secretary shall have 90 days after the public hearing to determine, based on the hearing record, whether the consolidation of the orders will tend to accomplish the purposes of the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, and shall announce the determination through publication in the Federal Register by the end of such 90-day period. Such consolidation of orders provided for under the Secretary's determination shall be implemented within 2 years after the date of the enactment of this Act. (c) Sense of Congress Regarding Consolidation of Federal Orders.-- It is the sense of Congress that Federal milk marketing orders in operation under the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 should be consolidated to between 8 and 14 orders.

Amends the Agricultural Act of 1949 to establish milk price support provisions for calendar years 1996 through 2002. Mandates establishment of a special milk marketing order to equalize returns on all milk used in the 48 contiguous States to produce Class IV final products (butter, nonfat dry milk, and dry whole milk) among all milk marketed by producers for commercial use in those States. Amends the Food Security Act of 1985 to extend the termination date of the dairy products export incentive program (renaming it as the exporter bid program). Establishes a dairy products export incentive program (the price equalization program), requiring it to provide for payments by the Commodity Credit Corporation to the Administrator of the Class IV account established under the Agricultural Reconciliation Act of 1995. Mandates inviting proposals and conducting expedited hearings on consolidating and reforming Federal milk marketing orders issued under specified provisions of the Agricultural Marketing Agreement Act of 1937, including considering how all milk shall be regulated under Federal or State order, with manufacturing grade producers receiving pool proceeds from Class III and Class IV sales only. Declares that it is the sense of the Congress that Federal milk marketing orders in operation under the Agricultural Adjustment Act should be consolidated to between 8 and 14 orders.

To modify the price support program for milk; to establish a class IV account applicable to the products of milk; to modify the dairy export incentive program; and to consolidate and reform Federal milk marketing orders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Hazardous Waste Facilities Siting and Permitting Act of 1996''. SEC. 2. AMENDMENT OF SOLID WASTE DISPOSAL ACT. (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 and following) is amended by adding the following new section at the end thereof: ``SEC. 3024. SITING OF NEW OR EXPANDED HAZARDOUS WASTE FACILITIES. ``(a) Definitions.--For purposes of this section: ``(1) Application.--The term `application' means an application filed with a State or local permitting authority for approval to site a new or expanded hazardous waste facility. ``(2) Densely populated area.--The term `densely populated area' means an incorporated place or census designated place ``(defined by the Census Bureau) with a population density of at least 1,500 people per square mile as determined by the decennial census. ``(3) Environmental redlining.--The term `environmental redlining' means the selection of sites for new or expanded hazardous waste facilities based predominantly on the income of the majority of residents of real property surrounding the new or expanded hazardous waste facility site. ``(4) Host community.--The term `host community' means the incorporated place or census designated place of a State in which a new or expanded hazardous waste facility is proposed to be located. ``(5) New or expanded hazardous waste facility.--The term `new or expanded hazardous waste facility' means a hazardous waste treatment, storage, or disposal facility-- ``(A) the construction of which commences after the enactment of this section, or ``(B) the expansion of the physical capacity of which commences after January 1, 2000. For the purposes of this paragraph, the term `commence', when used with respect to a facility, refers to the issuance of all applicable permits for such facility under other provisions of Federal, State, and local law. ``(6) Official.--The term `official' means the elected executive official(s) of the host community if it is incorporated, or the county executive official or officials if it is a census designated place. ``(7) Person.--The term `person' means an individual, corporation, partnership, limited partnership, limited liability company, or any other lawful business entity that plans to operate a new or expanded hazardous waste facility. ``(8) Prime farm land.--The term `prime farm land' means real property on which crop yields exceed the State's annual average (as determined by the United States Department of Agriculture) of units per acre by at least 15 percent for 5 consecutive or nonconsecutive years of the past 10 years. ``(9) Permitting authority.--The term `permitting authority' means the State or local authority having jurisdiction under State or local law over the siting and permitting of new or expanded hazardous waste facilities. ``(10) Public place.--The term `public place' means any structure the general public may access at least 40 hours per week. ``(11) Units.--The term `units' means the pertinent crop measure used by the United States Department of Agriculture for reporting services for historical data. ``(b) Siting Criteria.--In addition to the standards applicable under section 3004, and under State and local law, each State or local permitting authority shall develop, not longer than 1 year after enactment of this Act, hazardous waste facility siting criteria, which, at a minimum, are consistent with each of the following: ``(1) Demographic criteria.--New or expanded hazardous waste facilities shall not be located within a 10-mile radius of densely populated areas or within 2,600 feet of any school, church, day care center, or other building or site at which persons under the age of 18 are frequently present. ``(2) Topographic-atmospheric-geologic criteria.--New or expanded hazardous waste facilities shall not be located on or within any of the following areas: ``(A) On shallow aquifers or recharge areas for shallow aquifers that are or may reasonably be expected to be used for drinking water or cropland irrigation. ``(B) Within at least 200 feet of streams, rivers, ponds, lakes, reservoirs, or other bodies of water that are in existence for at least 21 consecutive days. ``(C) On prime farm land. ``(3) Redlining.--The siting of new or expanded hazardous waste facilities shall not be based on environmental redlining. ``(c) Siting Procedures.--In addition to any procedures otherwise applicable under this Act or other applicable law, each State or local permitting authority shall develop hazardous waste facility siting procedures, which, at a minimum, are consistent with the following: ``(1) Application process.--Each application shall contain written assurances that the following procedures have been, or will be, carried out: ``(A)(i) The person shall publish an announcement of the intent to file an application to site a new or expanded hazardous waste facility, specifying the exact location of the proposed site, in 2 newspapers of general circulation 30 to 90 days before the filing of the application. ``(ii) One of the 2 newspapers of general circulation shall be the newspaper with the largest circulation of the incorporated place or census designated place wherein the new or expanded hazardous waste facility is proposed to be sited. ``(iii) The announcement of intent to file an application to site a new or expanded hazardous waste facility shall be published in a type size not smaller than the majority of the text type used on the front page of the newspaper. ``(B) The person shall submit to the permitting authority and to the official of the host community, a prospectus that detailed the criteria for the selection of the site and the nature of the waste management activities conducted at the planned facility. A copy of the prospectus shall be made available at a public place in the host community by the official of the host community. ``(C) The person shall submit to the permitting authority and to the official of the host community a detailed analysis and reporting of each of the following: ``(i) The area in which the new or expanded hazardous waste facility is to be located. ``(ii) The process by which the area was selected. ``(iii) A description of the technologies to be used at the facility. ``(iv) A comprehensive treatment analysis of the hazardous waste to be managed at the facility. ``(v) The annual capacity of the new or expanded hazardous waste facility. ``(vi) The expected origin of the waste accepted at the new or expanded hazardous waste facility. ``(vii) The quantity of waste the person intends to receive. ``(viii) The prospects for future expansion of the hazardous waste facility. ``(ix) Whether the person, its parent company, officers, corporate principals, or any entity owned, controlled, or operated by the entity has any pending or unresolved environmental violations of this Act. ``(D) The official of the host community shall establish a host community advisory committee of individuals with representation from opponents and supporters of the location of the new or expanded hazardous waste facility within 60 days of the filing of the application. ``(E) The host community advisory committee shall conduct 1 public meeting on the planned hazardous waste facility within 90 days of the establishment of the host advisory committee. ``(F) Upon the completion of the procedures described in subparagraphs (A) through (E), the person filing the application has requested the official of the host community for consent to site the facility in the host community. ``(2) Recommendation of the host community advisory committee.--The host community advisory committee shall submit a nonbinding written recommendation to the official of the host community within 30 days of the written request of the person filing the application, which reflects the opinion of the majority of the members of the host community advisory committee. ``(3) Consent of the official of the host community.--(A) The official of the host community shall file his consent or a statement withholding consent with the permitting authority within 10 days of the submission of the host community advisory committee's recommendations. ``(B) The official of the host community shall include in his consent or statement withholding consent, the criteria upon which his consent, or lack thereof, is based. ``(4) Appeals process.--The number of appeals of the permitting authority's final ruling on the application to site new or expanded hazardous waste facilities shall not exceed one (1).''. (b) Table of Contents.--The table of contents for subtitle C of the Solid Waste Disposal Act is amended by adding the following new item after the item relating to section 3023: ``Sec. 3024. Siting of new or expanded hazardous waste facilities.''.

Common Sense Hazardous Waste Facilities Siting and Permitting Act of 1996 - Amends the Solid Waste Disposal Act to add to standards applicable to hazardous waste treatment, storage, and disposal facilities under the Act and under State and local law the requirement that States and local permitting authorities develop siting criteria which, at a minimum, impose restrictions on facility location: (1) within specified distances of densely populated areas or schools, churches, day care centers, or other buildings frequented by persons under age 18; (2) on or within specified distances of aquifers or recharge areas used as sources of drinking or irrigation water, bodies of water, or prime farm land (as defined in this Act); and (3) based upon environmental redlining (selection of sites predominantly on the basis of the income of residents in the surrounding area). Requires States and local permitting authorities to develop siting procedures which meet specified minimum standards concerning the application process, host community advisory committee recommendations, official consent of the host community, and a restricted appeals process.

Common Sense Hazardous Waste Facilities Siting and Permitting Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering More Productive and Lasting Opportunity Act of 2011''. SEC. 2. TREATMENT OF EMPLOYMENT ASSISTANCE VOUCHER PROGRAMS. (a) Use of Unemployment Fund for Employment Assistance Voucher Program.-- (1) State law.--Section 3304(a)(4) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (F), by inserting ``and'' at the end of subparagraph (G), and by adding at the end the following new subparagraph: ``(H) during the 5-year period beginning on the date of the enactment of the Empowering More Productive and Lasting Opportunity Act of 2011, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v));''. (2) Permissible expenditures.--Section 3306(f) of such Code is amended-- (A) by striking ``and'' at the end of paragraph (5), (B) by redesignating the paragraph relating to the self-employment assistance program as paragraph (6) and striking the period at the end of such paragraph and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(7) during the 5-year period beginning on the date of the enactment of the Empowering More Productive and Lasting Opportunity Act of 2011, amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in subsection (v)).''. (b) Employment Assistance Voucher Program Defined.--Section 3306 of such Code is amended by adding at the end the following new subsection: ``(v) Employment Assistance Voucher Program.--For the purposes of this chapter-- ``(1) In general.--The term `employment assistance voucher program' means a program under which-- ``(A) an eligible individual is issued an employment assistance voucher, ``(B) upon employment with an employer described in paragraph (5)-- ``(i) the eligible individual transfers the employment assistance voucher to the employer, ``(ii) the individual ceases to receive unemployment compensation and is paid wages by the employer, and ``(iii) the employer receives payments upon presenting the voucher to the State, and ``(C) the program meets such other requirements as the Secretary of Labor determines to be appropriate. ``(2) Rules relating to unemployed individuals.--For purposes of paragraph (1)-- ``(A) Compensation.--Compensation pursuant to paragraph (1)(B)(ii) shall-- ``(i) be at a rate equal to or greater than the percentage specified by State law (but in no event less than 110 percent) of the rate which would otherwise be payable to the individual, ``(ii) not be less than the minimum wage (as specified in section 6 of the Fair Labor Standards Act of 1938), ``(iii) be payable for a period not to exceed the maximum number of remaining weeks of unemployment compensation (including supplemental and emergency) to which the employee would be entitled (but for participating in the employment assistance voucher program), determined as of the date of employment. ``(B) Termination of employment.--If, before the end of the period referred to in subparagraph (A)(iii), an individual's employment with an employer under the employment assistance voucher program is terminated for reasons other than cause, the individual is entitled to the remaining period of entitlement referred to in subparagraph (A)(iii) less the number of weeks of such employment. ``(C) Certain requirements not to apply.--State requirements relating to availability for work, active search for work, and refusal to accept work are not applicable to individuals participating in the employment assistance voucher program. ``(3) Employment assistance voucher.--The term `employment assistance voucher' means a voucher-- ``(A) obtained by an eligible individual pursuant to the State law, ``(B) payable to the employer of the eligible individual-- ``(i) at a rate determined under State law but not to exceed 90 percent of the amount of unemployment compensation to which the eligible individual is entitled, and ``(ii) on the same schedule as unemployment compensation would be payable to the individual but for employment under the employment assistance voucher program. ``(4) Eligible individual.--The term `eligible individual' means an individual who-- ``(A) is eligible to receive regular unemployment compensation under the State law, extended unemployment, or emergency unemployment or would be eligible to receive such compensation except for the requirements described in paragraph (1)(B), ``(B) is identified pursuant to a State worker profiling system as an individual likely to exhaust regular unemployment compensation, and ``(C) is employed by an eligible employer. ``(5) Eligible employer.--The term `eligible employer' means an employer who agrees to the terms and conditions of employment under the unemployment assistance voucher program and who is approved by the State agency. ``(6) Treatment of participating individuals under federal and state law.--Individuals participating in an unemployment assistance voucher program shall be treated as unemployed for the purposes of Federal and State laws applicable to unemployment compensation, except that wages paid to the employee under such program shall be subject to Federal and State taxation to the same extent and in the same manner as wages generally. ``(7) Cost limiter.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the program does not result in any cost to the Unemployment Trust Fund (established by section 904(a) of the Social Security Act) in excess of the cost that would be incurred by such State and charged to such Fund, or to any Federal funds in the system if the State had not participated in such program. ``(8) Prevention of employment termination to participate in program.--A State program shall not be treated as an employment assistance voucher program for purposes of this chapter unless the State has in effect measures to prevent employers from terminating employment for purposes of participating in the employment assistance voucher program.''. (c) Conforming Amendment.--Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``; and'' and inserting ``: Provided further, That amounts may be withdrawn for the payment of allowances under an employment assistance voucher program (as defined in section 3306(v) of the Internal Revenue Code of 1986); and''. (d) State Reports.--Any State operating an employment assistance voucher program approved by the Secretary of Labor pursuant to section 3304(a)(4)(H) of the Internal Revenue Code of 1986 (as added by this section) shall report annually to the Secretary on the number of individuals who participate in the program, the operating costs of the program, compliance with program requirements, and any other relevant aspects of program operations requested by the Secretary. (e) Report to Congress.--Not later than 4 years after the date of the enactment of this Act, the Secretary of Labor shall submit a report to the Congress with respect to the operation of the employment assistance voucher program. Such report shall be based on the reports received from the States pursuant to subsection (d) and include such other information as the Secretary of Labor determines is appropriate. (f) Effective Date.--The provisions of this section and the amendments made by this section shall take effect on the date of the enactment of this Act.

Empowering More Productive and Lasting Opportunity Act of 2011 - Amends the Internal Revenue Code to allow states, for a five-year period, to implement an employment assistance voucher program, in lieu of paying unemployment compensation directly to employees, under which an individual who is eligible for unemployment compensation and is likely to exhaust such compensation is issued an employment assistance voucher and is hired by a participating employer who receives a subsidy from the state for the wages paid to the employee.

To amend the Internal Revenue Code of 1986 to authorize an unemployment assistance voucher program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Planning Amendments Act of 1995''. SEC. 2. PROJECT GRANTS AND CONTRACTS FOR FAMILY PLANNING SERVICES. (a) Requiring Certain Nondirective Counseling and Referral Services.--Section 1001 of the Public Health Service Act (42 U.S.C. 300) is amended-- (1) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (2) by inserting after subsection (a) the following subsection: ``(b)(1) The Secretary may not make an award of a grant or contract under this section unless the applicant for the award agrees that the family planning project involved will provide to individuals information regarding pregnancy management options upon request of the individuals, and that such information will be provided only through individuals holding professional degrees in medicine or osteopathic medicine, nursing, clinical psychology, the allied health professions, or social work, through individuals meeting such other criteria as the Secretary determines to be appropriate for providing such information, or through individuals allowed under State law to provide such information. ``(2) With respect to compliance with the agreement made under paragraph (1), the family planning project involved, and any provider of services in the project, may not be required to provide information regarding a pregnancy management option if-- ``(A) the project or provider (as the case may be) objects to doing so on grounds of religious beliefs or moral convictions; and ``(B) the project refers the individual seeking services to another provider in the project, or to another project in the geographic area involved, as the case may be, that will provide such information. ``(3) For purposes of this subsection, the term `information regarding pregnancy management options' means nondirective counseling and referrals regarding-- ``(A) prenatal care and delivery; ``(B) infant care, foster care, and adoption; and ``(C) termination of pregnancy.''. (b) Compliance With State Laws on Parental Notification and Consent.--Section 1008 of the Public Health Service Act (42 U.S.C. 300a-6) is amended by inserting ``(a)'' before ``None'' and by adding at the end the following: ``(b)(1) No public or nonprofit private entity that performs abortions may receive an award of a grant or contract under section 1001 unless the entity has certified to the Secretary that the entity is in compliance with State law regarding parental notification of or consent for the performance of an abortion on a minor which is enforced in the State in which the entity is located. ``(2) Paragraph (1) shall not be construed to require or prohibit a State's adoption of parental notification or parental consent laws regarding the performance of an abortion on a minor, or to require or prohibit the enforcement by a State of such laws.''. (c) Information on Condoms.--Section 1001 of the Public Health Service Act, as amended by subsection (a) of this section, is amended by inserting after subsection (b) the following subsection: ``(c) The Secretary may not make an award of a grant or contract under this section unless the applicant for the award agrees that the family planning project involved will-- ``(1) distribute only those condoms meeting current requirements for quality control and labeling; and any subsequently developed standards, established by the Food and Drug Administration for the prevention of pregnancy and the prevention of the transmission of sexually transmitted diseases; and ``(2) advise individuals of the benefits of the proper use of condoms, of the extent of risk that still exists with condom usage, and of the fact that condoms currently available do not completely eliminate the risk of pregnancy or the transmission of sexually transmitted diseases.''. (d) Authorization of Appropriations.--Section 1001(f) of the Public Health Service Act, as redesignated by subsection (a) of this section, is amended to read as follows: ``(f) For the purpose of grants and contracts under this section, there are authorized to be appropriated $220,000,000 for fiscal year 1996, and $250,000,000 for fiscal year 1997.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING GRANTS AND CONTRACTS. Section 1003(b) of the Public Health Service Act (42 U.S.C. 300a- 1(b)) is amended to read as follows: ``(b) For the purpose of grants and contracts under subsection (a), there are authorized to be appropriated $6,250,000 for fiscal year 1996, and $7,000,000 for fiscal year 1997.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFORMATIONAL AND EDUCATIONAL MATERIALS. Section 1005(b) of the Public Health Service Act (42 U.S.C. 300a- 3(b)) is amended to read as follows: ``(b) For the purpose of grants and contracts under subsection (a), there are authorized to be appropriated $12,000,000 for fiscal year 1996, and $13,500,000 for fiscal year 1997.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act take effect upon the date of the enactment of this Act.

Family Planning Amendments Act of 1995- Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations. Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth.

Family Planning Amendments Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coin and Precious Metal Disclosure Act''. SEC. 2. DISCLOSURES REQUIRED OF COIN AND PRECIOUS METAL DEALERS. (a) Unlawful Conduct.--A covered coin or precious metal dealer shall disclose to the consumer, prior to any sale of coins or precious metal bullion, the following information: (1) Any fee that is or may be incurred by the customer if the sale of the coin or precious metal bullion were to be consummated. (2) The purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion. (3) Such other information as the Commission may require by regulation (in accordance with section 553 of title 5, United States Code). (b) Manner of Disclosure.-- (1) In general.--Except as provided in paragraph (2), the disclosures required under subsection (a) shall be in writing and present the information clearly and conspicuously. (2) Telephone communication.--In any solicitation made by telephone for any sale subject to subsection (a), the person making the solicitation shall orally disclose the information required by such subsection clearly and conspicuously to the consumer before the transaction is consummated. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair and Deceptive Act or Practice.--A violation of this Act or a regulation issued pursuant to this Act shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in that Act. SEC. 4. ENFORCEMENT BY STATES. (a) In General.--Whenever an attorney general of any State has reason to believe that the interests of the residents of that State have been or are being threatened or adversely affected because any person has engaged or is engaging in an act or practice which violates section 2 or any rule of the Commission issued pursuant to this Act, the State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enjoin such violative act or practice, to enforce compliance with such rule of the Commission, to obtain damages, restitution, or other compensation on behalf of residents of such State, or to obtain such further and other relief as the court may determine appropriate. (b) Notice.--The State shall provide prior written notice of any civil action under subsection (a) or (f)(2) to the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. Upon receiving a notice respecting a civil action, the Commission shall have the right-- (1) to intervene in such action; (2) upon so intervening, to be heard on all matters arising therein; (3) to remove the action to the appropriate United States district court; and (4) to file petitions for appeal. (c) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this Act shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by Commission.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of section 2 or any rule issued pursuant to this Act, no State may, during the pendency of such action instituted by or on behalf of the Commission, institute a civil action under subsection (a) or (f)(2) of this section against any defendant named in the complaint in such action for violation of any rule as alleged in such complaint. (e) Venue; Service of Process.--Any civil action brought under subsection (a) of this section in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. (f) Actions by Other State Officials.-- (1) Construction.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of such State. (2) Other state actions.--In addition to actions brought by an attorney general of a State under subsection (a) of this section, such an action may be brought by officers of such State who are authorized by the State to bring actions in such State on behalf of its residents. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``coin or precious metal dealer'' means any person that sells or offer for sale for investment purposes gold coins or bullion or coins or bullion made of other precious metals; (2) the term ``melt-value'' means the reasonable estimated value of any coin or precious metal if such item were processed and refined; and (3) the term ``reasonable resale value'' means a reasonable price that the coin or precious metal dealer selling the coin or other precious metal determines that other coin or precious metal dealers would pay to purchase the coin or other precious metal from the consumer on the date that such coin or other precious metal is sold to the consumer. SEC. 6. EXEMPTION AND RULE OF CONSTRUCTION. (a) Exemption for Certain Collectible Coins.--Nothing in this Act shall apply to the sale of rare and collectable coins-- (1) the precious metal content of which constitutes only a limited or insignificant portion of the overall value of the coin; and (2) whose value is not affected by the increase or decline in the value of such precious metals. (b) Rule of Construction Relating to the Telemarketing Sales Rule.--Nothing in this Act shall be construed to affect the Telemarketing Sales Rule as set forth in part 310 of title 16, Code of Federal Regulations.

Coin and Precious Metal Disclosure Act - Requires a coin or precious metal dealer to disclose clearly and conspicuously in writing to the consumer before any sale of coins (including gold coins) or precious metal bullion: (1) any fee incurred by the customer upon sale consummation; and (2) the purchase price, the melt value, and the reasonable resale value of the coin or precious metal bullion. Requires telephone sales solicitations for such coins or precious metal bullion to disclose the same information before the transaction is consummated. Treats a violation of this Act as an unfair or deceptive act or practice in violation of the Federal Trade Commission Act, and subject to penalties. Directs the Federal Trade Commission (FTC) to enforce this Act as though the Federal Trade Commission Act applies. Empowers states to enforce compliance with this Act, but entitles the FTC, upon notice of a state civil action, to intervene and be heard on all matters arising in it, remove it to the appropriate federal district court, and file petitions for appeal. Exempts from this Act the sale of rare and collectable coins whose: (1) precious metal content constitutes only a limited or insignificant portion of the overall value of the coin; and (2) value is not affected by the increase or decline in the value of such precious metals.

To require disclosures to consumers by coin and precious metal bullion dealers.

SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Paycheck Fairness Act ''. (b) Reference.--Whenever in this Act (other than in section 8) an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress finds the following: (1) Women have entered the workforce in record numbers. (2) Even in the 21st century, women earn significantly lower pay than men for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination. (3) The existence of such pay disparities-- (A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet; (B) prevents the optimum utilization of available labor resources; (C) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States; (D) burdens commerce and the free flow of goods in commerce; (E) constitutes an unfair method of competition in commerce; (F) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; (G) interferes with the orderly and fair marketing of goods in commerce; and (H) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th amendments to the United States Constitution. (4)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist even decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.). (B) Elimination of such barriers would have positive effects, including-- (i) providing a solution to problems in the economy created by unfair pay disparities; (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance; and (iii) promoting stable families by enabling all family members to earn a fair rate of pay; (iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and (v) in the private sector, ensuring equal protection pursuant to Congress' power to enforce the 5th and 14th amendments to the United States Constitution. (5) With increased information about the provisions added by the Equal Pay Act of 1963 (29 U.S.C. 206) and generalized wage data, along with more effective remedies, women will be better able to recognize and enforce their rights to equal pay for work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions. (6) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized. SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Required Demonstration for Affirmative Defense.--Section 6(d)(1) (29 U.S.C. 206(d)(1)) is amended-- (1) by inserting ``(A)'' after ``(d)(1)''; and (2) by striking ``(iv) a differential'' and all that follows through the period and inserting the following: ``(iv) a differential based on a bona fide factor other than sex, such as education, training, or experience, except that this clause shall apply only if-- ``(I) the employer demonstrates that-- ``(aa) such factor-- ``(AA) is job-related with respect to the position in question; or ``(BB) furthers a legitimate business purpose, except that this item shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice; and ``(bb) such factor was actually applied and used reasonably in light of the asserted justification; and ``(II) if the employer makes the demonstration described in subclause (I), the employee fails to demonstrate that the differential produced by the reliance of the employer on the factor described in such subclause is the result of discrimination on the basis of sex by the employer. ``(B) An employer that is not otherwise in compliance with this paragraph may not reduce the wages of any employee in order to achieve such compliance.''. (b) Application of Provisions.--Section 6(d) (29 U.S.C. 206(d)) is amended by adding at the end the following: ``(5) The provisions of this subsection shall apply to applicants for employment if such applicants, upon employment by the employer applied to, would be subject to any other subsection of this section.''. (c) Elimination of Establishment Requirement.--Section 6(d)(1) (29 U.S.C. 206(d)(1)) is amended-- (1) by striking ``, within any establishment in which such employees are employed,''; and (2) by striking ``such establishment'' each place it appears. (d) Nonretaliation Provision.--Section 15(a)(3) (29 U.S.C. 215(a)(3)) is amended-- (1) by striking ``employee'' the first place it appears and inserting ``employee (or applicant for employment in the case of an applicant described in section 6(d)(5))''; (2) by inserting ``(or applicant)'' after ``employee'' the second place it appears; (3) by striking ``or has'' each place it appears and inserting ``has''; and (4) by inserting before the semicolon the following: ``, has inquired about, discussed, or otherwise disclosed the wages of the employee or another employee, or because the employee (or applicant) has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, hearing, or action under section 6(d)''. (e) Enhanced Penalties.--Section 16(b) (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d) shall additionally be liable for such compensatory or punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``either of the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after the sentence referred to in paragraph (3) the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (f) Action by Secretary.--Section 16(c) (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages,'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages''; (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''; and (4) in the last sentence-- (A) by striking ``commenced in the case'' and inserting ``commenced-- ``(1) in the case''; (B) by striking the period and inserting ``: or''; and (C) by adding at the end the following: ``(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.''. SEC. 4. TRAINING. The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 9(b), shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials relating to eliminating the pay disparities; (3) sponsoring and assisting State and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and (6) convening a national summit to discuss and consider approaches for rectifying the pay disparities. SEC. 6. TECHNICAL ASSISTANCE AND EMPLOYER RECOGNITION PROGRAM. (a) Guidelines.-- (1) In general.--The Secretary of Labor shall develop guidelines to enable employers to evaluate job categories based on objective criteria such as educational requirements, skill requirements, independence, working conditions, and responsibility, including decisionmaking responsibility and de facto supervisory responsibility. (2) Use.--The guidelines developed under paragraph (1) shall be designed to enable employers voluntarily to compare wages paid for different jobs to determine if the pay scales involved adequately and fairly reflect the educational requirements, skill requirements, independence, working conditions, and responsibility for each such job, with the goal of eliminating unfair pay disparities between occupations traditionally dominated by men or women. (3) Publication.--The guidelines developed under paragraph (1) shall be published in the Federal Register not later than 180 days after the date of enactment of this Act. (b) Employer Recognition.-- (1) Purpose.--It is the purpose of this subsection to emphasize the importance, encourage the improvement, and recognize the excellence of employer efforts to pay wages to women that reflect the real value of the contributions of such women to the workplace. (2) In general.--To carry out the purpose of this subsection, the Secretary of Labor shall establish a program under which the Secretary shall provide for the recognition of employers who, pursuant to a voluntary job evaluation conducted by the employer, adjust their wage scales using the guidelines developed under subsection (a) to ensure that women are paid fairly in comparison to men, but such adjustments shall not include the lowering of wages paid to men. (3) Technical assistance.--The Secretary of Labor may provide technical assistance to assist an employer in carrying out an evaluation under paragraph (2). (c) Rulemaking.--The Secretary of Labor may make rules to carry out this section. SEC. 7. ESTABLISHMENT OF NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the Alexis Herman National Award for Pay Equity in the Workplace, which shall be evidenced by a medal bearing the inscription ``Alexis Herman National Award for Pay Equity in the Workplace''. The medal shall be of such design and materials and bear such additional inscriptions as the Secretary of Labor may prescribe. (b) Criteria for Qualification.--To qualify to receive an award under this section a business shall-- (1) submit a written application to the Secretary of Labor, at such time, in such manner, and containing such information as the Secretary may require, including at a minimum information that demonstrates that the business has made a substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence; and (2) meet such additional requirements and specifications as the Secretary of Labor determines to be appropriate. (c) Making and Presentation of Award.-- (1) Award.--After receiving recommendations from the Secretary of Labor, the President or the designated representative of the President shall annually present the award described in subsection (a) to businesses that meet the qualifications described in subsection (b). (2) Presentation.--The President or the designated representative of the President shall present the award under this section with such ceremonies as the President or the designated representative of the President determines to be appropriate. (d) Business.--In this section, the term ``business'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following: ``(f)(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall-- ``(A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and ``(B) based on the results of the survey and consultations under subparagraph (A), make rules to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees. ``(2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination, and shall also consider other factors, including the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collections reports.''. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages to: (1) add nonretaliation requirements; (2) increase penalties; and (3) authorize the Secretary of Labor to seek additional compensatory or punitive damages.Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination.Directs the Secretary to provide for certain studies, information, a national summit, guidelines, awards, and assistance for employer evaluations of job categories based on objective criteria.Establishes the Alexis Herman National Award for Pay Equity in the Workplace.Amends the Civil Rights Act of 1964 to require the EEOC to collect certain pay information.

To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Telecommunications Improvement Act of 1999''. SEC. 2. ESTABLISHMENT OF OFFICE OF RURAL ADVOCACY IN THE FEDERAL COMMUNICATIONS COMMISSION. (a) Establishment.--Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended by adding at the end the following: ``SEC. 12. OFFICE OF RURAL ADVOCACY. ``(a) Establishment.--There shall be in the Commission an office to be known as the `Office of of Rural Advocacy'. The office shall not be a bureau of the Commission. ``(b) Head of Office.--(1) The Office shall be headed by the Rural Advocate of the Federal Communications Commission. The Rural Advocate shall be appointed by the President, by and with the advice and consent of the Senate, from among citizens of the United States. ``(2) The Rural Advocate shall have a status and rank in the Commission commensurate with the status and rank in the Commission of the heads of the bureaus of the Commission. ``(c) Responsibilities of Office.--The responsibilities of the Office are as follows: ``(1) To promote access to advanced telecommunications service for populations in the rural United States. ``(2) To develop proposals for the modification of policies and activities of the departments and agencies of the Federal Government in order to better fulfill the commitment of the Federal Government to universal service and access to advanced telecommunications services in rural areas, and submit such proposals to the departments and agencies. ``(3) To assess the effectiveness of existing Federal programs for providers of telecommunications services in rural areas, and make recommendations for legislative and non- legislative actions to improve such programs. ``(4) To measure the costs and other effects of Federal regulations on the capability of telecommunication carriers in rural areas to provide adequate telecommunications services (including advanced telecommunications and information services) in such areas, and make recommendations for legislative and non-legislative actions to modify such regulations so as to minimize the interference of such regulations with that capability. ``(5) To determine the effect of Federal tax laws on providers of telecommunications services in rural areas, and make recommendations for legislative and non-legislative actions to modify Federal tax laws so as to enhance the availability of telecommunications services in rural areas. ``(6) To serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning policies and activities of any department or agency of the Federal Government which affect the receipt of telecommunications services in rural areas. ``(7) To counsel providers of telecommunications services in rural areas on the effective resolution of questions and problems in the relationships between such providers and the Federal Government. ``(8) To represent the views and interests of rural populations and providers of telecommunications services in rural areas before any department or agency of the Federal Government whose policies and activities affect the receipt of telecommunications services in rural areas. ``(9) To enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the telecommunications programs and services of the Federal Government which benefit rural populations and providers of telecommunications services in rural areas. ``(d) Staff and Powers of Office.-- ``(1) Staff.-- ``(A) In general.--For purposes of carrying out the responsibilities of the Office under this section, the Rural Advocate may employ and fix the compensation of such personnel for the Office as the Rural Advocate considers appropriate. ``(B) Pay.-- ``(i) In general.--The employment and compensation of personnel under this paragraph may be made without regard to the provisions of title 5, United States Code, governing appointments in the civil service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to the classification of positions and General Schedule pay rates. ``(ii) Maximum rate of pay.--The rate of pay of personnel employed under this paragraph may not exceed the rate payable for GS-15 of the General Schedule. ``(C) Limitation.--The total number of personnel employed under this paragraph may not exceed 14. ``(2) Temporary and intermittent services.--The Rural Advocate may procure temporary and intermittent services to the extent authorized by section 3109 of title 5, United States Code, for purposes of the activities of the Office under this section. ``(3) Consultation with experts.--The Rural Advocate may consult with individuals and entities possessing such expertise as the Rural Advocate considers appropriate for purposes of the activities of the Office under this section. ``(4) Hearing.--The Rural Advocate may hold hearings and sit and act as such times and places as the Rural Advocate considers appropriate for purposes of the activities of the Office under this section. ``(e) Assistance of Other Federal Departments and Agencies.-- ``(1) In general.--Any department or agency of the Federal Government may, upon the request of the Rural Advocate, provide the Office with such information or other assistance as the Rural Advocate considers appropriate for purposes of the activities of the Office under this section. ``(2) Reimbursement.--Assistance may be provided the Office under this subsection on a reimbursable basis. ``(f) Reports.-- ``(1) Annual report.--The Rural Advocate shall submit to Congress, the President, and the Commission on an annual basis a report on the activities of the Office under this section during the preceding year. The report may include any recommendations for legislative or other action that the Rural Advocate considers appropriate. ``(2) Other reports.--The Rural Advocate may submit to Congress, the President, the Commission, or any other department or agency of the Federal Government at any time a report containing comments on a matter within the responsibilities of the Office under this section. ``(3) Direct submittal.--The Rural Advocate may not be required to submit any report under this subsection to any department or agency of the Federal Government (including the Office of Management and Budget or the Commission) before its submittal under a provision of this subsection.''. (b) Executive Schedule Level IV.--Section 5315 of title 5, United States Code, is amended by adding at the end the following: ``Rural Advocate, Federal Communications Commission.''. (c) Report on Initial Activities.--Not later than 180 days after the date of the appointment of the Rural Advocate of the Federal Communications Commission, the Rural Advocate shall submit to Congress a report on the actions taken by the Rural Advocate to commence carrying out the responsibilities of the Office of Rural Advocacy of the Federal Communications Commission under section 12 of the Communications Act of 1934, as added by subsection (a).

Rural Telecommunications Improvement Act of 1999 - Amends the Communications Act of 1934 to establish within the Federal Communications Commission (FCC) the Office of Rural Advocacy, to be headed by the Rural Advocate of the FCC, to: (1) promote access to advanced telecommunications service for rural populations; and (2) undertake related functions and activities. Requires: (1) annual reports (and other reports as needed) from the Rural Advocate to Congress, the President, and the FCC; and (2) an initial report from the Advocate to Congress on actions taken to carry out this Act.

Rural Telecommunications Improvement Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Animal Cruelty and Torture Act'' or the ``PACT Act''. SEC. 2. REVISION OF SECTION 48. (a) In General.--Section 48 of title 18, United States Code, is amended to read as follows: ``Sec. 48. Animal crushing ``(a) Offenses.-- ``(1) Crushing.--It shall be unlawful for any person to purposely engage in animal crushing in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States. ``(2) Creation of animal crush videos.--It shall be unlawful for any person to knowingly create an animal crush video, if-- ``(A) the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or ``(B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce. ``(3) Distribution of animal crush videos.--It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce. ``(b) Extraterritorial Application.--This section applies to the knowing sale, marketing, advertising, exchange, distribution, or creation of an animal crush video outside of the United States, if-- ``(1) the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or ``(2) the animal crush video is transported into the United States or its territories or possessions. ``(c) Penalties.--Whoever violates this section shall be fined under this title, imprisoned for not more than 7 years, or both. ``(d) Exceptions.-- ``(1) In general.--This section does not apply with regard to any conduct, or a visual depiction of that conduct, that is-- ``(A) a customary and normal veterinary, agricultural husbandry, or other animal management practice; ``(B) the slaughter of animals for food; ``(C) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control; ``(D) medical or scientific research; ``(E) necessary to protect the life or property of a person; or ``(F) performed as part of euthanizing an animal. ``(2) Good-faith distribution.--This section does not apply to the good-faith distribution of an animal crush video to-- ``(A) a law enforcement agency; or ``(B) a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate. ``(3) Unintentional conduct.--This section does not apply to unintentional conduct that injures or kills an animal. ``(4) Consistency with rfra.--This section shall be enforced in a manner that is consistent with section 3 of the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1). ``(e) No Preemption.--Nothing in this section shall be construed to preempt the law of any State or local subdivision thereof to protect animals. ``(f) Definitions.--In this section-- ``(1) the term `animal crushing' means actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242); ``(2) the term `animal crush video' means any photograph, motion-picture film, video or digital recording, or electronic image that-- ``(A) depicts animal crushing; and ``(B) is obscene; and ``(3) the term `euthanizing an animal' means the humane destruction of an animal accomplished by a method that-- ``(A) produces rapid unconsciousness and subsequent death without evidence of pain or distress; or ``(B) uses anesthesia produced by an agent that causes painless loss of consciousness and subsequent death.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 18, United States Code, is amended by striking the item relating to section 48 and inserting the following: ``48. Animal crushing.''. Passed the Senate December 10 (legislative day, December 9), 2016. Attest: Secretary. 114th CONGRESS 2d Session S. 1831 _______________________________________________________________________ AN ACT To revise section 48 of title 18, United States Code, and for other purposes.

Preventing Animal Cruelty and Torture Act or the PACT Act (Sec. 2) This bill amends the federal criminal code to revise and expand provisions with respect to animal crushing. It retains existing criminal offenses that prohibit knowingly creating or distributing an animal crush video using interstate commerce. The bill also adds a new provision to criminalize an intentional act of animal crushing. A violator is subject to criminal penalties—a fine, a prison term of up to seven years, or both. It provides additional exceptions for conduct, or a video of conduct, including conduct that is: (1) medical or scientific research, (2) necessary to protect the life or property of a person, (3) performed as part of euthanizing an animal, or (4) unintentional.

PACT Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Headwaters Forest Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that: (1) Redwoods are a significant national symbol and a defining symbol of the State of California. (2) Old growth redwood trees are a unique and irreplaceable natural resource. (3) Most of the Nation's old growth forests have been cut. Less than 5 percent of the original 2,000,000 acre Coast redwoods remain standing. The groves that are left are crucial to maintain habitat needed for survival of old-growth dependent species. The Headwaters Forest, for example, is home to one of California's three largest population of marbled murrelets, rare sea birds that nest only in coastal old growth trees; the Northern Spotted Owl; and native salmon stocks that spawn in the Forest's creeks. (4) The remaining unprotected stands of old growth forests and old growth redwoods are under immediate threat of being harvested without regard to their ecological importance and without following Federal timber harvest guidelines. (5) Significant amounts of old growth redwoods in the proposed National Forest additions are being cut at a pace that is based on paying high interest rates on poor quality bonds and not at a pace that is based on sound forest management practices. (6) The continued fragmentation and loss of irreplaceable ecosystems creates an urgent need to develop creative solutions to achieve the long-term benefits of permanent protection and preservation. (b) Purpose.--The purpose of this Act is to provide for the sound management and protection of old growth Redwood forest areas in Humboldt County, California, and to preserve and enhance habitat for the marbled murrelet, Northern Spotted owl, native salmon stocks, and other old growth forest dependent species, by adding certain lands and waters to the Six Rivers National Forest and by including a portion of such lands in the national wilderness preservation system. (c) Definitions.--For purposes of this Act: (1) The terms ``Six Rivers National Forest Addition'' and ``Headwaters Forest'' mean the area authorized for land acquisition activities under section 3, as depicted on the map described in section 3(b)(1). (2) The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. ADDITION TO SIX RIVERS NATIONAL FOREST. (a) Modification of Boundaries.--Effective upon the consummation of a land acquisition conducted as provided in subsection (b), the Secretary of Agriculture shall modify the exterior boundaries of the Six Rivers National Forest in the State of California to include the acquired lands. (b) Acquisition of Land.-- (1) Area for acquisition activities.--The Secretary may acquire lands and interests in land within the boundaries of an area comprising approximately 44,000 acres, as generally depicted on the map entitled ``Six Rivers National Forest Addition proposed'' and dated June 1993, for inclusion in the Six Rivers National Forest under subsection (a). The map shall be on file and available for public inspection in the offices of the Forest Supervisor, Six Rivers National Forest, and in the offices of the Chief of the Forest Service, Department of Agriculture. (2) Manner of conducting acquisition.--Lands and interests in lands within the Six Rivers National Forest Addition may be acquired by the Secretary only by donation, by purchase with donated or appropriated funds, or by exchange. (3) Special rule for federal transfers.--For purposes of making an exchange under paragraph (2), excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States may be transferred, subject to the advance approval of the transfer by law, to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange. To facilitate the approval of a transfer of lands under this paragraph, the Secretary shall submit to the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate proposed legislation in connection with the proposed transfer. The transfer of lands under this paragraph shall be made without compensation to the transferring department, agency, or instrumentality. (4) Acquisition of certain lands outside addition.--When a tract of land proposed to be acquired is only partly within the Six Rivers National Forest Addition, the Secretary may acquire all or any portion of the land outside of the Six Rivers National Forest Addition to minimize the payment of severance costs. Land acquired outside of the boundaries may be exchanged by the Secretary for non-Federal lands within the boundaries. Land acquired outside of the boundaries of the Six Rivers National Forest Addition under this paragraph and not used for exchange shall be reported to the Administrator of the General Services Administration for disposal under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). (5) Special rule for state or local government lands.-- Lands and interests in lands within the boundaries of the Six Rivers National Forest Addition that are owned by the State of California or any political subdivision thereof, may be acquired only by donation or exchange. (6) Acceptance and use of funds.--The Secretary may accept from the State of California funds to cover the cost of acquiring lands within the Six Rivers National Forest Addition. Notwithstanding any other provision of law, the Secretary may retain and expend such funds for purposes of such acquisition. Such funds shall be available for such purpose without further appropriation and without fiscal year limitation. (c) Land Acquisition Plan.--The Secretary shall develop and implement, within 6 months after the date of the enactment of this Act, a land acquisition plan that contains specific provisions addressing how and when lands will be acquired under subsection (b). The plan shall give priority first to the acquisition of lands within the Six Rivers National Forest Addition proposed for inclusion in the National Wilderness Preservation System. The plan shall include an analysis of the possibilities for acquisition through means other than the expenditure of funds, including the use of excess and surplus Federal properties. The Secretary shall identify and list these properties. The Secretary shall submit copies of the plan to the Committee on Natural Resources, the Committee on Agriculture, and the Committee on Appropriations of the House of Representatives and to the Committee on Energy and Natural Resources, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Appropriations of the Senate. (d) Authorization of Appropriations; Limitation.--There are authorized to be appropriated such sums as may be necessary to carry out this Act; except that the total amount obligated or expended to acquire lands or interests in lands in the Six Rivers Forest Addition shall not exceed $200,000,000. (e) Termination of Acquisition Authority.--Notwithstanding any other provision of this section, the Secretary may not acquire lands under the authority of this section after the end of the 10-year period beginning on the date of the enactment of this Act. (f) Consent of Owner Required for Acquisition.--Lands and interests in lands within the Six Rivers National Forest Addition may not be acquired by the Secretary for purposes of this Act without the consent of the owner of the lands. The Secretary may not acquire lands or interests in lands within the Six Rivers National Forest Addition by condemnation. SEC. 4. WILDERNESS AREAS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131-1136), lands in the State of California acquired under section 3 of this Act which are within the areas generally depicted on the map referred to in section 3 as the ``Headwaters Forest Wilderness (Proposed)'' shall be designated as wilderness and therefore as a component of the National Wilderness Preservation System, effective upon acquisition under section 3. Such lands shall be known as the Headwaters Forest Wilderness. (b) Map and Description.--As soon as practicable after the inclusion of any lands in the Headwaters Forest Wilderness, the Secretary shall file a map and a legal description of the area so included with the Committee on Natural Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. The Secretary may correct clerical and typographical errors in such legal description and such map. Each such map and legal description shall be on file and available for public inspection in the offices of the Forest Supervisor, Six Rivers National Forest, and in the offices of the Chief of the Forest Service, Department of Agriculture. (c) Buffer Zones Not Intended.--The Congress does not intend that designation of any area as wilderness under this section lead to the creation of protective perimeters or buffer zones around the wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. (d) State Authority Over Fish and Wildlife.--As provided in section 4(d)(8) of the Wilderness Act, nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of California with respect to wildlife and fish in any areas designated by this Act as wilderness. SEC. 5. ADMINISTRATION. (a) Management Plan.--Within 1 year after acquiring all or part of the lands identified to be acquired in section 3, the Secretary shall develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems. The management plan shall include each of the following with respect to the lands so acquired: (1) Prohibition of the sale of timber from lands within the old growth redwood groves as depicted generally on the map referred to in section 3(b)(1). Timber sales in other areas within the Six Rivers National Forest Addition shall be allowed consistent with the purposes of this Act and other applicable Federal laws and regulations. (2) Measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species. The management plan shall be reviewed and revised each time the land and resource management plan for the Six Rivers National Forest is revised or more frequently as necessary to meet the purposes of this Act. (b) Applicable Laws and Policies.--(1) The Secretary, acting through the Chief of the Forest Service, shall administer the lands acquired under section 3(b) in accordance with the Management Plan, this Act, and with the other laws, rules, and regulations applicable to such national forest. In addition, subject to valid existing rights, any lands acquired and designated as wilderness under section 4(a) shall also be administered in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the date of acquisition of such lands under section 3 of this Act. (2) To the maximum extent practicable, all work to implement the management plan's Restoration Measures shall be performed by unemployed forest and timber workers, unemployed commercial fishermen, or other unemployed persons whose livelihood depends on fishery and timber resources. (3) In order to facilitate management, the Secretary, acting through the Chief of the Forest Service may enter into agreements with the State of California for the management of lands owned by the State or purchased with State assistance. SEC. 6. PAYMENTS TO LOCAL GOVERNMENT. (a) PILT.--Solely for purposes of payments made pursuant to chapter 69 of title 31 of the United States Code, all lands added to the Six Rivers National Forest by this Act shall be deemed to have been acquired for the purposes specified in section 6904(a) of such title 31. (b) 10-Year Payment.--(1) Subject to annual appropriations and the provisions of subsection (c), for a period of 10 years after acquisition by the United States of lands added to the Six Rivers National Forest by this Act, the Secretary, with respect to such acquired lands, shall make annual payments to Humboldt County in the State of California in an amount equal to the State of California Timber Yield Tax revenues payable under the California Revenue and Taxation Code (sec. 38101 et seq.) in effect as of the date of enactment of this Act that would have been paid with respect to such lands if the lands had not been acquired by the United States, as determined by the Secretary pursuant to this subsection. (2) The Secretary shall determine the amounts to be paid pursuant to paragraph (1) of this subsection based on an assessment of a variety of factors including, but not limited to-- (A) timber actually sold in the subject year from comparable commercial forest lands of similar soil type, slope and such determination of appropriate timber harvest levels, (B) comparable timber size class, age, and quality, (C) market conditions, (D) all applicable Federal, State, and local laws and regulations, and (E) the goal of sustainable, even-flow harvest or renewable timber resources. (c) California Timber Yield Tax.--The amount of State of California Timber Yield Tax payments paid to Humboldt County in any year pursuant to the laws of California for timber sold from lands acquired under this Act shall be deducted from the sums to be paid to Humboldt County in that year under subsection (b). (d) 25-Percent Fund.--Amounts paid under subsection (b) with respect to any land in any year shall be reduced by any amounts paid under the Act of May 23, 1908 (16 U.S.C. 500) which are attributable to sales from the same lands in that year. SEC. 7. FOREST STUDY. The Secretary shall study the lands within the area comprising approximately 13,620 acres and generally depicted as ``Study Area'' on the map referred to in section 3(a). The study shall analyze the area's potential to be added to the Headwaters Forest and shall identify the natural resources of the area including the location of old growth forests, old growth redwood stands, threatened and endangered species habitat and populations including the northern spotted owl and marbled murrelet, commercial timber volume, recreational opportunities, wildlife and fish, watershed management, and the cost of acquiring the land. Within one year of the date of enactment of this Act, the Secretary shall submit a report with the findings of the study to the Committees on Natural Resources, and Agriculture of the United States House of Representatives and the Committees on Energy and Natural Resources, and Agriculture, Nutrition, and Forestry of the United States Senate. SEC. 8. NO ADVERSE EFFECT ON LANDS UNTIL ACQUIRED. (a) In General.--Until the lands in the Six River National Forest Addition are acquired under section 3, the owners of the lands and their designees shall be entitled to the full and lawful use and enjoyment of the lands. Nothing in this Act may be-- (1) construed to impose any limitations upon any otherwise lawful use of the lands by the owners of the lands or their designees; (2) construed as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or (3) construed to grant a cause of action against the owner of the lands or their designees. (b) Voluntary Deferment of Use.--The owners of lands described in section 3 or their designees may agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time. SEC. 9. SEARCH AND RESCUE OPERATIONS IN SIX RIVERS NATIONAL FOREST. As provided in section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), mechanical transport (including motor vehicles, motorized equipment, and the landing of fixed-wing and rotary aircraft) shall be permitted anywhere within the boundaries of the Six Rivers National Forest with respect to any emergency involving the health or safety of an individual within the national forests. SEC. 10. PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS. (a) Sense of Congress.--It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Act should be American-made. (b) Notice Requirement.--In providing payments under section 6 or other financial assistance to, or entering into any contract with, any entity using funds made available under this Act, the Secretary, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. Passed the House of Representatives September 21, 1994. Attest: DONNALD K. ANDERSON, Clerk. HR. 2866 RFS----2

Headwaters Forest Act - Requires the Secretary of Agriculture to modify the boundaries of the Six Rivers National Forest, California, to include certain lands acquired under this Act and referred to as the Six Rivers National Forest Addition. Authorizes the Secretary to acquire land, with the owner's consent, within the boundaries of the Addition by donation, by purchase, or by exchange for other excess or surplus lands under the jurisdiction of any other department, agency, or instrumentality of the United States (subject to the advance approval of the transfer of such lands by law to the administrative jurisdiction of the Secretary if the Secretary identifies the lands as suitable for use in making an exchange). Prohibits the Secretary from acquiring such lands by condemnation. Directs the Secretary to develop and implement a land acquisition plan giving priority to the acquisition of lands within the boundaries of the Addition. Authorizes appropriations. Terminates the Secretary's authority to acquire lands under this Act after the end of the ten-year period beginning on the enactment of this Act. Designates acquired lands in California which are within the Headwaters Forest Wilderness as a component of the National Wilderness Preservation System. Requires the Secretary to develop a comprehensive management plan for the acquired lands detailing measures for the preservation of the existing old growth redwood ecosystems, including: (1) a prohibition on timber sales from lands within the old growth redwood groves in the Addition; and (2) measures to restore lands affected by previous timber harvests to mitigate watershed degradation and impairment of habitat for the marbled murrelet, northern spotted owl, native salmon stocks, and other old-growth forest dependent species. Sets forth provisions regarding payments to local governments in lieu of taxes for lands acquired under this Act. Directs the Secretary to analyze an area's potential to be added to the Addition, to identify the area's natural resources, to study the watershed management of the area and the cost of acquiring the land, and to report the results to specified congressional committees. Provides that until the lands in the Addition are acquired under this Act, the owners of the lands shall be entitled to full and lawful use and enjoyment of the lands. Declares that nothing in this Act shall be construed: (1) to impose any limitations upon any otherwise lawful use of the lands by the owners; (2) as authority to defer the submission, review, approval, or implementation of any timber harvest or similar plan with respect to any portion of the lands; or (3) to grant a cause of action against the owner of the lands. Allows the owners of such lands to agree of their own accord to defer some or all lawful enjoyment and use of the land for a certain period of time. Permits mechanical transport anywhere within the boundaries of the Forest with respect to any health or safety emergency. Expresses the sense of the Congress that only American-made equipment and products should be purchased with funds made available under this Act. Requires the Secretary to notify entities of this congressional statement when providing payments under this Act.

Headwaters Forest Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Communities Health Emergency Act'' or the ``ACHE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Communities surrounding mountaintop removal coal mining projects, which involve surface coal mining including blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia, have raised concerns that pollution of the water, air, and soil that results from mountaintop removal coal mining may be causing health crises in their communities. (2) Peer-reviewed scientific research and reports have raised serious concerns about mountaintop removal mining with respect to elevated risks in categories of birth defects studied: circulatory/respiratory, central nervous system, musculoskeletal, and gastrointestinal. (3) Mountaintop removal coal mining has also been associated with elevated levels of adult hospitalizations for chronic pulmonary disorders and hypertension that are elevated as a function of county-level coal production, as are rates of mortality; lung cancer; and chronic heart, lung, and kidney disease. These health problems strike both women and men in mountaintop removal coal mining communities. These elevated levels of disease, defects, and mortality persist even after controlling for other variables. (4) Initial scientific evidence, and the level of public concern, warrant immediate action to stop new mountaintop removal coal mining permits and increase environmental and human health monitoring at existing mountaintop removal coal mining projects while the reported links between health effects and mountaintop removal coal mining are investigated by Federal health agencies. (5) The National Institute of Environmental Health Sciences is uniquely qualified to manage a working group of Federal health agencies with expertise that is relevant to study of the reported links. SEC. 3. HEALTH STUDIES. (a) Studies.--The Director of the National Institute of Environmental Health Sciences, in consultation with the Administrator of the Environmental Protection Agency and the heads of such other Federal departments and agencies as the Director deems appropriate, shall-- (1) conduct or support comprehensive studies on the health impacts, if any, of mountaintop removal coal mining on individuals in the surrounding communities; and (2) submit to the Secretary, and make publicly available, a report on the results of such studies. (b) Determination.--Upon receipt of the report under subsection (a)(2), the Secretary of Health and Human Services shall publish a determination on whether mountaintop removal coal mining presents any health risks to individuals in the surrounding communities. SEC. 4. MOUNTAINTOP REMOVAL COAL MINING PERMIT MORATORIUM. Until and unless the Secretary of Health and Human Services publishes a determination under section 3(b) concluding that mountaintop removal coal mining does not present any health risk to individuals in the surrounding communities, a permit or other authorization may not be issued for any mountaintop removal coal mining project, or for any expansion of such a project, by-- (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). SEC. 5. MOUNTAINTOP REMOVAL COAL MINING CONTINUOUS HEALTH AND ENVIRONMENTAL MONITORING. (a) Requirement.--Until the Secretary of Health and Human Services publishes a determination under section 3(b)-- (1) any person conducting a mountaintop removal coal mining project shall-- (A) conduct continuous monitoring for any pollution of water and air (including noise) and frequent monitoring of soil as a result of such project for the purposes of comprehensively-- (i) characterizing any pollution emitted from the project; and (ii) identifying ways in which members of affected communities might be exposed to these emissions; and (B) submit the results of such monitoring to the Secretary on a monthly basis; and (2) the Secretary shall make such results available to the public through the World Wide Web in a searchable database format not later than 7 days after the date on which the Secretary receives such results. (b) Enforcement.--If a person conducting a mountaintop removal coal mining project fails to conduct monitoring and submit results in connection with such project as required by subsection (a), a permit or other authorization may not be issued for the mountaintop removal coal mining project, or for an expansion of such project, by-- (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). SEC. 6. FEE TO PAY FOR HEALTH STUDIES AND MONITORING. (a) Collection and Assessment.--The President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, shall assess and collect from each person that, as of the date of the enactment of this Act, is conducting a mountaintop removal coal mining project in the United States a one-time fee in an amount sufficient to recover the Federal cost of implementing sections 3 and 5. (b) Use of Fee.--Amounts received by the United States as a fee under this section may be used, to the extent and in the amount provided in advance in appropriations Acts, only to pay the Federal cost of carrying out sections 3 and 5. SEC. 7. DEFINITIONS. In this Act: (1) Mountaintop removal coal mining.--The term ``mountaintop removal coal mining'' means surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia. (2) Steep slope.--The term ``steep slope'' has the meaning that term has under section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1265(d)(4)).

Appalachian Communities Health Emergency Act or ACHE Act Requires the Director of the National Institute of Environmental Health Sciences to conduct or support comprehensive studies on the health impacts of mountaintop removal coal mining on individuals in the surrounding communities. Directs the Secretary of Health and Human Services, upon receipt of a report on study results, to publish a determination of whether such mining presents any health risks to individuals in those communities. Defines "mountaintop removal coal mining" as surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia. Prohibits issuance of an authorization for any mountaintop removal coal mining project (or expansion), under the Federal Water Pollution Control Act (commonly known as the Clean Water Act) or the Surface Mining Control and Reclamation Act of 1977, until and unless the Secretary publishes a determination that such mining does not present any health risk to individuals in the surrounding communities. Imposes requirements for continuous monitoring of air, noise, and water pollution and frequent monitoring of soil until a determination by the Secretary is made. Directs the President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, to assess a one-time fee upon persons that conduct such mining projects, sufficient to cover the federal cost of the health studies and pollution monitoring required by this Act.

ACHE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2001''. SEC. 2. ADDITIONAL PROJECT AUTHORIZATIONS. Section 4(a) of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended by adding at the end the following: ``(5) In the United Irrigation District of Hidalgo County, Texas, a pipeline and pumping system, as identified in the study conducted by Sigler, Winston, Greenwood, and Associates, Inc., dated January 2001. ``(6) In the Cameron County, Texas, Irrigation District No. 2, proposed improvements to Canal C, as identified in the engineering report completed by Martin, Brown, and Perez, dated February 8, 2001. ``(7) In the Cameron County, Texas, Irrigation District No. 2, a proposed Canal C and Canal 13 Inner Connect, as identified in the engineering report completed by Martin, Brown, and Perez, dated February 12, 2001. ``(8) In Delta Lake Irrigation District of Hidalgo and Willacy Counties, Texas, proposed water conservation projects, as identified in the engineering report completed by AW Blair Engineering, dated February 13, 2001. ``(9) In the Hidalgo and Cameron County, Texas, Irrigation District No. 9, a proposed project to salvage spill water using automatic control of canal gates, as identified in the engineering report completed by AW Blair Engineering, dated February 14, 2001. ``(10) In the Brownsville Irrigation District of Cameron County, Texas, a proposed main canal replacement, as identified in the engineering report completed by Holdar-Garcia & Associates, dated February 14, 2001. ``(11) In the Hidalgo County, Texas, Irrigation District No. 16, a proposed off-district pump station project, as identified in the engineering report completed by Melden & Hunt, Inc., dated February 14, 2001. ``(12) In the Hidalgo County, Texas, Irrigation District No. 1, a proposed canal replacement of the North Branch East Main, as identified in the engineering analysis completed by Melden & Hunt, Inc., dated February 2001. ``(13) In the Donna (Texas) Irrigation District, a proposed improvement project, as identified in the engineering analysis completed by Melden & Hunt, Inc., dated February 13, 2001. ``(14) In the Hudspeth County, Texas, Conservation and Reclamation District No. 1-- ``(A) the Alamo Arroyo Pumping Plant water quality project, as identified in the engineering report and drawings completed by Gebliard-Sarma and Associates, dated July 1996; and ``(B) the construction of a 1,000 acre-foot off- channel regulating reservoir for the capture and conservation of irrigation water, as identified in the engineering report completed by AW Blair Engineering, dated March 2001. ``(15) In the El Paso County, Texas, Water Improvement District No. 1, the Riverside Canal Improvement Project Phase I, Reach A, a canal lining and water conservation project, as identified in the engineering report and drawings completed by AW Blair Engineering, dated November 1999. ``(16) In the Maverick County, Texas, Water Improvement and Control District No. 1, the concrete lining project of 12 miles of the Maverick Main Canal, as identified in the engineering report completed by AW Blair Engineering, dated March 2001. ``(17) In the Hidalgo County, Texas, Irrigation District No. 6, rehabilitation of 10.2 miles of concrete lining in the main canal between Lift Stations Nos. 2 and 3, as identified in the engineering report completed by AW Blair Engineering, dated March 2001. ``(18) In the Hidalgo County, Texas, Irrigation District No. 2, Wisconsin Canal Improvements, as identified in the engineering report completed by Sigler, Winston, Greenwood and Associates, Inc., dated February 2001. ``(19) In the Hidalgo County Irrigation District No. 2, Lateral `A' Canal Improvements, as identified in the engineering report completed by Sigler, Winston, Greenwood and Associates, Inc., dated July 25, 2001.''. SEC. 3. ADDITIONAL AMENDMENTS. (a) Lower Rio Grande Water Conservation and Improvement Program.-- Section 3 of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3065) is amended-- (1) in the first sentence of subsection (a), by striking ``The Secretary'' and all that follows through ``in cooperation'' and inserting ``The Secretary, acting through the Commissioner of Reclamation, shall carry out a program under cooperative agreements''; (2) by striking subsection (b) and inserting the following: ``(b) Review and Evaluation.--The Secretary shall review and evaluate project proposals in accordance with the guidelines described in the document published by the Bureau of Reclamation entitled `Guidelines for Preparing and Reviewing Proposals for Water Conservation and Improvement Projects Under Public Law 106-576', dated June 2000.''; (3) in subsection (d), by inserting before the period at the end the following: ``, including operation, maintenance, repair, and replacement''; (4) in subsection (e), by striking ``the criteria established pursuant to this section'' and inserting ``the guidelines referred to in subsection (b)''; (5) by striking subsection (f) and inserting the following: ``(f) Report Preparation; Reimbursement.-- ``(1) In general.--Subject to paragraph (2), project sponsors may choose to enter into 1 or more contracts with the Secretary under which the Secretary shall prepare the reports required under this section. ``(2) Federal share.--The Federal share of the cost of report preparation by the Secretary described in paragraph (1) shall not exceed 50 percent of the total cost of that preparation.''; and (6) in subsection (g), by striking ``$2,000,000'' and inserting ``$8,000,000''. (b) Lower Rio Grande Construction Authorization.--Section 4 of the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 (Public Law 106-576; 114 Stat. 3067) is amended-- (1) in subsection (b)-- (A) in the first sentence, by striking ``costs of any construction'' and inserting ``total project cost of any project''; and (B) in the last sentence, by striking ``spent'' and inserting ``expended''; and (2) in subsection (c), by striking ``$10,000,000'' and inserting ``$47,000,000, as adjusted to reflect the change, relative to September 30, 2001, in the Consumer Price Index for all urban consumers published by the Department of Labor''.

Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2001 - Amends the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to: (1) authorize the construction of additional specified projects in Texas; (2) require the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out the Lower Rio Grande Water Conservation and Improvement Program through cooperative agreements; (3) require the Secretary to review and evaluate project proposals in accordance with the guidelines described in a specified Bureau of Reclamation document; (4) require the Secretary to determine that a non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs, including operation, maintenance, repair, and replacement, and whether the project meets the guidelines; (5) permit project sponsors to enter into at least one contract with the Secretary under which the Secretary shall prepare the reports required under the Act (at a Federal cost share not to exceed 50 percent); (6) increase the authorization of appropriations for carrying out the Program; and (7) limit the non-Federal share of the total cost of any project carried out under or with assistance provided under the Act to 50 percent.

A bill to amend the Lower Rio Grande Valley Water Resources Conservation and Improvement Act of 2000 to authorize additional projects under that Act, and for other purposes.

SECTION 1. AVAILABILITY OF CERTAIN AREAS FOR LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Availability of Certain Areas for Leasing.-- ``(1) Definitions.--In this subsection: ``(A) Atlantic coastal state.--The term `Atlantic Coastal State' means each of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, Delaware, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida. ``(B) Governor.--The term `Governor' means the Governor of the State. ``(C) Qualified revenues.--The term `qualified revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act for natural gas exploration and extraction activities authorized by the Secretary under this subsection. ``(D) State.--The term `State' means the State of Virginia. ``(2) Petition.-- ``(A) In general.--The Governor may submit to the Secretary-- ``(i) a petition requesting that the Secretary issue leases authorizing the conduct of natural gas exploration activities only to ascertain the presence or absence of a natural gas reserve in any area that is at least 50 miles beyond the coastal zone of the State; and ``(ii) if a petition for exploration by the State described in clause (i) has been approved in accordance with paragraph (3) and the geological finding of the exploration justifies extraction, a second petition requesting that the Secretary issue leases authorizing the conduct of natural gas extraction activities in any area that is at least 50 miles beyond the coastal zone of the State. ``(B) Contents.--In any petition under subparagraph (A), the Governor shall include a detailed plan of the proposed exploration and subsequent extraction activities, as applicable. ``(3) Action by secretary.-- ``(A) In general.--Subject to subparagraph (F), as soon as practicable after the date of receipt of a petition under paragraph (2), the Secretary shall approve or deny the petition. ``(B) Requirements for exploration.--The Secretary shall not approve a petition submitted under paragraph (2)(A)(i) unless the State legislature has enacted legislation supporting exploration for natural gas in the coastal zone of the State. ``(C) Requirements for extraction.--The Secretary shall not approve a petition submitted under paragraph (2)(A)(ii) unless the State legislature has enacted legislation supporting extraction for natural gas in the coastal zone of the State. ``(D) Consistency with legislation.--The plan provided in the petition under paragraph (2)(B) shall be consistent with the legislation described in subparagraph (B) or (C), as applicable. ``(E) Comments from atlantic coastal states.--On receipt of a petition under paragraph (2), the Secretary shall-- ``(i) provide Atlantic Coastal States with an opportunity to provide to the Secretary comments on the petition; and ``(ii) take into consideration, but not be bound by, any comments received under clause (i). ``(F) Conflicts with military operations.--The Secretary shall not approve a petition for a drilling activity under this paragraph if the drilling activity would conflict with any military operation, as determined by the Secretary of Defense. ``(4) Disposition of revenues.--Notwithstanding section 9, for each applicable fiscal year, the Secretary of the Treasury shall deposit-- ``(A) 50 percent of qualified revenues in a Clean Energy Fund in the Treasury, which shall be established by the Secretary; and ``(B) 50 percent of qualified revenues in a special account in the Treasury from which the Secretary shall disburse-- ``(i) 75 percent to the State; ``(ii) 12.5 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5); and ``(iii) 12.5 percent to a reserve fund to be used to mitigate for any environmental damage that occurs as a result of extraction activities authorized under this subsection, regardless of whether the damage is-- ``(I) reasonably foreseeable; or ``(II) caused by negligence, natural disasters, or other acts.''.

Amends the Outer Continental Shelf Lands Act to authorize the governor of Virginia to petition the Secretary of the Interior for authorization to conduct natural gas exploration and extraction activities in any area that is at least 50 miles beyond the state's coastal zone. Requires the Secretary of the Treasury to deposit into a Clean Energy Fund of 50% of all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into under this Act for natural gas exploration and extraction activities. Requires deposit of the other 50% into a special account in the Treasury from which the Secretary shall disburse: (1) 75% to the state; (2) 12.5% to provide financial assistance to states in accordance with the Land and Water Conservation Fund Act of 1965; and (3) 12.5% to a reserve fund to be used to mitigate for any environmental damage that occur as a result of extraction activities authorized under this Act.

A bill to authorize the State of Virginia to petition for authorization to conduct natural gas exploration and drilling activities in the coastal zone of the State.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Lending Modernization Act of 2001''. SEC. 2. APPLICABLE CONSUMER CREDIT AND LEASE TRANSACTIONS. (a) Credit Transactions.--Section 104(3) of the Consumer Credit Protection Act (15 U.S.C. 1603(3)) is amended by striking ``$25,000'' and inserting ``$75,000''. (b) Lease Transactions.--Section 181(1) of the Consumer Credit Protection Act (15 U.S.C. 1667(1)) is amended by striking ``$25,000'' and inserting ``$75,000''. SEC. 3. AMENDMENTS RELATING TO RIGHT OF RESCISSION. (a) Timing of Waiver by Consumer.--Section 125(a) of the Truth in Lending Act (15 U.S.C. 1635(a)) is amended-- (1) by striking ``(a) Except as otherwise provided'' and inserting ``(a) Right Established.-- ``(1) In general.--Except as otherwise provided''; and (2) by adding at the end the following new paragraph: ``(2) Timing of election of waiver by consumer.--No election by a consumer to waive the right established under paragraph (1) to rescind a transaction shall be effective if-- ``(A) the waiver was required by the creditor as a condition for the transaction; ``(B) the creditor advised or encouraged the consumer to waive such right of the consumer; or ``(C) the creditor had any discussion with the consumer about a waiver of such right during the period beginning when the consumer provides written acknowledgement of the receipt of the disclosures and the delivery of forms and information required to be provided to the consumer under paragraph (1) and ending at such time as the Board determines, by regulation, to be appropriate.''. (b) Noncompliance With Requirements as Recoupment in Foreclosure Proceeding.--Section 130(e) of the Truth in Lending Act (15 U.S.C. 1640(e)) is amended by inserting after the 2d sentence the following new sentence: ``This subsection also does not bar a person from asserting a rescission under section 125, in an action to collect the debt as a defense to a judicial or nonjudicial foreclosure after the expiration of the time periods for affirmative actions set forth in this section and section 125.''. SEC. 4. CIVIL LIABILITY. (a) In General.--Section 130(a)(2)(A) of the Consumer Credit Protection Act (15 U.S.C. 1640(a)(2)(A)) is amended-- (1) in clause (ii)-- (A) by striking ``$100'' and inserting ``$200''; and (B) by striking ``$1,000'' and inserting ``$5,000''; and (2) in clause (iii), by striking ``$2,000'' and inserting ``$10,000''. (b) Maximum Amount.--Section 130(a)(2)(B) (15 U.S.C. 1640(a)(2)(B)) is amended by striking ``lesser of $500,000 or 1 percentum of the net worth of the creditor'' and inserting ``the greater of-- ``(i) the amount determined by multiplying the maximum amount of liability under subparagraph (A) for such failure to comply in an individual action by the number of members in the certified class; or ``(ii) the amount equal to 2 percent of the net worth of the creditor.''. SEC. 5. USE OF RULE OF 78S PROHIBITED. Section 933(b) of the Housing and Community Development Act of 1992 (15 U.S.C. 1615(b)) is amended-- (1) by striking ``of a term exceeding 61 months''; and (2) by striking ``September 30, 1993'' and inserting ``September 30, 1999''. SEC. 6. ACCESS TO COURT PROVISION. (a) In General.--Section 130(i) of the Truth in Lending Act (15 U.S.C. 1640(i)) is amended to read as follows: ``(i) Availability of Statutory Remedies.-- ``(1) In general.--No provision of any agreement or contract between a consumer and any creditor which requires binding arbitration or any other nonjudicial procedure to resolve any controversy or settle any claim arising out of such contract or any transaction covered by the contract, or the refusal to perform the whole or any part of the transaction, shall be enforceable to the extent that the construction or application of such provision with respect to such controversy, claim, or refusal would deny the consumer the right to bring any action under this section or any other provision of this title for any liability of the creditor to the consumer under this title. ``(2) Rule of construction.--Paragraph (1) shall not be construed as creating any inference that any provision of any contract or agreement described in such paragraph could be construed so as to deny any consumer the right to bring an action under this title absent this subsection.''. SEC. 7. REGULATIONS. Before the end of the 6-month period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System shall issue regulations in final form to implement the amendments made by this Act.

Truth in Lending Modernization Act of 2001 - Amends the Consumer Credit Protection Act to: (1) apply consumer credit information and disclosure requirements to all credit and lease transactions involving real and personal property in which the total amount financed exceeds $75,000 (currently $25,000); and (2) increase the civil penalties for creditor violations of such requirements.Amends the Truth in Lending Act to: (1) deem ineffective any consumer waiver of the right to rescission of a transaction required (as a condition of the transaction), urged, or discussed by a creditor; and (2) deem unenforceable any contract provision which requires binding arbitration or any other nonjudicial procedure to resolve a dispute if it would deny the consumer any right to bring an action for any liability of the creditor.Amends the Housing and Community Development Act of 1992 to eliminate the Rule of 78s accounting method for calculating refunds of unearned interest on credit transactions consummated after September 30, 1999 (currently, September 30, 1993).

To amend the Truth in Lending Act to expand protections for consumers by adjusting statutory exemptions and civil penalties to reflect inflation, to eliminate the Rule of 78s accounting for interest rebates in consumer credit transactions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reconnecting Homeless Youth Act of 2008''. SEC. 2. FINDINGS. Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701) is amended-- (1) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (2) by inserting after paragraph (2) the following: ``(3) services to such young people should be developed and provided using a positive youth development approach that ensures a young person a sense of-- ``(A) safety and structure; ``(B) belonging and membership; ``(C) self-worth and social contribution; ``(D) independence and control over one's life; and ``(E) closeness in interpersonal relationships.''. SEC. 3. BASIC CENTER PROGRAM. (a) Services Provided.--Section 311 of the Runaway and Homeless Youth Act (42 U.S.C. 5711) is amended-- (1) in subsection (a)(2)(B), by striking clause (i) and inserting the following: ``(i) safe and appropriate shelter provided for not to exceed 21 days; and''; and (2) in subsection (b)(2)-- (A) by striking ``(2) The'' and inserting ``(2)(A) Except as provided in subparagraph (B), the''; (B) by striking ``$100,000'' and inserting ``$200,000''; (C) by striking ``$45,000'' and inserting ``$70,000''; and (D) by adding at the end the following: ``(B) For fiscal years 2009 and 2010, the amount allotted under paragraph (1) with respect to a State for a fiscal year shall be not less than the amount allotted under paragraph (1) with respect to such State for fiscal year 2008. ``(C) Whenever the Secretary determines that any part of the amount allotted under paragraph (1) to a State for a fiscal year will not be obligated before the end of the fiscal year, the Secretary shall reallot such part to the remaining States for obligation for the fiscal year.''. (b) Eligibility.--Section 312(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(b)) is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(13) shall develop an adequate emergency preparedness and management plan.''. SEC. 4. TRANSITIONAL LIVING GRANT PROGRAM. (a) Eligibility.--Section 322(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``directly or indirectly'' and inserting ``by grant, agreement, or contract''; and (B) by striking ``services'' the first place it appears and inserting ``provide, by grant, agreement, or contract, services,''; (2) in paragraph (2), by striking ``a continuous period not to exceed 540 days, except that'' and all that follows and inserting the following: ``a continuous period not to exceed 540 days, or in exceptional circumstances 635 days, except that a youth in a program under this part who has not reached 18 years of age on the last day of the 635-day period may, in exceptional circumstances and if otherwise qualified for the program, remain in the program until the youth's 18th birthday;''; (3) in paragraph (14), by striking ``and'' at the end; (4) in paragraph (15), by striking the period and inserting ``; and''; and (5) by adding at the end the following: ``(16) to develop an adequate emergency preparedness and management plan.''. (b) Definitions.--Section 322(c) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-2(c)) is amended by-- (1) striking ``part, the term'' and inserting the following: ``part-- ``(1) the term''; (2) striking the period and inserting ``; and''; and (3) adding at the end thereof the following: ``(2) the term `exceptional circumstances' means circumstances in which a youth would benefit to an unusual extent from additional time in the program.''. SEC. 5. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND SERVICE PROJECTS. Section 343 of the Runaway and Homeless Youth Act (42 U.S.C. 5714- 23) is amended-- (1) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``special consideration'' and inserting ``priority''; (B) in paragraph (8)-- (i) by striking ``to health'' and inserting ``to quality health''; (ii) by striking ``mental health care'' and inserting ``behavioral health care''; and (iii) by striking ``and'' at the end; (C) in paragraph (9), by striking the period at the end and inserting ``, including access to educational and workforce programs to achieve outcomes such as decreasing secondary school dropout rates, increasing rates of attaining a secondary school diploma or its recognized equivalent, or increasing placement and retention in postsecondary education or advanced workforce training programs; and''; and (D) by adding at the end the following: ``(10) providing programs, including innovative programs, that assist youth in obtaining and maintaining safe and stable housing, and which may include programs with supportive services that continue after the youth complete the remainder of the programs.''; and (2) by striking subsection (c) and inserting the following: ``(c) In selecting among applicants for grants under subsection (a), the Secretary shall-- ``(1) give priority to applicants who have experience working with runaway or homeless youth; and ``(2) ensure that the applicants selected-- ``(A) represent diverse geographic regions of the United States; and ``(B) carry out projects that serve diverse populations of runaway or homeless youth.''. SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES. Part D of the Runaway and Homeless Youth Act (42 U.S.C. 5714-21 et seq.) is amended by adding at the end the following: ``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH HOMELESSNESS. ``(a) Periodic Estimate.--Not later than 2 years after the date of enactment of the Reconnecting Homeless Youth Act of 2008, and at 5-year intervals thereafter, the Secretary, in consultation with the United States Interagency Council on Homelessness, shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate, and make available to the public, a report-- ``(1) by using the best quantitative and qualitative social science research methods available, containing an estimate of the incidence and prevalence of runaway and homeless individuals who are not less than 13 years of age but are less than 26 years of age; and ``(2) that includes with such estimate an assessment of the characteristics of such individuals. ``(b) Content.--The report required by subsection (a) shall include-- ``(1) the results of conducting a survey of, and direct interviews with, a representative sample of runaway and homeless individuals who are not less than 13 years of age but are less than 26 years of age, to determine past and current-- ``(A) socioeconomic characteristics of such individuals; and ``(B) barriers to such individuals obtaining-- ``(i) safe, quality, and affordable housing; ``(ii) comprehensive and affordable health insurance and health services; and ``(iii) incomes, public benefits, supportive services, and connections to caring adults; and ``(2) such other information as the Secretary determines, in consultation with States, units of local government, and national nongovernmental organizations concerned with homelessness, may be useful. ``(c) Implementation.--If the Secretary enters into any contract with a non-Federal entity for purposes of carrying out subsection (a), such entity shall be a nongovernmental organization, or an individual, determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research.''. SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM. Section 351(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-41(b)) is amended by inserting ``public and'' after ``priority to''. SEC. 8. PERFORMANCE STANDARDS. Part F of the Runaway and Homeless Youth Act (42 U.S.C. 5714a et seq.) is amended by inserting after section 386 the following: ``SEC. 386A. PERFORMANCE STANDARDS. ``(a) Establishment of Performance Standards.--Not later than 1 year after the date of enactment of the Reconnecting Homeless Youth Act of 2008, the Secretary shall issue rules that specify performance standards for public and nonprofit private entities and agencies that receive grants under sections 311, 321, and 351. ``(b) Consultation.--The Secretary shall consult with representatives of public and nonprofit private entities and agencies that receive grants under this title, including statewide and regional nonprofit organizations (including combinations of such organizations) that receive grants under this title, and national nonprofit organizations concerned with youth homelessness, in developing the performance standards required by subsection (a). ``(c) Implementation of Performance Standards.--The Secretary shall integrate the performance standards into the processes of the Department of Health and Human Services for grantmaking, monitoring, and evaluation for programs under sections 311, 321, and 351.''. SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT. (a) Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study, including making findings and recommendations, relating to the processes for making grants under parts A, B, and E of the Runaway and Homeless Youth Act (42 U.S.C. 5711 et seq., 5714-1 et seq., 5714-41). (2) Subjects.--In particular, the Comptroller General shall study-- (A) the Secretary's written responses to and other communications with applicants who do not receive grants under part A, B, or E of such Act, to determine if the information provided in the responses and communications is conveyed clearly; (B) the content and structure of the grant application documents, and of other associated documents (including grant announcements), to determine if the requirements of the applications and other associated documents are presented and structured in a way that gives an applicant a clear understanding of the information that the applicant must provide in each portion of an application to successfully complete it, and a clear understanding of the terminology used throughout the application and other associated documents; (C) the peer review process for applications for the grants, including the selection of peer reviewers, the oversight of the process by staff of the Department of Health and Human Services, and the extent to which such staff make funding determinations based on the comments and scores of the peer reviewers; (D) the typical timeframe, and the process and responsibilities of such staff, for responding to applicants for the grants, and the efforts made by such staff to communicate with the applicants when funding decisions or funding for the grants is delayed, such as when funding is delayed due to funding of a program through appropriations made under a continuing resolution; and (E) the plans for implementation of, and the implementation of, where practicable, the technical assistance and training programs carried out under section 342 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-22), and the effect of such programs on the application process for the grants. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committee on Education and Labor of the House of Representatives and the Committee on the Judiciary of the Senate a report containing the findings and recommendations resulting from the study. SEC. 10. DEFINITIONS. (a) Homeless Youth.--Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``The'' and all that follows through ``means'' and inserting ``The term `homeless', used with respect to a youth, means''; and (2) in subparagraph (A)-- (A) in clause (i)-- (i) by striking ``not more than'' each place it appears and inserting ``less than''; and (ii) by inserting after ``age'' the last place it appears the following: ``, or is less than a higher maximum age if the State where the center is located has an applicable State or local law (including a regulation) that permits such higher maximum age in compliance with licensure requirements for child-and youth-serving facilities''; and (B) in clause (ii), by striking ``age;'' and inserting the following: ``age and either-- ``(I) less than 22 years of age; or ``(II) not less than 22 years of age, as of the expiration of the maximum period of stay permitted under section 322(a)(2) if such individual commences such stay before reaching 22 years of age;''. (b) Runaway Youth.--Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a) is amended-- (1) by redesignating paragraphs (4), (5), (6), and (7) as paragraphs (5), (6), (7), and (8), respectively; and (2) by inserting after paragraph (3) the following: ``(4) Runaway youth.--The term `runaway', used with respect to a youth, means an individual who is less than 18 years of age and who absents himself or herself from home or a place of legal residence without the permission of a parent or legal guardian.''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. Section 388(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5751(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``is authorized'' and inserting ``are authorized''; (B) by striking ``part E) $105,000,000 for fiscal year 2004'' and inserting ``section 345 and part E) $140,000,000 for fiscal year 2009''; and (C) by striking ``2005, 2006, 2007, and 2008'' and inserting ``2010, 2011, 2012, and 2013''; (2) in paragraph (3)-- (A) by striking ``In'' and inserting the following: ``(A) In general.--In''; (B) by inserting ``(other than section 345)'' before the period; and (C) by adding at the end the following: ``(B) Periodic estimate.--There are authorized to be appropriated to carry out section 345 such sums as may be necessary for fiscal years 2009, 2010, 2011, 2012, and 2013.''; and (3) in paragraph (4)-- (A) by striking ``is authorized'' and inserting ``are authorized''; and (B) by striking ``such sums as may be necessary for fiscal years 2004, 2005, 2006, 2007, and 2008'' and inserting ``$25,000,000 for fiscal year 2009 and such sums as may be necessary for fiscal years 2010, 2011, 2012, and 2013''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Reconnecting Homeless Youth Act of 2008 - (Sec. 3) Amends the Runaway and Homeless Youth Act to revise requirements for services provided under grants from the Secretary of Health and Human Services for centers for runaway and homeless youth and their families. Limits the length of stay in such a center to 21 days. Increases grant minimum allotments from $100,000 to $200,000 for states and from $45,000 to $70,000 for the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Prohibits the allotted amounts for a state for FY2009-FY2010 from being less than the allotted amount for FY2008. Requires the plan proposed by grant applicants for a runaway and homeless youth center to include an adequate emergency preparedness and management plan. (Sec. 4) Revises requirements for transitional living programs. Specifies that shelter and services may be provided by grant, agreement, or contract (currently, directly or indirectly) to homeless youth. Increases the maximum length of continuous stay in such programs from 540 days to 635 days, if a youth would benefit to an usual extent from additional time in the program. Requires a transitional living program also to develop an adequate emergency preparedness and management plan. (Sec. 5) Requires the Secretary to give priority (currently, special consideration) to grant applicants for specified research, evaluation, demonstration, and service projects regarding runaway youth and homeless youth. Requires the Secretary to give special consideration to proposed projects relating to: (1) behavior (currently, mental) health care for runaway and homeless youth; (2) access to educational and workforce programs to achieve outcomes such as decreasing secondary school dropout rates, increasing rates of attaining a secondary school diploma (or equivalent), or increasing placement and retention in postsecondary education or advanced workforce training programs; and (3) programs, including innovative programs, that assist youth in obtaining and maintaining safe and stable housing (which may include programs with supportive services that continue after the youth completes the remainder of the programs). Requires the Secretary to ensure that selected grant applicants: (1) represent diverse U.S. geographic regions; and (2) carry out projects that serve diverse populations of runaway or homeless youth. (Sec. 6) Requires the Secretary to report periodically to specified congressional committees and the public: (1) estimates of the incidence and prevalence of runaway and homeless individuals between 13 to 26 years of age; and (2) an assessment of such individual's characteristics. (Sec. 7) Requires the Secretary to give priority to public and, as under current law, nonprofit private agencies for sexual abuse prevention programs. (Sec. 8) Requires the Secretary to establish performance standards for grant recipients. (Sec. 9) Directs the Comptroller General to study and report to specified congressional committees on the processes for making grants under the Runaway and Homeless Youth Act. (Sec. 10) Redefines "homeless youth" to cover an individual seeking shelter in a runaway and homeless center who is less than a maximum age higher than 18, if the center is located in a state or locality with a child or youth-serving-facility licensure law or regulation that permits a higher maximum age. Allows a homeless youth to participate in a transitional living program up to age 22, as of the expiration of the maximum stay permitted, if the individual commences such stay before attaining age 22. Defines "runaway youth" as an individual under age 18 who absents himself or herself from home or place of legal residence without the permission of parents or legal guardians. (Sec. 13) Authorizes appropriations for FY2009-FY2013.

A bill to amend the Runaway and Homeless Youth Act to authorize appropriations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Zero Tolerance for Veterans Homelessness Act of 2012''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Veterans are at a greater risk of becoming homeless than other people in the United States because of characteristics that include the following: (A) Having employment-related skills that are unique to military service and that can be difficult to transfer to the civilian sector. (B) Combat-related health issues. (C) Earning minimal income or being unemployed. (D) A shortage of safe, affordable housing. (2) The Secretary of Veterans Affairs estimates the following: (A) More than 67,000 veterans are homeless on any given night. (B) About 145,000 veterans experience homelessness each year. (C) Veterans account for nearly \1/5\ of all homeless people in the United States. (3) It is expected that significant increases in services will be needed to serve the aging veterans of the Vietnam War and members of the Armed Forces returning from service in Iraq and Afghanistan. (4) In 2009, the President and the Secretary of Veterans Affairs announced the Federal Government's renewed efforts to address veteran homelessness. SEC. 3. ENHANCEMENT OF COMPREHENSIVE SERVICE PROGRAMS. (a) Enhancement of Grants.--Section 2011 of title 38, United States Code, is amended-- (1) in subsection (b)(1)(A), by striking ``expansion, remodeling, or alteration of existing buildings, or acquisition of facilities,'' and inserting ``new construction of facilities, expansion, remodeling, or alteration of existing facilities, or acquisition of facilities,''; and (2) in subsection (c)-- (A) in the first sentence, by striking ``A grant'' and inserting ``(1) A grant''; (B) in the second sentence of paragraph (1), as designated by subparagraph (A), by striking ``The amount'' and inserting the following: ``(2) The amount''; and (C) by adding at the end the following new paragraph: ``(3)(A) The Secretary may not deny an application from an entity that seeks a grant under this section to carry out a project described in subsection (b)(1)(A) solely on the basis that the entity proposes to use funding from other private or public sources, if the entity demonstrates that a private nonprofit organization will provide oversight and site control for the project. ``(B) In this paragraph, the term `private nonprofit organization' means the following: ``(i) An incorporated private institution, organization, or foundation-- ``(I) that has received, or has temporary clearance to receive, tax-exempt status under paragraph (2), (3), or (19) of section 501(c) of the Internal Revenue Code of 1986; ``(II) for which no part of the net earnings of the institution, organization, or foundation inures to the benefit of any member, founder, or contributor of the institution, organization, or foundation; and ``(III) that the Secretary determines is financially responsible. ``(ii) A for-profit limited partnership or limited liability company, the sole general partner or manager of which is an organization that is described by subclauses (I) through (III) of clause (i). ``(iii) A corporation wholly owned and controlled by an organization that is described by subclauses (I) through (III) of clause (i).''. (b) Grant and Per Diem Payments.-- (1) Study and development of fiscal controls and payment method.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall-- (A) complete a study of all matters relating to the method used by the Secretary to make per diem payments under section 2012(a) of title 38, United States Code, including changes anticipated by the Secretary in the cost of furnishing services to homeless veterans and accounting for costs of providing such services in various geographic areas; (B) develop more effective and efficient procedures for fiscal control and fund accounting by recipients of grants under sections 2011, 2012, and 2061 of such title; and (C) develop a more effective and efficient method for adequately reimbursing recipients of grants under section 2011 of such title for services furnished to homeless veterans. (2) Consideration.--In developing the method required by paragraph (1)(C), the Secretary may consider payments and grants received by recipients of grants described in such paragraph from other departments and agencies of Federal and local governments and from private entities. (3) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on-- (A) the findings of the Secretary with respect to the study required by subparagraph (A) of paragraph (1); (B) the methods developed under subparagraphs (B) and (C) of such paragraph; and (C) any recommendations of the Secretary for revising the method described in subparagraph (A) of such paragraph and any legislative action the Secretary considers necessary to implement such method. SEC. 4. SPECIAL ASSISTANT FOR VETERANS AFFAIRS IN OFFICE OF SECRETARY OF HOUSING AND URBAN DEVELOPMENT. Section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533) is amended by adding at the end the following new subsection: ``(h) Special Assistant for Veterans Affairs.-- ``(1) Establishment.--There shall be in the Department a Special Assistant for Veterans Affairs, who shall be in the Office of the Secretary. ``(2) Appointment.--The Special Assistant for Veterans Affairs shall be appointed by the Secretary, based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Responsibilities.--The Special Assistant for Veterans Affairs shall be responsible for-- ``(A) ensuring that veterans have access to housing and homeless assistance under each program of the Department providing such assistance; ``(B) coordinating all programs and activities of the Department relating to veterans; ``(C) serving as a liaison for the Department with the Department of Veterans Affairs; and ``(D) carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law.''. SEC. 5. PLAN TO END VETERAN HOMELESSNESS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a comprehensive plan to end homelessness among veterans. (b) Elements.--The plan required by subsection (a) shall include the following: (1) An analysis of programs of the Department of Veterans Affairs and other departments and agencies of the Federal Government that are designed to prevent homelessness among veterans and assist veterans who are homeless. (2) An evaluation of whether and how coordination between the programs described in paragraph (1) would contribute to ending homelessness among veterans. (3) Recommendations for improving the programs described in paragraph (1), enhancing coordination between such programs, or eliminating programs that are no longer effective. (4) Recommendations for new programs to prevent and end homelessness among veterans, including an estimation of the cost of such programs. (5) A timeline for implementing the plan, including milestones to track the implementation of the plan. (6) Benchmarks to measure the effectiveness of the plan and the efforts of the Secretary to implement the plan. (7) Such other matters as the Secretary considers necessary. (c) Consideration of Veterans Located in Rural Areas.--The analysis, evaluation, and recommendations included in the report required by subsection (a) shall include consideration of the circumstances and requirements that are unique to veterans located in rural areas.

Zero Tolerance for Veterans Homelessness Act of 2012 - Allows grants made by the Secretary of Veterans Affairs (VA) for homeless veterans' comprehensive services programs (outreach, rehabilitation, vocational counseling, and transitional housing assistance) to be used for the construction of new facilities. Prohibits the Secretary from denying applications for such grants solely on the basis that the grant entity proposes to use funding from other private or public sources, as long as such entity demonstrates that a private nonprofit organization will provide project oversight and site control. Requires the Secretary to: (1) study matters relating to the method used to make per diem payments to grant recipients, (2) develop more effective and efficient procedures for fiscal control and fund accounting by grant recipients, and (3) develop a more effective and efficient method for adequately reimbursing grant recipients for services furnished to homeless veterans. Amends the Department of Housing and Urban Development Act to establish in the Department of Housing and Development (HUD) a Special Assistant for Veterans Affairs. Directs the Secretary to submit to Congress a comprehensive plan to end homelessness among veterans. Requires the plan to include consideration of the circumstances and requirements unique to veterans located in rural areas.

A bill to amend title 38, United States Code, and the United States Housing Act of 1937 to enhance and expand the assistance provided by the Department of Veterans Affairs and the Department of Housing and Urban Development to homeless veterans and veterans at risk of homelessness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Protection From Violent Crime Act of 1995''. SEC. 2. FINDINGS. The Congress finds the following: (1) One of the primary duties of government is to protect its citizens from armed violent criminals. America's cherished liberty and the social and economic prosperity of its communities are dependent upon government's ability to maintain public safety. (2) The fulfillment of government's responsibility is not achieved by gun control laws. Criminals, by definition, operate outside the law and routinely acquire firearms when they so desire. (3) The only true effect of gun control laws is to disarm citizens who have no intention of harming others except in the course of self-defense. These laws also have the effect of criminalizing the mere possession of certain types of guns even when such possession is for entirely lawful purposes. (4) The Second Amendment to the Constitution of the United States guarantees citizens the right to possess firearms. This right is grounded in the need for self-defense. (5) People in the United States frequently use firearms to defend themselves because police cannot always protect, and are not legally liable for failing to protect, individual citizens. SEC. 3. MANDATORY PRISON TERMS FOR POSSESSING, BRANDISHING, OR DISCHARGING A FIREARM OR DESTRUCTIVE DEVICE DURING A STATE CRIME THAT IS A SERIOUS VIOLENT FELONY OR SERIOUS DRUG OFFENSE. Section 924(c) of title 18, United States Code, is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (5) and (6), respectively; (2) by striking paragraph (1) and inserting the following: ``(1) A person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or serious drug trafficking crime which provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States-- ``(A) possesses a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 5 years; ``(B) brandishes a firearm, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 10 years; or ``(C) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the crime of violence or drug trafficking crime, be sentenced to imprisonment for 20 years; except that if the firearm is a short-barreled rifle or short-barreled shotgun, such additional sentence shall be imprisonment for 5 years more than the term of imprisonment that would otherwise be imposed under this paragraph, and if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, such additional sentence shall be imprisonment for 30 years. ``(2)(A) A person who, during and in relation to a serious violent felony or serious drug offense (including a serious violent felony or serious drug offense that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of any State-- ``(i) possesses a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 5 years; ``(ii) brandishes a firearm, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 10 years; or ``(iii) discharges a firearm with the intent to injure another person, shall, in addition to the sentence imposed for the serious violent felony or serious drug offense, be sentenced to imprisonment for not less than 20 years; except that if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, such additional sentence shall be imprisonment for not less than 30 years. ``(B) Subparagraph (A) shall not apply to the conduct of a person in defense of person or property during the course of a crime committed by another person (including the arrest or attempted arrest of such other person during or immediately after the commission of the crime), unless the person engaged in or participated in criminal conduct that gave rise to the criminal conduct of such other person. ``(C) It is the intent of the Congress that-- ``(i) this paragraph shall be used to supplement but not supplant the efforts of State and local prosecutors in prosecuting serious violent felonies and serious drug offenses that could be prosecuted under State law; and ``(ii) the Attorney General shall give due deference to the interest that a State or local prosecutor has in prosecuting a person under State law. ``(3) In the case of the second or subsequent conviction of a person under this subsection-- ``(A) if the person possessed a firearm during and in relation to such second or subsequent crime of violence, drug trafficking crime, serious violent felony, or serious drug offense, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 20 years; ``(B) if the person brandished a firearm during and in relation to such second or subsequent crime of violence, drug trafficking crime, serious violent felony, or serious drug offense, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 25 years; or ``(C) if the person discharged a firearm with the intent to injure another person during and in relation to such second or subsequent crime of violence, drug trafficking crime, serious violent felony, or serious drug offense, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to imprisonment for not less than 30 years; except that if the firearm is a machinegun or destructive device or is equipped with a firearm silencer or firearm muffler, the person shall, in addition to the sentence imposed for such second or subsequent offense, be sentenced to life imprisonment. ``(4)(A) Notwithstanding any other provision of law, the court shall not impose a probationary sentence on any person convicted of a violation of this subsection, nor shall a term of imprisonment imposed under this subsection run concurrently with any other term of imprisonment including that imposed for the crime of violence, drug trafficking crime, serious violent felony, or serious drug offense in which the firearm was used. ``(B) No person sentenced under this subsection shall be released for any reason whatsoever during a term of imprisonment imposed under this subsection.''; and (3) by adding at the end the following: ``(7) For purposes of this subsection, the term `serious violent felony' shall have the meaning given such term by section 3559(c)(2)(F)(i). ``(8) For purposes of this subsection, the term `serious drug offense' means an offense under State law that, had the offense been prosecuted in a court of the United States, would have been punishable under section 401(b)(1)(B) or section 408 of the Controlled Substances Act (21 U.S.C. 841(b)(1)(B), 848), or section 1010(b)(2) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)(2)).''. SEC. 4. MANDATORY PENALTIES FOR VIOLENT FELONS. Section 924(a)(2) of title 18, United States Code, is amended by adding at the end the following: ``The court shall sentence a person convicted of an offense under section 922(g)(1) of this title to not less than 5 years in prison if the person has a prior conviction for a serious violent felony (as defined in section 3559(c)(2)(F)), and to not less than 10 years in prison if the person has 2 such prior convictions.''. SEC. 5. SERIOUS JUVENILE DRUG OFFENSES AS ARMED CAREER CRIMINAL ACT PREDICATES. Section 924(e)(2)(A) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of clause (i); (2) in clause (ii), by striking the semicolon and inserting ``or which, if it had been prosecuted as a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) at the time of the offense, and because of the type and quantity of the controlled substance involved, would have been punishable by a maximum term of imprisonment of 10 years or more; or''; and (3) by adding at the end the following: ``(iii) any act of juvenile delinquency that if committed by an adult would be a serious drug offense described in this paragraph;''. SEC. 6. PRETRIAL DETENTION FOR POSSESSION OF FIREARMS OR EXPLOSIVES BY CONVICTED VIOLENT FELONS. Section 3156(a)(4) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting a semicolon; and (3) by adding after subparagraph (C) the following: ``(D) an offense that is a violation of section 842(i) of this title (relating to possession of explosives by convicted felons); or ``(E) an offense that is a violation of section 922(g)(1) of this title (relating to possession of firearms by convicted felons), if the offender has previously been convicted of such a violation or of any other offense described in this paragraph.''. SEC. 7. ARMED VIOLENT CRIMINAL APPREHENSION DIRECTIVE. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Attorney General of the United States shall establish an armed violent criminal apprehension program consistent with the following requirements: (1) Each United States attorney shall designate at least 1 assistant United States attorney to prosecute armed violent criminals. (2) Each United States attorney shall establish an armed violent criminal apprehension task force comprised of appropriate law enforcement representatives. The task force shall develop strategies for removing armed violent criminals from the streets, taking into consideration-- (A) the importance of severe punishment in deterring armed violent crime; (B) the effectiveness of Federal and State laws pertaining to apprehension and prosecution of armed violent criminals; (C) the resources available to each law enforcement agency participating in the task force; (D) the nature and extent of the violent crime occurring in the district for which the United States attorney is appointed; and (E) the principle of limited Federal involvement in the prosecution of crimes traditionally prosecuted in State and local jurisdictions. (3) Not less frequently than monthly, the Attorney General shall require each United States attorney to report to the Department of Justice the number of defendants charged with, or convicted of, violating section 922(g) or 924 of title 18, United States Code, in the district for which the United States attorney is appointed. (4) Not less frequently than twice annually, the Attorney General shall submit to the Congress a compilation of the information received by the Department of Justice pursuant to paragraph (3) and a report on all waivers granted under subsection (b). (b) Waiver Authority.-- (1) Request for waiver.--A United States attorney may request the Attorney General to waive the requirements of subsection (a) with respect to the United States attorney. (2) Provision of waiver.--The Attorney General may waive the requirements of subsection (a) pursuant to a request made under paragraph (1), in accordance with guidelines which shall be established by the Attorney General. In establishing the guidelines, the Attorney General shall take into consideration the number of assistant United States attorneys in the office of the United States attorney making the request and the level of violent crime committed in the district for which the United States attorney is appointed. (c) Armed Violent Criminal Defined.--As used in this section, the term ``armed violent criminal'' means a person who is accused of violating section 922(g)(1) of title 18, United States Code, having been previously convicted of a violent crime, or who is accused of violating section 924 of such title. (d) Sunset.--This section shall have no force or effect after the 5-year period that begins 180 days after the date of the enactment of this Act. SEC. 8. RIGHT TO USE FIREARMS IN DEFENSE OF SELF OR OTHER PERSONS WITHIN A HOME; ENFORCEMENT. (a) Reaffirmation of Right.--A person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. (b) Firearm Defined.--As used in subsection (a), the term ``firearm'' means-- (1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code); (2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or (3) a handgun (as defined in section 10 of Public Law 99- 408). (c) Enforcement.-- (1) In general.--A person whose right under subsection (a) is violated in any manner by any other person or by any government may bring an action in any United States district court against such other person or government for damages, injunctive relief, and such other relief as the court deems appropriate. (2) Authority to award a reasonable attorney's fee.--In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs. (3) Statute of limitations.--An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered. SEC. 9. REPEAL OF THE BAN ON SEMIAUTOMATIC FIREARMS AND THE BAN ON LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) In General.--Section 922 of title 18, United States Code, is amended by striking subsections (v) and (w) and by striking the appendix. (b) Conforming Amendments and Repeals.-- (1) Section 921(a) of such title is amended by striking paragraphs (30) and (31). (2) Section 924(a)(1)(B) of such title is amended by striking ``(r), (v), or (w)'' and inserting ``or (r)''. (3) Section 923(i) of such title is amended by striking the last 2 sentences. (4) Section 110104 of the Violent Crime Control and Law Enforcement Act of 1994 (18 U.S.C. 921 note) is hereby repealed. (5) Section 110501 of such Act (28 U.S.C. 994 note) is hereby repealed. (c) Effective Dates.-- (1) Retroactive effect generally.--Except as provided in paragraph (2), the amendments made by this section shall take effect as if such amendments had been included in subtitle A of title XI of the Violent Crime Control and Law Enforcement Act of 1994 on the date of the enactment of such Act. Any liability, penalty, or forfeiture incurred by reason of any amendment made by section 110102 or 110103 of such Act is hereby extinguished, and any action or prosecution for the enforcement of any such liability, penalty, or forfeiture shall not be sustained. (2) Exception.--The amendment made by subsection (b)(5) shall take effect on the date of the enactment of this Act.

Citizens' Protection From Violent Crime Act of 1995 - Amends the Federal criminal code to set mandatory prison terms for possessing, brandishing, or discharging a firearm or destructive device during a Federal or State crime that is a serious violent felony or serious drug offense, with exceptions involving defense of person or property during the course of a crime committed by another person. Sets forth penalties for second or subsequent convictions. Bars the court from imposing probation or a concurrent term of imprisonment for offenses under this Act. Prohibits releasing any such individual for any reason during a term of imprisonment imposed under this Act. Requires the court to sentence a person convicted of transporting, receiving, or possessing a firearm or ammunition in interstate commerce to not less than five years in prison if the person has a prior conviction for a serious violent felony and not less than ten years in prison if the person has two such prior convictions. Makes certain serious juvenile drug offenses predicate offenses under the Armed Career Criminal Act. Includes within the definition of "crime of violence" specified offenses relating to the possession of explosives and firearms by convicted felons. Directs the Attorney General to establish an armed violent criminal apprehension program. Declares that a person not prohibited by Federal law from receiving a firearm shall have the right to use firearms within a home in defense of self or other persons against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury. Authorizes a person whose right is violated to bring an action in U.S. district court against a person or government. Sets forth provisions regarding attorney's fees and the statute of limitations. Repeals the ban on semiautomatic firearms and on large capacity ammunition feeding devices under the Violent Crime Control and Law Enforcement Act of 1994.

Citizens' Protection From Violent Crime Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Action Plan for Public Lands and Education Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Western States, as a group, are falling behind in education funding as measured by growth of real per pupil expenditures from 1979 to 1998. (2) Eleven of the 12 States with the lowest real growth in per pupil expenditures are Western States. (3) The growth rate of real per pupil expenditures in the 13 Western States is less than half such rate in the 37 other States (28 percent versus 57 percent). (4) On effect of less funding for public education in the West is higher pupil-per-teacher ratios. (5) Ten of the twelve States with the largest pupil-per- teacher ratios are Western States. (6) On average, the 13 Western States have 3 more students per classroom than the 37 other States. (7) Over the next 10 years, the rate of enrollment growth is projected to be much higher in Western States than in other States. (8) On average, the rate of enrollment growth of Western States is projected to increase dramatically, while the rate of enrollment growth of other States is projected to actually decrease. (9) The State and local taxes of Western States as a percentage of personal income are as high as or higher than other States. (10) Despite the fact that Western States tax at a comparable rate and allocate as much of their budgets to public education as other States, Western States have lower real growth in per pupil expenditures and have higher pupil-per- teacher ratios. (11) The Federal Government is the source and potential solver of the problem because of the enormous amount of land the Federal Government owns in Western States. (12) All States east of an imaginery vertical line from Montana to New Mexico have, on average, 4.1 percent of their land federally owned, while the Western States on average have 51.9 percent of their land federally owned. (13) The Acts enabling the people of territories of the American West to form their constitutions and State governments and providing for the admission of such States into the Union on equal footing with the original States, included a common provision of which the following example is typical ``That five per centum of the proceeds of the sales of public land lying within said States, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State, to be used as a permanent fund, the interest of which only shall be expended for the support of the common schools within said State.''. (14) The plain language of these enabling acts proclaims that the public land ``shall be sold by the United States'' subsequent to the admission of the States into the Union. (15) The United States honored the foregoing language by selling public land within the Western States until the passage of the Federal Land Policy and Management Act of 1976, wherein Congress declared that the policy of the United States was to retain public land in Federal ownership and management. (16) The United States has broken its solemn compact with the Western States and breached its fiduciary duty to the school children who are designated beneficiaries of the sale of public land under the terms of the respective enabling Acts of the Western States. (17) The current shortfall in funding public education in the Western States requires immediate Congressional action to remedy the above-described discriminatory Federal land policy and prevent the further disadvantaging of the school children of the Western States. (18) The most efficient and cost effective remedy now available to the United States is to grant to the Western States 5 percent of the remaining federal land located within each State, authorizing each State to select such land from the unappropriated public land of the United States within the boundaries of said State as will satisfy the grant. SEC. 3. QUANTITY GRANTS TO WESTERN STATES FOR EDUCATION IMPROVEMENT. (a) Quantity Land Grants.--Instead of receiving, for the support of the common schools, 5 percent of the proceeds of the sales of federally owned land lying within the Western States which have not been sold by the United States as of July 1, 2005, grants of land are hereby made to the Western States. The amount of land granted to each State shall be equal to 5 percent of the number of acres of federally owned land within the State as of July 1, 2005. (b) Selection Process.-- (1) In general.--Each Western State shall select from the unappropriated public lands within the borders of the State in such manner as the legislature of the State may provide, land equal in acreage to five percent of the federally owned land in the State as of July 1, 2005. (2) Calculation of acreage and notification of state.--The Secretary shall calculate the exact acreage of federally owned land in each Western State as of July 1, 2005, and designate the unappropriated public land, as defined herein, eligible for selection by the State. The Secretary shall communicate to each of the Western States the respective acreage calculation and designation of land eligible for selection not later than 1 year after the date of the enactment of this Act. (c) Application of Certain Law.--Selection and transfer of land under this Act shall not be considered a major Federal action for the purposes of section 102(2)(C) of the National Environmental Policy Act of 1969. (d) Mineral and Oil and Gas Rights.-- (1) In general.--All mineral, oil, and gas rights to the land selected by the Western States under this Act shall become the property of the relevant Western State unless the Federal lessee of the selected land is making royalty payments to the United States from production of minerals, oil, or gas, whereupon the particular leasehold interest shall remain in the ownership of the United States until the leasehold interest terminates. After that termination, the mineral, oil, and gas rights shall become the property of the relevant Western State. (2) Selection of surface rights.--Western States may select only the surface of eligible land if the land is located on subsurface mineral, oil, or gas deposits that are generating royalty payments to the United States. The entire mineral, oil, and gas estate shall become the property of the Western State upon termination of the Federal lease. (e) Permanent School Fund.--All land selected by each of the Western States shall be held in trust by a State educational agency empowered to sell or lease such land, the proceeds of which shall be used as a permanent fund, the interest of which shall be expended only for the support of public education. (f) Definitions.--In this Act: (1) The term ``Western States'' means Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming. (2) The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (3) The term ``State educational agency'' means the agency of the State primarily responsible for the supervision of education. (4) The term ``federally owned land'' means all land held in the name of the United States or any agency thereof, including land held in trust, United States military reservations, Indian reservations, and any other land used for Federal purposes. (5) The term ``unappropriated public lands'' means any and all land under the management and control of the Bureau of Land Management or United States Forest Service, excluding land that is-- (A) held in trust; (B) located within a United States military reservation; (C) a unit of the National Park System; (D) a Wildlife Refuge; (E) a Wilderness Area designated by Congress; or (F) a National Historic Site.

Action Plan for Public Lands and Education Act of 2005 - Makes grants of land to 13 western states (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New Mexico, Nevada, Oregon, Utah, Washington, and Wyoming) in lieu of receiving, for the support of the common schools, five percent of the proceeds of the sales of federal land within such states which have not been sold by the United States as of July 1, 2005. Makes the amount of land granted to each state five percent of the number of acres of federally owned land within that state as of July 1, 2005. Requires land selected to be held in trust, sold or leased, and the proceeds used for a permanent fund, the interest of which shall be expended only for the support of public education.

A bill to authorize Western States to make selections of public land within their borders in lieu of receiving five per centum of the proceeds of the sale of public land lying within said States as provided by their respective Enabling Acts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strength in Diversity Act of 2018''. SEC. 2. STRONGER TOGETHER PROGRAM. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended-- (1) by redesignating part F as part G; and (2) by inserting after part E the following: ``PART F--STRONGER TOGETHER PROGRAM ``SEC. 4551. FINDINGS AND STATEMENT OF PURPOSE. ``(a) Findings.--Congress finds the following: ``(1) Students from low-income families are 6 times more likely to attend high-poverty schools than their more affluent peers. ``(2) Racial diversity in schools results in long-term social and academic benefits, including reduced neighborhood, college, and workplace segregation, higher levels of social cohesion, a reduced likelihood of racial prejudice, and the development of skills to navigate and find comfort in racially diverse settings. ``(3) Students from low-income families who attend more affluent elementary schools are more likely to perform better academically than similar students who attend high-poverty schools. ``(4) Students who attend the most affluent schools are nearly 70 percent more likely to attend college than students who attend the highest-poverty schools, regardless of their socioeconomic background. ``(5) Students who attend racially and socioeconomically isolated schools have less access to experienced and qualified teachers, advanced coursework, high-quality instructional materials, and adequate facilities. ``(6) According to the Government Accountability Office, as of the 2013-14 school year, 16 percent of our Nation's public elementary schools and secondary schools served student populations comprised of 75 percent or more Black and Hispanic students and 75 percent or more students eligible for free or reduced-price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), an increase of more than 9 percent compared to the percentage of such elementary and secondary schools in the 2000-2001 school year. More than 7,700,000 Black students and 12,300,000 Hispanic students attend racially and socioeconomically isolated public elementary schools and secondary schools. ``(b) Purpose.--The purpose of this part is to support the development, implementation, and evaluation of comprehensive strategies to address the effects of concentrated poverty or racial isolation by increasing diversity, including socioeconomic diversity or racial diversity, in publicly funded early childhood education programs and public elementary schools and secondary schools. ``SEC. 4552. RESERVATION FOR NATIONAL ACTIVITIES. ``The Secretary may reserve not more than 5 percent of the amounts made available under section 4558 for a fiscal year to carry out activities of national significance relating to this part, which may include-- ``(1) research, development, data collection, monitoring, technical assistance, evaluation, or dissemination activities; or ``(2) the development and maintenance of a community of practice for recipients of grants under this part and other experts in the field of school diversity. ``SEC. 4553. PROGRAM AUTHORIZED; LENGTH OF GRANTS. ``(a) Program Authorization.-- ``(1) In general.--From the amounts made available under section 4558 and not reserved under section 4552 for a fiscal year, the Secretary shall award grants, on a competitive basis in accordance with section 4554(b), to eligible entities described in subsection (b) to enable the eligible entities to develop or implement ambitious plans to improve diversity and reduce or eliminate socioeconomic or racial isolation in publicly funded early childhood education programs and public elementary schools and secondary schools. ``(2) Types of grants.--The Secretary may, in any fiscal year, award-- ``(A) planning grants; ``(B) implementation grants; or ``(C) planning grants and implementation grants. ``(b) Eligible Entity.--An entity that is eligible for a grant under subsection (a) is a local educational agency, a consortium of such agencies, an educational service agency, or another regional educational authority, that has significant achievement gaps and socioeconomic or racial segregation within or across the school districts served by the entity. ``(c) Duration of Grants.-- ``(1) Planning grant.--A planning grant awarded under this part shall be for a period of not more than 1 year. ``(2) Implementation grant.--An implementation grant awarded under this part shall be for a period of not more than 3 years, except that the Secretary may extend an implementation grant for an additional 2-year period if the eligible entity receiving the grant demonstrates to the Secretary that the eligible entity is making significant progress on the program performance measures identified in section 4556. ``SEC. 4554. APPLICATIONS; AWARD BASIS. ``(a) Applications.--An eligible entity described in section 4553(b) that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may prescribe, including-- ``(1) a description of the project for which the eligible entity is seeking a grant, including-- ``(A) how the eligible entity proposes to use funds under this part to improve the academic and life outcomes of students in high-poverty or racially isolated publicly funded early childhood education programs or public elementary schools and secondary schools by supporting interventions that increase diversity in such programs and schools; ``(B) in the case of an implementation grant, the implementation grant plan described in section 4555(b)(1); and ``(C) any available evidence, or if such evidence is not available, a rationale based on current research, regarding how the proposed project will increase diversity; ``(2)(A) in the case of an eligible entity proposing to use any portion of funds under this part to benefit high-poverty publicly funded early childhood education programs or public schools, a description of how the eligible entity will identify and define income level and socioeconomic status; and ``(B) in the case of an eligible entity proposing to use any funds under this part to benefit publicly funded early childhood education programs, or public schools, that are racially isolated, a description of how the eligible entity will identify and define racial isolation; ``(3) a description of the plan of the eligible entity for continuing the proposed project after funding under this part ends; ``(4) a description of how the eligible entity will assess, monitor, and evaluate the impact of the activities funded under this part on student achievement and student enrollment diversity; ``(5) an assurance that the eligible entity has conducted, or will conduct, robust parent and community engagement, and where appropriate, tribal consultation, while planning for and implementing a program under this part, such as through-- ``(A) public hearings or other open forums to inform the development of any formal strategy to increase diversity; and ``(B) outreach, in a language that parents can understand, and consultation with families in the targeted district or region that is designed to ensure participation in the planning and development of any formal strategy to increase diversity; ``(6) an estimate of the number of students that the eligible entity plans to serve under the proposed project and the number of students to be served through additional expansion of the project after the grant ends; ``(7) an assurance that the eligible entity will-- ``(A) cooperate with the evaluation process, including any evaluation that might require data and information from multiple recipients of grants under this part; and ``(B) participate in communities of practice with other recipients of grants under this part; ``(8) an assurance that, to the extent practicable, the eligible entity has developed the plan in consultation with other relevant entities, including local housing or transportation authorities; ``(9) an assurance that, to the extent possible, the eligible entity has considered the potential implications of the grant activities on the demographics and student enrollment of nearby publicly funded early childhood education programs, public elementary schools or secondary schools, or local educational agencies not included in the activities of the grant; and ``(10) in the case of an eligible entity applying for an implementation grant, a description of how the eligible entity will implement, replicate, or take to scale a strategy based on a strong or moderate level of evidence, as determined under subclause (I) or (II) of section 8101(21)(A)(i), or will test a promising strategy to increase diversity in publicly funded early childhood education programs or public elementary schools and secondary schools. ``(b) Award Basis.-- ``(1) Criteria for evaluating applications.--The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted by eligible entities described in section 4553(b) and each eligible entity's likelihood of achieving success in improving student outcomes or outcomes on other performance measures under section 4556. ``(2) Priority.--In awarding grants under this part, the Secretary may give priority to an eligible entity that proposes, in application submitted under subsection (a), to use funds under this part to support a program that extends beyond one local educational agency, such as an inter-district or regional program. ``SEC. 4555. USES OF FUNDS. ``(a) Planning Grants.--Each eligible entity that receives a planning grant under this part shall use the grant funds to carry out the following required activities: ``(1) Completing a comprehensive assessment of the educational outcomes and socioeconomic and racial stratification of children attending publicly funded early childhood education programs, and public elementary school and secondary school students, within the area and an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure in the area. ``(2) Developing and implementing a robust family and community engagement plan, including, where feasible, public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity. ``(3) Developing options, including timelines and cost estimates, for improving diversity, such as weighted lotteries, revised feeder patterns, school boundary redesign, or regional coordination. ``(4) Developing an implementation plan based on community preferences among those options. ``(5) Building the capacity to collect and analyze data that provide information for transparency, continuous improvement, and evaluation. ``(6) Participating in a community of practice with other grantees, including those receiving implementation grants. ``(b) Implementation Grants.-- ``(1) Implementation grant plan.--Each eligible entity that receives an implementation grant under this part shall implement a high-quality plan that includes-- ``(A) a comprehensive set of strategies designed to improve academic outcomes for all students, particularly low-income students and minority students, by increasing diversity in publicly funded early childhood education programs and public elementary schools and secondary schools; ``(B) evidence of strong family and community support for these strategies, including evidence that the eligible entity has engaged in meaningful family and community outreach activities; ``(C) ambitious but achievable goals to increase diversity over the course of the grant period; ``(D) collection and analysis of data to provide transparency and support continuous improvement throughout the grant period; and ``(E) a rigorous evaluation of the effectiveness of the proposed project. ``(2) Implementation grants activities.--Each eligible entity that receives an implementation grant under this part may use the grant funds to carry out one or more of the following activities: ``(A) Recruiting, hiring, or training additional teachers, administrators, and other instructional and support staff in new, expanded, or restructured publicly funded early childhood education programs or public elementary schools or secondary schools, or other professional development activities for staff and administrators. ``(B) Investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns. ``(C) Pursue or initiate a transportation plan for bringing students to and from publicly funded early childhood education programs and public elementary schools and secondary schools, if such transportation is sustainable beyond the grant period and does not represent a significant portion of the grant funds received by an eligible entity under this part. ``(c) Rule Regarding Use.--Nothing in this section shall be construed to authorize an eligible entity to carry out activities authorized under this section in a manner that violates Federal law. ``SEC. 4556. PERFORMANCE MEASURES. ``The Secretary shall establish performance measures for the programs and activities carried out through a grant under this part. These measures, at a minimum, shall track the progress of each eligible entity in-- ``(1) improving academic and other developmental or noncognitive outcomes for each subgroup described in section 1111(b)(2)(B)(xi) that is served by the eligible entity on measures, including, as applicable, by-- ``(A) increasing school readiness; ``(B) increasing student achievement and decreasing achievement gaps; ``(C) increasing high school graduation rates; ``(D) increasing readiness for postsecondary education and careers; and ``(E) any other indicator the Secretary or eligible entity may identify; and ``(2) increasing diversity and decreasing socioeconomic or racial isolation in publicly funded early childhood education programs, and public elementary schools and secondary schools, served under this part. ``SEC. 4557. ANNUAL REPORTS. ``An eligible entity that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes-- ``(1) information on the progress of the eligible entity on the performance measures established under section 4556; and ``(2) the data supporting that progress. ``SEC. 4558. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $120,000,000 for fiscal year 2019 and such sums as may be necessary for each of the 5 succeeding fiscal years.''. (b) Table of Contents.--The table of contents of the Elementary and Secondary Education Act of 1965 (as added by section 6 of the Every Student Succeeds Act (Public Law 114-95)) is amended by inserting after the item relating to section 4506 the following: ``Part F--Stronger Together Program ``Sec. 4551. Findings and statement of purpose. ``Sec. 4552. Reservation for national activities. ``Sec. 4553. Program authorized; length of grants. ``Sec. 4554. Applications; award basis. ``Sec. 4555. Uses of funds. ``Sec. 4556. Performance measures. ``Sec. 4557. Annual reports. ``Sec. 4558. Authorization of appropriations.''.

Strength in Diversity Act of 2018 This bill amends the Elementary and Secondary Education Act of 1965 to establish the Stronger Together Program, through which the Department of Education (ED) shall award competitive grants for the development or implementation of plans to improve diversity or eliminate socioeconomic or racial isolation in public schools and publicly funded early education programs. The grants are available to local educational agencies, a consortium of such agencies, educational service agencies, or other regional educational authorities that have significant achievement gaps and socioeconomic or racial segregation within or across the school districts served by the entity. ED may give priority to an eligible entity that proposes to use funds to support a program that extends beyond one local educational agency. Each recipient of an implementation grant shall implement a high-quality plan that includes: a comprehensive set of strategies designed to improve academic outcomes by increasing diversity, evidence of strong family and community support for these strategies, ambitious but achievable goals to increase diversity over the grant period, collection and analysis of data to provide transparency and support continuous improvement throughout the grant period, and a rigorous evaluation of the proposed project's effectiveness. ED shall establish performance measures to track the progress of each grant recipient.

Strength in Diversity Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane, Tornado, and Related Hazards Research Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Natural disasters cause enormous loss of life. Almost all States and territories are at risk from the effects of 1 or more types of natural disaster. Coastal States and many island States and territories are vulnerable to the hazards of windstorms. All Midwest, Southern, and Mid-Atlantic States are vulnerable to the hazards of tornadoes and thunderstorms and increased building activity is occurring in high-risk areas such as the seashore and ``tornado alley''. (2) Hurricanes, which combine high winds and flooding, and related natural disasters cause enormous loss of life, injury, destruction of property, and economic and social disruption, as evidenced by the 56 deaths and $6,000,000,000 in property damage in 1999 from Hurricane Floyd. From 1990 to 1999 hurricanes caused an average of 14 deaths and $4,970,000,000 in property losses annually while tornadoes and other windstorms caused over 58 deaths and $871,000,000 in property losses annually. (3) Improved windstorm and related hazard reduction measures have the potential over the next 10 years to reduce these losses that will only increase if steps are not taken to help communities reduce their vulnerability. These measures include-- (A) cost-effective and affordable design and construction methods and practices; (B) effective mitigation programs at the local, State, and national level; (C) informed land use decisions; (D) impact prediction methodologies and early warning systems; (E) application of research results; and (F) public education and outreach programs. (4) Engineering research needs to address both improving new structures and retrofitting existing ones. (5) There is an appropriate role for the Federal Government in the collection, preparation, coordination, and dissemination of windstorm and related hazards reduction information in order to protect public health and safety and in increasing public awareness of the dangers of these hazards and of affordable steps homeowners can take to preserve life and property. Improved outreach and implementation mechanisms are needed to translate existing information and research findings into usable, state-of-the-art specifications, criteria, and cost- effective practices for design and construction professionals, State and local officials, manufacturers, and the public. (6) An effective Federal program in windstorm and related hazard reduction will require interagency coordination, input from individuals and institutions outside the Federal Government who are expert in the sciences of natural hazards reduction and in the practical application of mitigation measures, and improved mechanisms for the transfer of new knowledge to State and local officials, to homeowners, and to the design and construction industry. Tax credits are an effective incentive for helping homeowners apply mitigation measures. (7) Windstorms and related hazards are a worldwide problem, and international cooperation is desirable for mutual learning and mitigation. SEC. 3. DEFINITIONS. In this Act: (1) The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) The term ``related hazards'' means any naturally destructive environmental phenomena related to windstorms such as flooding, wildfires, and hail, and any major hazard of human origin potentially resulting in similar destruction, including terrorist acts. (3) The term ``State'' means each of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (4) The term ``windstorm'' means any storm with a damaging or destructive wind component, such as a hurricane, tropical storm, tornado, or thunderstorm. SEC. 4. NATIONAL WINDSTORM AND RELATED HAZARD IMPACT REDUCTION PROGRAM. (a) Interagency Group.--Not later than 90 days after the date of the enactment of this Act, the Director shall establish an Interagency Group consisting of representatives of appropriate Federal agencies, including the National Science Foundation, the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, the Department of Energy, and other agencies with jurisdiction over housing, construction, and natural disaster mitigation and relief, to be responsible for the development and implementation of a coordinated Federal windstorm and related hazards reduction research, development, and technology transfer program based on identified public needs. In establishing the Interagency Group, the Director is encouraged, where appropriate, to designate lead agencies and to preserve existing programs and functions of Federal agencies and organizations, and shall ensure regular agency coordination and information sharing. (b) Objective.--The objective of the windstorm and related hazard impact reduction program is the achievement, within 10 years after the date of the enactment of this Act, of major measurable reductions in losses that would otherwise have occurred to life and property from windstorms and related hazards. The objective is to be achieved through the creation of a program involving cooperation among governments at all levels and the private sector featuring-- (1) pertinent basic research and applied research based on identified public needs, which takes into account locality- specific weather, susceptibility to natural hazards, design and construction practices, and performance of the built environment during windstorms and related hazards; (2) better understanding of costs and benefits associated with natural hazard impact reduction; (3) systematic collection of physical and performance data for buildings and other structures for use in developing and deploying mitigation measures; (4) an ongoing program of information dissemination on cost-effective and affordable hazard reduction research results and hazard-resistant building construction techniques to industry, State and local governments, homeowners, and the general public; (5) improved technology for loss estimation, risk assessment, hazard identification, prediction, warnings, advanced planning, and disaster response; (6) increased public awareness of the dangers of windstorms and related hazards, and the value of taking preventative action to preserve affected property and life; and (7) priority attention to critical lifelines, including infrastructure and utilities, that are especially needed in time of disaster. (c) Research and Development Elements.--The research and development elements of the program may include-- (1) peer-reviewed research and development on and demonstration of disaster-resistant systems, based on identified public needs, and materials for new construction and retrofit of existing construction, including composite materials; building envelope components, including windows, doors, and roofs; structural design; and design and construction techniques, through physical testing and postdisaster assessments, and through computer simulation when appropriate, taking into consideration life safety and cost- effectiveness, affordability, and regional differences including susceptibility to windstorm and related hazards; (2) development of quantitative assessment techniques to evaluate the direct, indirect, and societal costs and benefits associated with natural hazards, including exploration of mitigation measures that could reduce windstorm vulnerability, and to effectively exploit existing and developing mitigation techniques; (3) development of mechanisms for collecting and inventorying information on building systems and materials performance in windstorms and related hazards, information on identified public mitigation priorities, and other pertinent information from sources such as the construction industry, insurance companies, and building officials; (4) development of cost-effective and affordable planning, design, construction, rehabilitation, and retrofit methods and procedures, including utilization of mitigation measures, for critical lifelines and facilities such as hospitals, schools, public utilities, and other structures that are especially needed in time of disaster; (5) research and development on wind characterization and micro-climates and on techniques, methodologies, and new technologies for the mapping in finer detail of windstorms and related hazard risks, to be coordinated with the mapping of other natural and manmade hazards; (6) development of improved loss estimation and risk assessment systems for predicting and evaluating damaging windstorm impacts and for identifying, evaluating, and reliably characterizing windstorm hazards; and (7) development of improved approaches for providing emergency services, reconstruction, and redevelopment after a windstorm or related hazard event. (d) Technology Transfer.--The technology transfer elements of the program shall include-- (1) the collection, classification, presentation, and dissemination in a usable form to Federal, State, and local officials, community leaders, the design and construction industry, contractors, home owners, and the general public, of research results, cost-effective construction techniques, loss estimation and risk assessment methodologies, and other pertinent information regarding windstorm phenomena, the identification of locations and features which are especially susceptible to natural hazard damage, ways to reduce the adverse consequences of natural hazards, and related matters; (2) in coordination with the private sector, academia, and the States, curriculum development and related measures to facilitate the training of employees of the design and construction industry, the insurance industry, and State and local governments, and other interested persons; and (3) development of an outreach effort to increase public and community awareness, including information related to windstorm and related hazard mitigation. (e) Implementation Plan.--The Interagency Group established under subsection (a) shall refine, in conjunction with appropriate representatives of State and local units of government and private sector organizations, the objective stated in subsection (b), develop measurements related to the objective, including emphasis on safety, cost-effectiveness, and affordability, and develop a 10-year implementation plan for achieving the objective with a strategic review of goals and objectives every 3 years, working in coordination with the private sector and State and local government for implementation in all appropriate instances. Not later than 210 days after the date of the enactment of this Act, the Interagency Group shall submit to the Congress the implementation plan. The plan shall include-- (1) a statement of strategic research and development goals and priorities; (2) plans for the development of improved forecasting techniques for windstorms, early warning systems, and systems for comprehensive response; (3) plans for the development of a systematic method for collecting an inventory of buildings, building components, and damage to buildings from natural hazards; (4) a strategy to implement the transfer of technology and information to State, county, local, and regional governmental units and the private sector for appropriate implementation of research and development results; (5) provisions for outreach and dissemination, on a timely basis, of-- (A) information and technology in a form that is of use to the design professions, the construction industry, and other interested parties; and (B) other information and knowledge of interest to the public to reduce vulnerability to wind and related hazards; (6) a description of how Federal disaster relief and emergency assistance programs will incorporate research and development results; (7) establishment, consistent with this Act, of goals, priorities, and target dates for implementation of the program; (8) assignment of responsibilities with respect to each element of the program that does not already have a Federal lead agency; (9) a description of plans for cooperation and coordination in all phases of the program with interested governmental entities in all States, particularly those containing areas of high or moderate wind and related hazard risk; and (10) staffing plans for the program and its components. (f) Participation.--The implementation plan shall complement existing Federal research programs and shall avoid duplication of existing programs including earthquake programs whenever possible and assign responsibilities to Federal agencies with existing expertise. (g) Budget Coordination.--The Director shall each year, after consulting with the Interagency Group established under section 4(a), provide guidance to the other program agencies concerning the preparation of requests for appropriations for activities related to this Act, and shall prepare, in conjunction with the other program agencies, an annual program budget to be submitted to the Office of Management and Budget. Each program agency shall include with its annual request for appropriations submitted to the Office of Management and Budget a report that-- (1) identifies each element of the proposed program activities of the agency; (2) specifies how each of these activities contributes to the program; and (3) states the portion of its request for appropriations allocated to each element of the program. (h) Manufactured Housing Standards.--Nothing in this Act supersedes any provision of the National Manufactured Housing Construction and Safety Standards Act of 1974. No design, construction method, practice, technology, material, mitigation methodology, or hazard reduction measure of any kind developed under this Act shall be required for a home certified under section 616 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5415), pursuant to standards issued under such Act, without being subject to the consensus development process and rulemaking procedures of that Act. SEC. 5. NATIONAL ADVISORY COMMITTEE FOR WINDSTORM AND RELATED HAZARDS IMPACT REDUCTION. (a) Establishment.--A National Advisory Committee shall be established to review progress made under the program established under section 4, advise on any improvements that should be made to that program, and report to the Congress on actions that have been taken to advance the Nation's capability to reduce the impacts of windstorm and related hazards. (b) Membership.--The Advisory Committee shall be composed of no more than 21 members to be appointed by the President (one of whom shall be designated by the President as chair). The members shall include representatives of a broad cross-section of interests such as the research, technology transfer, architectural, engineering, and financial communities; materials and systems suppliers; State, county, and local governments concerned with the reduction of windstorm and related hazards; the residential, multifamily, and commercial sectors of the construction industry; and the insurance industry, and other representatives (not including members of Federal agencies) from areas impacted by windstorms and related hazards. (c) Coordination.--The Advisory Committee shall coordinate with existing advisory committees of the Federal Government and of the National Academies of Science and Engineering. (d) Annual Report.--The Advisory Committee shall provide a summary report to Congress each year. (e) Exemption.--Section 14 of the Federal Advisory Committee Act shall not apply to the Advisory Committee established under this section. SEC. 6. ANNUAL REPORT. The Interagency Group established under section 4(a) shall, within 180 days after the end of each fiscal year, submit a report to the Congress describing the status of the windstorm and related hazards reduction program, describing progress achieved during the preceding fiscal year, by government at all levels and by the private sector, toward achieving the objective stated in section 4(b) and implementing the plan developed under section 4(e), and including any amendments to the implementation plan. Each such report shall include any recommendations for legislative and other action the Interagency Group considers necessary and appropriate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out activities under this Act $25,000,000 for fiscal year 2004, $50,000,000 for fiscal year 2005, and $100,000,000 for fiscal year 2006.

Hurricane, Tornado, and Related Hazards Research Act - Requires the Director of the Office of Science and Technology Policy to establish an Interagency Group to be responsible for the development and implementation of a coordinated Federal windstorm and related hazards reduction research, development, and technology transfer program (the Windstorm and Related Hazard Impact Reduction Program) based on identified public needs to achieve major measurable reductions in losses within ten years.Requires that such program feature: (1) pertinent basic and applied research that takes into account locality-specific weather, susceptibility to natural hazards, design and construction practices, and performance of the built environment during windstorms and related hazards; (2) systematic collection of data for buildings and other structures for use in developing and deploying mitigation measures; (3) an ongoing program of information dissemination on cost-effective and affordable hazard reduction research results and hazard-resistant building construction techniques to industry, State and local governments, and the general public; and (4) improved technology for loss estimation, risk assessment, hazard identification, prediction, warnings, advanced planning, and disaster response.Requires the Interagency Group to develop and submit to Congress a ten-year implementation plan.Requires the Director to prepare, with other program agencies, an annual program budget.Establishes a National Advisory Committee to review progress made under the Program, advise on any improvements, and report to Congress on actions that have been taken to advance the Nation's capability to reduce windstorm and related hazard impacts.

To reduce the impacts of hurricanes, tornadoes, and related hazards through a program of research and development and technology transfer, and for other purposes.

SEC. 201. JOINT RESOLUTION ON THE BUDGET. (a) Definitions.--Paragraph (4) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows: ``(4) The term `joint resolution on the budget' means-- ``(A) a joint resolution setting forth the simplified budget for the United States Government for a biennium as provided in section 301; and ``(B) any other joint resolution revising the budget for the United States Government for a biennium as described in section 304.''. (b) Conforming Technical Amendments Changing ``Concurrent'' to ``Joint'' Resolution.--(1) Sections 300, 301, 302, 303, 304, 305, 308, 310, 311, 601, 602, 603, 604, 605, and 606 are amended by striking ``concurrent resolution'' each place it appears and by inserting in its place ``joint resolution''. (3) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ``Concurrent'' in the items relating to sections 301, 303, and 304 and inserting ``Joint''. (3) Clauses 4(a)(2), 4(b)(2), 4(g), and 4(h) of rule X, clause 8 of rule XXIII, and rule XLIX of the Rules of the House of Representatives are amended by striking ``concurrent'' and by inserting in its place ``joint''. (4) Section 258C(1)(B) of the Deficit Control Act of 1985 is amended by striking ``concurrent'' and inserting ``joint''. TITLE III--ENHANCED RESCISSIONS SEC. 301. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than 3 days after the date of enactment of an appropriation Act, the President may transmit to Congress a special message proposing to rescind amounts of budget authority provided in that Act and include with that special message a draft bill or joint resolution that, if enacted, would only rescind that budget authority. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill or joint resolution for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Limitation on Amounts Subject to Rescission.-- ``(1) The amount of budget authority which the President may propose to rescind in a special message under this section for a particular program, project, or activity for a fiscal year may not exceed 25 percent of the amount appropriated for that program, project, or activity in that Act. ``(2) The limitation contained in paragraph (1) shall only apply to a program, project, or activity that is authorized by law. ``(d) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second day of continuous session of the applicable House after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Congress in which the appropriation Act involved originated shall introduce (by request) the draft bill or joint resolution accompanying that special message. If the bill or joint resolution is not introduced as provided in the preceding sentence, then, on the third day of continuous session of that House after the date of receipt of that special message, any Member of that House may introduce the bill or joint resolution. ``(B) The bill or joint resolution shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill or joint resolution within that period, that committee shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill or joint resolution shall be taken in that House on or before the close of the 10th calendar day of continuous session of that House after the date of the introduction of the bill or joint resolution in that House. If the bill or joint resolution is agreed to, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the bill or joint resolution to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the bill or joint resolution is agreed to. ``(2)(A) A bill or joint resolution transmitted to the House of Representatives or the Senate pursuant to paragraph (1)(C) shall be referred to the Committee on Appropriations of that House. The committee shall report the bill or joint resolution without substantive revision and with or without recommendation. The bill or joint resolution shall be reported not later than the seventh day of continuous session of that House after it receives the bill or joint resolution. A committee failing to report the bill or joint resolution within such period shall be automatically discharged from consideration of the bill or joint resolution, and the bill or joint resolution shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill or joint resolution transmitted to that House shall be taken on or before the close of the 10th calendar day of continuous session of that House after the date on which the bill or joint resolution is transmitted. If the bill or joint resolution is agreed to in that House, the Clerk of the House of Representatives (in the case of a bill or joint resolution agreed to in the House of Representatives) or the Secretary of the Senate (in the case of a bill or joint resolution agreed to in the Senate) shall cause the engrossed bill or joint resolution to be returned to the House in which the bill or joint resolution originated. ``(3)(A) A motion in the House of Representatives to proceed to the consideration of a bill or joint resolution under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill or joint resolution under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill or joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill or joint resolution under this section or to move to reconsider the vote by which the bill or joint resolution is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill or joint resolution under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill or joint resolution under this section shall be governed by the Rules of the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill or joint resolution under this section shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill or joint resolution under this section, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill or joint resolution under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or joint resolution, except that in the event the manager of the bill or joint resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill or joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill or joint resolution under this section is not debatable. A motion to recommit a bill or joint resolution under this section is not in order. ``(e) Amendments Prohibited.--No amendment to a bill or joint resolution considered under this section shall be in order in either the House of Representatives or the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(f) Requirement To Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House defeats the bill or joint resolution transmitted with that special message. ``(g) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''; and (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. TITLE IV--SUPERMAJORITY POINTS OF ORDER SEC. 401. SUPERMAJORITY POINTS OF ORDER. Section 904(c) of the Congressional Budget Act of 1974 is amended by adding at the end the following new sentence: ``Any point of order set forth in title III, IV, or VI may be waived or suspended in the House of Representatives only by the affirmative vote of three-fifths of the Members voting, a quorum being present.''. HR 565 IH----2 HR 565 IH----3

TABLE OF CONTENTS: Title I: Biennial Budget Cycle Title II: Binding Budget Resolution Title III: Enhanced Rescissions Title IV: Supermajority Points of Order Title I: Biennial Budget Cycle - Amends the Congressional Budget Act of 1974, the Congressional Budget and Impoundment Control Act of 1974, the Rules of the House of Representatives and other Federal law to revise the Federal budget process by establishing a two-year timetable. Title II: Binding Budget Resolution - Replaces the concurrent resolution on the budget with a joint resolution on the budget. Title III: Enhanced Rescissions - Modifies the rescission process and provides for expedited consideration in the House and Senate of certain proposed rescissions. Title IV: Supermajority Points of Order - Allows any point of order which concerns the congressional budget process, fiscal procedures, and budget agreement enforcement provisions to be waived or suspended in the House of Representatives by a three-fifths vote in the House.

To amend the Congressional Budget Act of 1974 to reform the Federal budget process, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Onondaga Lake Restoration Act''. SEC. 2. ONONDAGA LAKE, NEW YORK. (a) Restoration, Conservation, and Management Activities.--Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following new section: ``SEC. 123. ONONDAGA LAKE, NEW YORK. ``(a) Restoration, Conservation, and Management Activities.-- ``(1) Establishment of onondaga lake watershed council.-- The Administrator shall establish a council, to be known as the `Onondaga Lake Watershed Council', to develop a plan, consistent with subsection (g), for the restoration, conservation, and management of Onondaga Lake. The plan shall be known as the `Adaptive Management Plan'. ``(2) Implementation of adaptive management plan.--The Administrator shall cooperate with Federal and State agencies and make grants, and otherwise make funds available under subsection (f), to carry out the recommendations of the Adaptive Management Plan. Such recommendations shall be carried out-- ``(A) in consultation with the Onondaga Lake Watershed Council; and ``(B) with the participation of the public, including the Onondaga Nation, Federal, State, and local governmental entities, and all other entities that may be affected by activities under this section. ``(b) Onondaga Lake Watershed Council.-- ``(1) Duties.-- ``(A) Development of adaptive management plan.--The Onondaga Lake Watershed Council shall develop and (as necessary to achieve the goals identified under subsection (c)(1)) periodically revise the Adaptive Management Plan in consultation with the Onondaga Lake Scientific Center. ``(B) Establishment of program for public participation.--The Onondaga Lake Watershed Council shall establish and carry out a comprehensive, inclusive, and ongoing program for participation of the public, including the Onondaga Nation, Federal, State, and local governmental entities, and all other entities that may be affected by activities under this section, in the development and revision of the Adaptive Management Plan under subparagraph (A). ``(2) Membership.-- ``(A) In general.--The Onondaga Lake Watershed Council shall consist of the following members: ``(i) The Administrator. ``(ii) The Secretary of the Army. ``(iii) The head of any other interested Federal department or agency, as determined by the Administrator. ``(iv) The Governor of the State of New York. ``(v) A representative designated by the Onondaga Nation Council of Chiefs. ``(vi) A representative designated by the mayor of the City of Syracuse, New York. ``(vii) A representative designated by the County Executive of Onondaga County, New York. ``(B) Ex officio membership.--The Onondaga Lake Watershed Council shall consist of the following ex officio, non-voting members: ``(i) The Senators from the State of New York. ``(ii) Each Member of the House of Representatives whose congressional district is located all or partially within the Onondaga Lake watershed. ``(iii) Each member of the New York State Legislature whose district is located all or partially within the Onondaga Lake watershed. ``(iv) Such other members as the Administrator determines appropriate. ``(C) Designees.--Any member of the Onondaga Lake Watershed Council specified in clauses (i) through (iv) of subparagraph (A) or in subparagraph (B) may appoint a designee to serve in place of the member on the Council. ``(3) Committees.-- ``(A) Establishment.--The Onondaga Lake Watershed Council shall adopt bylaws providing for the establishment of standing committees including the following: ``(i) A Public Outreach and Participation Committee. ``(ii) A Science and Engineering Committee. ``(B) Appointment.--The Onondaga Lake Watershed Council shall appoint members to each committee described in subparagraph (A). ``(c) Adaptive Management Plan.-- ``(1) Identification of goals.--The Adaptive Management Plan shall identify measurable goals for-- ``(A) the restoration, conservation, and management of Onondaga Lake; and ``(B) compliance with all provisions of law (except a provision of law described in subsection (g)(1)(A)) affecting the restoration and conservation of Onondaga Lake, including the water quality standards established for Onondaga Lake (including total maximum daily loads established under section 303(d)(C)) and the Amended Consent Judgment and all effluent limitations therein (or otherwise promulgated under this Act). ``(2) Recommendation of strategies.--To achieve the goals identified under paragraph (1), the Adaptive Management Plan shall incorporate and update the recommendations of the Onondaga Lake Management Plan to recommend strategies for management of-- ``(A) the biological makeup of Onondaga Lake; ``(B) the physical development of Onondaga Lake and its surroundings; and ``(C) the use of Onondaga Lake for recreational and other purposes. ``(3) Coordination with other activities.--The strategies recommended under paragraph (2) shall provide for coordination with all other activities to restore or conserve, or otherwise affecting the restoration or conservation of, Onondaga Lake, including ongoing public participation activities, monitoring activities, and other activities carried out under Federal or State law. ``(4) Ongoing evaluation of strategies.--To evaluate the effectiveness of the strategies recommended under paragraph (2) in achieving the goals identified under paragraph (1), the Adaptive Management Plan shall-- ``(A) identify specific monitoring parameters by which to make such evaluation, and provide for the periodic revision of the monitoring parameters to achieve such goals; ``(B) establish a monitoring program to measure the monitoring parameters identified under subparagraph (A); and ``(C) provide for the periodic evaluation of the data collected pursuant to the monitoring program required by subparagraph (B). ``(5) Approval.--The recommendations of the Adaptive Management Plan shall not be carried out under subsection (a)(2) before the date on which the plan is approved by the Administrator and the Governor of the State of New York. The Administrator, after providing an opportunity for public review and comment, shall approve the plan not later than 120 days after the date of its development under subsection (b)(1)(A) if the Adaptive Management Plan meets the requirements of this section and the Governor of the State of New York concurs in such approval. ``(6) Effect on onondaga lake management plan.--This section shall not be construed to interfere with any activity carried out under the Onondaga Lake Management Plan, or any other activity affecting the restoration, conservation, or management of Onondaga Lake, before the date of approval of the Adaptive Management Plan under paragraph (5). ``(d) Onondaga Lake Scientific Center.-- ``(1) Establishment.--The Onondaga Lake Watershed Council shall establish and direct a center to be known as the `Onondaga Lake Scientific Center'. ``(2) Duties.--The Onondaga Lake Scientific Center shall advise the Onondaga Lake Watershed Council on-- ``(A) development of benchmarks to accomplish the goals identified under subsection (c)(1); ``(B) implementation of the strategies recommended under subsection (c)(2); ``(C) implementation of the monitoring program under subsection (c)(4)(B); ``(D) establishment of the program for public participation described in subsection (b)(1)(B); and ``(E) other matters concerning the development and implementation of the Adaptive Management Plan. ``(3) Membership.--The Onondaga Lake Scientific Center shall consist of the following members: ``(A) The Administrator. ``(B) Non-Federal entities appointed by the Onondaga Lake Watershed Council, including-- ``(i) Syracuse University; ``(ii) the State University of New York College of Environmental Science and Forestry; ``(iii) the Upstate Freshwater Institute; ``(iv) the Onondaga Environmental Institute; and ``(v) such other members as the Onondaga Lake Watershed Council may deem appropriate. ``(4) Reporting.--The Onondaga Lake Scientific Center shall submit to the Onondaga Lake Watershed Council an annual report-- ``(A) assessing the effectiveness of the strategies recommended under subsection (c)(2) in accomplishing the goals identified under subsection (c)(1); ``(B) recommending changes to management and monitoring activities to accomplish the goals identified under subsection (c)(1); and ``(C) recommending means for implementation of such changes. ``(e) Onondaga Environmental Institute.--The Onondaga Environmental Institute, as a condition of receiving grants under subsection (f)(2), shall provide administrative services for the development and implementation of the Adaptive Management Plan. ``(f) Funding.-- ``(1) In general.--The Administrator may make funds available to members of the Onondaga Lake Watershed Council and Onondaga Lake Scientific Center to carry out this section. ``(2) Grants.--The Administrator, in consultation with the Onondaga Lake Watershed Council, may make grants on a noncompetitive basis to the Governor of the State of New York, the mayor of the City of Syracuse, New York, the County Executive of Onondaga County, New York, and members of the Onondaga Lake Scientific Center described in subsection (d)(3)(B)-- ``(A) to implement the strategies recommended under section (c)(2); ``(B) for research, surveys, administrative services, and studies; and ``(C) to gather data necessary to carry out the objectives of this section. ``(3) No relief from liability.--Grants made under this subsection shall not relieve from liability any person that would otherwise be liable under Federal or State law for damages, response costs, natural resource damages, restitution, equitable relief, or any other relief. ``(4) Matching requirement.--Federal funds expended for activities to carry out this section, including funds made available under paragraph (1), grants made under paragraph (2), and funds used for administrative expenses for such activities under subsection (i)(2) shall not exceed 65 percent of the costs of such activities. The non-Federal share of such costs shall be provided from non-Federal sources, and may be provided through the provision of in-kind services. ``(g) Relationship to Other Laws.-- ``(1) No effect on federal or state law or responsibilities assigned thereunder.--This section shall not be construed to alter, modify, or otherwise affect any other provision of Federal or State law or any responsibility assigned thereunder, including-- ``(A) a provision of law (including a provision of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or the New York State Environmental Conservation Law) that requires, and assigns responsibility for, the performance of cleanup activities (including response and removal activities) or other activities affecting the restoration or conservation of Onondaga Lake; and ``(B) the responsibility assigned under a provision of law described in subparagraph (A). ``(2) No effect on existing liabilities.--This section shall not be construed to create or enlarge any liability that any party may have for natural resource damages under any provision of law. ``(h) Definitions.--In this section: ``(1) Amended consent judgment.--The term `Amended Consent Judgment' means the Amended Consent Judgment entered January 20, 1998, in the case of `Atlantic States Legal Foundation v. The Onondaga County Department of Drainage and Sanitation', Civil Action No. 88-CV-0066, in the United States District Court for the Northern District of New York, as amended. ``(2) Onondaga environmental institute.--The term `Onondaga Environmental Institute' means the not-for-profit corporation established pursuant to section 401(d)(1) of the Great Lakes Critical Programs Act of 1990 (Public Law 101-596; 104 Stat. 3010) and section 411(d)(1) of the Water Resources Development Act of 1990 (Public Law 101-640; 104 Stat. 4648). ``(3) Onondaga lake.--The term `Onondaga Lake' means Onondaga Lake, New York, and its watershed. ``(4) Onondaga lake management plan.--The term `Onondaga Lake Management Plan' means the plan-- ``(A) developed pursuant to section 401(a)(1) of the Great Lakes Critical Programs Act of 1990 (Public Law 101-596; 104 Stat. 3010) and 411(a)(1) of the Water Resources Development Act of 1990 (Public Law 101-640; 104 Stat. 4648); ``(B) modified by the Amended Consent Judgment; and ``(C) revised under section 573(c)(1) of the Water Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 372), as in effect before the date of the enactment of this Act. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Administrator to carry out this section $10,000,000 each fiscal year. Amounts so appropriated shall remain available until expended. ``(2) Administrative expenses.--The Administrator may use amounts appropriated under paragraph (1) for administrative expenses associated with carrying out this section.''. (b) Water Resources Development Act of 1999.--Section 573 of the Water Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 372) is repealed. Such section 573, as in effect on the day before the date of the enactment of this Act, shall continue to apply to amounts appropriated before such date and made available to carry out such section.

Onondaga Lake Restoration Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Administrator of the Environmental Protection Agency (EPA) to establish the Onondaga Lake Watershed Council to: (1) develop and periodically revise an Adaptive Management Plan for the restoration, conservation, and management of Onondaga Lake; (2) establish and implement a program for the public's participation in the Plan's development and revision; and (3) establish the Onondaga Lake Scientific Center to advise the Council on development and implementation of the Plan. Requires the Plan to: (1) identify measurable goals for the restoration, conservation, and management of Onondaga Lake and for compliance with all laws affecting the restoration and conservation of the Lake and the Amended Consent Judgment entered January 20, 1998, in the case of Atlantic States Legal Foundation v. The Onondaga County Department of Drainage and Sanitation; and (2) incorporate and update the recommendations of the Onondaga Lake Management Plan to recommend strategies for management of the biological makeup of the Lake, the physical development of the Lake and its surroundings, and the use of the Lake for recreational and other purposes. Prohibits the Plan's recommendations from being carried out before it is approved by the Administrator and the governor of New York. States that this Act shall not affect any other provision of federal or state law or responsibility assigned thereunder, including provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the New York State Environmental Conservation Law that require, and assign responsibility for, the performance of cleanup activities or other activities affecting the restoration or conservation of Onondaga Lake. Authorizes the Administrator to make funds available to members of the Council and the Center to carry out this Act. Authorizes the Administrator to make grants to specified governmental officials in New York and members of the Center: (1) to implement Plan strategies; (2) for research, surveys, administrative services, and studies; and (3) to gather data. Amends the Water Resources Development Act of 1999 to revoke provisions that require the Secretary of the Army to plan and construct projects that are consistent with the Onondaga Lake Management Plan and to provide financial assistance for the development and implementation of projects to restore, conserve, and manage the lake.

To amend the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to carry out activities for the restoration, conservation, and management of Onondaga Lake, New York, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Duty First Act''. SEC. 2. FINDINGS. The congress finds the following: (1) The 1st Infantry Division was constituted on May 24, 1917, and is the first and oldest permanently established combat division of the United States Army. 2017 is the centennial of the Division. (2) The 1st Infantry Division has been in continuous service since its organization. (3) The 1st Infantry Division has fought with distinction in every major conflict since 1917 except the Korean War, when it was on occupation duty in Germany. (4) In World War I, the then-First Division was the first United States division to arrive in France. It fired the first American shots of the war, suffered the first casualties and secured the first American victory at the Battle of Cantigny in May, 1918. This was also the first modern, combined arms battle in American history. It fought with distinction in all subsequent campaigns and, after occupation duty in Germany, was the last combat division to return home in 1919. (5) Five division soldiers received the Medal of Honor in World War I. (6) In World War II, the 1 ID was the first to deploy to Europe. It fought in North Africa and Sicily in 1942 and 1943. General George S. Patton, Jr., commander of the United States 7th Army in the Mediterranean, stated that he would not invade Sicily without the 1 ID as the assault division. (7) The 1 ID was the lead assault division on Omaha beach in Normandy on D-Day, June 6, 1944. Against frightful odds and despite multiple challenges, it secured a beach head on a day when failure could have altered the outcome of the war. (8) The 1 ID played pivotal roles in the liberation of France and Belgium; the Battle of the Bulge; the crossing of the Rhine River; and the invasion and defeat of Nazi Germany. After the war, the Division supported and secured the International War Crimes Tribunal at Nuremburg, Germany, guarding infamous Nazi officials during the courtroom proceedings. (9) Seventeen division soldiers received the Medal of Honor in World War II. (10) The 1 ID was the only United States combat division in Europe from 1946 to 1951. It returned to the United States and Fort Riley, KS, in 1955. (11) The 1 ID was one of the first 2 combat divisions deployed to Vietnam in 1965. There it defended the vital Highway 13 corridor against enemy infiltration from Cambodia to the capital at Saigon. It fought gallantly in Operation Junction City, the largest operation of the war, in 1967; and in all 3 waves of the Tet Offensive in 1968. (12) Twelve division soldiers received the Medal of Honor in Vietnam. (13) The 1 ID deterred Soviet aggression against NATO Europe from 1970 to 1990 with a brigade in Germany and the rest of the division deploying there annually from Fort Riley in REFORGER exercises that demonstrated United States capability and resolve until the Cold War ended. (14) The 1 ID deployed to Saudi Arabia in 1991 in Operations Desert Shield and Desert Storm. It attacked to breach the Iraqi defenses, raced across the desert with the United States VIIth Corps, destroying the Iraqi Republican Guard Tawakalna Division. (15) The 1 ID enforced international peace agreements in Bosnia for 31 months between 1996 and 2000; for 4 months in Macedonia (FYROM) in 1999; and for 22 months in Kosovo between 1999 and 2003. (16) The 1 ID deployed to Iraq in 2004 to 2005 in OIF II, the initial occupation of Iraq, and helped achieve the first free and fair elections in the history of Iraq. Its brigade combat teams and other elements deployed multiple times to Iraq and Afghanistan between 2003 and 2014. (17) The 1 ID provided the first ``regionally aligned force'' (RAF) to the United States Africa Command and provided military assistance to friendly governments across the continent of Africa. (18) To combat the growing ISIS threat, 1 ID soldiers have deployed to Iraq and Kuwait to assist the Iraqi Security Forces and other friendly countries in that vital and unstable region. (19) The 1 ID will be deployed to Iraq, Afghanistan, and Korea in 2016 and 2017, its centennial year. (20) Thirty-six soldiers have been decorated with the Medal of Honor, and countless others have distinguished themselves in combat. (21) The 1st Infantry Division has earned several unit decorations, including 2 Meritorious Unit Commendations, 3 French Croix de Guerre, 1 Belgian Fourragere, Republic of Vietnam Cross of Gallantry with Palm, 1 Republic of Vietnam Civil Action Honor Medal, and was cited twice in the Order of the Day of the Belgian Army. (22) The 1st Infantry Division has served the United States with great valor and distinction since its organization, living up to its motto, ``No mission too difficult, no sacrifice too great--Duty First''. SEC. 3. COIN SPECIFICATION. (a) Denominations.--The Secretary of Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint the issue the following coins: (1) $5 gold coins.--Not more than 20,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of .850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 100,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have the diameter of 1.50 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 200,000 half- dollar coins which shall-- (A) weight 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For the purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 100 year anniversary of the 1st Infantry Division. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year 2017; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the secretary after consultation with the Society of the 1st Infantry Division and the U.S. Army Center of Military History; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only the West Point Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 2018. SEC. 6. SALE OF COINS. (1) Sale price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (A) the face value of the coins; (B) the surcharge provided in section 7(a) with respect to such coins; and (C) the cost of designing and issuing the coins (including labor, material, dies, use of machinery, overhead expenses, marketing, and shipping). (2) Bulk sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (3) Prepaid orders.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include a surcharge of-- (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution.--Subject to section 5134 (f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Society of the 1st Infantry Division for renovation of existing 1st Infantry Division Memorial located in the District of Columbia. (c) Audits.--The society of the 1st Infantry Division shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 coin commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United State Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

Duty First Act This bill requires the Department of the Treasury to issue up to 20,000 $5 gold coins, 100,000 $1 silver coins, and 200,000 half-dollar clad coins, emblematic of the 100-year anniversary of the 1st Infantry Division. All surcharges received by Treasury from the sale of such coins shall be paid to the Society of the 1st Infantry Division for renovation of the existing 1st Infantry Division Memorial located in the District of Columbia.

Duty First Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Workplace Fairness Act of 1997''. SEC. 2. DISCRIMINATION PROHIBITED. A covered entity shall not subject an individual to different standards or treatment on any basis other than factors pertaining to job performance in connection with employment or employment opportunities, or beginning on the 91st day of employment following hire or rehire, the compensation, terms conditions, or privileges of employment. SEC. 3. QUOTAS PROHIBITED. A covered entity shall not adopt or implement a quota pursuant to this Act on any basis other than factors pertaining to job performance. SEC. 4. RELIGIOUS EXEMPTION. (a) In General.--Except as provided in subsection (b), this Act shall not apply to religious organizations. (b) For-Profit Activities.--This Act shall apply with respect to employment and employment opportunities that relate to any employment position that pertains solely to a religious organization's for-profit activities subject to taxation under section 511(a) of the Internal Revenue Code of 1986. SEC. 5. ENFORCEMENT. (a) Enforcement Powers.--With respect to the administration and enforcement of this Act in the case of a claim alleged by an individual for a violation of this Act-- (1) the Commission shall have the same powers as the Commission has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, and 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (4) the Attorney General of the United States shall have the same powers as the Attorney General has to administer and enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), or (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204), in the case of a claim alleged by such individual for a violation of such title or of section 302(a)(1) of such Act, respectively, and (5) the courts of the United States shall have the same jurisdiction and powers as such courts have to enforce-- (A) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (B) sections 302, 303, and 304 of the Government Employee Rights Act of 1991 (2 U.S.C. 1202, 1203, 1204) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act, and (C) the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act. (b) Procedures and Remedies.--The procedures and remedies applicable to a claim alleged by an individual for a violation of this Act are-- (1) the procedures and remedies applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title, (2) the procedures and remedies applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) in the case of a claim alleged by such individual for a violation of such section, and (3) the procedures and remedies applicable for a violation of section 201(a)(1) of Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) in the case of a claim alleged by such individual for a violation of such section. (c) Other Applicable Provisions.--With respect to claims alleged by covered employees (as defined in section 101 of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3)) for violations of this Act, title III of the Congressional Accountability Act of 1995 shall apply in the same manner as such title applies with respect to a claims alleged by such covered employees for violations of section 201(a)(1) of such Act. SEC. 7. STATE AND FEDERAL IMMUNITY. (a) State Immunity.--A State shall not be immune under the eleventh article of amendment to the Constitution of the United States from an action in a Federal court of competent jurisdiction for a violation of this Act. In an action against a State for a violation of this Act, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies are available in an action against any public or private entity other than a State. (b) Liability of the United States.--The United States shall be liable for all remedies (excluding punitive damages) under this Act to the same extent as a private person and shall be liable to the same extent as a nonpublic party for interest to compensate for delay in payment. SEC. 8. ATTORNEYS' FEES. In any action or administrative proceeding commenced pursuant to this Act, the court or the Commission, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including expert fees and other litigation expenses, and costs. The United States shall be liable for the foregoing the same as a private person. SEC. 9. POSTING NOTICES. A covered entity shall post notices for employees, and for applicants for employment, describing the applicable provisions of this Act in the manner prescribed by, and subject to the penalty provided under, section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e- 10). SEC. 10. REGULATIONS. The Commission shall have authority to issue regulations to carry out this Act. SEC. 11. RELATIONSHIP TO OTHER LAWS. This Act shall not invalidate or limit the rights, remedies, or procedures available to an individual under title VII of the Civil Rights Act of 1964, or any other Federal law or any law of a State or political subdivision of a State. SEC. 12. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby. SEC. 13. EFFECTIVE DATE. This Act shall take effect 60 days after the date of the enactment of this Act and shall not apply to conduct occurring before such effective date. SEC. 14. DEFINITIONS. As used in this Act: (1) The term ``Commission'' means the Equal Employment Opportunity Commission. (2) The term ``covered entity'' means an employer, employment agency, labor organization, joint labor management committee, an entity to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)) applies, an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1202(a)(1)) applies, or an employing authority to which section 201(a) of the Congressional Accountability Act of 1995 (Public Law 104-1; 109 Stat. 3) applies. (3) The term ``employer'' has the meaning given such term in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), except that a reference in such section to employees shall be deemed for purposes of this Act to be a reference to full-time employees. (4) The term ``employment agency'' has the meaning given such term in section 701(c) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(c)). (5) The term ``employment or employment opportunities'' includes job application procedures, hiring, advancement, discharge, compensation, job training, or any other term, condition, or privilege of employment. (6) The term ``labor organization'' has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). (7) The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (8) The term ``factors pertaining to job performance'' means-- (A) employment history, including referrals from previous employers, (B) ability and willingness to comply with the performance requirements (including attendance and procedures) of the particular employment involved, (C) educational background, (D) any use of a drug or of alcohol, that may adversely affect job performance, (E) any conviction of an offense for which a term of imprisonment exceeding 1 year could have been imposed, (F) any conflict of interest relating to the particular employment involved, (G) seniority recognized under an applicable bona fide seniority system, (H) ability to work well with others (cooperation and teamwork), and (I) insubordination. (9) The term ``religious organization'' means-- (A) a religious corporation, association, or society, or (B) a college, school, university, or other educational institution, not otherwise a religious organization, if-- (i) it is in whole or substantial part controlled, managed, owned, or supported by a religious corporation, association, or society, or (ii) its curriculum is directed toward the propagation of a particular religion. (10) The term ``State'' has the meaning given such term in section 701(i) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(i)).

Workplace Fairness Act of 1997 - Prohibits employment discrimination on any basis other than job performance by covered entities, including entities covered under specified employment discrimination prohibitions of the Civil Rights Act of 1964, as well as employing authorities to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Grants specified powers to administer and enforce this Act to the Equal Employment Opportunity Commission, the Librarian of Congress, the Board of Directors of the Office of Compliance (for the Congress), the Attorney General, and Federal courts. Prohibits quotas. Declares that this Act does not apply to religious organizations (except in their for-profit activities). Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Requires posting notices for employees and applicants. Sets forth factors that pertain to job performance, including: (1) ability and willingness to comply with performance requirements (including attendance and procedures); (2) any use of a drug or of alcohol that may adversely affect job performance; (3) any conviction of an offense for which a term of imprisonment exceeding one year could have been imposed; and (4) the ability to work well with others.

Workplace Fairness Act of 1997

SECTION 1. INCREASE IN DEPOSIT INSURANCE COVERAGE. (a) In General.--Section 11(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)(1)) is amended-- (1) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) Net amount of insured deposit.--The net amount due to any depositor at an insured depository institution shall not exceed the standard maximum deposit insurance amount as determined in accordance with subparagraphs (C), (D), (E), and (F) and paragraph (3).''; and (2) by adding at the end the following new subparagraphs: ``(E) Standard maximum deposit insurance amount defined.--For purposes of this Act-- ``(i) the term `standard maximum deposit insurance amount' means-- ``(I) until the effective date of final regulations prescribed pursuant to section 9(a)(2) of the Federal Deposit Insurance Reform Act of 2005, $100,000; and ``(II) on and after such effective date, $100,000 or $500,000, at the option of the insured depository institution, and $250,000 or $500,000 for eligible retirement accounts, at the option of the insured depository institution, adjusted as provided under subparagraph (F); and ``(ii) the term `eligible retirement plan' has the same meaning as in section 402(c)(8)(B) of the Internal Revenue Code of 1986. ``(F) Inflation adjustment.-- ``(i) In general.--By April 1 of 2009, and the 1st day of each subsequent 5-year period, the Board of Directors and the National Credit Union Administration Board shall jointly consider the factors set forth under clause (v), and, upon determining that an inflation adjustment is appropriate, shall jointly prescribe the amount by which the standard maximum deposit insurance amount and the standard maximum share insurance amount (as defined in 207(k) of the Federal Credit Union Act) applicable to any depositor at an insured depository institution shall be increased by calculating the product of-- ``(I) $100,000 or $500,000, at the option of the insured depository institution, and $250,000 or $500,000 for eligible retirement accounts, at the option of the insured depository institution; and ``(II) the ratio of the published annual value of the Personal Consumption Expenditures Chain-Type Price Index (or any successor index thereto), published by the Department of Commerce, for the calendar year preceding the year in which the adjustment is calculated under this clause, to the published annual value of such index as of the date this subparagraph takes effect. The values used in the calculation under subclause (II) shall be, as of the date of the calculation, the values most recently published by the Department of Commerce. ``(ii) Rounding.--If the amount determined under clause (ii) for any period is not a multiple of $10,000, the amount so determined shall be rounded down to the nearest $10,000. ``(iii) Publication and report to the congress.--Not later than April 5 of any calendar year in which an adjustment is required to be calculated under clause (i) to the standard maximum deposit insurance amount and the standard maximum share insurance amount under such clause, the Board of Directors and the National Credit Union Administration Board shall-- ``(I) publish in the Federal Register the standard maximum deposit insurance amount, the standard maximum share insurance amount, and the amount of coverage under paragraph (3)(A) and section 207(k)(3) of the Federal Credit Union Act, as so calculated; and ``(II) jointly submit a report to the Congress containing the amounts described in subclause (I). ``(iv) 6-month implementation period.-- Unless an Act of Congress enacted before July 1 of the calendar year in which an adjustment is required to be calculated under clause (i) provides otherwise, the increase in the standard maximum deposit insurance amount and the standard maximum share insurance amount shall take effect on January 1 of the year immediately succeeding such calendar year.''.

Amends the Federal Deposit Insurance Act to increase the standard maximum amount of deposit insurance from $100,000 to: (1) $500,000, at the option of the insured depository institution; and (2) $250,000 or $500,000 for eligible retirement accounts, at the institution's option. Requires an annual inflation adjustment. Directs the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) Board to report to Congress and publish in the Federal Register any such inflation adjustments to the standard maximum deposit insurance amount and to the standard maximum share insurance amount.

To reform the Federal Deposit Insurance System, and for other purposes.