FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Activities Inventory Reform Act of 1998''. SEC. 2. ANNUAL LISTS OF GOVERNMENT ACTIVITIES NOT INHERENTLY GOVERNMENTAL IN NATURE. (a) Lists Required.--Not later than the end of the third quarter of each fiscal year, the head of each executive agency shall submit to the Director of the Office of Management and Budget a list of activities performed by Federal Government sources for the executive agency that, in the judgment of the head of the executive agency, are not inherently governmental functions. The entry for an activity on the list shall include the following: (1) The fiscal year for which the activity first appeared on a list prepared under this section. (2) The number of full-time employees (or its equivalent) that are necessary for the performance of the activity by a Federal Government source. (3) The name of a Federal Government employee responsible for the activity from whom additional information about the activity may be obtained. (b) OMB Review and Consultation.--The Director of the Office of Management and Budget shall review the executive agency's list for a fiscal year and consult with the head of the executive agency regarding the content of the final list for that fiscal year. (c) Public Availability of Lists.-- (1) Publication.--Upon the completion of the review and consultation regarding a list of an executive agency-- (A) the head of the executive agency shall promptly transmit a copy of the list to Congress and make the list available to the public; and (B) the Director of the Office of Management and Budget shall promptly publish in the Federal Register a notice that the list is available to the public. (2) Changes.--If the list changes after the publication of the notice as a result of the resolution of a challenge under section 3, the head of the executive agency shall promptly-- (A) make each such change available to the public and transmit a copy of the change to Congress; and (B) publish in the Federal Register a notice that the change is available to the public. (d) Competition Required.--Within a reasonable time after the date on which a notice of the public availability of a list is published under subsection (c), the head of the executive agency concerned shall review the activities on the list. Each time that the head of the executive agency considers contracting with a private sector source for the performance of such an activity, the head of the executive agency shall use a competitive process to select the source (except as may otherwise be provided in a law other than this Act, an Executive order, regulations, or any executive branch circular setting forth requirements or guidance that is issued by competent executive authority). The Director of the Office of Management and Budget shall issue guidance for the administration of this subsection. (e) Realistic and Fair Cost Comparisons.--For the purpose of determining whether to contract with a source in the private sector for the performance of an executive agency activity on the list on the basis of a comparison of the costs of procuring services from such a source with the costs of performing that activity by the executive agency, the head of the executive agency shall ensure that all costs (including the costs of quality assurance, technical monitoring of the performance of such function, liability insurance, employee retirement and disability benefits, and all other overhead costs) are considered and that the costs considered are realistic and fair. SEC. 3. CHALLENGES TO THE LIST. (a) Challenge Authorized.--An interested party may submit to an executive agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice of public availability has been published under section 2. (b) Interested Party Defined.--For the purposes of this section, the term ``interested party'', with respect to an activity referred to in subsection (a), means the following: (1) A private sector source that-- (A) is an actual or prospective offeror for any contract, or other form of agreement, to perform the activity; and (B) has a direct economic interest in performing the activity that would be adversely affected by a determination not to procure the performance of the activity from a private sector source. (2) A representative of any business or professional association that includes within its membership private sector sources referred to in paragraph (1). (3) An officer or employee of an organization within an executive agency that is an actual or prospective offeror to perform the activity. (4) The head of any labor organization referred to in section 7103(a)(4) of title 5, United States Code, that includes within its membership officers or employees of an organization referred to in paragraph (3). (c) Time for Submission.--A challenge to a list shall be submitted to the executive agency concerned within 30 days after the publication of the notice of the public availability of the list under section 2. (d) Initial Decision.--Within 28 days after an executive agency receives a challenge, an official designated by the head of the executive agency shall-- (1) decide the challenge; and (2) transmit to the party submitting the challenge a written notification of the decision together with a discussion of the rationale for the decision and an explanation of the party's right to appeal under subsection (e). (e) Appeal.-- (1) Authorization of appeal.--An interested party may appeal an adverse decision of the official to the head of the executive agency within 10 days after receiving a notification of the decision under subsection (d). (2) Decision on appeal.--Within 10 days after the head of an executive agency receives an appeal of a decision under paragraph (1), the head of the executive agency shall decide the appeal and transmit to the party submitting the appeal a written notification of the decision together with a discussion of the rationale for the decision. SEC. 4. APPLICABILITY. (a) Executive Agencies Covered.--Except as provided in subsection (b), this Act applies to the following executive agencies: (1) Executive department.--An executive department named in section 101 of title 5, United States Code. (2) Military department.--A military department named in section 102 of title 5, United States Code. (3) Independent establishment.--An independent establishment, as defined in section 104 of title 5, United States Code. (b) Exceptions.--This Act does not apply to or with respect to the following: (1) General accounting office.--The General Accounting Office. (2) Government corporation.--A Government corporation or a Government controlled corporation, as those terms are defined in section 103 of title 5, United States Code. (3) Nonappropriated funds instrumentality.--A part of a department or agency if all of the employees of that part of the department or agency are employees referred to in section 2105(c) of title 5, United States Code. (4) Certain depot-level maintenance and repair.--Depot-level maintenance and repair of the Department of Defense (as defined in section 2460 of title 10, United States Code). SEC. 5. DEFINITIONS. In this Act: (1) Federal government source.--The term ``Federal Government source'', with respect to performance of an activity, means any organization within an executive agency that uses Federal Government employees to perform the activity. (2) Inherently governmental function.-- (A) Definition.--The term ``inherently governmental function'' means a function that is so intimately related to the public interest as to require performance by Federal Government employees. (B) Functions included.--The term includes activities that require either the exercise of discretion in applying Federal Government authority or the making of value judgments in making decisions for the Federal Government, including judgments relating to monetary transactions and entitlements. An inherently governmental function involves, among other things, the interpretation and execution of the laws of the United States so as-- (i) to bind the United States to take or not to take some action by contract, policy, regulation, authorization, order, or otherwise; (ii) to determine, protect, and advance United States economic, political, territorial, property, or other interests by military or diplomatic action, civil or criminal judicial proceedings, contract management, or otherwise; (iii) to significantly affect the life, liberty, or property of private persons; (iv) to commission, appoint, direct, or control officers or employees of the United States; or (v) to exert ultimate control over the acquisition, use, or disposition of the property, real or personal, tangible or intangible, of the United States, including the collection, control, or disbursement of appropriated and other Federal funds. (C) Functions excluded.--The term does not normally include-- (i) gathering information for or providing advice, opinions, recommendations, or ideas to Federal Government officials; or (ii) any function that is primarily ministerial and internal in nature (such as building security, mail operations, operation of cafeterias, housekeeping, facilities operations and maintenance, warehouse operations, motor vehicle fleet management operations, or other routine electrical or mechanical services). SEC. 6. EFFECTIVE DATE. This Act shall take effect on October 1, 1998. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Federal Activities Inventory Reform Act of 1998 - Directs the head of each executive agency to submit to the Director of the Office of Management and Budget, not later than the end of the third quarter of each fiscal year, a list of activities performed by Federal Government sources for the agency that, in the judgment of the head of the executive agency, are not inherently governmental functions. Requires: (1) the Director to review the agency's list and consult with the agency head regarding the contents of the final list for the fiscal year; (2) the agency head to transmit a copy of the list to the Congress and make the list publicly available; (3) the Director to publish in the Federal Register a notice that the list is publicly available; and (4) the agency head to publish a notice regarding, make available to the public, and transmit to the Congress, any subsequent change to the list. Requires the agency head to: (1) review the activities on the list within a reasonable time after such a notice of its availability is published; and (2) use a competitive process (with specified exceptions) and ensure that all costs are considered each time that he or she considers contracting with a private sector source for the performance of an activity on the list. (Sec. 3) Permits an interested party to submit to an agency a challenge of an omission of a particular activity from, or an inclusion of a particular activity on, a list for which a notice has been published. Sets forth procedures governing filing challenges, agency decisions on challenges, appealing such decisions, and agency decisions on such appeals. (Sec. 4) Provides that this Act shall not apply to or with respect to: (1) the General Accounting Office; (2) Government corporations and Government controlled corporations; (3) a part of a department or agency if all of the employees of that part are employees paid from nonappropriated funds of certain instrumentalities of the United States under the jurisdiction of the armed forces; and (4) depot-level maintenance and repair of the Department of Defense.

Federal Activities Inventory Reform Act of 1998

SECTION 1. SHORT TITLE. This title may be cited as the ``Maximizing America's Prosperity Act of 2015''. SEC. 2. TOTAL SPENDING LIMITS. (a) Total Spending Limits.--Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901) is amended to read as follows: ``SEC. 251. TOTAL SPENDING LIMITS. ``(a) Projections.-- ``(1) OMB report.--OMB shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the budget as submitted by the President annually under section 1105(a) of title 31, United States Code. ``(2) CBO report.--CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c) and include such report in the CBO annual baseline and reestimate of the President's budget. ``(3) Inclusion in spending reduction orders.--Reports prepared pursuant to this subsection shall be included in the spending reduction report. ``(b) Spending Reduction Order.--(1) Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(5). ``(2) Each non-exempt discretionary budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. ``(3) No discretionary budget account shall be subject to a spending reduction of more than five percent of its budgetary resources. ``(c) Fiscal Years of the Total Spending Period.--The fiscal years within the total spending period shall be as follows: ``(1) Fiscal year 2016: 19.0 percent of potential GDP. ``(2) Fiscal year 2017: 17.7 percent of potential GDP. ``(3) Fiscal year 2018: 17.0 percent of potential GDP. ``(4) Fiscal year 2019: 16.8 percent of potential GDP. ``(5) Fiscal year 2020: 16.7 percent of potential GDP. ``(6) Fiscal year 2021: 16.6 percent of potential GDP. ``(7) Fiscal year 2022: 16.6 percent of potential GDP. ``(8) Fiscal year 2023: 16.3 percent of potential GDP. ``(9) Fiscal year 2024: 16.0 percent of potential GDP. ``(10) Fiscal year 2025 and subsequent fiscal years: 16.0 percent of potential GDP. ``(d) Reduction for Unfunded Federal Mandates.--The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined under section 421 of the Congressional Budget Act of 1974) enacted after the date of the enactment of this section. Such amount shall not be treated as being less than zero with respect to any fiscal year.''. (b) Repeal of Section 251A.--Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is repealed. (c) Definitions.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622) is amended by adding at the end the following new paragraphs: ``(12) The term `total spending' means all outlays of the Government including those from off-budget entities and budget authority and outlays flowing therefrom, as applicable, designated as emergencies, and excluding net interest. ``(13) The term `total spending limit' means the maximum permissible total spending of the Government set forth as a percentage of estimated potential GDP. ``(14) The term `potential GDP' has the same meaning as the term potential GDP used by the Congressional Budget Office, which is the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would occur.''. (d) Conforming Amendments Resulting From the Repeal of Old Section 251.-- (1) Definitions.--Paragraphs (3) and (4) of section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 are repealed. (2) Sections 254(c) and 254(f) amendments.--Sections 254(c)(2) and 254(f)(2) of such Act are repealed. (e) Additional Conforming Amendments to Section 254.--(1) The table set forth in section 254(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 904(a)) is amended by striking ``sequestration'' each place it appears. (2) Section 254(c)(1) of such Act is amended by inserting ``and'' before ``pay-as-you-go'' and by striking ``, and deficit'' and inserting ``and regarding spending reduction''. (3) Section 254(c)(4) of such Act is amended to read as follows: ``(4) Spending reduction report.--The preview report shall set forth for the budget year estimates for each of the following: ``(A) Estimated total spending. ``(B) Estimate of potential GDP. ``(C) The spending reduction percentage necessary to achieve the applicable percent of potential GDP under section 251(c).''. (4) Section 254(f)(3) of such Act is amended-- (A) in the side heading, by striking ``and deficit sequestration reports'' and insert ``sequestration report and spending reduction report''; and (B) in the first sentence, by striking ``and deficit sequestration preview reports'' and inserting ``sequestration preview report and the spending reduction report''. (f) Conforming Amendment to Section 250.--The item relating to section 251 in the table of contents set forth in 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(a)) is amended to read as follows: ``Sec. 251. Total spending limits.''. SEC. 3. ALLOCATION FOR EMERGENCIES. (a) Section 302(a) of the Congressional Budget Act of 1974 (2 U.S.C. 633(a)) is amended by adding at the end the following new paragraph: ``(6) Allocation to the committees on appropriations for emergencies.--Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be set aside for emergencies and may be used for no other purpose.''. (b) Section 1105(a)(14) of title 31, United States Code, is amended by inserting ``, including an amount for emergency spending not less than 1 percent of all discretionary spending for that year'' before the period.

Maximizing America's Prosperity Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget and Impoundment Control Act of 1974 to limit total noninterest federal spending to a specified percentage of potential gross domestic product (GDP). The cap begins at 19% of potential GDP for FY2016 and decreases each fiscal year until it reaches 16% of potential GDP for FY2024 and subsequent fiscal years. The total cap for each year fiscal year must be reduced by an amount equal to the unfunded direct costs of federal mandates for the year. The bill revises the existing sequestration process to establish a new process to enforce the limits established by this bill. To enforce the caps, the bill's sequestration process would impose automatic cuts to discretionary spending. No discretionary budget account is permitted to be reduced by more than 5% of its budgetary resources. The bill eliminates adjustments to spending limits that are currently permitted for emergency spending. The President's budget must include an allowance for emergency spending that is no less than 1% of discretionary spending for the year. The appropriations committees must set aside for emergencies 1% of the funding allocation provided to the committees by the budget resolution.

Maximizing America's Prosperity Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``FCC Reorganization Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Communications Act of 1934 grants the Federal Communications Commission permission to organize ``integrated bureaus'' and ``other divisional organizations'' for the purpose of assisting the Commission in its principal workload. (2) The Federal Communications Commission originally created and organized its bureaus at a time when individual companies offered single, discreet telecommunications services. (3) New communications technologies enable a single company to offer a variety of services (such as cable companies offering video, voice, and data). (4) The organization of the Federal Communications Commission's bureaus based on the type of technology is an obsolete model and is no longer relevant since new technologies provide multiple services. SEC. 3. REGULATORY FUNCTION AND STRUCTURE OF THE FCC. Subsection (b) of section 5 of the Communications Act of 1934 (47 U.S.C. 155(b)) is amended to read as follows: ``(b) Staff Organization.-- ``(1) Authority to organize.--The Commission shall-- ``(A) except as provided in paragraph (3), establish and maintain the bureaus required by paragraph (2); and ``(B) organize the remainder of its staff into-- ``(i) integrated bureaus based on the purposes of the regulation to be administered by such bureau; and ``(ii) such other divisional organizations as the Commission may deem necessary. ``(2) Required divisions.--Except as provided in paragraph (3), the Commission shall establish and maintain the following bureaus and divisions: ``(A) Spectrum management bureau.--A Spectrum Management Bureau with responsibility for all issues relating to electromagnetic spectrum, including spectrum allocation, spectrum interference regulations, unlicensed user regulations, and other general spectrum regulations. ``(B) Government affairs and consumer education bureau.--A Government Affairs and Consumer Education Bureau with responsibility for all issues relating to government relations and consumer education including consumer affairs and outreach, consumer inquiries and complaints, information access and privacy, policy, reference information center, and consumer publications. ``(C) Economic regulations bureau.--An Economic Regulation Bureau with responsibility for all issues relating to economic regulations, including intercarrier compensation, pricing regulations, and media ownership regulations, and the Universal Service Fund/E-rate program. ``(D) Public interest bureau.--A Public Interest Bureau with responsibility for all issues relating to public interest programs, such as Disabled Services, E- 911 regulations, and requirements under the Communications Assistance for Law Enforcement Act. ``(E) Broadcast content bureau.--A Broadcast Content Bureau with responsibility for all issues relating to broadcast content, including broadcast decency and child-friendly television. ``(F) Licensing bureau.--A Licensing Bureau with responsibility for all issues relating to licensing, including spectrum auctions and license renewal ``(G) Enforcement bureau.--An Enforcement Bureau with the same responsibilities such Bureau had on the date of enactment of the FCC Reorganization Act. ``(H) International bureau.--An International Bureau with the same responsibilities such Bureau had on the date of enactment of the FCC Reorganization Act. ``(3) Periodic re-examination.--The Commission shall, at least once after each 5-year interval after the date of enactment of the FCC Reorganization Act-- ``(A) re-examine the organization of the bureaus established under subparagraph (A) and (B)(i) of paragraph (1) to determine whether such organization continues to meet the requirements and needs of the Commission; and ``(B) carry out any reorganization that the Commission determines to be necessary to meet the requirements and needs of the Commission. ``(4) Bureau staffing.--Each bureau established under subparagraph (A) and (B)(i) of paragraph (1) shall include such legal, engineering, accounting, administrative, clerical, and other personnel as the Commission may determine to be necessary to perform its functions.''. SEC. 4. EFFECTIVE DATE; TRANSITION. The amendment made by section 3 is effective 18 months after the date of enactment of this Act, except that the Federal Communications Commission is authorized and required to take actions to begin implementation of, and compliance with, such amendment on such date of enactment.

FCC Reorganization Act - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to organize its staff into integrated bureaus based on the purposes of the regulations to be administered by such bureau. Requires the following bureaus within the FCC: (1) spectrum management; (2) government affairs and consumer education; (3) economic regulations; (4) public interest; (5) broadcast content; (6) licensing; (7) enforcement; and (8) international. Directs the FCC, at least once every five years, to reexamine such organization and carry out any necessary reorganization.

To require the Federal Communications Commission to reorganize the bureaus of the Commission in order to better carry out their regulatory functions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognizing the National Benefits of Flood Protection Act of 2013''. SEC. 2. CALCULATION OF BENEFITS AND COSTS FOR FLOOD DAMAGE REDUCTION AND HURRICANE AND STORM DAMAGE REDUCTION PROJECTS. (a) Calculation of Benefits and Costs for Flood Damage Reduction and Hurricane and Storm Damage Reduction Projects.--A feasibility study for a project for flood damage reduction or hurricane and storm damage reduction shall include, as part of the calculation of benefits and costs-- (1) a calculation of the anticipated reduction in flood or hurricane damage to public and private property and infrastructure resulting from the completion of the proposed project; (2) a calculation of the anticipated direct and indirect economic benefits resulting from the completion of the proposed project, including such benefits from any potential reductions in national and regional economic volatility, disruptions, and losses; and (3) a calculation of the anticipated benefits to public safety, including protection of evacuation routes, resulting from the completion of the proposed project. (b) Applicability.--This section shall apply to any feasibility study for a project for flood damage reduction or hurricane and storm damage reduction that has not been completed before the date of enactment of this Act. SEC. 3. FLOOD DAMAGE REDUCTION AND HURRICANE AND STORM DAMAGE REDUCTION PROJECT REVIEWS. (a) In General.--The non-Federal interest for a project for flood damage reduction or hurricane and storm damage reduction may submit to the Secretary a request for a review under this section for the project if-- (1) the Secretary determines that the project is not feasible; (2) the Chief of Engineers issues an unfavorable report for the project; or (3) the Secretary identifies the feasibility study for the project as inactive. (b) Review Panels.-- (1) Establishment.--The Secretary shall establish, for each division of the Corps of Engineers, a review panel to conduct reviews and make determinations under this section. (2) Membership.-- (A) In general.--The Secretary shall appoint to each review panel 5 members-- (i) each of whom shall have relevant experience in flood damage reduction or hurricane and storm damage reduction in the geographic area represented by the division for which the review panel is established; and (ii) at least one of whom shall have education or experience in the field of economics. (B) Limitation.--Not more than 2 members of each review panel may be employees (including uniformed members) or contractors of the Corps of Engineers. (C) Term.--Each member shall be appointed to a review panel for a term of 4 years. (3) Deadline.--The Secretary shall establish a review panel for a division not later than 60 days after the first request for a review under this section is submitted for a project within the division. (4) Duties.--A review panel established under this section shall, with respect to each request for a review submitted to the Secretary for a project within the division for which the review panel is established-- (A) conduct a review of-- (i) the feasibility study for the project; (ii) the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Secretary in the preparation of the feasibility study for the project; (iii) the public written and oral comments provided to the Secretary for the project; and (iv) any additional information submitted by the non-Federal interest as part of the request for a review; and (B) submit to the Secretary a final report containing-- (i) an economic, engineering, and environmental analysis of the feasibility study for the project, including an assessment of the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Secretary in the preparation of the feasibility study; and (ii) a determination of the feasibility of the project, taking into account calculations of costs and benefits described in section 2(a). (c) Effect of Review Panel Determination.--If a review panel determines that a project for which a request for a review has been submitted is feasible, the Chief of Engineers shall issue a favorable report for the project. (d) Procedures.--Not later than 60 days after the date of enactment of this Act, the Secretary shall establish procedures for reviews under this section. SEC. 4. PRIORITY FOR FEASIBILITY STUDIES. In carrying out feasibility studies for projects for flood damage reduction and hurricane and storm damage reduction each year, the Secretary shall give priority to the completion of such studies for projects in areas that have experienced flooding or hurricane damage during the preceding 10 years. SEC. 5. REPORT TO CONGRESS. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives an analysis of the connection between Corps of Engineers projects for flood damage reduction, hurricane and storm damage reduction, and navigation and the protection of energy infrastructure. SEC. 6. SECRETARY DEFINED. In this Act, the term ``Secretary'' means the Secretary of the Army, acting through the Chief of Engineers. SEC. 7. APPLICABILITY. This Act shall not apply to any project primarily designed for the purposes of navigational improvements on the Nation's system of inland waterways.

Recognizing the National Benefits of Flood Protection Act of 2013 - Requires a feasibility study for a flood, hurricane, or storm damage reduction project to include calculations of the anticipated: (1) reduction in damage to public and private property and infrastructure; (2) direct and indirect economic benefits, including from potential reductions in national and regional economic volatility, disruptions, and losses; and (3) benefits to public safety, including protection of evacuation routes. Authorizes the non-federal interest for such a project to submit to the Chief of Engineers a request for a project review if the Chief: (1) determines that the project is not feasible, (2) issues an unfavorable report for the project, or (3) identifies the feasibility study for the project as inactive. Directs the Chief to establish a panel to conduct such reviews for each Corps of Engineers division not later than 60 days after the first request for a review of a project within that division is submitted. Requires such panel to conduct a review of: (1) the feasibility study for the project; (2) the adequacy and accessibility of the economic, engineering, and environmental methods, models, and analyses used in preparing such study; (3) public comments on the project; and (4) any additional information submitted by the non-federal interest as part of the review request. Requires: (1) the panel to submit a final report containing an economic, engineering, and environmental analysis of the feasibility study and a determination of the project's feasibility; and (2) the Chief, if the panel determines that a project is feasible, to issue a favorable report for the project. Directs the Chief to: (1) give priority to the completion of feasibility studies for projects in areas that have experienced flooding or hurricane damage during the preceding 10 years, and (2) submit an analysis of the connection between such Corps projects and navigation and the protection of energy infrastructure.

Recognizing the National Benefits of Flood Protection Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Real Cost of Handgun Ammunition Act''. SEC. 2. INCREASE IN TAX ON HANDGUN AMMUNITION. (a) Increase in Manufacturers Tax.-- (1) In general.--Section 4181 of the Internal Revenue Code of 1986 (relating to imposition of tax on firearms) is amended-- (A) by striking ``Shells, and cartridges'' and inserting ``Shells and cartridges not taxable at 50 percent or 10,000 percent'', and (B) by adding at the end the following: ``Articles taxable at 50 percent.-- ``Any centerfire cartridge which has a cartridge case less than 1.3 inches in length. ``Any cartridge case which is less than 1.3 inches in length. ``Articles taxable at 10,000 percent.-- ``Any jacketed, hollow point projectile which may be used in a handgun and the jacket of which is designed to produce, upon impact, evenly-spaced sharp or barb-like projections that extend beyond the diameter of the unfired projectile. ``Any cartridge with a projectile measuring .500 inch or greater in diameter which may be used in a handgun.''. (2) Additional taxes added to the general fund.--Section 3(a) of the Act of September 2, 1937 (16 U.S.C. 669b(a)), commonly referred to as the ``Pittman-Robertson Wildlife Restoration Act'', is amended by adding at the end the following new sentence: ``There shall not be covered into the fund the portion of the tax imposed by such section 4181 that is attributable to any increase in amounts received in the Treasury under such section by reason of the amendments made by section 2(a)(1) of the Real Cost of Handgun Ammunition Act, as estimated by the Secretary.''. (b) Effective Date.--The amendments made by this section shall apply to sales after December 31, 1993. SEC. 3. SPECIAL TAX FOR IMPORTERS, MANUFACTURERS, AND DEALERS OF HANDGUN AMMUNITION. (a) In General.-- (1) Imposition of tax.--Section 5801 of the Internal Revenue Code of 1986 (relating to special occupational tax on importers, manufacturers, and dealers of machine guns, destructive devices, and certain other firearms) is amended by adding at the end the following new subsection: ``(c) Special Rule for Handgun Ammunition.-- ``(1) In general.--On first engaging in business and thereafter on or before July 1 of each year, every importer and manufacturer of handgun ammunition shall pay a special (occupational) tax for each place of business at the rate of $10,000 a year or fraction thereof. ``(2) Handgun ammunition defined.--For purposes of this part, the term `handgun ammunition' shall mean any centerfire cartridge which has a cartridge case of less than 1.3 inches in length and any cartridge case which is less than 1.3 inches in length.''. (2) Registration of importers and manufacturers of handgun ammunition.--Section 5802 of the Internal Revenue Code of 1986 (relating to registration of importers, manufacturers, and dealers) is amended-- (A) in the first sentence, by inserting ``, and each importer and manufacturer of handgun ammunition,'' after ``dealer in firearms'', and (B) in the third sentence, by inserting ``, and handgun ammunition operations of an importer or manufacturer,'' after ``dealer''. (b) Conforming Amendments.-- (1) Chapter heading.--Chapter 53 of the Internal Revenue Code of 1986 (relating to machine guns, destructive devices, and certain other firearms) is amended in the chapter heading by inserting ``HANDGUN AMMUNITION,'' after ``CHAPTER 53--''. (2) Table of chapters.--The heading for chapter 53 in the table of chapters for subtitle E of such Code is amended to read as follows: ``Chapter 53--Handgun ammunition, machine guns, destructive devices, and certain other firearms.'' (c) Effective Date.-- (1) In general.--The amendments made by this section shall take effect on July 1, 1994. (2) All taxpayers treated as commencing in business on July 1, 1994.--Any person engaged on July 1, 1994, in any trade or business which is subject to an occupational tax by reason of the amendment made by subsection (a)(1) shall be treated for purposes of such tax as having 1st engaged in a trade of business on such date.

Real Cost of Handgun Ammunition Act - Amends the Internal Revenue Code to increase the excise tax on certain ammunition. Imposes a special (occupational) tax on importers and manufacturers of certain handgun ammunition for each place of business.

Real Cost of Handgun Ammunition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Reform Commission Act of 2001''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is hereby established a commission to be known as the Bipartisan Commission on Election Reform (hereafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 17 members who shall be appointed as follows: (1) 4 members shall be appointed by the President, of whom not more than 2 may be affiliated with the same political party. (2) 3 members shall be appointed by the majority leader of the Senate. (3) 3 members shall be appointed by the minority leader of the Senate. (4) 3 members shall be appointed by the Speaker of the House of Representatives. (5) 3 members shall be appointed by the minority leader of the House of Representatives. (6) 1 member (who shall serve as the Chair of the Commission) shall be appointed jointly by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives. (b) Terms.--Members of the Commission shall be appointed not later than 30 days after the date of enactment of this Act. Appointments shall be for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Additional meetings.--The Commission shall meet at the call of the Chair or a majority of its members. (e) Quorum.--A majority of the Commission shall constitute a quorum for the transaction of business. SEC. 4. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall examine issues affecting the conduct and administration of elections for Federal, State, and local offices in the United States and make recommendations on its findings. (b) Specific Issues To Be Addressed.--Among other issues the Commission determines are relevant, the Commission shall examine and make recommendations on the following issues: (1) Electoral college.--Issues relating to the electoral college, including its impact on voter turnout and alternative methods of allocating electoral votes among candidates. (2) Voter registration.--Issues relating to voter registration, including the impact and effectiveness of the National Voter Registration Act of 1993, the feasibility and effectiveness of permitting voter registration on the day of an election, and the feasibility and effectiveness of permitting voter registration through the use of the Internet. (3) Ballot design and technology.--Issues relating to the design of ballots and the technology used to process and count ballots, including whether certain types of voting equipment and technology are more likely to result in undercounted or uncounted votes, the advantages of uniform ballot designs, the need for uniform standards for the design and maintenance of voting equipment and technology, and steps the Federal Government may take to reduce counting errors, including providing need-based grants to enable State and local governments to replace outdated equipment and prohibiting the use or sale of voting equipment which produces disproportionately high error rates. (4) Polling places.--Issues relating to the timing of elections and the quality of services provided at polling places, including the feasibility and effectiveness of establishing a uniform poll closing time across the United States, establishing Election Day as a Federal public holiday, holding elections over a weekend or over other multiple days, ensuring an appropriate number of accessible polling places, ensuring that workers at polling places have sufficient training, and providing education to voters in the mechanics of voting. (5) Ballot access.--Issues relating to alternative methods of casting votes in elections, including voting through the use of the mails or the Internet, ensuring the absent military and overseas voters are able to cast votes in an effective and timely manner, and ensuring that election officials are able to verify the legality of votes cast outside of polling places. (c) Final Report.--Not later than 12 months after the date of the initial meeting of the Commission, the Commission shall submit to Congress and the President a final report which includes an analysis of the matters discussed under subsection (b) and recommendations for addressing the problems identified as part of the Commission's analysis. (d) Separate Views.--Any member of the Commission may submit additional findings and recommendations as part of the final report. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Administrative Support Services.--Upon the request of the Chair of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services that are necessary to enable the Commission to carry out its duties under this Act. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.--(1) The Chair of the Commission may appoint and terminate staff of the Commission, request the detail of Federal employees, and accept temporary and intermittent services in accordance with section 3161 of title 5, United States Code. (2) The employment of an executive director of the Commission shall be subject to the approval of the Commission. SEC. 7. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the date on which it submits its final report under section 4(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for the Commission to carry out this Act.

Election Reform Commission Act of 2001 - Establishes the Bipartisan Commission on Election Reform to examine specified kinds of issues affecting the conduct and administration of elections for Federal, State, and local offices in the United States, and to make recommendations on its findings.

To establish the Bipartisan Commission on Election Reform to study and make recommendations on issues affecting the conduct and administration of elections in the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Care Relief Act of 2008''. SEC. 2. REFUNDABLE CREDIT FOR SMALL BUSINESSES WHICH PROVIDE HEALTH CARE COVERAGE FOR EMPLOYEES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. SMALL BUSINESSES PROVIDING HEALTH CARE COVERAGE FOR EMPLOYEES. ``(a) In General.--In the case of an eligible small business, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the applicable percentage of the expenses paid or incurred by the taxpayer for qualified health care coverage of eligible employees, their spouses, and dependents (within the meaning of section 213(a)). ``(b) Applicable Percentage.--For purposes of this section, the term `applicable percentage' means-- ``(1) 50 percent if qualified health care coverage is provided by the taxpayer to an average (on days during the taxable year) of 10 or fewer eligible employees of the taxpayer, ``(2) 25 percent if qualified health care coverage is provided by the taxpayer to an average (on such days) of at least 10 but not more than 25 eligible employees of the taxpayer, and ``(3) 15 percent if qualified health care coverage is provided by the taxpayer to an average (on such days) of more than 25 eligible employees of the taxpayer. ``(c) Eligible Small Business.--For purposes of this section, the term `eligible small business' means any taxpayer engaged in a trade or business if the taxpayer meets the requirements of the following paragraphs: ``(1) 50 or fewer employees.-- ``(A) In general.--A taxpayer meets the requirements of this paragraph if the taxpayer employs an average of 50 or fewer employees on business days during the preceding taxable year. ``(B) Taxpayer not in existence.--In any case in which the taxpayer is an entity and is not in existence throughout the preceding taxable year, subparagraph (A) shall be applied by substituting `taxable year' for `preceding taxable year'. ``(2) Gross receipts limitation.-- ``(A) In general.--A taxpayer meets the requirements of this paragraph if the gross receipts of the taxpayer for the preceding taxable year do not exceed $10,000,000. ``(B) Taxpayer not in existence.--In any case in which the taxpayer is an entity and is not in existence throughout the preceding taxable year, subparagraph (A) shall be applied by substituting `taxable year' for `preceding taxable year'. ``(C) Special rules.--For purposes of subparagraph (A), the rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply. ``(3) Plan offering requirement.--A taxpayer meets the requirements of the paragraph if-- ``(A) the taxpayer offers qualified health coverage, on the same terms and conditions, to at least 90 percent of the taxpayer's eligible employees, and ``(B) such offering is made at least annually and at such other times and in such manner as the Secretary shall prescribe. ``(4) Plan participation requirement.-- ``(A) In general.--A taxpayer meets the requirements of the paragraph if the average daily percentage of eligible employees who are provided with qualified health coverage by the taxpayer during the taxable year is not less than such average for the preceding taxable year. ``(B) Exceptions.-- ``(i) Not in existence.--Subparagraph (A) shall not apply if the trade or business was not in existence throughout the preceding taxable year. ``(ii) Business decline.--Under regulations prescribed by the Secretary, subparagraph (A) shall not apply to the extent that any reduction in such percentage is the result of a reduction in the number of employees of the taxpayer on account of a reduction in the gross receipts of the taxpayer. ``(5) Minimum employer payment.--A taxpayer meets the requirements of the paragraph if at least 65 percent of the cost of qualified health coverage provided to each eligible employee is borne by the employer (determined without regard to this section). ``(d) Eligible Employees.--For purposes of this section, the term `eligible employee' means any employee of the taxpayer if-- ``(1) such employee is not covered under-- ``(A) any health plan of the employee's spouse, ``(B) title XVIII, XIX, or XXI of the Social Security Act, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 55 of title 10, United States Code, ``(E) chapter 89 of title 5, United States Code, or ``(F) any other provision of law, and ``(2) such employee is not a part-time or seasonal employee. ``(e) Qualified Health Coverage.--For purposes of this section, the term `qualified health coverage' means coverage under a health plan provided by the employer which is substantially equivalent on an actuarial basis to coverage provided chapter 89 of title 5, United States Code. ``(f) Special Rules.--For purposes of this section-- ``(1) Treatment of predecessors.--Any reference in paragraphs (1), (2), and (4) of subsection (c) to an entity shall include a reference to any predecessor of such entity. ``(2) Controlled groups.--All persons treated as a single employer under subsection (b) or (c) of section 52 shall be treated as 1 person. ``(3) Mergers and acquisitions.--Rules similar to the rules of subparagraphs (A) and (B) of section 41(f)(3) shall apply. ``(4) Employee to include self-employed.--The term `employee' includes an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). ``(5) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred pursuant to a salary reduction arrangement shall be taken into account under subsection (a).''. (b) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(h) Credit for Small Business Health Insurance Expenses.-- ``(1) In general.--No deduction shall be allowed for that portion of the expenses (otherwise allowable as a deduction) taken into account in determining the credit under section 36 for the taxable year which is equal to the amount of the credit allowed for such taxable year under section 36(a). ``(2) Controlled groups.--Paragraph (3) of subsection (b) shall apply for purposes of this subsection.''. (c) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 36'' after ``section 35''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following new items: ``Sec. 36. Small businesses providing health care coverage for employees. ``Sec. 37. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Small Business Health Care Relief Act of 2008 - Amends the Internal Revenue Code to allow certain small business owners with 50 or fewer employees a refundable tax credit for the payment of a portion of the health care expenses of their employees.

To amend the Internal Revenue Code of 1986 to allow small businesses a refundable income tax credit to offset the cost of providing health care coverage for employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission for American Mathematics Leadership Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Students in the United States should be the world leaders in mathematics achievement within the next decade. (2) The Third International Mathematics and Science Study (hereinafter in this Act referred to as the ``TIMSS''), the largest international study ever undertaken of how students perform in mathematics and science, demonstrated that the mathematics skills of students in the United States (including the top 10 percent of students in the United States) lag far behind the skills of students in many other nations, even though students in the United States spend more class time on mathematics and science and usually are assigned more homework. (3) Research indicates that the problems of mathematics and science education in the United States stem largely from the lack of a coherent and focused curriculum designed for high- level learning goals, the lack of assessment instruments aligned with such curricula, and the lack of a sufficient commitment by colleges and universities in the United States to high-quality teacher preparation and professional development programs. (4) Core problems exist with the courses of study and the teaching style on which many schools in the United States rely to instruct students in mathematics and science, as reflected in the conclusion of the National Science Foundation that schools in the United States teach math concepts in superficial, and ultimately ineffective, ways. (5) A developed framework for mathematics and science should be coherent, focused, and give balanced attention to basic skills, conceptual understanding, problem solving, reasoning, and communication skills, and appropriate uses of technology. (6) The failure of mathematics and science teaching methods in the United States requires a systemic retraining of, and an increased emphasis on the professional development of, teachers in the United States. (7) Teachers of mathematics and science should be well- trained professionals who combine sound knowledge of subject matter with the necessary skills and a good understanding of student learning and assessment. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is hereby established a commission to be known as the ``Commission for American Mathematics Leadership'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 12 members as follows: (1) Four members appointed by the President. (2) Four members appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives. (3) Four members appointed by the President pro tempore of the Senate, in consultation with the minority leader of the Senate. SEC. 4. DUTIES OF COMMISSION. The Commission shall, in coordination with the National Academy of Sciences-- (1) review the existing research base on mathematics education leadership, including the status of mathematics education in the United States relative to international competitors; (2) propose professional development priorities to assure that the teaching of mathematics at all educational levels in the United States is strengthened; and (3) formulate an implementation proposal, including specific recommendations which can be implemented by appropriate public and private agencies, for assuring world class achievement of the United States in mathematics education within a decade. SEC. 5. REPORT. Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the Speaker of the House of Representatives and to the President pro tempore of the Senate a report including the findings and recommendations of the Commission under section 4. SEC. 6. POWERS. The Commission may, for the purpose of carrying out its duties, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. SEC. 7. COMMISSION PROCEDURES. (a) Chairman.--A chairman of the Commission shall be elected by the members of the Commission. (b) Quorum.--Seven members of the Commission shall constitute a quorum for the purpose of conducting meetings. SEC. 8. PERSONNEL MATTERS. (a) Pay of Members.--Members of the Commission shall not be paid by reason of their service as members. (b) Travel Expenses.--The members of the Commission shall be allowed, while away from their homes or regular places of business in the performance of services for the Commission, travel expenses (including per diem in lieu of subsistence) in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5, United States Code. SEC. 9. ADMINISTRATIVE SUPPORT. The National Academy of Sciences shall provide the administrative support services necessary for the Commission to carry out its duties under this Act. SEC. 10. FUNDING. Out of any amounts appropriated for the National Science Foundation, $750,000 shall be available for activities of the Commission. SEC. 11. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required under section 5.

Commission for American Mathematics Leadership Act - Establishes the Commission for American Mathematics Leadership, which shall in coordination with the National Academy of Sciences (NAS): (1) review existing research on mathematics education leadership, including U.S. mathematics education status relative to international competitors; (2) propose professional development priorities to strengthen mathematics teaching at all U.S. educational levels; (3) formulate an implementation proposal to assure world class achievement in mathematics education by the United States within a decade; and (4) report findings and recommendations to the Congress. Directs NAS to provide administrative support services to the Commission. Makes available for Commission activities a specified amount from appropriations for the National Science Foundation.

Commission for American Mathematics Leadership Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Device Competition Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Given the increasing costs of health care in the United States, there is a compelling public interest in ensuring that there is full and free competition in the medical device and hospital supply industries so that the best and safest products are available to physicians and patients at a competitive price. (2) By aggregating purchases, hospital group purchasing can reduce the cost of acquiring medical equipment and hospital supplies so long as such purchasing is done in a manner consistent with antitrust law and free competition. (3) Some practices engaged in by certain hospital group purchasing organizations have had the effect of reducing competition in the medical device and hospital supply industries by denying some suppliers and device makers access to the hospital marketplace. (4) There is a compelling public interest in having the Secretary of Health and Human Services, in consultation with the Attorney General and Federal Trade Commission, engage in oversight and supervision of the current Federal health care program anti-kickback exemption (also known as the safe harbor) provided to group purchasing organizations under subparagraphs (C) and (E) of section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)). This oversight and supervision should ensure that the safe harbor does not shield conduct that harms competition in the hospital supply and medical device industries. SEC. 3. ENSURING FULL AND FREE COMPETITION. (a) In General.--Section 1128B(b)(3)(C) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)(C)) is amended-- (1) in clause (i), by striking ``, and'' at the end and inserting a semicolon; and (2) by adding at the end the following new clauses: ``(iii) the contracting, business, and ethical practices of the person are not inconsistent with regulations promulgated by the Secretary pursuant to subsection (g)(1); ``(iv) the person has been certified by the Secretary under subsection (g)(2) to be in compliance with the regulations promulgated pursuant to subsection (g)(1); and ``(v) the amount to be paid the person does not exceed a total of 3 percent of the purchase price of the goods or services provided by that vendor;''. (b) Regulations.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(g)(1)(A) The Secretary, in consultation with the Attorney General and the Federal Trade Commission, shall, not later than 1 year after the date of enactment of the Medical Device Competition Act of 2004, issue proposed regulations, and shall, not later than 2 years after such date of enactment, promulgate final regulations, specifying contracting, business, and ethical practices of persons described in paragraph (4) that are contrary to antitrust law and competitive principles, to ethical standards, or to the goal of ensuring that products necessary for proper patient care or worker safety are readily available to physicians, health care workers, and patients. ``(B) In issuing and promulgating regulations under subparagraph (A), the Secretary shall take into account-- ``(i) the compelling public policy goals of-- ``(I) encouraging competition and innovation in the hospital supply and medical device markets; and ``(II) reducing the cost of health care as a result of aggregating buying power; ``(ii) the potentially detrimental impact of certain anticompetitive contracting practices; and ``(iii) the need to avoid conflicts of interests and other unethical practices by persons described in paragraph (4). ``(2) The Secretary, in consultation with the Attorney General and the Federal Trade Commission, shall establish procedures for annually certifying that persons described in paragraph (4) are in compliance with the final regulations promulgated pursuant to paragraph (1). ``(3) The Secretary, in consultation with the Attorney General and Federal Trade Commission, shall, not less than 6 months after the date of enactment of the Medical Device Competition Act of 2004, issue proposed regulations, and shall, not later than 1 year after such date of enactment, promulgate final regulations, to clarify its regulations promulgated pursuant to section 14(a) of the Medicare and Medicaid Patient and Program Protection Act of 1987 to specify that the definition of `remuneration' under this section with respect to persons described in paragraph (4)-- ``(A) includes only those reasonable costs associated with the procurement of products and the administration of valid contracts; and ``(B) does not include marketing costs, any extraneous fees, or any other payment intended to unduly or improperly influence the award of a contract based on factors other than the cost, quality, safety, or efficacy of the product. ``(4) A person described in this paragraph is a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursable under a Federal health care program.''. (c) Definition of Purchasing Agent.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b), as amended by subsection (b), is amended by adding at the end the following new subsection: ``(h) For purposes of this section, the term `purchasing agent' means any individual, organization, or other entity that negotiates and implements contracts to purchase hospital supplies or medical equipment, devices, products, or goods or services of any kind for any group of individuals or entities who are furnishing services reimbursable under a Federal health care program, including organizations commonly known as `group purchasing organizations'.''. (d) Effective Date.--Clause (v) of section 1128B(b)(3)(C) of the Social Security Act (42 U.S.C. 1320a-7b(b)(3)(C)), as added by subsection (a), shall take effect 1 year after the date of enactment of this Act.

Medical Device Competition Act of 2004 - Amends title XI of the Social Security Act with respect to competition in the medical device and hospital supply industries. Adds a new requirement to the criteria for exemption from criminal penalties for illegal remunerations accorded to any amount paid by a vendor of goods or services to a person authorized to act as a purchasing agent for a group of individuals or entities who are furnishing services reimbursed under a Federal health care program. Requires, in addition to a written contract specifying the amount to be paid, and service provider disclosure of the amount received from a vendor, that: (1) the contracting, business, and ethical practices of the purchasing agent be not inconsistent with regulations promulgated by the Secretary of Health and Human Services; (2) the purchasing agent be certified to be in compliance with such regulations; and (3) the amount to be paid the purchasing agent does not exceed a total of three percent of the purchase price of the goods or services provided by that vendor. Directs the Secretary to promulgate regulations specifying the contracting, business, and ethical practices of an authorized purchasing agent that are contrary to antitrust law and competitive principles, to ethical standards, or to the goal of ensuring that products necessary for proper patient care or worker safety are readily available to physicians, health care workers, and patients.

A bill to amend title XI of the Social Security Act to ensure full and free competition in the medical device and hospital supply industries.

SECTION 1. REPEAL OF AUTHORITY FOR ADJUSTMENTS TO PER DIEM PAYMENTS TO HOMELESS VETERANS SERVICE CENTERS FOR RECEIPT OF OTHER SOURCES OF INCOME. Section 2012(a)(2) of title 38, United States Code, is amended-- (1) by striking subparagraphs (B), (C), and (D); and (2) in subparagraph (A)-- (A) by striking ``The rate'' and inserting ``Except as provided in subparagraph (B), the rate''; (B) by striking ``adjusted by the Secretary under subparagraph (B)''; and (C) by designating the second sentence as subparagraph (B) and indenting the margin of such subparagraph, as so designated, two ems from the left margin. SEC. 2. DEMONSTRATION PROGRAM ON PREVENTING VETERANS AT-RISK OF HOMELESSNESS FROM BECOMING HOMELESS. (a) Demonstration Program.--The Secretary of Veterans Affairs shall carry out (subject to the availability of appropriations) a demonstration program for the purpose of-- (1) identifying members of the Armed Forces on active duty who are at risk of becoming homeless after they are discharged or released from active duty; and (2) providing referral, counseling, and supportive services, as appropriate, to help prevent such members, upon becoming veterans, from becoming homeless. (b) Program Locations.--The Secretary shall carry out the demonstration program in at least three locations. (c) Identification Criteria.--In developing and implementing the criteria to identify members of the Armed Forces, who upon becoming veterans, are at-risk of becoming homeless, the Secretary of Veterans Affairs shall consult with the Secretary of Defense and such other officials and experts as the Secretary considers appropriate. (d) Contracts.--The Secretary of Veterans Affairs may enter into contracts to provide the referral, counseling, and supportive services required under the demonstration program with entities or organizations that meet such requirements as the Secretary may establish. (e) Sunset.--The authority of the Secretary under subsection (a) shall expire on September 30, 2011. (f) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for the purpose of carrying out the provisions of this section. SEC. 3. EXPANSION AND EXTENSION OF AUTHORITY FOR PROGRAM OF REFERRAL AND COUNSELING SERVICES FOR AT-RISK VETERANS TRANSITIONING FROM CERTAIN INSTITUTIONS. (a) Program Authority.--Subsection (a) of section 2023 of title 38, United States Code, is amended by striking ``a demonstration program for the purpose of determining the costs and benefits of providing'' and inserting ``a program of''. (b) Scope of Program.--Subsection (b) of such section is amended-- (1) by striking ``Demonstration'' in the subsection heading; (2) by striking ``demonstration''; and (3) by striking ``in at least six locations'' and inserting ``in at least 12 locations''. (c) Extension of Authority.--Subsection (d) of such section is amended by striking ``shall cease'' and all that follows and inserting ``shall cease on September 30, 2011.''. (d) Conforming Amendments.-- (1) Subsection (c)(1) of such section is amended by striking ``demonstration''. (2) The heading of such section is amended to read as follows: ``Sec. 2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions''. (3) Section 2022(f)(2)(C) of such title is amended by striking ``demonstration''. (e) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2023 and inserting the following: ``2023. Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions.''. SEC. 4. AVAILABILITY OF GRANT FUNDS TO SERVICE CENTERS FOR PERSONNEL. Section 2011 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(i) Availability of Grant Funds for Service Center Personnel.--A grant under this section for a service center for homeless veterans may be used to provide funding for staff as necessary in order for the center to meet the service availability requirements of subsection (g)(1).''. SEC. 5. PERMANENT AUTHORITY FOR DOMICILIARY SERVICES FOR HOMELESS VETERANS AND ENHANCEMENT OF CAPACITY OF DOMICILIARY CARE PROGRAMS FOR FEMALE VETERANS. Subsection (b) of section 2043 of title 38, United States Code, is amended to read as follows: ``(b) Enhancement of Capacity of Domiciliary Care Programs for Female Veterans.--The Secretary shall take appropriate actions to ensure that the domiciliary care programs of the Department are adequate, with respect to capacity and with respect to safety, to meet the needs of veterans who are women.''.

Repeals the requirement that the Secretary of Veterans Affairs adjust the per diem payments made to veterans under the homeless veterans' comprehensive services program of the Department of Veterans Affairs (VA) to exclude sources of income from other federal, state, or local governments, departments, agencies, or entities. Directs the Secretary to carry out a demonstration program to prevent veterans who are at risk of homelessness after discharge or release from active military duty from becoming homeless. Amends a demonstration program of referral and counseling for veterans transitioning from certain institutions who are at risk of homelessness to: (1) remove the "demonstration" designation of the program; (2) require the program to be carried out in 12 (under current law, at least six) locations; and (3) extend the program through FY2012. Allows homeless veterans' comprehensive services grant funds to be used to provide funding for service center staff. Repeals a provision limiting to FY2003 and FY2004 the funding for VA domiciliary care programs for homeless veterans. Requires the Secretary to ensure that such programs are adequate, with respect to capacity and safety, to meet the needs of women veterans.

To amend title 38, United States Code, to repeal authority for adjustments to per diem payments to homeless veterans service centers for receipt of other sources of income, to extend authorities for certain programs to benefit homeless veterans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Savings and Resilient Construction Act of 2013''. SEC. 2. DISASTER RESILIENT PROPERTY TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30D the following new section: ``SEC. 30E. DISASTER RESILIENT PROPERTY. ``(a) General Rule.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable amount for each qualified building placed in service during the taxable year. ``(b) Applicable Amount.--For purposes of subsection (a)-- ``(1) Commercial property.--In the case of a qualified commercial property, the applicable amount is the lesser of-- ``(A) 1 percent of the cost of the building, or ``(B) $25,000 per building. ``(2) Residential property.--In the case of a qualified residential property, the applicable amount is the lesser of-- ``(A) 1 percent of the cost of the property (or construction cost for rehabilitation of the property), or ``(B) $3,000 per property. ``(c) Qualified Building.--For purposes of subsection (a)-- ``(1) In general.--The term `qualified building' means a building-- ``(A) owned by the taxpayer in a disaster area determined as a result of a federally declared major disaster, ``(B) the construction of which began after the date of such disaster in that area, ``(C) which-- ``(i) is qualified commercial property placed in service for commercial purposes, or ``(ii) is qualified residential property is placed in service for residential purposes, and ``(D) for which a certificate of occupancy is issued before the end of the 3-year period beginning on the date of such disaster declaration in that area. ``(2) Qualified commercial property.--The term `qualified commercial property' means a building that is-- ``(A) located in the United States, ``(B) defined in the scope of the 2009 or later International Building Code published by the International Code Council, and ``(C) designed and constructed to meet resilient construction requirements. ``(3) Qualified residential property.--The term `qualified residential property' means a building that is-- ``(A) located in the United States, ``(B) defined in the scope of the 2009 or later International Residential Code published by the International Code Council, and ``(C) designed and constructed to meet resilient construction requirements. ``(d) Resilient Construction Requirements.--For purposes of this section-- ``(1) In general.--The resilient construction requirements with respect to a property are that the property is designed and constructed to-- ``(A) resist hazards brought on by a major disaster and continues to provide its primary functions after a major disaster, ``(B) reduce the magnitude or duration of a disruptive event, and ``(C) have the absorptive capacity, adaptive capacity, recoverability to withstand a potentially disruptive event. ``(2) Treated as meeting resiliency requirements.--For purposes of paragraph (1)-- ``(A) in the case of a qualified commercial property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which-- ``(i) was designed to meet the requirements of the 2009 or later International Building Code published by the International Code Council and received the Insurance Institute for Business and Home Safety FORTIFIED for Safer Business designation, or ``(ii) was designed and built in a jurisdiction that requires commercial buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Business Standards published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction, and ``(B) in the case of a qualified residential property, the property shall be treated as meeting the requirements specified in paragraph (1) if the property is a building which was designed to meet the requirements of the 2009 or later International Residential Code published by the International Code Council, and meets one of the following requirements: ``(i) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Safer Living designation. ``(ii) The building received the Insurance Institute for Business and Home Safety as FORTIFIED for Existing Homes designation, silver level. ``(iii) It was designed and built in a jurisdiction that requires residential buildings to meet the requirements of the 2009 or later International Building Code published by the International Code Council with amendments that are equivalent or more restrictive than the requirements described in FORTIFIED for Safer Living Builders Guide published by the Insurance Institute for Business and Home Safety and received a certificate of occupancy (or other documentation stating that it has met the requirements of the building code) from the jurisdiction. ``(3) Absorptive capacity.--The term `absorptive capacity' means the ability of the construction to endure a disruption without significant deviation from normal operating performance. ``(4) Adaptive capacity.--The term `adaptive capacity' means the ability of the construction to adapt to a drastic change in normal operating conditions. ``(5) Recoverability.--The term `recoverability' means the ability of the construction to recover quickly, and at low cost, from potentially disruptive events. ``(e) Other Definitions.--For purposes of this section-- ``(1) Construction.--The term `construction' includes new construction and reconstruction and rehabilitation that meets resilient construction requirements. ``(2) Federally declared major disaster.--The term `federally declared major disaster' means a disaster subsequently determined by the President of the United States to be a `major disaster' that warrants assistance by the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(3) Disaster area.--The term `disaster area' means the area so determined to warrant such assistance. ``(f) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(g) Basis Reduction.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ``(h) Termination.--This section shall not apply to any property for which a certificate for occupancy is issued after December 31, 2017.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code, as amended by this Act, 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 portion of the disaster resilient property credit to which section 30E(f)(1) applies.''. (c) Basis Adjustment.--Subsection (a) of section 1016 is amended by striking ``and'' at the end of paragraph (30), by striking the period at the end of paragraph (31) and inserting a comma, by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30E(g), in the case of amounts with respect to which a credit has been allowed under section 30E.''. (d) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new item: ``Sec. 30E. Disaster resilient property.''. (e) Effective Date.--The amendments made by this section shall apply to property for which a certificate for occupancy is issued after the date of the enactment of this Act.

Disaster Savings and Resilient Construction Act of 2013 - Amends the Internal Revenue Code to allow a business-related tax credit for a specified portion of the cost of commercial and residential buildings that comply with resilient construction requirements in a federally-declared major disaster area. Defines "resilient construction requirements" as requirements that such buildings are designed and constructed to: (1) resist hazards brought on by a major disaster; (2) continue to provide their primary functions after a major disaster; (3) reduce the magnitude or duration of a disruptive event; and (4) have the absorptive capacity, adaptive capacity, and recoverability to withstand a potentially disruptive event. Terminates such credit for any any property for which a certificate of occupancy is issued after December 31, 2017.

Disaster Savings and Resilient Construction Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Character Education Act of 1993''. SEC. 2. PURPOSE. The purposes of this Act are-- (1) to explore, assess, and stimulate a variety of approaches to character education; (2) to lend Federal support to local and State character education programs that seek to promote commonly accepted civic and character values and the principles of democracy. SEC. 3. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) many Americans of all economic and social levels and ages no longer make determinations of right and wrong as to their own actions or the actions of others in matters of both public and private concern; (2) educational institutions, which have traditionally played a role in assisting students to make such determinations, no longer receive explicit authority or proper assistance necessary to fulfill this responsibility; (3) the Nation has witnessed a national moral recession in governmental and political activities, scientific research, and business and commerce, in which individuals have failed to consider the ethics governing their behavior; (4) statistics show alarming incidents in individual and gang violence, drug and substance abuse, and suicide among both young people and adults; (5) polls show that Americans overwhelmingly prize values such as honesty, but believe that people are less honest today than in the past; (6) leaders representing a broad spectrum of political, social, and religious backgrounds believe that education in moral issues contributes to good citizenship and have called for strengthening the teaching of democratic values; (7) local character education programs have shown positive results in reducing negative student behavior, including violence, vandalism, and disrespect for others, and in promoting an understanding of shared civic and character values; (8) training in ethics is an ongoing concern in business and industry and in public service; and (9) while education remains the responsibility of local and State governments, the Congress and the Federal Government may appropriately provide assistance to educational agencies and institutions attempting to promote ethics, civic and character values, and the principles of democracy through character education programs. SEC. 4. DEFINITION. For purposes of this Act, the term ``character education'' means the teaching of commonly accepted civic and character values and the principles of democracy that contribute to ethical behavior. TITLE I--CHARACTER EDUCATION DEMONSTRATION PROGRAM SEC. 101. AMENDMENT TO SECRETARY'S FUND FOR INNOVATION IN EDUCATION. (a) Program Authorized.--Paragraph (2) of section 4601(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3151(a)) is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by adding at the end the following: ``(E) help stimulate understanding of ethics, civic and character values, and the principles of democracy as a means of enhancing and improving elementary and secondary education in accordance with section 4610.''. (b) Character Education Demonstration Program.--Part F of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3151 et seq.) is amended-- (1) by redesignating section 4610 as section 4611; and (2) by inserting before section 4611 (as redesignated by paragraph (1) of this subsection) the following: ``SEC. 4610. CHARACTER EDUCATION DEMONSTRATION PROGRAM. ``(a) General Authority.--The Secretary is authorized to make grants to State educational agencies, local educational agencies, institutions of higher education, and other public and private agencies, organizations, and institutions to conduct character education activities designed to help stimulate understanding of ethics, civic and character values, and the principles of democracy as a means of enhancing and improving elementary and secondary education. ``(b) Uses of Funds.--Grants made under this section may be used for-- ``(1) the development of teaching materials for character education; ``(2) teacher training and seminars; ``(3) the establishment of clearinghouses for character education programs; ``(4) proposals seeking to involve the entire school environment; ``(5) research and followup studies of existing programs of character and civic values and ethics education; ``(6) projects that measure and evaluate the effectiveness of ongoing character education programs; ``(7) character and values education projects demonstrating a beneficial effect on individual ethical behavior and on the incidence of individual and gang violence, drug and substance abuse, and suicide; ``(8) projects that assist in identifying a consensus of values within a community that may be appropriately promoted in schools of the community; and ``(9) projects that seek to develop model programs to promote character and civic values, ethics, and responsible citizenship. ``(c) Application.--Each applicant desiring to receive a grant under this section shall submit an application in such form, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. Each such application shall-- ``(1) identify civic and character values and ethics that receive widespread support from a consensus of individuals in the community served; ``(2) describe the school population intended to benefit from the proposed activities; ``(3) demonstrate how the proposal fulfills the purpose described in subsection (a); ``(4) describe the methods to be used to evaluate the results of the proposed activities; and ``(5) provide assurances that the applicant will appoint an advisory board to assist the applicant in conducting the proposed activities, which board shall consist of individuals representative of-- ``(A) parents; ``(B) educators and teachers; ``(C) community leaders; ``(D) social service professionals; ``(E) business leaders; and ``(F) the general public.''. TITLE II--NATIONAL CONFERENCE ON CHARACTER EDUCATION SEC. 201. NATIONAL CONFERENCE. (a) Establishment.--The Secretary of Education shall sponsor a National Character Education Conference (referred to in this title as the ``conference'') not later than 60 days after the date of the enactment of this Act to evaluate local and State character education programs throughout the Nation. (b) Membership.--The Secretary of Education shall invite individuals who have expertise regarding character education to participate as members in the conference, including-- (1) parents; (2) teachers; (3) educators; (4) community leaders; (5) social service professionals; (6) business leaders; (7) philosophers; (8) government officials; (9) representatives of the arts, entertainment, and sports fields; and (10) the general public. SEC. 202. DUTIES. Members of the conference shall-- (1) assess and evaluate what types of character education programs are available at the State and local level; (2) assess and evaluate programs used by schools to teach students character education; (3) determine how to measure the content and efficacy of character education programs in preparing students as productive members of society; (4) determine how the Government can assist with the development and implementation of character education programs; and (5) evaluate and make recommendations regarding successful teaching methods and models for character education. SEC. 203. REPORTS. The Secretary of Education shall submit to the Congress a report which states the findings, conclusions, and recommendations of the conference not later than 180 days after the conference is held.

TABLE OF CONTENTS: Title I: Character Education Demonstration Program Title II: National Conference on Character Education Character Education Act of 1993 - Title I: Character Education Demonstration Program - Amends the Elementary and Secondary Education Act to provide for an ethics and values demonstration program under the Secretary's Fund for Innovation in Education. Authorizes the Secretary of Education to make grants to State educational agencies, local educational agencies, institutions of higher education, and other public and private organizations to conduct activities designed to stimulate understanding of ethics, civic and character values, and the principles of democracy as a means of enhancing and improving elementary and secondary education. Title II: National Conference on Character Education - Directs the Secretary of Education to sponsor the National Conference on Character Education. Directs the Secretary to report, with recommendations, to the Congress after such Conference.

Character Education Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Regulatory Transition Act of 1995''. SEC. 2. FINDING. The Congress finds that effective steps for improving the efficiency and proper management of Government operations, including enactment of a new law or laws to require (1) that the Federal rulemaking process include cost/benefit analysis, including analysis of costs resulting from the loss of property rights, and (2) for those Federal regulations that are subject to risk analysis and risk assessment that those regulations undergo standardized risk analysis and risk assessment using the best scientific and economic procedures, will be promoted if a moratorium on new rulemaking actions is imposed and an inventory of such action is conducted. SEC. 3. MORATORIUM ON REGULATIONS. (a) Moratorium.--Until the end of the moratorium period, a Federal agency may not take any regulatory rulemaking action, unless an exception is provided under section 5. Beginning 30 days after the date of the enactment of this Act, the effectiveness of any regulatory rulemaking action taken or made effective during the moratorium period but before the date of the enactment shall be suspended until the end of the moratorium period, unless an exception is provided under section 5. (b) Inventory of Rulemakings.--Not later than 30 days after the date of the enactment of this Act, the President shall conduct an inventory and publish in the Federal Register a list of all regulatory rulemaking actions covered by subsection (a) taken or made effective during the moratorium period but before the date of the enactment. SEC. 4. SPECIAL RULE ON STATUTORY, REGULATORY, AND JUDICIAL DEADLINES. (a) In General.--Any deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period is extended for 5 months or until the end of the moratorium period, whichever is later. (b) Deadline Defined.--The term ``deadline'' means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal statute or regulation, or by or under any court order implementing any Federal statute or regulation. (c) Identification of Postponed Deadlines.--Not later than 30 days after the date of the enactment of this Act, the President shall identify and publish in the Federal Register a list of deadlines covered by subsection (a). SEC. 5. EMERGENCY EXCEPTIONS; EXCLUSIONS. (a) Emergency Exception.--Section 3(a) or 4(a), or both, shall not apply to a regulatory rulemaking action if-- (1) the head of a Federal agency otherwise authorized to take the action submits a written request to the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget and submits a copy thereof to the appropriate committees of each House of the Congress; (2) the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget finds in writing that a waiver for the action is (A) necessary because of an imminent threat to health or safety or other emergency, or (B) necessary for the enforcement of criminal laws; and (3) the Federal agency head publishes the finding and waiver in the Federal Register. (b) Exclusions.--The head of an agency shall publish in the Federal Register any action excluded because of a certification under section 6(3)(B). (c) Civil Rights Exception.--Section 3(a) or 4(a), or both, shall not apply to a regulatory rulemaking action to establish or enforce any statutory rights against discrimination on the basis of age, race, religion, gender, national origin, or handicapped or disability status except such rulemaking actions that establish, lead to, or otherwise rely on the use of a quota or preference based on age, race, religion, gender, national origin, or handicapped or disability status. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Federal agency.--The term ``Federal agency'' means any agency as that term is defined in section 551(1) of title 5, United States Code (relating to administrative procedure). (2) Moratorium period.--The term ``moratorium period'' means the period of time-- (A) beginning November 20, 1994; and (B) ending on the earlier of-- (i) the first date on which there have been enacted one or more laws that-- (I) require that the Federal rulemaking process include cost/benefit analysis, including analysis of costs resulting from the loss of property rights; and (II) for those Federal regulations that are subject to risk analysis and risk assessment, require that those regulations undergo standardized risk analysis and risk assessment using the best scientific and economic procedures; or (ii) December 31, 1995; except that in the case of a regulatory rulemaking action with respect to determining that a species is an endangered species or a threatened species under section 4(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(1)) or designating critical habitat under section 4(a)(3) of that Act (16 U.S.C. 1533(a)(3)), the term means the period of time beginning on the date described in subparagraph (A) and ending on the earlier of the first date on which there has been enacted after the date of the enactment of this Act a law authorizing appropriations to carry out the Endangered Species Act of 1973, or December 31, 1996. (3) Regulatory rulemaking action.-- (A) In general.--The term ``regulatory rulemaking action'' means any rulemaking on any rule normally published in the Federal Register, including-- (i) the issuance of any substantive rule, interpretative rule, statement of agency policy, notice of inquiry, advance notice of proposed rulemaking, or notice of proposed rulemaking, and (ii) any other action taken in the course of the process of rulemaking (except a cost benefit analysis or risk assessment, or both). (B) Exclusions.--The term ``regulatory rulemaking action'' does not include-- (i) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to repealing, narrowing, or streamlining a rule, regulation, or administrative process or otherwise reducing regulatory burdens; (ii) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to matters relating to military or foreign affairs functions, statutes implementing international trade agreements, including all agency actions required by the Uruguay Round Agreements Act, or agency management, personnel, or public property, loans, grants, benefits, or contracts; (iii) any agency action that the head of the agency and the Administrator of the Office of Information and Regulatory Affairs within the Office of Management and Budget certify in writing is limited to a routine administrative function of the agency; (iv) any agency action that-- (I) is taken by an agency that supervises and regulates insured depository institutions, affiliates of such institutions, credit unions, or government sponsored housing enterprises; and (II) the head of the agency certifies would meet the standards for an exception or exclusion described in this Act; or (v) any agency action that the head of the agency certifies is limited to interpreting, implementing, or administering the internal revenue laws of the United States. (4) Rule.--The term ``rule'' means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy. Such term does not include the approval or prescription, on a case-by-case or consolidated case basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations, costs, or accounting, or practices bearing on any of the foregoing, nor does it include any action taken in connection with the safety of aviation or any action taken in connection with the implementation of monetary policy or to ensure the safety and soundness of federally insured depository institutions, any affiliate of such an institution, credit unions, or government sponsored housing enterprises or to protect the Federal deposit insurance funds. Such term also does not include granting an application for a license, registration, or similar authority, granting or recognizing an exemption, granting a variance or petition for relief from a regulatory requirement, or other action relieving a restriction (including any agency action which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including but not limited to hunting, fishing, and camping, if a Federal law prohibits the recreational or subsistence activity in the absence of the agency action) or taking any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. (5) Rulemaking.--The term ``rulemaking'' means agency process for formulating, amending, or repealing a rule. (6) License.--The term ``license'' means the whole or part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission. (7) Imminent threat to health or safety.--The term ``imminent threat to health or safety'' means the existence of any condition, circumstance, or practice reasonably expected to cause death, serious illness, or severe injury to humans, or substantial endangerment to private property during the moratorium period. SEC. 7. LIMITATION ON CIVIL ACTIONS. No private right of action may be brought against any Federal agency for a violation of this Act. This prohibition shall not affect any private right of action or remedy otherwise available under any other law. SEC. 8. RELATIONSHIP TO OTHER LAW; SEVERABILITY. (a) Applicability.--This Act shall apply notwithstanding any other provision of law. (b) Severability.--If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. SEC. 9. REGULATIONS TO AID BUSINESS COMPETITIVENESS. Section 3(a) or 4(a), or both, shall not apply to any of the following regulatory rulemaking actions (or any such action relating thereto): (1) Conditional release of textile imports.--A final rule published on December 2, 1994 (59 Fed. Reg. 61798), to provide for the conditional release by the Customs Service of textile imports suspected of being imported in violation of United States quotas. (2) Textile imports.--Any action which the head of the relevant agency and the Administrator of the Office of Information and Regulatory Affairs certify in writing is a substantive rule, interpretive rule, statement of agency policy, or notice of proposed rulemaking to interpret, implement, or administer laws pertaining to the import of textiles and apparel including section 334 of the Uruguay Round Agreements Act (P.L. 103-465), relating to textile rules of origin. (3) Customs modernization.--Any action which the head of the relevant agency and the Administrator of the Office of Information and Regulatory Affairs certify in writing is a substantive rule, interpretive rule, statement of agency policy, or notice of proposed rulemaking to interpret, implement, or administer laws pertaining to the customs modernization provisions contained in title VI of the North American Free Trade Agreement Implementation Act (P.L. 103- 182). (4) Actions with respect to china regarding intellectual property protection and market access.--A regulatory rulemaking action providing notice of a determination that the People's Republic of China's failure to enforce intellectual property rights and to provide market access is unreasonable and constitutes a burden or restriction on United States commerce, and a determination that trade action is appropriate and that sanctions are appropriate, taken under section 304(a)(1)(A)(ii), section 304(a)(1)(B), and section 301(b) of the Trade Act of 1974 and with respect to which a notice of determination was published on February 7, 1995 (60 Fed. Reg. 7230). (5) Transfer of spectrum.--A regulatory rulemaking action by the Federal Communications Commission to transfer 50 megahertz of spectrum below 5 GHz from government use to private use, taken under the Omnibus Budget Reconciliation Act of 1993 and with respect to which notice of proposed rulemaking was published at 59 Federal Register 59393. (6) Personal communications services licenses.--A regulatory rulemaking action by the Federal Communications Commission to establish criteria and procedures for issuing licenses utilizing competitive bidding procedures to provide personal communications services-- (A) taken under section 309(j) of the Communications Act and with respect to which a final rule was published on December 7, 1994 (59 Fed. Reg. 63210); or (B) taken under sections 3(n) and 332 of the Communications Act and with respect to which a final rule was published on December 2, 1994 (59 Fed. Reg. 61828). (7) Wide-area specialized mobile radio licenses.--A regulatory rulemaking action by the Federal Communications Commission to provide for competitive bidding for wide-area specialized mobile radio licenses, taken under section 309(j) of the Communications Act and with respect to which a proposed rule was published on February 14, 1995 (60 Fed. Reg. 8341). (8) Improved trading opportunities for regional exchanges.--A regulatory rulemaking action by the Securities and Exchange Commission to provide for increased competition among the stock exchanges, taken under the Unlisted Trading Privileges Act of 1994 and with respect to which proposed rulemaking was published on February 9, 1995 (60 Fed. Reg. 7718). SEC. 10. DELAYING EFFECTIVE DATE OF RULES WITH RESPECT TO SMALL BUSINESSES. (a) Delay Effectiveness.--For any rule resulting from a regulatory rulemaking action that is suspended or prohibited by this Act, the effective date of the rule with respect to small businesses may not occur before six months after the end of the moratorium period. (b) Small Business Defined.--In this section, the term ``small business'' means any business with 100 or fewer employees. Passed the House of Representatives February 24, 1995. Attest: ROBIN H. CARLE, Clerk.

Regulatory Transition Act of 1995 - Establishes a moratorium on Federal regulatory rulemaking actions, with certain emergency exceptions for designated imminent threats to health or safety, actions necessary for enforcement of criminal laws, and actions to establish or enforce specified civil rights. (Sec. 3) Extends such moratorium from November 20, 1994, until the earlier of December 31, 1995, or the first date on which there have been enacted one or more laws that: (1) require the Federal rulemaking process to include cost-benefit analysis (including analysis of costs resulting from the loss of property rights); and (2) for those Federal regulations subject to risk analysis and risk assessment, require that they undergo standardized risk analysis and risk assessment using the best scientific and economic procedures. Sets a special moratorium period for regulatory rulemaking action with respect to determining an endangered species or a threatened species, or designating a critical habitat, under the Endangered Species Act of 1973. Extends such moratorium from November 20, 1994, through the earlier of December 31, 1996, or the first date on which there has been enacted (after enactment of this Act) a law authorizing appropriations to carry out the Endangered Species Act of 1973. Suspends (subject to emergency, criminal law enforcement, and civil rights exceptions), starting 30 days after enactment of this Act, until the end of the moratorium period, the effectiveness of any regulatory rulemaking action taken or made effective during the moratorium period but before enactment of this Act. (Sec. 4) Extends for five months or until the end of the moratorium period, whichever is later, any statutory, regulatory, or judicial deadline for, relating to, or involving any action dependent upon, any regulatory rulemaking actions authorized or required to be taken before the end of the moratorium period. Requires the President to inventory and publish in the Federal Register a list of all covered regulatory rulemaking actions taken or made effective, and any statutory, regulatory, and judicial deadlines falling, during the moratorium period but before the date of enactment of this Act. (Sec. 6) Excludes from the meaning of rule (and so exempt from this moratorium): (1) the approval or prescription, on a case-by-case or consolidated basis, for the future of rates, wages, corporation, or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor, or of valuations, costs, or accounting, or practices bearing on any of the foregoing; (2) any action taken in connection with the safety of aviation, the implementation of monetary policy, the safety and soundness of federally insured depository institutions (or affiliates), credit unions, or government sponsored housing enterprises, or the protection of Federal deposit insurance funds; and (3) the granting of an application for a license, registration, or similar authority, the granting or recognition of an exception, the granting of a variance or petition for relief from a regulatory requirement, or other action relieving a restriction, or any action necessary to permit new or improved applications of technology or allow the manufacture, distribution, sale, or use of a substance or product. Specifies that moratorium-exempt agency actions to relieve restrictions include any action which establishes, modifies, or conducts a regulatory program for a recreational or subsistence activity, including but not limited to hunting, fishing, and camping, if a Federal law prohibits such activity in the absence of agency action. (Sec. 7) Declares that no private right of action may be brought against any Federal agency for violation of this Act. States that this prohibition shall not affect any private right of action or remedy otherwise available under any other law. (Sec. 9) Exempts from the moratorium imposed by this Act specified regulatory rulemaking actions (or any related action) dealing with: (1) textile imports; (2) customs modernization; (3) intellectual property protection and market access in China; (4) Federal Communications Commission transfer of 50 megahertz of spectrum below 5 GHz from government to private use; (5) personal communications services licenses; (6) wide-area specialized mobile radio licenses; and (7) improved trading opportunities for regional exchanges. (Sec. 10) Delays until six months after the end of the moratorium period the effective date of any rule with respect to small businesses (with 100 or fewer employees) that resulted from a regulatory rulemaking action suspended or prohibited by this Act.

Regulatory Transition Act of 1995

SECTION 1. CREDIT FOR PRODUCING INDIAN OIL OR GAS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 29 the following new section: ``SEC. 29A. CREDIT FOR PRODUCING INDIAN OIL OR GAS. ``(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-- ``(1) $6.12, multiplied by ``(2) the barrel-of-oil equivalent of Indian oil or gas-- ``(A) sold by the taxpayer to an unrelated person during the taxable year, and ``(B) the production of which is attributable to the taxpayer. ``(b) Limitations and Adjustments.-- ``(1) Phaseout of credit.--The amount of the credit allowable under subsection (a) shall be reduced by an amount which bears the same ratio to the amount of the credit (determined without regard to this paragraph) as-- ``(A) the amount by which the reference price for the calendar year in which the sale occurs exceeds $47.90, bears to ``(B) $12.23. ``(2) Credit and phaseout adjustment based on inflation.-- The $6.12 amount in subsection (a) and the $47.90 and $12.23 amounts in paragraph (1) shall each be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale occurs. ``(3) Limitation based on amount of tax.--The credit allowed by subsection (a) for any taxable year shall not exceed the sum of the regular tax and the tax imposed by section 55 for such taxable year, reduced by the sum of the credits allowable under subpart A and sections 27 and 29. ``(4) Carryback and carryover of excess credits.-- ``(A) In general.--If the sum of the credit allowed by this section for a taxable year plus the amount of the carryforwards to the taxable year under this paragraph exceeds the limitation imposed by paragraph (3) for such taxable year (in this paragraph referred to as the `excess credit year'), such excess shall be-- ``(i) a carryback to each of the 3 taxable years preceding the excess credit year, and ``(ii) a carryforward to each of the 20 taxable years following the excess credit year, and, subject to the limitation imposed by paragraph (3), shall be taken into account under subsection (a). ``(B) Amount carried to each year.-- ``(i) Entire amount carried to first year.--The entire amount of the excess credit for an excess credit year shall be carried first to the earliest of the 23 taxable years to which (by reason of this paragraph) such credit may be carried. ``(ii) Amount carried to other 22 years.-- The amount of the excess credit for the excess credit year shall be carried to each of the other 22 years to the extent that such excess credit may not be taken into account under subsection (a) for a prior taxable year because of the limitation imposed by paragraph (3) of this subsection. ``(c) Definition of Indian Oil or Gas.--For purposes of this section, the term `Indian oil or gas' means oil or gas that is produced-- ``(1) from oil or gas deposits that are either held by the United States in trust for the benefit of any Indian tribe or individual Indian or held by any Indian tribe or individual Indian subject to a restriction imposed by the United States against alienation, and ``(2) pursuant to a lease or other agreement issued or approved by the United States. ``(d) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group that owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States, including-- ``(A) any Native village (as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c), whether organized traditionally or pursuant to the Act of June 18, 1934 (commonly known as the Indian Reorganization Act (25 U.S.C. 461 et seq.)), and ``(B) any Regional Corporation or Village Corporation (as defined in sections 3(g) and 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(g) and 1602(j)), respectively), that is recognized as eligible for the special programs and services provided by the United States under Federal law to Indians because of their status as Indians. ``(2) Individual indian.--The term `individual Indian' means any individual member of an Indian tribe or Alaska Native who owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States. ``(3) Computation of inflation adjustment factor and reference price.--The inflation adjustment factor and the reference price for any calendar year shall be determined as provided in section 29(d)(2), except such section shall be applied by substituting `calendar year 2001' for `calendar year 1979' in subparagraph (B) thereof. ``(4) Other definitions.--The terms `barrel-of-oil equivalent' and `barrel' have the meanings given such terms by paragraphs (5) and (6) of section 29(d), respectively. ``(5) Certain rules made applicable.--For purposes of this section, paragraphs (3), (7), and (8) of section 29(d) shall apply. ``(e) Application of Section.--This section shall apply with respect to Indian oil or gas which is produced after December 31, 2001, except that this section shall not apply with respect to any Indian oil or gas for which a credit is allowed under section 29 for the taxable year.''. (b) Alternative Minimum Tax Conforming Amendments.-- (1) Alternative minimum tax.--Section 59(b) of the Internal Revenue Code of 1986 is amended-- (A) by adding at the end the following new sentence: ``In the case of any taxpayer for whom the Indian oil or gas credit is allowable under section 29A for the taxable year, alternative minimum taxable income shall not include any income derived from production for which a credit is allowed under section 29A.'', and (B) by inserting ``29A,'' before ``30A'' in the heading thereof. (2) Regular tax.--Section 55(c)(1) of such Code is amended by inserting ``the Indian oil or gas credit allowable under section 29A,'' after ``under section 27(b),''. (c) Clerical Amendment.--The table of sections for subpart B 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 29 the following new item: ``Sec. 29A. Credit for producing Indian oil or gas.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 2001, and to carrybacks from such years.

Amends the Internal Revenue Code to allow a tax credit for the production of oil or gas from deposits held in trust for, or held with restrictions against alienation by, Indian tribes and Indian individuals pursuant to a lease or other agreement issued or approved by the United States.

A bill to provide a tax credit for the production of oil or gas from deposits held in trust for, or held with restrictions against alienation by, Indian tribes and Indian individuals.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Information Technology Workforce and Acquisition Improvement Act of 2002''. SEC. 2. EXTENSION OF PROGRAM APPLYING SIMPLIFIED PROCEDURES TO CERTAIN COMMERCIAL ITEMS. Section 4202 of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) is amended-- (1) in subsection (e), by striking ``January 1, 2003'' and inserting ``January 1, 2008''; and (2) by adding at the end the following new subsection: ``(f) Report.--Not later than December 31, 2004, the Comptroller General shall submit to Congress a report on the effectiveness of the implementation of the provisions enacted by this section and any recommendations for improving such effectiveness.''. SEC. 3. INFORMATION TECHNOLOGY EXCHANGE PROGRAM. (a) Findings.--Congress finds that-- (1) unless action is taken soon, there will be a crisis in the government's ability to deliver essential services to the American people; (2) by 2006, over 50 percent of the Federal Government's information technology workforce will be eligible to retire, creating a huge demand in the Federal Government for high-skill workers; (3) despite a 44 percent decrease in the demand for information technology workers in the private sector, the Information Technology Association of America reported in 2001 that employers will need to fill over 900,000 new information technology jobs and will be unable to find qualified workers for 425,000 of those jobs; (4) to highlight the urgency of this situation, in January 2001, the General Accounting Office added the Federal Government's human capital management to its list of high-risk problems for which an effective solution must be found; (5) despite efforts to increase flexibility in Federal agencies' employment practices, compensation issues continue to severely restrain recruitment for Federal agencies; and (6) an effective, efficient, and economical response to this crisis would be to create a vibrant, ongoing exchange effort designed to share talent, expertise, and advances in management between leading-edge businesses and Federal agencies engaged in best practices. (b) Information Technology Exchange Program.-- (1) In general.--Subpart B of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 37--INFORMATION TECHNOLOGY EXCHANGE PROGRAM ``Sec. ``3701. Definitions. ``3702. General provisions. ``3703. Assignment of employees to private sector organizations. ``3704. Assignment of employees from private sector organizations. ``3705. Authority of the Office of Personnel Management. ``Sec. 3701. Definitions ``For purposes of this chapter-- ``(1) the term `agency' means an Executive agency, but does not include the General Accounting Office; and ``(2) the term `detail' means-- ``(A) the assignment or loan of an employee of an agency to a private sector organization without a change of position from the agency that employs the individual; or ``(B) the assignment or loan of an employee of a private sector organization to an agency without a change of position from the private sector organization that employs the individual, whichever is appropriate in the context in which such term is used. ``Sec. 3702. General provisions ``(a) On request from or with the agreement of a private sector organization, and with the consent of the employee concerned, the head of an agency may arrange for the assignment of an employee of the agency to a private sector organization or an employee of a private sector organization to the agency. An eligible employee is an individual who-- ``(1) works in the field of information technology management; ``(2) is considered an exceptional performer by the individual's current employer; and ``(3) is expected to assume increased information technology management responsibilities in the future. An employee of an agency shall be eligible to participate in this program only if the employee is employed at the GS-11 level or above (or equivalent) and is serving under a career or career-conditional appointment or an appointment of equivalent tenure in the excepted service. ``(b) Each agency that exercises its authority under this chapter shall provide for a written agreement between the agency and the employee concerned regarding the terms and conditions of the employee's assignment. In the case of an employee of the agency, the agreement shall-- ``(1) require the employee to serve in the civil service, upon completion of the assignment, for a period equal to the length of the assignment; and ``(2) provide that, in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the agency from which assigned) the employee shall be liable to the United States for payment of all expenses (excluding salary) of the assignment. The amount shall be treated as a debt due the United States. ``(c) Assignments may be terminated by the agency or private sector organization concerned for any reason at any time. ``(d) Assignments under this chapter shall be for 1 year and may be extended for an additional period not to exceed 1 year. ``(e) The Chief Information Officers Council, by agreement with the Office of Personnel Management, may assist in the administration of this chapter, including by maintaining lists of potential candidates for assignment under this chapter, establishing mentoring relationships for the benefit of individuals who are given assignments under this chapter, and publicizing the program. ``Sec. 3703. Assignment of employees to private sector organizations ``(a) An employee of an agency assigned to a private sector organization under this chapter is deemed, during the period of the assignment, to be on detail to a regular work assignment in his agency. ``(b) Notwithstanding any other provision of law, an employee of an agency assigned to a private sector organization under this chapter is entitled to retain coverage, rights, and benefits under subchapter I of chapter 81, and employment during the assignment is deemed employment by the United States, except that, if the employee or the employee's dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, then, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81. ``(c) The assignment of an employee to a private sector organization under this chapter may be made with or without reimbursement by the private sector organization for the travel and transportation expenses to or from the place of assignment, subject to the same terms and conditions as apply with respect to an employee of a Federal agency or a State or local government under section 3375, and for the pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the agency used for paying the travel and transportation expenses or pay. ``(d) The Federal Tort Claims Act and any other Federal tort liability statute apply to an employee of an agency assigned to a private sector organization under this chapter. The supervision of the duties of an employee of an agency so assigned to a private sector organization may be governed by an agreement between the agency and the organization. ``Sec. 3704. Assignment of employees from private sector organizations ``(a) An employee of a private sector organization assigned to an agency under this chapter is deemed, during the period of the assignment, to be on detail to such agency. ``(b) An employee of a private sector organization assigned to an agency under this chapter-- ``(1) may continue to receive pay and benefits from the private sector organization from which he is assigned; ``(2) is deemed, notwithstanding subsection (a), to be an employee of the agency for the purposes of-- ``(A) chapter 73, except for section 7353(a)(1); ``(B) sections 203, 205, 207, 208, 603, 606, 607, 643, 654, 1905, and 1913 of title 18; ``(C) sections 1343, 1344, and 1349(b) of title 31; ``(D) the Federal Tort Claims Act and any other Federal tort liability statute; ``(E) the Ethics in Government Act of 1978; ``(F) section 1043 of the Internal Revenue Code of 1986; and ``(G) section 27(p)(8) of the Office of Federal Procurement Policy Act; and ``(3) is subject to such regulations as the President may prescribe. The supervision of an employee of a private sector organization assigned to an agency under this chapter may be governed by agreement between the agency and the private sector organization concerned. Such an assignment may be made with or without reimbursement by the agency for the pay, or a part thereof, of the employee during the period of assignment, or for any contribution of the private sector organization to employee benefit systems. ``(c) An employee of a private sector organization assigned to an agency under this chapter who suffers disability or dies as a result of personal injury sustained while performing duties during the assignment shall be treated, for the purpose of subchapter I of chapter 81, as an employee as defined by section 8101 who had sustained the injury in the performance of duty, except that, if the employee or the employee's dependents receive from the private sector organization any payment under an insurance policy for which the premium is wholly paid by the private sector organization, or other benefit of any kind on account of the same injury or death, then, the amount of such payment or benefit shall be credited against any compensation otherwise payable under subchapter I of chapter 81. ``Sec. 3705. Authority of the Office of Personnel Management ``The Director of the Office of Personnel Management shall prescribe regulations for the administration of this chapter.''. (2) Clerical amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 35 the following: ``37. Information Technology Exchange Program............... 3701''. (c) Allowability of Costs.--Within 120 days after the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to recognize the costs associated with an employee's participation in the program authorized by subsection (b) as allowable training and education costs. Such costs-- (1) include the employee's salary and fringe benefits for a period not to exceed the period of the employee's assignment under the program authorized by subsection (b), as well as moving and travel expenses; and (2) may be treated, for accounting purposes-- (A) as an indirect cost and accounted for in-- (i) an established overhead account; or (ii) an overhead account established specifically for the program authorized by subsection (b) and allocated exclusively to the contractor's Federal Government contracts; or (B) as a direct cost chargeable to fixed price or time and material contracts. (d) Technical and Conforming Amendments.-- (1) Amendments to title 5, united states code.--Title 5, United States Code, is amended-- (A) in section 3111 by adding at the end the following: ``(d) Notwithstanding section 1342 of title 31, the head of an agency may accept voluntary service for the United States under chapter 37 of this title and regulations of the Office of Personnel Management.''; and (B) in section 4108 by striking subsection (d). (2) Other amendments.--Section 125(c)(1) of Public Law 100- 238 (5 U.S.C. 8432 note) is amended-- (A) in subparagraph (B) by striking ``or'' at the end; (B) in subparagraph (C) by striking ``and'' at the end and inserting ``or''; and (C) by adding at the end the following: ``(D) an individual assigned from a Federal agency to a private sector organization under chapter 37 of title 5, United States Code; and''. SEC. 4. AUTHORIZATION OF TELECOMMUTING FOR FEDERAL CONTRACTORS. (a) Amendment to the Federal Acquisition Regulation.--Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulation issued in accordance with sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) shall be amended to permit the use of telecommuting by employees of Federal contractors in the performance of contracts with executive agencies. (b) Content of Amendment.--The amendment issued pursuant to subsection (a) shall, at a minimum, provide that solicitations for the acquisition of goods or services shall not set forth any requirement or evaluation criteria that would-- (1) render an offeror ineligible to receive a contract award based on the offeror's plan to allow its employees to telecommute; or (2) reduce the scoring of an offeror's proposal based upon the contractor's plan to allow its employees to telecommute, unless the contracting officer first-- (A) determines that the needs of the agency, including the security needs of the agency, cannot be met without any such requirement; and (B) explains in writing the basis for that determination. (c) GAO Report.--Not later than one year after the date on which the amendment required by subsection (a) is published in the Federal Register, the Comptroller General shall submit to Congress an evaluation of-- (1) compliance by executive agencies with the regulations; and (2) conformance of the regulations with existing law, together with any recommendations that the Comptroller General considers appropriate. (d) Definition.--In this section, the term ``executive agency'' has the meaning given that term in section 105 of title 5, United States Code.

Federal Information Technology Workforce and Acquisition Improvement Act of 2002 - Amends the Clinger-Cohen Act of 1996 to extend until January 1, 2008, the authority to issue solicitations for purchases of commercial items in excess of the simplified acquisition threshold pursuant to the special simplified procedures.Establishes an information technology exchange program between the Government and the private sector. Provides for one-year assignments of executive agency information technology management employees to private sector organizations, and of private sector information technology management employees to executive agencies.Sets forth administrative provisions governing such assignments, including pay, creditable service, life and health insurance coverage, reimbursement, liability, and Federal employee status.Requires the Federal Acquisition Regulation to be amended to permit the use of telecommuting by employees of Federal contractors in the performance of contracts with executive agencies.

To amend the Clinger-Cohen Act of 1996 to extend until January 1, 2008, a program applying simplified procedures to the acquisition of certain commercial items; to establish an exchange program between the Federal Government and the private sector in order to promote the development of expertise in information technology management; and to authorize telecommuting for Federal contractors, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wire Transfer Fairness and Disclosure Act of 2002''. SEC. 2. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL MONEY TRANSFERS. (a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended-- (1) by redesignating sections 918 through 921 as sections 919 through 922, respectively; and (2) by inserting after section 917 the following new section: ``SEC. 918. DISCLOSURE OF EXCHANGE RATES IN CONNECTION WITH INTERNATIONAL MONEY TRANSFERS. ``(a) Definitions.--In this section, the following definitions shall apply: ``(1) International money transfer.--The term `international money transfer' means any money transmitting service involving an international transaction which is provided by a financial institution or a money transmitting business. ``(2) Money transmitting service.--The term `money transmitting service' has the same meaning as in section 5330(d)(2) of title 31, United States Code. ``(3) Money transmitting business.--The term `money transmitting business' means any business which-- ``(A) provides check cashing, currency exchange, or money transmitting or remittance services, or issues or redeems money orders, travelers' checks, or other similar instruments; and ``(B) is not a depository institution (as defined in section 5313(g) of title 31, United States Code). ``(b) Exchange Rate and Fees Disclosures Required.-- ``(1) In general.--Any financial institution or money transmitting business which initiates an international money transfer on behalf of a consumer (whether or not the consumer maintains an account at such institution or business) shall disclose, in the manner required under this section-- ``(A) the exchange rate used by the financial institution or money transmitting business in connection with such transaction; ``(B) the exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction, as of the close of business on the business day immediately preceding the date of the transaction (or the official exchange rate, if any, of the government or central bank of such foreign country); ``(C) all commissions and fees charged by the financial institution or money transmitting business in connection with such transaction; and ``(D) the exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated and printed on the receipt referred to in paragraph (3). ``(2) Prominent disclosure inside and outside the place of business where an international money transfer is initiated.-- The information required to be disclosed under subparagraphs (A), (B), and (C) of paragraph (1) shall be prominently displayed on the premises of the financial institution or money transmitting business both at the interior location to which the public is admitted for purposes of initiating an international money transfer, and on the exterior of any such premises. ``(3) Prominent disclosure in all receipts and forms used in the place of business where an international money transfer is initiated.--All information required to be disclosed under paragraph (1) shall be prominently displayed on all forms and receipts used by the financial institution or money transmitting business when initiating an international money transfer in such premises. ``(c) Advertisements in Print, Broadcast, and Electronic Media and Outdoor Advertising.--The information required to be disclosed under subparagraphs (A) and (C) of subsection (b)(1) shall be included-- ``(1) in any advertisement, announcement, or solicitation which is mailed by the financial institution or money transmitting business and pertains to international money transfers; or ``(2) in any print, broadcast, or electronic medium or outdoor advertising display not on the premises of the financial institution or money transmitting business and pertaining to international money transfers. ``(d) Disclosures in Languages Other Than English.--The disclosures required under this section shall be in English and in the same language as that principally used by the financial institution or money transmitting business, or any of its agents, to advertise, solicit, or negotiate, either orally or in writing, at that office, if other than English.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect 3 months after the date of enactment of this Act.

Wire Transfer Fairness and Disclosure Act of 2002 - Amends the Electronic Fund Transfer Act to require that the following disclosures be prominently displayed on the premises of a money transmitting business which initiates an international money transfer for a consumer: (1) the exchange rate used in connection with such transaction; (2) the exchange rate prevailing at a major financial center of the foreign country whose currency is involved in the transaction; (3) all commissions and fees charged in connection with such transaction; and (4) the exact amount of foreign currency to be received by the recipient in the foreign country, which shall be disclosed to the consumer before the transaction is consummated.Requires further that such disclosures be prominently revealed in advertisements and receipts used by the business, and in the same language as that principally used by the business to advertise, solicit, or negotiate, at that office, if other than English.

A bill to amend the Electronic Fund Transfer Act to require additional disclosures relating to exchange rates in transfers involving international transactions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Manufacturers Legal Accountability Act of 2009''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year, many people in the United States are injured by defective products manufactured or produced by foreign entities and imported into the United States. (2) Both consumers and businesses in the United States have been harmed by injuries to people in the United States caused by defective products manufactured or produced by foreign entities. (3) People in the United States injured by defective products manufactured or produced by foreign entities often have difficulty recovering damages from the foreign manufacturers and producers responsible for such injuries. (4) The difficulty described in paragraph (3) is caused by the obstacles in bringing a foreign manufacturer or producer into a United States court and subsequently enforcing a judgment against that manufacturer or producer. (5) Obstacles to holding a responsible foreign manufacturer or producer liable for an injury to a person in the United States undermine the purpose of the tort laws of the United States. (6) The difficulty of applying the tort laws of the United States to foreign manufacturers and producers puts United States manufacturers and producers at a competitive disadvantage because United States manufacturers and producers must-- (A) abide by common law and statutory safety standards; and (B) invest substantial resources to ensure that they do so. (7) Foreign manufacturers and producers can avoid the expenses necessary to make their products safe if they know that they will not be held liable for violations of United States product safety laws. (8) Businesses in the United States undertake numerous commercial relationships with foreign manufacturers, exposing the businesses to additional tort liability when foreign manufactures or producers evade United States courts. (9) Businesses in the United States engaged in commercial relationships with foreign manufacturers or producers often cannot vindicate their contractual rights if such manufacturers or producers seek to avoid responsibility in United States courts. (10) One of the major obstacles facing businesses and individuals in the United States who are injured and who seek compensation for economic or personal injuries caused by foreign manufacturers and producers is the challenge of serving process on such manufacturers and producers. (11) An individual or business injured in the United States by a foreign company must rely on a foreign government to serve process when that company is located in a country that is a signatory to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague November 15, 1965 (20 UST 361; TIAS 6638). (12) An injured person in the United States must rely on the cumbersome system of letters rogatory to effect service in a country that did not sign the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. These countries do not have an enforceable obligation to serve process as requested. (13) The procedures described in paragraphs (11) and (12) add time and expense to litigation in the United States, thereby discouraging or frustrating meritorious lawsuits brought by persons injured in the United States against foreign manufacturers and producers. (14) Foreign manufacturers and producers often seek to avoid judicial consideration of their actions by asserting that United States courts lack personal jurisdiction over them. (15) The due process clauses of the fifth amendment to and section 1 of the 14th amendment to the Constitution govern United States court assertions of personal jurisdiction over defendants. (16) The due process clauses described in paragraph (15) are satisfied when a defendant consents to the jurisdiction of a court. (17) United States markets present many opportunities for foreign manufacturers. (18) Creating a competitive advantage for either foreign or domestic manufacturers violates the principles of United States trade agreements with other countries. (19) In choosing to import products into the United States, a foreign manufacturer or producer subjects itself to the laws of the United States. Such a foreign manufacturer or producer thereby acknowledges that it is subject to the personal jurisdiction of the State and Federal courts in at least one State. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) foreign manufacturers and producers whose products are sold in the United States should not be able to avoid liability simply because of difficulties relating to serving process upon them; (2) to avoid such lack of accountability, foreign manufacturers and producers of foreign products distributed in the United States should be required, by regulation, to register an agent in the United States who is authorized to accept service of process for such manufacturer or producer; (3) it is unfair to United States consumers and businesses that foreign manufacturers and producers often seek to avoid judicial consideration of their actions by asserting that United States courts lack personal jurisdiction over them; (4) those who benefit from importing products into United States markets should expect to be subject to the jurisdiction of at least one court within the United States; (5) importing products into the United States should be understood as consent to the accountability that the legal system of the United States ensures for all manufacturers and producers, foreign, and domestic; (6) importers recognize the scope of opportunities presented to them by United States markets but also should recognize that products imported into the United States must satisfy Federal and State safety standards established by statute, regulation, and common law; (7) foreign manufacturers should recognize that they are responsible for the contracts they enter into with United States companies; (8) foreign manufacturers should act responsibly and recognize that they operate within the constraints of the United States legal system when they import products into the United States; (9) foreign manufacturers who are unwilling to act and recognize as described in paragraphs (6), (7), and (8) should not have access to United States markets; (10) United States laws and the laws of United States trading partners should not put burdens on foreign manufacturers and importers that do not apply to domestic companies; (11) it is fair to ensure that foreign manufacturers, whose products are distributed in commerce in the United States, are subject to the jurisdiction of State and Federal courts in at least one State because all United States manufacturers are subject to the jurisdiction of the State and Federal courts in at least one State; and (12) it should be understood that, by registering an agent for service of process in the United States, the foreign manufacturer or producer acknowledges consent to the jurisdiction of the State in which the registered agent is located. SEC. 4. DEFINITIONS. In this Act: (1) Applicable agency.--The term ``applicable agency'' means, with respect to covered products-- (A) described in subparagraphs (A) and (B) of paragraph (3), the Food and Drug Administration; (B) described in paragraph (3)(C), the Consumer Product Safety Commission; (C) described in subparagraphs (D) and (E) of paragraph (3), the Environmental Protection Agency. (2) Commerce.--The term ``commerce'' means trade, traffic, commerce, or transportation-- (A) between a place in a State and any place outside thereof; or (B) which affects trade, traffic, commerce, or transportation described in subparagraph (A). (3) Covered product.--The term ``covered product'' means any of the following: (A) Drugs, devices, and cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). (B) A biological product, as such term is defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)). (C) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052). (D) A chemical substance or new chemical substance, as such terms are defined in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602). (E) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). (4) Distribute in commerce.--The term ``distribute in commerce'' means to sell in commerce, to introduce or deliver for introduction into commerce, or to hold for sale or distribution after introduction into commerce. SEC. 5. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. (a) Registration.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act and except as provided in paragraph (3), the head of each applicable agency shall require foreign manufacturers and producers of covered products distributed in commerce (or component parts that will be used in the United States to manufacture such products) to establish a registered agent in the United States who is authorized to accept service of process on behalf of such manufacturer or producer for the purpose of all civil and regulatory actions in State and Federal courts, if such service is made in accord with the State or Federal rules for service of process in the State in which the case or regulatory action is brought. (2) Location.--The head of each applicable agency shall require that an agent of a foreign manufacturer or producer registered under paragraph (1) be located in a State with a substantial connection to the importation, distribution, or sale of the products of such foreign manufacturer or producer. (3) Minimum size.--Paragraph (1) shall only apply to foreign manufacturers and producers that manufacture or produce covered products (or component parts that will be used in the United States to manufacture such products) in excess of a minimum value or quantity established by the head of the applicable agency under this section. (b) Registry of Agents of Foreign Manufacturers.-- (1) In general.--The Secretary of Commerce shall, in cooperation with each head of an applicable agency, establish and keep up to date a registry of agents registered under subsection (a). (2) Availability.--The Secretary of Commerce shall make the registry established under paragraph (1) available to the public through the Internet website of the Department of Commerce. (c) Consent to Jurisdiction.--A foreign manufacturer or producer of covered products that registers an agent under this section thereby consents to the personal jurisdiction of the State or Federal courts of the State in which the registered agent is located for the purpose of any civil or regulatory proceeding. (d) Regulations.--Not later than the date described in subsection (a)(1), the Secretary of Commerce and each head of an applicable agency shall prescribe regulations to carry out this section. SEC. 6. PROHIBITION OF IMPORTATION OF PRODUCTS OF MANUFACTURERS WITHOUT REGISTERED AGENTS IN UNITED STATES. (a) In General.--Beginning on the date that is 180 days after the date the regulations required under section 5(d) are prescribed, a person may not import into the United States a covered product (or component part that will be used in the United States to manufacture a covered product) if such product (or component part) or any part of such product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent described in section 5(a) whose authority is in effect on the date of the importation. (b) Enforcement.--The Secretary of Homeland Security shall prescribe regulations to enforce the prohibition in subsection (a). SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES. Not later than 1 year after the date of the enactment of this Act, the Secretary of Agriculture and the Commissioner of Food and Drugs shall jointly-- (1) complete a study on the feasibility and advisability of requiring foreign producers of food distributed in commerce to establish a registered agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of all civil and regulatory actions in State and Federal courts; and (2) submit to Congress a report on the findings of the Secretary with respect to such study. SEC. 8. RELATIONSHIP WITH OTHER LAWS. Nothing in this Act shall affect the authority of any State to establish or continue in effect a provision of State law relating to service of process or personal jurisdiction, except to the extent that such provision of law is inconsistent with the provisions of this Act, and then only to the extent of such inconsistency.

Foreign Manufacturers Legal Accountability Act of 2009 - Expresses the sense of Congress with respect to jurisdiction of courts in the United States over foreign manufacturers that import products into the United States. Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), and the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value or quantity, to establish a registered agent in the United States who is authorized to accept service of process on their behalf for the purpose of all civil and regulatory actions in state and federal courts. Requires the registered agent to be located in a state with a substantial connection to the importation, distribution, or sale of the products. Directs the Secretary of Commerce to establish, maintain, and make available to the public a registry of such agents. Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any civil or regulatory proceeding. Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation. Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly study the feasibility and advisability of requiring foreign producers of food distributed in commerce to establish a registered agent in the United States who is authorized to accept service of process on behalf of such producers for the purpose of all civil and regulatory actions in state and federal courts.

A bill to require foreign manufacturers of products imported into the United States to establish registered agents in the United States who are authorized to accept service of process against such manufacturers, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Credit Availability Act''. SEC. 2. CLARIFICATION OF SWAP DEALER DEFINITION. Section 1a(49) of the Commodity Exchange Act (7 U.S.C. 1a(49)) is amended by striking all that follows subparagraph (A)(iv) through subparagraph (C) and inserting the following: ``provided however, in no event shall an insured depository institution, an institution chartered and operating under the Farm Credit Act of 1971, or a United States uninsured branch or agency of a foreign bank that has a prudential regulator be considered to be a swap dealer to the extent that it enters into a swap-- ``(I) with a customer that is seeking to manage risk in connection with an extension of credit by the institution to, on behalf of, or for the benefit of, the customer; or ``(II) to offset the risks arising from a swap that meets the requirement of subclause (I). ``(B) Inclusion.--A person may be designated as a swap dealer for a single type or single class or category of swap or activities and considered not to be a swap dealer for other types, classes, or categories of swaps or activities. ``(C) Exceptions.-- ``(i) The term `swap dealer' does not include a person that enters into swaps for such person's own account, either individually or in a fiduciary capacity, but not as part of regular business activities as described in subparagraph (A). ``(ii) In determining whether a person is a `swap dealer' within the meaning of subparagraph (A), the following shall not be considered as part of the determination: ``(I) any swap entered into for a person's own account for the purpose of hedging or mitigating commercial risk; and ``(II) any swap entered into for a person's own account for the purpose of meeting State or local governmental regulatory compliance purposes. ``(iii) In determining whether a person is a `swap dealer' within the meaning of subparagraph (A)(iii), any swap which involves a capacity contract, a renewable energy credit, an emissions allowance, or an emissions offset shall not be considered as part of that determination, if-- ``(I) the contract, credit, allowance, or offset is utilized to meet obligations under State or local law or regulation for that person; and ``(II) the swap is entered into for that person's own account.''. SEC. 3. EXCLUSIONS FROM FINANCIAL ENTITY DEFINITION. Section 2(h)(7)(C)(ii) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(C)(ii)) is amended to read as follows: ``(ii) Exclusion.--Such definition shall not include an entity that is a small bank, savings association, farm credit system institution, non-profit cooperative lender controlled by electric cooperatives, or credit union if the aggregate uncollateralized outward exposure plus aggregate potential outward exposure of the entity with respect to its swaps does not exceed $1,000,000,000.''. SEC. 4. CLARIFICATION OF THE EXEMPTIONS FOR CAPTIVE FINANCE COMPANIES FROM THE DEFINITION OF MAJOR SWAP PARTICIPANT AND FROM THE SWAP CLEARING REQUIREMENT. (a) Exclusion From Definition of Major Swap Participant.--Section 1a(33)(D) of the Commodity Exchange Act (7 U.S.C. 1a(33)(D)) is amended to read as follows: ``(D) Exclusion of certain captive finance entities.-- ``(i) In general.--The definition under this paragraph shall not include an entity whose primary business is providing financing that facilitates the sale or lease of products by or on behalf of the parent company or another subsidiary of the parent company, and uses derivatives only for the purpose of hedging underlying commercial risks in a consolidated financing and leasing portfolio, at least 90 percent of which, as of the end of its preceding fiscal year, is qualifying financing (including loans, notes, installment sales contracts, receivables, and operating and financing leases). ``(ii) Definitions.--In this subparagraph: ``(I) Qualifying financing.--The term `qualifying financing' means-- ``(aa) any financing or lease of, or that includes, a product; or ``(bb) any financing to or for the benefit of an affiliate of the entity, a distribution entity, or any customer or affiliate of a distribution entity, except that the term does not include any financing that does not facilitate the sale of a product manufactured by the entity or its affiliates, as determined by the Commission. ``(II) Product.--The term `product' means-- ``(aa) any good that is manufactured or sold by an affiliate of the entity; and ``(bb) any service that is provided by an affiliate of the entity. ``(III) Distribution entity.--The term `distribution entity' means a person whose primary business is the sale, lease or servicing of a product that is manufactured by the entity or its affiliates. ``(IV) Affiliate.--The term `affiliate' means, with respect to an entity-- ``(aa) a person that reports information or prepares financial statements on a consolidated basis with the entity, or for which a parent company reports information or prepares financial statements on a consolidated basis for the person and the entity; or ``(bb) a person of which the entity or the parent of the entity holds 50 percent or more of the equity interests. ``(V) Person.--The term `person' means an individual, partnership, corporation (including a business trust), limited liability company, joint stock company, trust, unincorporated association, joint venture or other entity, or a government or any political subdivision or agency thereof.''. (b) Exclusion From Swap Clearing Requirement.--Section 2(h)(7)(C)(iii) of such Act (42 U.S.C. 2(h)(7)(C)(iii)) is amended to read as follows: ``(iii) Exclusion of certain captive finance entities.--Such term shall not include an entity excluded from the definition of major swap participant by reason of section 1a(33)(D).''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall take effect as if they had been included in subtitle A of title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act. SEC. 6. IMPLEMENTATION. The amendments made by this Act to the Commodity Exchange Act shall be implemented-- (1) without regard to-- (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued, and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments. Passed the House of Representatives April 25, 2012. Attest: KAREN L. HAAS, Clerk.

Small Business Credit Availability Act - (Sec. 2) Amends the Commodity Exchange Act (as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act [Dodd-Frank]) to exclude from regulation as a swap dealer an insured depository institution, or a U.S. uninsured branch or agency of a foreign bank that has a prudential regulator. Permits designation of a person as a swap dealer for a single type, class, or category of swap or activity, and yet considered not to be a swap dealer for other types, classes, or categories of swaps or activities. Excludes from the definition of "swap dealer" a person that enters into swaps for such person's own account: (1) either individually or in a fiduciary capacity, but not as part of specified business activities; (2) in order to either hedge or mitigate commercial risk; or (3) to comply with state or local governmental regulations. Excludes also from factors determinative of "swap dealer" a swap entered into for a person's own account and that involves a capacity contract, a renewable energy credit, an emissions allowance, or an emissions offset if such instrument is used to meet obligations under state or local governmental regulations. (Sec. 3) Excludes outright from the meaning of financial entity any small bank, savings association, farm credit system institution, non-profit cooperative lender controlled by electric cooperatives, or credit union if the aggregate uncollateralized outward exposure plus aggregate potential outward exposure with respect to its swaps does not exceed $1 billion. (Thus exempts such entities from the clearing requirement.) (Sec. 4) Redefines "major swap participant" to exclude an entity whose primary business is providing financing that facilitates the sale or lease of products by or on behalf of the parent company or its subsidiary, and uses derivatives only for the purpose of hedging underlying commercial risks in a consolidated financing and leasing portfolio at least 90% of which, as of the end of its preceding fiscal year, is qualifying financing (including loans, notes, installment sales contracts, receivables, and operating and financing leases). Excludes certain captive finance entities from the swap clearing requirement. (Sec. 5) Declares amendments made by this Act effective as of the enactment of the Wall Street Transparency and Accountability Act of 2010 (title VII of Dodd-Frank). (Sec. 6) Requires the amendments made by this Act to be implemented: (1) through promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued; and (2) without regard to specified federal law on coordination of federal information policy, or certain administrative notice and comment requirements.

To ensure the exclusion of small lenders from certain regulations of the Dodd-Frank Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Readiness and Southern Sea Otter Conservation Act''. SEC. 2. SOUTHERN SEA OTTER MILITARY READINESS AND CONSERVATION ACT. (a) Findings and Purpose.--The Congress finds and declares the following: (1) The United States Fish and Wildlife Service-- (A) developed a relocation and management plan for southern sea otters as authorized by Public Law 99-625 (Nov. 7, 1986, 100 Stat. 3500); (B) promulgated governing regulations on August 11, 1987 (52 Fed. Reg. 29754), in accordance with section 1(b) of Public Law 99-625; and (C) has administered the plan since August 1987. (2) National defense-related activities at San Nicolas Island have not had adverse affects on southern sea otters, but continued expansion of the southern sea otter population into the area designated by Public Law 99-625 as the management zone may result in national security impacts. Military training programs evolve, as they are linked to real world events, necessitating greater flexibility in the types and amounts of training events the military departments conduct. (3) Sikes Act Compliant Integrated Natural Resources Management Plans for military installations in California adequately address the special management needs of threatened and endangered species, and provide conservation benefits to the near shore marine environments through watershed and land- based management actions. (4) Public Law 99-625 provided the authority under the Endangered Species Act of 1973 and the Marine Mammal Protection Act of 1972 for otters established at San Nicolas Island to be designated a nonessential experimental population and this designation should be continued to provide for the flexibility needed for military readiness requirements guaranteed by Public Law 99-625. (b) Purpose.--The purpose of this section is to enhance conservation of the southern sea otter and its growth toward an optimum sustainable population while allowing reasonable assurances for military readiness activities, as defined in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2509; 16 U.S.C. 703 note), to continue. (c) Establishment of the Southern Sea Otter Military Readiness Areas.--Chapter 136 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 2283. Establishment of the Southern Sea Otter Military Readiness Areas ``(a) Establishment.--The Secretary of Defense shall establish Southern Sea Otter Military Readiness Areas for national defense purposes, consisting of-- ``(1) the area that includes Naval Base Ventura County San Nicolas Island and Begg Rock, and the adjacent and surrounding waters within the following coordinates: ``N. Latitude/W. Longitude ``3327.8'/11934.3' ``3320.5'/11915.5' ``3313.5'/11911.8' ``3306.5'/11915.3' ``3302.8'/11926.8' ``3308.8'/11946.3' ``3317.2'/11956.9' ``3330.9'/11954.2'; ``(2) that area that includes Naval Base Coronado San Clemente Island and the adjacent and surrounding waters running parallel to shore to 3 nautical miles from the high tide line designated by 33 C.F.R. part 165 on May 20, 2010, as the San Clemente Island 3NM Safety Zone; and ``(3) that area that includes Marine Corps Base Camp Pendleton and the adjacent waters within the following coordinates: ``Latitude/W. Longitude ``3326.6'/11738.9' ``3321.3'/11745.8' ``3356.2'/11739.7' ``336.5'/11728.5' ``3310.2'/11723.7' ``3311.8'/11723.2' ``3326.6'/11738.9'. ``(b) Activities Within the Southern Sea Otter Military Readiness Areas.-- ``(1) Incidental takings under endangered species act of 1973.--Sections 4 and 9 of the Endangered Species Act of 1973 (16 U.S.C. 1533, 1538) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting a military readiness activity. ``(2) Incidental takings under marine mammal protection act of 1972.--Sections 101 and 102 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371, 1372) shall not apply with respect to the incidental taking of any southern sea otter in the Southern Sea Otter Military Readiness Areas in the course of conducting military readiness activities. ``(3) Treatment as species proposed to be listed.--For purposes of any military readiness activity, any southern sea otter while within the Southern Sea Otter Military Readiness Areas shall be treated for the purposes of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) as a member of a species that is proposed to be listed as an endangered species or a threatened species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). ``(c) Removal.--Nothing in this section or any other Federal law shall be construed to require that any southern sea otter located within the Southern Sea Otter Military Readiness Areas as of the effective date of this section or thereafter be removed from the Areas. ``(d) Revision or Termination of Exceptions.--The Secretary of the Interior may revise or terminate the application of subsection (b) if the Secretary, in consultation with, and with the concurrence of, the Secretary of the Navy, determines that military activities authorized under subsection (b) are substantially impeding southern sea otter conservation or the return of southern sea otters to optimum sustainable population levels. ``(e) Monitoring.-- ``(1) In general.--The Secretary of the Navy shall monitor the Southern Sea Otter Military Readiness Areas not less than every three years to measure the growth or decline of the southern sea otter population. ``(2) Reports.--Within 24 months after the effective date of this section and every three years thereafter, the Secretary of the Navy shall report to Congress and the public on monitoring undertaken pursuant to paragraph (1). ``(f) Relationship to Other Federal Law.--Except as provided in subsections (a) and (b), nothing in this section shall be construed as repealing, superseding, or modifying any provision of Federal law. ``(g) Ecosystem Management.-- ``(1) Ecosystem management plan.--Consistent with Public Law 99-625 and the notice and comment provisions of chapter 5 of title 5, the Director of the United States Fish and Wildlife Service and the Director of the National Marine Fisheries Service, in cooperation with the Marine Mammal Commission, shall develop an ecosystem management plan that, for waters off the coast of California, ensures-- ``(A) the recovery of the southern sea otter; ``(B) the recovery of the endangered black abalone and the endangered white abalone; and ``(C) the commercial harvest of shellfish fisheries at levels approximating current harvests. ``(2) Assessment of carrying capacity.--The Director of the United States Fish and Wildlife Service shall, within one year after the effective date of this section, assess the carrying capacity of the habitat for southern sea otters, including an assessment of the impacts of water quality on that carrying capacity and the causes of water quality degradation. ``(3) Continued implementation of existing plan.--The Director of the United States Fish and Wildlife Service shall continue implementing the relocation and management plan for southern sea otters authorized by Public Law 99-625 (100 Stat. 3500) until the date the management plan and assessment required under paragraphs (1) and (2), respectively, are completed. ``(h) Definitions.--In this section: ``(1) Incidental taking.--The term `incidental taking' means any take of a southern sea otter that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. ``(2) Optimum sustainable population.--The term `optimum sustainable population' means, with respect to any population stock, the number of animals that will result in the maximum productivity of the population or the species, keeping in mind the carrying capacity of the habitat and the health of the ecosystem of which they form a constituent element. ``(3) Southern sea otter.--The term `southern sea otter' means any member of the subspecies Enhydra lutris nereis. ``(4) Take.--The term `take'-- ``(A) when used in reference to activities subject to regulation by the Endangered Species Act of 1973 (16 U.S.C. 1531-1544) shall have the meaning given such term in that statute; and ``(B) when used in reference to activities subject to regulation by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1423h), shall have the meaning given such term in that statute. ``(5) Military readiness activity.--The term `military readiness activity' has the meaning given that term in section 315(f) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2509; 16 U.S.C. 703 note), and includes all training and operations of the Armed Forces that relate to combat, and the adequate and realistic testing of military equipment, vehicles, weapons, and sensors for proper operation and suitability for combat use.''. (d) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``2283. Establishment of the Southern Sea Otter Military Readiness Areas.''.

Military Readiness and Southern Sea Otter Conservation Act - Directs the Secretary of Defense (DOD) to establish Southern Sea Otter Military Readiness Areas for national defense purposes (thereby conserving the southern sea otter [otter] in such Areas while allowing reasonable military readiness activities). Allows certain incidental otter takings in such Areas in the course of a military readiness activity, while authorizing the Secretary of the Interior to revise or terminate such authorized takings upon determining that the military activities are substantially impeding otter conservation or the return of such otters to optimum sustainable levels. Directs: (1) the Secretary of the Navy to monitor the Areas, at least annually, to evaluate otter status; and (2) the Secretaries of the Navy and the Interior to report jointly every three years to Congress and the public on such monitoring. Requires the Secretary of the Interior, upon ending a specified otter relocation and management plan and in planning and implementing recovery and conservation measures to allow for the expansion of otter range, to coordinate and cooperate with: (1) the Secretary of the Navy, (2) the Secretary of Commerce regarding recovery efforts for endangered species, and (3) the state of California in continuing viable commercial harvest of state fisheries.

To amend title 10, United States Code, to direct the Secretary of Defense to establish Southern Sea Otter Military Readiness Areas for national defense purposes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Campaign Spending Limitation Reform Act of 1996''. SEC. 2. NEW TITLE OF FEDERAL ELECTION CAMPAIGN ACT OF 1971. The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new title: ``TITLE V--CONGRESSIONAL ELECTION CAMPAIGN SPENDING LIMITATIONS ``SEC. 501. SENATE ELECTION CAMPAIGN SPENDING LIMITATIONS. ``Notwithstanding any other provision of this Act-- ``(1) a candidate for the office of Senator and the authorized committees of the candidate may not make expenditures of more than $1,000,000 with respect to an election cycle; ``(2) an individual may not make contributions of more than $500 to a candidate for the office of Senator and the authorized committees of the candidate with respect to an election cycle; ``(3) a candidate for the office of Senator and the authorized committees of the candidate may not accept contributions from an individual who does not reside in the State in which the election is held; ``(4) a multicandidate political committee may not make contributions of more than $2,500 to a candidate for the office of Senator and the authorized committees of the candidate with respect to an election cycle; ``(5) a candidate for the office of Senator and the authorized committees of the candidate may not accept contributions from a multicandidate political committee that does not have members in the State in which the election is held; and ``(6) a candidate for the office of Senator may not make contributions of more than $10,000 to the campaign of the candidate with respect to an election cycle. ``SEC. 502. PROVISIONS RELATING TO NATIONAL, STATE, AND LOCAL POLITICAL PARTY COMMITTEES WITH RESPECT TO ELECTIONS FOR THE OFFICE OF SENATOR. ``Notwithstanding any other provision of this Act-- ``(1) no national political party committee may make expenditures with respect to an election for the office of Senator; ``(2) no State political party committee may make expenditures with respect to an election for the office of Senator; and ``(3) a local political party committee may not make contributions of more than $100 to a candidate for the office of Senator and the authorized committees of the candidate with respect to an election cycle. ``SEC. 503. HOUSE OF REPRESENTATIVES ELECTION CAMPAIGN SPENDING LIMITATIONS. ``Notwithstanding any other provision of this Act-- ``(1) a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate may not make expenditures of more than $200,000 with respect to an election cycle; ``(2) an individual may not make contributions of more than $500 to a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate with respect to an election cycle; ``(3) a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate may not accept contributions from an individual who does not reside in the congressional district in which the election is held; ``(4) a multicandidate political committee may not make contributions of more than $2,500 to a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate with respect to an election cycle; ``(5) a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate may not accept contributions from a multicandidate political committee that does not have members in the congressional district in which the election is held; and ``(6) a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make contributions of more than $10,000 to the campaign of the candidate with respect to an election cycle. ``SEC. 504. PROVISIONS RELATING TO NATIONAL, STATE, AND LOCAL POLITICAL PARTY COMMITTEES WITH RESPECT TO HOUSE OF REPRESENTATIVES ELECTIONS. ``Notwithstanding any other provision of this Act-- ``(1) no national political party committee may make expenditures with respect to an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; ``(2) no State political party committee may make expenditures with respect to an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and ``(3) a local political party committee may not make contributions of more than $100 to a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and the authorized committees of the candidate with respect to an election cycle. ``SEC. 505. PENALTY ASSESSMENT FOR EXCEEDING SPENDING LIMITATIONS. ``(a) Monetary Penalties.--Notwithstanding any other provision of this Act, any candidate or authorized committee that makes an expenditure in excess of a limitation under this title-- ``(1) in the case of an expenditure that exceeds a limitation by not more than 10 percent, shall be assessed a penalty in an amount equal to 10 times the amount of the excess expenditure; and ``(2) in the case of an expenditure that exceeds a limitation by more than 10 percent, shall be assessed a penalty in an amount equal to 20 times the amount of the excess expenditure. ``(b) Additional Penalties.--Notwithstanding any other provision of this Act, if a candidate or authorized committee makes an expenditure in excess of 20 percent of a limitation under this title-- ``(1) in the case of a candidate who wins the election, the candidate shall forfeit the office involved; and ``(2) in the case of a candidate who loses the election, the candidate shall be ineligible to hold any Federal office for 10 years after the violation. ``SEC. 506. CRIMINAL PENALTY FOR USE OF SOFT MONEY OR CONTRIBUTIONS IN KIND. ``(a) In General.--Notwithstanding any other provision of the Act-- ``(1) no person may use soft money with respect to an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; and ``(2) no person may make or accept a contribution in kind with respect to an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(b) Criminal Penalty.--Whoever violates subsection (a) shall be fined in accordance with title 18, United States Code, imprisoned not more than one year, or both. ``SEC. 507. PAYMENT OF PENALTIES. ``Any monetary penalties paid under this title shall be deposited in the Treasury. ``SEC. 508. DEFINITIONS. ``As used in this title-- ``(1) the term `election cycle' means-- ``(A) in the case of a candidate or the authorized committees of a candidate, the term beginning on the day after the date of the most general election for the specific office or seat which such candidate seeks and ending on the date of the next general election for such office or seat; or ``(B) for all other persons, the term beginning on the first day following the date of the last general election and ending on the date of the next general election. ``(2) the term `soft money' means--an expenditure for a campaign activity with the preponderant purpose or effect of which is to promote a political party rather than any particular Federal or non-Federal candidate.''.

Campaign Spending Limitation Reform Act of 1996 - Amends the Federal Election Campaign Act of 1971 to set forth limitations on campaign spending for elections to the Senate and House of Representatives. Prohibits a national or State political party committee from making expenditures with respect to an election for either the office of Senator or Representative. Limits the amount of contributions a local political party may make to candidates for such offices to $100 per office. Sets forth penalties for exceeding the above spending limitations. Prohibits the use of soft money or contributions in kind with respect to a Senate or House election and establishes criminal penalties for violators.

Campaign Spending Limitation Reform Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Choice Voucher Mobility Demonstration Act of 2018''. SEC. 2. HOUSING CHOICE VOUCHER MOBILITY DEMONSTRATION. (a) Authority.--The Secretary of Housing and Urban Development (in this section referred to as the ``Secretary'') may carry out a mobility demonstration program to enable public housing agencies to administer housing choice voucher assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in a manner designed to encourage families receiving such voucher assistance to move to lower- poverty areas and expand access to opportunity areas. (b) Selection of PHAs.-- (1) Requirements.--The Secretary shall establish requirements for public housing agencies to participate in the demonstration program under this section, which shall provide that the following public housing agencies may participate: (A) Public housing agencies that together-- (i) serve areas with high concentrations of holders of rental assistance vouchers under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in poor, low- opportunity neighborhoods; and (ii) have an adequate number of moderately priced rental units in higher-opportunity areas. (B) Planned consortia or partial consortia of public housing agencies that-- (i) include at least one agency with a high-performing Family Self-Sufficiency (FSS) program; and (ii) will enable participating families to continue in such program if they relocate to the jurisdiction served by any other agency of the consortium. (C) Planned consortia or partial consortia of public housing agencies that-- (i) serve jurisdictions within a single region; (ii) include one or more small agencies; and (iii) will consolidate mobility focused operations. (D) Such other public housing agencies as the Secretary considers appropriate. (2) Selection criteria.--The Secretary shall establish competitive selection criteria for public housing agencies eligible under paragraph (1) to participate in the demonstration program under this section. (3) Random selection of families.--The Secretary may require participating agencies to use a randomized selection process to select among the families eligible to receive mobility assistance under the demonstration program. (c) Regional Housing Mobility Plan.--The Secretary shall require each public housing agency applying to participate in the demonstration program under this section to submit a Regional Housing Mobility Plan (in this section referred to as a ``Plan''), which shall-- (1) identify the public housing agencies that will participate under the Plan and the number of vouchers each participating agency will make available out of their existing programs in connection with the demonstration; (2) identify any community-based organizations, nonprofit organizations, businesses, and other entities that will participate under the Plan and describe the commitments for such participation made by each such entity; (3) identify any waivers or alternative requirements requested for the execution of the Plan; (4) identify any specific actions that the public housing agencies and other entities will undertake to accomplish the goals of the demonstration, which shall include a comprehensive approach to enable a successful transition to opportunity areas and may include counseling and continued support for families; (5) specify the criteria that the public housing agencies would use to identify opportunity areas under the plan; (6) provide for establishment of priority and preferences for participating families, including a preference for families with young children, as such term is defined by the Secretary, based on regional housing needs and priorities; and (7) comply with any other requirements established by the Secretary. (d) Funding for Mobility-Related Services.-- (1) Use of administrative fees.--Public housing agencies participating in the demonstration program under this section may use administrative fees under section 8(q) of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)), their administrative fee reserves, and funding from private entities to provide mobility-related services in connection with the demonstration program, including services such as counseling, portability coordination, landlord outreach, security deposits, and administrative activities associated with establishing and operating regional mobility programs. (2) Use of housing assistance funds.--Public housing agencies participating in the demonstration under this section may use housing assistance payments funds under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for security deposits if necessary to enable families to lease units with vouchers in designated opportunity areas. (e) Waivers; Alternative Requirements.-- (1) Waivers.--To allow for public housing agencies to implement and administer their Regional Housing Mobility Plans, the Secretary may waive or specify alternative requirements for the following provisions of the United States Housing Act of 1937: (A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) (relating to the term of a lease and mobility requirements). (B) Section 8(o)(13)(C)(i) (relating to the public housing plan for an agency). (C) Section 8(r)(2) (relating to the responsibility of a public housing agency to administer ported assistance). (2) Alternative requirements.--The Secretary shall provide additional authority for public housing agencies in a selected region to form a consortium that has a single housing choice voucher funding contract, or to enter into a partial consortium to operate all or portions of the Regional Housing Mobility Plan, including agencies participating in the Moving To Work Demonstration program. (3) Effective date.--Any waiver or alternative requirements pursuant to this subsection shall not take effect before the expiration of the 10-day period beginning upon publication of notice of such waiver or alternative requirement in the Federal Register. (f) Implementation.--The Secretary may implement the demonstration, including its terms, procedures, requirements, and conditions, by notice. (g) Evaluation.--Not later than 5 years after implementation of the regional housing mobility programs under the demonstration program under this section, the Secretary shall submit to the Congress and publish in the Federal Register a report evaluating the effectiveness of the strategies pursued under the demonstration, subject to the availability of funding to conduct the evaluation. Through official websites and other methods, the Secretary shall disseminate interim findings as they become available, and shall, if promising strategies are identified, notify the Congress of the amount of funds that would be required to expand the testing of these strategies in additional types of public housing agencies and housing markets. Passed the House of Representatives July 10, 2018. Attest: KAREN L. HAAS, Clerk.

Housing Choice Voucher Mobility Demonstration Act of 2018 (Sec. 2) This bill authorizes the Department of Housing and Urban Development (HUD) to implement a mobility demonstration program to enable public housing agencies (PHAs) to administer housing-choice rental-assistance vouchers in a manner designed to: (1) encourage low-income families receiving such assistance to move to lower-poverty areas, and (2) expand access to opportunity areas. HUD shall require PHAs applying to participate in the program to submit a specified Regional Housing Mobility Plan.

Housing Choice Voucher Mobility Demonstration Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greenhouse Gas Observation and Analysis System Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to establish a comprehensive national greenhouse gas observation and analysis system to support verification of greenhouse gas emissions; (2) to establish a baseline characterizing the influence of current and past greenhouse gas emissions on atmospheric composition; and (3) to provide a scientifically robust record of atmospheric greenhouse gas concentrations. SEC. 3. ESTABLISHMENT OF GREENHOUSE GAS OBSERVATION AND ANALYSIS SYSTEM. (a) In General.--The Administrator shall establish a greenhouse gas observation and analysis system that will offer the resolution and widespread coverage required to verify reduction and mitigation of greenhouse gases. In establishing the system, the Administrator shall coordinate with the Department of Commerce's National Institute of Standards and Technology, the National Aeronautics and Space Administration, the National Science Foundation, the Department of Energy, the Department of Agriculture, and the United States Geological Survey. (b) System Components.--The system-- (1) shall be an operational and scientifically robust greenhouse gas observation and analysis system that includes local and regional ground-based observations, space-based observations, carbon-cycle modeling, greenhouse gas inventories, meta-analysis, and extensive data integration and distribution to provide quantitative information about sources, sinks, and fluxes of greenhouse gases at relevant temporal and spatial scales; and (2) shall be capable of-- (A) differentiating between source and sink exchanges; (B) identifying types of emissions (fossil-fuel and non-fossil fuel sources); and (C) tracking agricultural and other sinks; and (3) shall include-- (A) sustained ground, sea, and air-based measurements; (B) sustained space-based observations; (C) measurements of tracer, including isotopes and non-carbon dioxide gases; (D) carbon cycle monitoring; (E) carbon cycle modeling; (F) traceability to the International System of Units; and (G) data assimilation and analysis. (c) Coordination.--The Administrator shall, to the extent appropriate-- (1) facilitate coordination of-- (A) observations and modeling; (B) data and information management systems, including archive and access; and (C) the development and transfer of technologies to facilitate the evaluation of greenhouse gas emission reductions, offsets, and other mitigation strategies; (2) coordinate with the National Institute of Standards and Technology to make sure that the greenhouse gas observation and analysis system is based upon quantitative measurements traceable to international standards; and (3) coordinate with other Federal agencies and international organizations and agencies involved in international or domestic programs. SEC. 4. SYSTEM PLAN. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Administrator shall, in coordination with the agencies described in section 3, develop and submit a plan for an integrated and comprehensive greenhouse gas observation and analysis system to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology. (b) Plan Requirements.--The plan shall-- (1) identify and describe current national and international greenhouse gas observation networks, modeling, and data analysis efforts; (2) contain an inventory of agency data relevant to greenhouse gases; (3) assess gaps, conflicts, and opportunities with respect to the matters described in paragraphs (1) and (2); (4) establish priorities, define agency roles, and make recommendations on necessary capacity and capabilities for-- (A) ground, sea, and air-based measurements; (B) sustained space-based observations; (C) measurements of tracer, including isotopes and non-carbon dioxide gases; (D) carbon cycle monitoring; (E) carbon cycle modeling; (F) measurement traceability and comparability; (G) data assimilation and analysis; and (H) data archive management and data access; and (5) establish and define mechanisms for ensuring continuity of domestic and international greenhouse gas measurements, and contribute to international efforts to build and operate a global greenhouse gas information system, in coordination with the World Meteorological Organization and other international organizations and agencies, as appropriate. SEC. 5. REPORTS. The Administrator shall, not less than every 4 years after the date of enactment of this Act and in coordination with the agencies described in section 3, submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology that includes-- (1) an analysis of the progress made toward achieving the goals and objectives of the plan outlined in section 4; (2) an evaluation of the effectiveness of the system; (3) recommendations concerning modifications to the system; (4) an analysis of the consistency of reported greenhouse gas emission reductions with independent observations of atmospheric and Earth-system trends; and (5) an update on changes or trends in Earth-system sources and sinks of greenhouse gases. SEC. 6. AGREEMENTS. (a) In General.--The Administrator may enter into and perform such contracts, leases, grants, cooperative agreements, or other agreements as may be necessary to carry out the purposes of this Act. (b) Specific Authority.--Notwithstanding any other provision of law, the Administrator may-- (1) enter into long-term leases of up to 20 years for the use of unimproved land to site small shelter facilities, antennae, and equipment including weather, tide, tidal currents, river, and air sampling or measuring equipment; (2) enter into long-term licenses of up to 20 years at no cost to site facilities and equipment including weather, tide, tidal currents, river, and air sampling or measuring equipment; (3) acquire (by purchase, lease, or otherwise), lease, sell, and dispose of or convey services, money, securities, or property (whether real, personal, intellectual, or of any other kind) or an interest therein; (4) construct, improve, repair, operate, maintain, outgrant, and dispose of real or personal property, including buildings, facilities, and land; and (5) waive capital lease scoring requirements for any lease of space on commercial antennas to support weather radio equipment, air sampling, or measuring equipment. (c) Certain Leased Equipment.--Notwithstanding any other provision of law, rule, or regulation, leases of antenna or equipment on towers or other structures shall be considered operating leases for the purpose of capital lease scoring. SEC. 7. EFFECT ON OTHER LAWS. Nothing in this Act shall be construed to supersede or alter the existing authorities of any Federal agency with respect to Earth science research or greenhouse gas mitigation. SEC. 8. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Earth-system.--The term ``Earth-system'' means the Earth's biosphere, including the ocean, atmosphere, and soils that influence the amounts of greenhouse gas in the atmosphere. (3) Greenhouse gas.--The term ``greenhouse gas'' means a gas in the atmosphere that increases the radiative forcing of the Earth-atmosphere system. (4) International system of units.--The term ``International System of Units'' means the modern metric system of units established in 1960 by the 11th General Conference on Weight and Measures. (5) Radiative forcing.--The term ``radiative forcing'' means the measure of the influence that a substance or process has in altering the balance of incoming and outgoing energy in the Earth-system. (6) Sink.--The term ``sink'' means the removal of a greenhouse gas from the atmosphere. (7) Source.--The term ``source'' means the emission of a greenhouse gas into the atmosphere. (8) System.--The term ``system'' means the national greenhouse gas observation and analysis system established under section 3. (9) Tracer.--The term ``tracer'' means an atmospheric substance that can be used to assess or determine the origin of a greenhouse gas. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Commerce such sums as appropriate to carry out this Act.

Greenhouse Gas Observation and Analysis System Act - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a greenhouse gas observation and analysis system that will offer the resolution and widespread coverage required to verify reduction and mitigation of greenhouse gases. Requires the system to: (1) be an operational and scientifically robust greenhouse gas observation system that provides quantitative information about sources, sinks, and fluxes of greenhouse gases at relevant temporal and spatial scales; (2) be capable of differentiating between source and sink exchanges, identifying types of emissions, and tracking agricultural and other sinks; and (3) include sustained ground, sea, and air-based measurements, sustained space-based observations, measurements of tracer, carbon cycle monitoring and modeling, traceability to the International System of Units, and data assimilation and analysis. Directs the Administrator to develop and submit to specified congressional committees a plan for an integrated and comprehensive greenhouse gas observation and analysis system, which shall: (1) describe current greenhouse gas observation networks, modeling, and data analysis efforts; (2) contain an inventory of agency data relevant to greenhouse gases; (3) assess gaps, conflicts, and opportunities with respect to such efforts and data; (4) establish priorities, define agency roles, and make recommendations on necessary capacity and capabilities for measurements, monitoring, modeling, analysis, and data management; (5) establish mechanisms for ensuring continuity of greenhouse gas measurements; and (6) contribute to international efforts to build and operate a global greenhouse gas information system. Requires the Administrator to report to Congress every four years on the effectiveness of the system, progress in achieving plan objectives, the consistency of reported greenhouse gas emissions with independent observations, and changes in Earth-system sources and sinks of greenhouse gases.

A bill to authorize the National Oceanic and Atmospheric Administration to establish a comprehensive greenhouse gas observation and analysis system, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory IDEA Full Funding Compromise Act''. SEC. 2. AMENDMENTS TO IDEA. (a) Funding.--Section 611(j) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(j)) is amended to read as follows: ``(j) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $13,574,398,000, or 25.2 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2005, and, there are hereby appropriated $4,700,000,000, or 7.6 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2005, which shall become available for obligation on July 1, 2005, and shall remain available through September 30, 2006; ``(B) $15,746,302,000, or 28.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2006, and, there are hereby appropriated $6,871,904,000, or 10.7 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2006, which shall become available for obligation on July 1, 2006, and shall remain available through September 30, 2007; ``(C) $17,918,205,000, or 31.2 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2007, and, there are hereby appropriated $9,043,807,000, or 13.6 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2007, which shall become available for obligation on July 1, 2007, and shall remain available through September 30, 2008; ``(D) $20,090,109,000, or 28.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, and, there are hereby appropriated $11,215,711,000, or 16.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, which shall become available for obligation on July 1, 2008, and shall remain available through September 30, 2009; ``(E) $22,262,307,000, or 36.4 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, and, there are hereby appropriated $13,387,909,000, or 18.8 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, which shall become available for obligation on July 1, 2009, and shall remain available through September 30, 2010; ``(F) $25,198,603,000, or 40 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, and, there are hereby appropriated $16,324,205,000, or 22.4 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, which shall become available for obligation on July 1, 2010, and shall remain available through September 30, 2011; and ``(G) 40 percent of the amount determined under paragraph (2) for fiscal year 2011 and each subsequent fiscal year, and, there are hereby appropriated 22.4 percent of the amount determined under paragraph (2) for fiscal year 2011 and each subsequent fiscal year, which shall become available for obligation (A) with respect to fiscal year 2011, on July 1, 2011, and shall remain available through September 30, 2012, and (B) with respect to each subsequent fiscal year, on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--The amount referred to in each of subparagraphs (A) through (G) of paragraph (1) is the product of-- ``(A) the number of children with disabilities in all States who are receiving special education and related services-- ``(i) aged 3 through 5 if the State is eligible for a grant under section 619; and ``(ii) aged 6 through 21; and ``(B) the average per-pupil expenditure in public elementary and secondary schools in the United States.''. (b) Exception to the Local Maintenance of Effort Requirements.-- Section 613(a)(2)(B) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)(B)) is amended to read as follows: ``(B) Exception.--Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures, for 1 fiscal year at a time, if-- ``(i) the State educational agency determines, and the Secretary agrees, that the local educational agency is in compliance with the requirements of this part during that fiscal year (or, if appropriate, the preceding fiscal year); and ``(ii) such reduction is-- ``(I) attributable to the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel; ``(II) attributable to a decrease in the enrollment of children with disabilities; ``(III) attributable to the termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State educational agency, because the child-- ``(aa) has left the jurisdiction of the agency; ``(bb) has reached the age at which the obligation of the agency to provide a free appropriate public education to the child has terminated; or ``(cc) no longer needs such program of special education; ``(IV) attributable to the termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities; or ``(V) equivalent to the amount of Federal funding the local educational agency receives under this part for a fiscal year that exceeds the amount the agency received under this part for the preceding fiscal year, but only if these reduced funds are used for any activity that may be funded under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).''. (c) Repeal.--Section 613(a)(2) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(2)) is further amended-- (1) by striking subparagraph (C); (2) by redesignating subparagraph (D) as subparagraph (C); and (3) in subparagraph (A)(iii), by striking ``paragraphs (B) and (C)'' and inserting ``paragraph (B)''.

Mandatory IDEA Full-Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to revise and reauthorize part B programs of education of all children with disabilities. Authorizes appropriations in specified amounts for part B for FY 2005 through 2011 and thereafter. (Provides phased-in increases of funding designed to reach a promised 40 percent Federal share of funding by FY 2011.) Makes appropriations in specified amounts for part B for FY 2005 through 2011 and thereafter. Provides an exception to local educational agency (LEA) maintenance of effort requirements under part B.Repeals certain provisions relating to LEA treatment of Federal funds as local funds under part B.

To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part, to provide an exception to the local maintenance of effort requirements, and for other purposes.

SECTION 1. FINDINGS. Congress makes the following findings: (1) The right to vote is a fundamental and incontrovertible right under the Constitution. (2) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the right to vote is a fundamental right under the Constitution. (3) There is a need for Congress to encourage and enable every eligible American to vote by reaffirming that the United States is a democratic government ``of the people, by the people, and for the people'' in which every vote counts. (4) There is a need for Congress to encourage and enable every eligible American to vote by eliminating procedural obstacles to voting. (5) There is a need to counter discrimination in voting by removing barriers to the exercise of the constitutionally protected right to vote. (6) There is a need to ensure that voter registration processes fairly incorporate every eligible American seeking to exercise the right to vote. (7) Participation in the electoral process is a fundamental civic responsibility in which all eligible Americans should be encouraged to actively participate. (8) There is a need to ensure that every eligible American seeking to exercise the right to vote has access to the electoral process through a uniform system of voter registration that includes each voter's personal registration with an appropriate State or local government election entity. (9) Congress has authority under section 4 of Article I of the Constitution of the United States, section 5 of the Fourteenth Amendment to the Constitution of the United States, and section 2 of the Fifteenth Amendment to the Constitution of the United States to enact legislation to address the equal protection violations that may be caused by unfair voting systems. (10) Congress has an obligation to ensure that the States and localities improve election administration and to ensure the integrity of full participation of all Americans in the democratic election process. SEC. 2. REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY. (a) In General.-- (1) Application of requirements to voters not registering in person.--Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as follows: ``(A) the individual-- ``(i) registered to vote in a jurisdiction by mail; or ``(ii) did not register to vote in a jurisdiction in person with an officer or employee of a State or local government entity; and''. (2) Meaning of in person.--Paragraph (1) of section 303(b) of such Act is amended by inserting at the end the following: ``For purposes of subparagraph (A)(ii), an individual shall not be considered to have registered in person if the registration is made by a person other than the person whose name appears on the voter registration form.''. (b) Conforming Amendment.--The heading for subsection (b) of section 303 of such Act is amended by inserting ``and Who Do Not Register in Person'' after ``Mail''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 303 of the Help America Vote Act of 2002. SEC. 3. INCREASED PENALTIES RELATING TO FRAUDULENT VOTER REGISTRATION IN CASES INVOLVING 10 OR MORE VIOLATIONS. (a) False Information in Registering or Voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) is amended by inserting at the end the following: ``In the case of any person who is found to have been in violation of this section with respect to 10 or more voter registrations, this section shall be applied by substituting `$20,000' for `$10,000' and by substituting `ten years' for `five years' with respect to each such violation.''. (b) Penalty Under National Voter Registration Act of 1993.--Section 12 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-10) is amended by inserting at the end the following: ``In the case of any person who is found to have been in violation of paragraph (2)(A) with respect to 10 or more registration applications, such person shall be fined not less $500,000 ($1,000,000 in the case of an organization) or shall be imprisoned not more than 10 years, or both, and any such fine shall be paid into the general fund of the Treasury as provided in the preceding sentence.''. (c) Effective Date.--The amendments made by this section shall apply to violations occurring after the date of the enactment of this Act.

Amends the Help America Vote Act of 2002 to require a State to apply the same self-identification requirements currently applicable to voters who register by mail also to those voters who do not register in person with an officer or employee of a State or local government entity. Amends the Voting Rights Act of 1965 and the National Voter Registration Act to provide for increased penalties relating to fraudulent voter registration in cases involving ten or more violations.

A bill to amend the Help America Vote Act of 2002 to ensure the same requirements that apply to voters who register by mail also apply to voters who do not register in person with an officer or employee of a State or local government entity, and to provide for increased penalties for fraudulent registration in cases involving 10 or more violations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Royalty In-Kind for Energy Assistance Improvement Act of 2006''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) As energy costs continue to rise, it is increasingly difficult for our most vulnerable residents to afford to heat and cool their homes. (2) The Energy Information Administration recently projected in its Short-term Energy Outlook that on average, households heating primarily with natural gas can expect to spend $178 (24 percent) more for fuel this winter than last winter. (3) Heating costs as well as costs of cooling in the summer are a concern. High summer electricity usage due to hot temperatures can put households in debt and at risk of disconnection. (4) More than 13 million households in poverty will spend an average of 25 percent of their entire annual income this year on their energy bills just to maintain their modest levels of usage. (5) The need for additional low-income energy assistance has never been greater. At current funding levels, the Low- Income Home Energy Assistance Program (LIHEAP) serves less than 15 percent of the eligible population. (6) LIHEAP is a critically important program because it ensures that low-income Americans don't have to choose between heating or cooling their homes and paying their medical bills or going without food, which is a common practice in one of three low-income families. (7) Under authorities granted in the Mineral Leasing Act (30 U.S.C. 182 et seq.) and the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the Secretary of the Interior may require Federal oil and gas lessees to satisfy their royalty payment obligation through ``royalty in-kind'' arrangements under which they provide oil instead of monetary value. (8) Section 342(j) of the Energy Policy Act of 2005 (42 U.S.C. 15902(j)) was intended to provide the Federal Government with an innovative tool, authorizing the Secretary to grant preference to low-income consumers when disposing of oil or natural gas received by the Government under such an arrangement. (9) However, the Department of the Interior has concluded that section 342(j) of the Energy Policy Act of 2005, as enacted, cannot be implemented because of legal deficiencies in the subsection as enacted. (b) Purpose.--The purpose of this Act is to amend section 342(j) of the Energy Policy Act of 2005 (42 U.S.C. 15902(j)) to make it possible to assist low-income consumers of energy to meet their energy needs. SEC. 3. AUTHORIZATION OF DISCOUNTED SALES OF ROYALTY OIL AND GAS TAKEN IN-KIND FROM FEDERAL OIL OR GAS LEASE TO PROVIDE ADDITIONAL RESOURCES TO LIHEAP. Section 342(j) of the Energy Policy Act of 2005 (42 U.S.C. 15902(j)) is amended by redesignating paragraph (2) as paragraph (3), and by inserting after paragraph (1) the following: ``(3) Discounted sales.-- ``(A) Authorization.--In granting a preference under paragraph (1), the Secretary may sell at a discounted price royalty oil or gas taken in-kind, in accordance with an agreement under this paragraph. ``(B) Discounted price.--The discounted price of oil or gas sold under this paragraph shall be not less than 50 percent of the fair market value of the oil or gas. ``(C) Agreement.--The Secretary shall require, as a condition of any sale to a person of oil or gas at a discounted price under this paragraph, that the person enter into an agreement with the Secretary under which the person is obligated to provide additional resources for a Federal low-income energy assistance program that have a value that is not less than the difference between-- ``(i) the sum of the fair market value of the purchased oil or gas, respectively; and ``(ii) the sum of-- ``(I) the amount paid by the person for the oil or gas; and ``(II) the administrative costs incurred by the person in purchasing the oil and complying with the agreement. ``(D) Compliance with anti-deficiency act.--Any sale of oil at a discounted price in accordance with this paragraph is deemed to be in compliance with section 1301(d) of title 31, United States Code, popularly known as the Anti-Deficiency Act. ``(E) Regulations.--In implementing this paragraph, the Secretary may issue rules, and may enter into such agreements with any Federal or State agency or other person, as the Secretary considers appropriate.''.

Royalty In-Kind for Energy Assistance Improvement Act of 2006 - Amends the Energy Policy Act of 2005, with respect to federal low-income energy assistance programs, to authorize the Secretary of Energy to sell at a discounted price any royalty oil or gas taken in-kind. Requires the discounted price to be at least 50% of the fair market value of the oil or gas.

To amend the Energy Policy Act of 2005 to authorize discounted sales of royalty oil and gas taken in-kind from a Federal oil or gas lease to provide additional resources to Federal low-income energy assistance programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Quincy Library Group Forest Recovery and Economic Stability Act of 1997''. SEC. 2. PILOT PROJECT FOR PLUMAS, LASSEN, AND TAHOE NATIONAL FORESTS TO IMPLEMENT QUINCY LIBRARY GROUP PROPOSAL. (a) Definition.--For purposes of this section, the term ``Quincy Library Group-Community Stability Proposal'' means the agreement by a coalition of representatives of fisheries, timber, environmental, county government, citizen groups, and local communities that formed in northern California to develop a resource management program that promotes ecologic and economic health for certain Federal lands and communities in the Sierra Nevada area. Such proposal includes the map entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated June 1993, and prepared by VESTRA Resources of Redding, California. (b) Pilot Project Required.-- (1) Pilot project and purpose.--The Secretary of Agriculture (in this section referred to as the ``Secretary''), acting through the Forest Service and after completion of an environmental impact statement (a record of decision for which shall be adopted within 200 days), shall conduct a pilot project on the Federal lands described in paragraph (2) to implement and demonstrate the effectiveness of the resource management activities described in subsection (d) and the other requirements of this section, as recommended in the Quincy Library Group-Community Stability Proposal. (2) Pilot project area.--The Secretary shall conduct the pilot project on the Federal lands within Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest in the State of California designated as ``Available for Group Selection'' on the map entitled ``QUINCY LIBRARY GROUP Community Stability Proposal'', dated June 1993 (in this section referred to as the ``pilot project area''). Such map shall be on file and available for inspection in the appropriate offices of the Forest Service. (c) Exclusion of Certain Lands, Riparian Protection and Compliance.-- (1) Exclusion.--All spotted owl habitat areas and protected activity centers located within the pilot project area designated under subsection (b)(2) will be deferred from resource management activities required under subsection (d) and timber harvesting during the term of the pilot project. (2) In general.--The Regional Forester for region 5 shall direct that during the term of the pilot project any resource management activity required by subsection (d), all road building, and all timber harvesting activities shall not be conducted on the Federal lands within the Plumas National Forest, Lassen National Forest, and Sierraville Ranger District of the Tahoe National Forest in the State of California that are designated as either ``Off Base'' or ``Deferred'' on the map referred to in subsection (a). (3) Riparian protection.-- (A) In general.--The Scientific Analysis Team guidelines for riparian system protection described in subparagraph (B) shall apply to all resource management activities conducted under subsection (d) and all timber harvesting activities that occur in the pilot project area during the term of the pilot project. (B) Guidelines described.--The guidelines referred to in subparagraph (A) are those in the document entitled ``Viability Assessments and Management Considerations for Species Associated with Late- Successional and Old-Growth Forests of the Pacific Northwest'', a Forest Service research document dated March 1993 and co-authored by the Scientific Analysis Team, including Dr. Jack Ward Thomas. (4) Compliance.--All resource management activities required by subsection (d) shall be implemented to the extent consistent with applicable Federal law and the standards and guidelines for the conservation of the California spotted owl as set forth in the California Spotted Owl Sierran Provence Interim Guidelines, or the subsequently issued final guidelines whichever is in effect. (d) Resource Management Activities.--During the term of the pilot project, the Secretary shall implement and carry out the following resource management activities on an acreage basis on the Federal lands included within the pilot project area designated under subsection (b)(2): (1) Fuelbreak construction.--Construction of a strategic system of defensible fuel profile zones, including shaded fuelbreaks, utilizing thinning, individual tree selection, and other methods of vegetation management consistent with the Quincy Library Group-Community Stability Proposal, on not less than 40,000, but not more than 60,000, acres per year. (2) Group selection and individual tree selection.-- Utilization of group selection and individual tree selection uneven-aged forest management prescriptions described in the Quincy Library Group-Community Stability Proposal to achieve a desired future condition of all-age, multistory, fire resilient forests as follows: (A) Group selection.--Group selection on an average acreage of .57 percent of the pilot project area land each year of the pilot project. (B) Individual tree selection.--Individual tree selection may also be utilized within the pilot project area. (3) Total acreage.--The total acreage on which resource management activities are implemented under this subsection shall not exceed 70,000 acres each year. (4) Riparian management.--A program of riparian management, including wide protection zones and riparian restoration projects, consistent with riparian protection guidelines in subsection (c)(2)(B). (e) Cost-Effectiveness.--In conducting the pilot project, Secretary shall use the most cost-effective means available, as determined by the Secretary, to implement resource management activities described in subsection (d). (f) Funding.-- (1) Source of funds.--In conducting the pilot project, the Secretary shall use, subject to the relevant reprogramming guidelines of the House and Senate Committees on Appropriations-- (A) those funds specifically provided to the Forest Service by the Secretary to implement resource management activities according to the Quincy Library Group-Community Stability Proposal; and (B) excess funds that are allocated for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest. (2) Prohibition on use of certain funds.--The Secretary may not conduct the pilot project using funds appropriated for any other unit of the National Forest System. (3) Flexibility.--Subject to normal reprogramming guidelines, during the term of the pilot project, the forest supervisors of Plumas National Forest, Lassen National Forest, and Tahoe National Forest may allocate and use all accounts that contain excess funds and all available excess funds for the administration and management of Plumas National Forest, Lassen National Forest, and the Sierraville Ranger District of Tahoe National Forest to perform the resource management activities described in subsection (d). (4) Restriction.--The Secretary or the forest supervisors, as the case may be, shall not utilize authority provided under paragraphs (1)(B) and (3) if, in their judgment, doing so will limit other nontimber related multiple use activities for which such funds were available. (5) Overhead.--Of amounts available to carry out this section-- (A) not more than 12 percent may be used or allocated for general administration or other overhead; and (B) at least 88 percent shall be used to implement and carry out activities required by this section. (6) Authorized supplemental funds.--There are authorized to be appropriated to implement and carry out the pilot project such sums as are necessary. (7) Baseline funds.--Amounts available for resource management activities authorized under subsection (d) shall at a minimum include existing baseline funding levels. (g) Term of Pilot Project.--The Secretary shall conduct the pilot project during the period beginning on the date of the enactment of this Act and ending on the later of the following: (1) The date on which the Secretary completes amendment or revision of the land and resource management plans for Plumas National Forest, Lassen National Forest, and Tahoe National Forest pursuant to subsection (i). (2) The date that is five years after the date of the commencement of the pilot project. (h) Consultation.--(1) Each statement required by subsection (b)(1) shall be prepared in consultation with the Quincy Library Group. (2) Contracting.--The Forest Service, subject to the availability of appropriations, may carry out any (or all) of the requirements of this section using private contracts. (i) Corresponding Forest Plan Amendments.--Within 180 days after the date of the enactment of this Act, the Regional Forester for Region 5 shall initiate the process to amend or revise the land and resource management plans for Plumas National Forest, Lassen National Forest, and Tahoe National Forest. The process shall include preparation of at least one alternative that-- (1) incorporates the pilot project and area designations made by subsection (b), the resource management activities described in subsection (d), and other aspects of the Quincy Library Group Community Stability Proposal; and (2) makes other changes warranted by the analyses conducted in compliance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604), and other applicable laws. (j) Reporting Requirements.-- (1) In general.--Not later than February 28 of each year during the term of the pilot project, the Secretary after consultation with the Quincy Library Group, shall submit to Congress a report on the status of the pilot project. The report shall include at least the following: (A) A complete accounting of the use of funds made available under subsection (f)(1)(A) until such funds are fully expended. (B) A complete accounting of the use of funds and accounts made available under subsection (f)(1) for the previous fiscal year, including a schedule of the amounts drawn from each account used to perform resource management activities described in subsection (d). (C) A description of total acres treated for each of the resource management activities required under subsection (d), forest health improvements, fire risk reductions, water yield increases, and other natural resources-related benefits achieved by the implementation of the resource management activities described in subsection (d). (D) A description of the economic benefits to local communities achieved by the implementation of the pilot project. (E) A comparison of the revenues generated by, and costs incurred in, the implementation of the resource management activities described in subsection (d) on the Federal lands included in the pilot project area with the revenues and costs during each of the fiscal years 1992 through 1997 for timber management of such lands before their inclusion in the pilot project. (F) A schedule for the resource management activities to be undertaken in the pilot project area during the calendar year. (G) A description of any adverse environmental impacts. (2) Limitation on expenditures.--The amount of Federal funds expended on each annual report under this subsection shall not exceed $50,000. (k) Final Report.-- (1) In general.--Beginning after completion of 6 months of the second year of the pilot project, the Secretary shall compile a science-based assessment of, and report on, the effectiveness of the pilot project in meeting the stated goals of this pilot project. Such assessment and report-- (A) shall include watershed monitoring of lands treated under this section, that should address the following issues on a priority basis: timing of water releases, water quality changes, and water yield changes over the short and long term in the pilot project area; (B) shall include an analysis of any adverse environmental impacts; (C) shall be compiled in consultation with the Quincy Library Group; and (D) shall be submitted to the Congress by July 1, 2002. (2) Limitations on expenditures.--The amount of Federal funds expended for the assessment and report under this subsection, other than for watershed monitoring under paragraph (1)(A), shall not exceed $150,000. The amount of Federal funds expended for watershed monitoring under paragraph (1)(A) shall not exceed $75,000 for each of fiscal years 2000, 2001, and 2002. (l) Relationship to Other Laws.--Nothing in this section exempts the pilot project from any Federal environmental law.

Quincy Library Group Forest Recovery and Economic Stability Act of 1997 - Directs the Secretary of Agriculture to conduct a pilot project within the Plumas, Lassen, and Tahoe National Forests, California, to demonstrate the effectiveness of specified fire resiliency resource management activities recommended by the Quincy Library Group-Community Stability Proposal. Exempts spotted owl habitat and protected areas within the project area from such required activities and timber harvesting. Provides for riparian protection. Limits: (1) annual project acreage; (2) funding sources; (3) project duration; and (4) report expenditures. Requires corresponding amendments to be made to the Plumas, Lassen, and Tahoe forest management plans within a specified time. Sets forth reporting provisions.

Quincy Library Group Forest Recovery and Economic Stability Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Genomic Science and Technology Innovation Act of 2002''. SEC. 2. FINDINGS. The Congress finds the following: (1) Genomic science promises a revolution in the development of new and effective genomic technologies and other innovations, and it is in the national interest to speed the development and deployment of these new technologies through policies that promote innovation in the field of genomic science and technology. (2) While Federal innovation policies can help stimulate innovation by attracting capital investment to the development of commercial products, such policies can also inhibit basic research and hinder sharing of information that is the basis of scientific progress, thereby slowing the innovation process. (3) Intellectual property policies for genomic science and technology products are being implemented without an adequate understanding and consideration of the net impact of such policies on the innovation process. (4) Decisions about intellectual property policy being made now are likely to have significant impacts on basic research and the development of genomic technology for decades to come. (5) The Office of Science and Technology Policy is uniquely positioned to lead the development of a coordinated, interagency policy to promote innovation in genomic science and technology. A definitive study coordinated by the Office of Science and Technology Policy that identifies the impacts of Federal innovation policy on the innovation pipeline for genomic technology and includes recommendations for policies, including any statutory changes needed to optimize the genomic technology innovation pipeline, would contribute significantly to the development of the policy. SEC. 3. STUDY. (a) Requirement.--The Director of the Office of Science and Technology Policy shall conduct, or may contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies. (b) Consultation.--In conducting the study, the Director of the Office of Science and Technology Policy shall consult with the National Science and Technology Council, the National Science Foundation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Health and Human Services, and other agencies or divisions of agencies the Director considers appropriate. (c) Advisory Committee.--In conducting the study, the Director of the Office of Science and Technology Policy shall consult with an advisory committee, organized as a subcommittee of the President's Committee of Advisors on Science and Technology, that shall include balanced membership from research universities and other nonprofit research institutions, industry, economists, legal experts, bioethicists, clinicians and clinical scientists, genetic practitioners, and advocacy groups. (d) Contents.--The study shall-- (1) identify and quantify, to extent possible, the actual and reasonably expected effects of innovation policy on genomic science and technology innovation; (2) explicitly consider various alternative levels of intellectual property protection genomic materials may receive and the likely impact of the various levels of protection on each element of the innovation pipeline, including-- (A) fundamental genomic research carried out at universities and other nonprofit research institutions; (B) commercial genomic research at universities, nonprofit research institutions, and for-profit institutions, including the expected effects on intracompany investment and external private capital; (C) development of commercial genomic technologies, including the expected effects on investment capital; and (D) access to genomic technologies and processes; and (3) include an assessment of the net impact of Federal innovation policies on innovation for genomic technologies, including an assessment of-- (A) researchers' access to genomic materials; (B) the rate of innovation; (C) the quality of innovation; (D) the cost of new genomic technologies brought to market; (E) the impact of restricted access to genomic diagnostics on evaluation, improvement, and clinical utilization; (F) the cost and availability of innovative technology; (G) whether Federal innovation policies create barriers to research through denial of use of a research tool, increased costs of licensing, legal and litigation costs, transaction costs, or the perception of increased legal liability, or hinder the access of researchers to genomic materials and to databases of genomic sequence information; (H) whether Federal innovation policies affect the choice of area of research conducted by researchers or institutions or provide positive benefits to such research, including additional funding from private sector partners; and (I) the range of incentives providing motivation for genetics research and technology development other than intellectual property protection. SEC. 4. REPORT. The Director of the Office of Science and Technology Policy shall, within 270 days after the date of the enactment of this Act, transmit a report to Congress that-- (1) contains the findings of the study conducted under section 3; and (2) makes recommendations for policies, including legislative changes, needed to optimize the genomic technology innovation pipeline. SEC. 5. COORDINATED POLICY. After the report is transmitted to Congress under section 4, the Director of the Office of Science and Technology Policy shall incorporate the policy recommendations into a coordinated interagency policy to promote innovation in genomic science and technology, including the sound use of intellectual property policy. SEC. 6. DEFINITIONS. For the purposes of this Act-- (1) the term ``genomic materials'' means any material containing a human or human pathogen polynucleotide sequence other than genetic probes and markers and transgenic organisms; (2) the term ``genomic technology'' means any genetic diagnostic methods or kits, tools, probes, or markers, and any pharmaceutical or therapy that uses or incorporates genomic materials; and (3) the term ``innovation policy'' includes intellectual property protection and policies.

Genomic Science and Technology Innovation Act of 2002 - Requires the Director of the Office of Science and Technology Policy to conduct, or contract with the National Academy of Sciences to conduct, a study that assesses the impact of Federal policies, including intellectual property policies, on the innovation process for genomic technologies.Requires such study to: (1) identify and quantify the effects of innovation policy on genomic science and technology innovation; (2) consider alternative levels of intellectual property protection genomic materials may receive and the likely impact on each element of the innovation pipeline; and (3) assess the net impact of Federal innovative policies.

To direct the Director of the Office of Science and Technology Policy to conduct a study of the impact of Federal policies on the innovation process for genomic technologies, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Permanent Residents Act of 1999''. SEC. 2. LIMITING THE DISQUALIFICATION, BASED ON COMMISSION OF CERTAIN AGGRAVATED FELONIES, FROM CANCELLATION OF REMOVAL FOR PERMANENT RESIDENTS. (a) In General.--Section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) is amended to read as follows: ``Sec. 240A. (a) Cancellation of Removal for Certain Permanent Residents.-- ``(1) In general.--The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-- ``(A) has been an alien lawfully admitted for permanent residence for not less than 5 years; ``(B) has resided in the United States continuously for 7 years after having been admitted in any status; and ``(C) has not been convicted of any aggravated felony. ``(2) Limiting application of certain modifications to aggravated felony definition.-- ``(A) In general.--An alien described in subparagraph (B) who is otherwise qualified may request the Attorney General to exercise the discretion granted under paragraph (1) as if the following provisions had not been enacted: ``(i) Paragraphs (4) through (6) of section 440(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278). ``(ii) Section 440(e)(8) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278), as applied only with respect to the addition of subparagraphs (R) and (T) of section 101(a)(43) of this Act. ``(iii) Paragraphs (7), (9), and (10) of section 321(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628). ``(iv) Section 321(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as applied only with respect to subparagraphs (F), (G), and (P) of section 101(a)(43) of this Act. ``(v) Section 440(e)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1277), and section 321(a)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009- 627), as applied only to an offense described in section 1955 of title 18, United States Code (relating to gambling offenses). ``(vi) Section 321(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628), as applied only with respect to subparagraphs (F), (G), (M), (P), (Q), (R), (T), and (U) of section 101(a)(43) of this Act, and with respect to subparagraph (J) of such section (but only to the extent subparagraph (J) relates to an offense described in section 1955 of title 18, United States Code). ``(B) Alien described.--An alien described in this subparagraph is an alien who-- ``(i) was convicted of one aggravated felony that is not a serious violent felony (as defined in section 3559(c)(2)(F) of title 18, United States Code); ``(ii) as a direct result of such conviction, is the subject of a removal proceeding-- ``(I) the commencement of which would not have been authorized but for the enactment of one or more of the provisions described in clauses (i) through (vi) of subparagraph (A); or ``(II) with respect to which the alien would have satisfied the requirements for the application of discretion granted to the Attorney General under paragraph (1) but for the enactment of one or more of such provisions; ``(iii) has never been convicted of any felony other than the felony described in clause (i); and ``(iv) disregarding such felony, has been a person of good moral character during all periods of residence in the United States. ``(C) No danger to persons or property.--In the case of an alien convicted of an aggravated felony involving violence, the Attorney General may exercise the discretion described in subparagraph (A) only after making a written determination that the action poses no danger to the safety of persons or property. The duty of the Attorney General under this subparagraph may not be delegated to any officer or employee of the Department of Justice other than an Assistant Attorney General, a Deputy Attorney General, an Associate Attorney General, or any other attorney assigned to the Office of the Attorney General or an office of an Assistant Attorney General, a Deputy Attorney General, or an Associate Attorney General. ``(D) Applications.--An alien may file only one application for relief under this paragraph. Such application shall be filed not later than 60 days after the commencement of the removal proceeding described in subparagraph (B)(ii).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to convictions entered on or after such date. SEC. 3. DISCRETION TO GRANT RELIEF TO CERTAIN OTHER PERMANENT RESIDENTS. (a) Establishment of Process.--Notwithstanding section 240(c)(6) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other limitation imposed by law on motions to reopen proceedings under such Act, the Attorney General shall establish a process (whether through permitting the reopening of a proceeding described in subsection (b)(2) or otherwise) under which an alien described in subsection (b) who is otherwise qualified may request the Attorney General to exercise the discretion granted under the authorities described in subsection (c) as if the following provisions had not been enacted: (1) Paragraphs (4) through (6) of section 440(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278). (2) Section 440(e)(8) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1278), as applied only with respect to the addition of subparagraphs (R) and (T) of section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)). (3) Paragraphs (7), (9), and (10) of section 321(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628). (4) Section 321(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as applied only with respect to subparagraphs (F), (G), and (P) of section 101(a)(43) of the Immigration and Nationality Act. (5) Section 440(e)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (110 Stat. 1277), and section 321(a)(4) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-627), as applied only to an offense described in section 1955 of title 18, United States Code (relating to gambling offenses). (6) Section 321(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (110 Stat. 3009-628), as applied only with respect to subparagraphs (F), (G), (M), (P), (Q), (R), (T), and (U) of section 101(a)(43) of the Immigration and Nationality Act, and with respect to subparagraph (J) of such section (but only to the extent subparagraph (J) relates to an offense described in section 1955 of title 18, United States Code). (b) Alien Described.--An alien described in this subsection is an alien who-- (1) was convicted before the date of the enactment of this Act of one aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))) that is not a serious violent felony (as defined in section 3559(c)(2)(F) of title 18, United States Code); (2) as a direct result of such conviction, is the subject of a proceeding-- (A) the commencement of which would not have been authorized but for the enactment of one or more of the provisions described in paragraphs (1) through (6) of subsection (a); or (B) with respect to which the alien would have satisfied the requirements for the application of discretion granted to the Attorney General under one or more of the authorities described in subsection (c) but for the enactment of one or more of such provisions; (3) is lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))); (4) has never been convicted of any felony other than the felony described in paragraph (1); and (5) disregarding such felony, has been a person of good moral character (as defined in section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) during all periods of residence in the United States. (c) Authorities.--The provisions referred to in this subsection are the following: (1) Section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)). (2) Section 212(c) of the Immigration and Nationality Act (as in effect on March 31, 1997). (3) Section 244(a) of the Immigration and Nationality Act (as in effect on March 31, 1997). (d) No Danger to Persons or Property.--In the case of an alien convicted of an aggravated felony involving violence, the Attorney General may exercise the discretion described in subsection (a) only after making a written determination that the action poses no danger to the safety of persons or property. The duty of the Attorney General under this subsection may not be delegated to any officer or employee of the Department of Justice other than an Assistant Attorney General, a Deputy Attorney General, an Associate Attorney General, or any other attorney assigned to the Office of the Attorney General or an office of an Assistant Attorney General, a Deputy Attorney General, or an Associate Attorney General. (e) Applications.--The process established under subsection (a)-- (1) shall permit an alien to file only one application pursuant to this section; and (2) in the case of a proceeding described in subsection (b)(2) that is commenced after the date of the enactment of this Act, shall require that such application be filed not later than 60 days after such commencement. SEC. 4. MODIFICATION OF CERTAIN PROVISIONS ON DETENTION AND RELEASE OF ALIENS. (a) Detention and Release of Criminal Aliens Pending Removal Decision.--Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended-- (1) by adding at the end the following: ``(3) Release from custody.--Notwithstanding paragraph (2) or any other provision of this section, the Attorney General may release any alien described in paragraph (1) if the Attorney General determines that the alien does not pose a danger to society, does not pose a flight risk, and is likely to comply with any terms of supervision that are imposed and any subsequent order of removal. If released, the alien shall be subject to supervision under regulations prescribed by the Attorney General that include the provisions specified in subparagraphs (A) through (D) of section 241(a)(3).''; and (2) by amending subsection (e) to read as follows: ``(e) Administrative and Judicial Review.-- ``(1) Administrative review.--A decision under this section relating to the release of any alien described in subsection (c)(1) shall be subject to review by the United States Board of Immigration Appeals of the Department of Justice. The preceding sentence shall not be construed as limiting any administrative review otherwise available under law of any action or decision under this section. ``(2) Judicial review.--The Attorney General's discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.''. (b) Detention of Inadmissible or Criminal Aliens Ordered Removed.-- Section 241(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(6)) is amended to read as follows: ``(6) Inadmissible or criminal aliens.-- ``(A) In general.--An alien ordered removed who is inadmissible under section 212, removable under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) or who has been determined by the Attorney General to be a risk to the community or unlikely to comply with the order of removal, may be detained beyond the removal period for a reasonable period of time, not to exceed 3 months after the termination of such period, in order to allow for ongoing negotiations between the United States and a foreign state or states. If such an alien is released, the alien shall be subject to the terms of supervision in paragraph (3). During such 3-month period, the Attorney General shall release the alien upon a showing that the alien does not pose a danger to society, does not pose a flight risk, and is likely to comply with the removal order. ``(B) Release.--Notwithstanding any other provision of this section, if the Attorney General determines that an alien ordered removed who is inadmissible under section 212 or removable under section 237(a)(1)(C), 237(a)(2), or 237(a)(4) does not pose a danger to society, does not pose a flight risk, and is likely to comply with the removal order, the Attorney General shall release the alien after the removal period. If released, the alien shall be subject to the terms of supervision in paragraph (3). ``(C) Administrative review.--A decision under this paragraph relating to the release of any alien shall be subject to review by the United States Board of Immigration Appeals of the Department of Justice. The preceding sentence shall not be construed as limiting any administrative review otherwise available under law of any action or decision under this section.''. (c) Effective Date.--The amendments made by this section shall be effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 3009-546) and shall apply to individuals with convictions entered before, on, or after the date of the enactment of this Act.

Directs the Attorney General to establish a process for discretionary waiver of inadmissibility or deportation of specified aliens under similar circumstances as above. Authorizes the supervised release of certain aliens from detention pending removal decisions. Subjects such decision (by the Attorney General) to administrative review only. Authorizes not more than three months' additional detention for inadmissible or criminal aliens deemed to be a risk in order to allow for removal negotiations between the United States and a foreign nation. Revises related release provisions.

Fairness for Permanent Residents Act of 1999

SECTION 1. SMALL BUSINESS INFORMATION SECURITY TASK FORCE. (a) Definitions.--In this section-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``small business concern'' has the same meaning as in section 3 of the Small Business Act (15 U.S.C. 632); and (3) the term ``task force'' means the task force established under subsection (b). (b) Establishment.--The Administrator, in coordination with the Secretary of Homeland Security, shall establish a task force, to be known as the Small Business Information Security Task Force, to address the information technology security needs of small business concerns and to help small business concerns prevent the loss of credit card data. (c) Duties.--The task force shall-- (1) identify-- (A) the information technology security needs of small business concerns; and (B) the programs and services provided by the Federal Government, State Governments, and nongovernment organizations that serve those needs; (2) assess the extent to which the programs and services identified under paragraph (1)(B) serve the needs identified under paragraph (1)(A); (3) make recommendations to the Administrator on how to more effectively serve the needs identified under paragraph (1)(A) through-- (A) programs and services identified under paragraph (1)(B); and (B) new programs and services promoted by the task force; (4) make recommendations on how the Administrator may promote-- (A) new programs and services that the task force recommends under paragraph (3)(B); and (B) programs and services identified under paragraph (1)(B); (5) make recommendations on how the Administrator may inform and educate with respect to-- (A) the needs identified under paragraph (1)(A); (B) new programs and services that the task force recommends under paragraph (3)(B); and (C) programs and services identified under paragraph (1)(B); (6) make recommendations on how the Administrator may more effectively work with public and private interests to address the information technology security needs of small business concerns; and (7) make recommendations on the creation of a permanent advisory board that would make recommendations to the Administrator on how to address the information technology security needs of small business concerns. (d) Internet Website Recommendations.--The task force shall make recommendations to the Administrator relating to the establishment of an Internet website to be used by the Administration to receive and dispense information and resources with respect to the needs identified under subsection (c)(1)(A) and the programs and services identified under subsection (c)(1)(B). As part of the recommendations, the task force shall identify the Internet sites of appropriate programs, services, and organizations, both public and private, to which the Internet website should link. (e) Education Programs.--The task force shall make recommendations to the Administrator relating to developing additional education materials and programs with respect to the needs identified under subsection (c)(1)(A). (f) Existing Materials.--The task force shall organize and distribute existing materials that inform and educate with respect to the needs identified under subsection (c)(1)(A) and the programs and services identified under subsection (c)(1)(B). (g) Coordination With Public and Private Sector.--In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from, public and private entities, including-- (1) any subordinate officer of the Administrator; (2) any organization authorized by the Small Business Act to provide assistance and advice to small business concerns; (3) other Federal agencies, their officers, or employees; and (4) any other organization, entity, or person not described in paragraph (1), (2), or (3). (h) Appointment of Members.-- (1) Chairperson and vice-chairperson.--The task force shall have-- (A) a Chairperson, appointed by the Administrator; and (B) a Vice-Chairperson, appointed by the Administrator, in consultation with appropriate nongovernmental organizations, entities, or persons. (2) Members.-- (A) Chairperson and vice-chairperson.--The Chairperson and the Vice-Chairperson shall serve as members of the task force. (B) Additional members.-- (i) In general.--The task force shall have additional members, each of whom shall be appointed by the Chairperson, with the approval of the Administrator. (ii) Number of members.--The number of additional members shall be determined by the Chairperson, in consultation with the Administrator, except that-- (I) the additional members shall include, for each of the groups specified in paragraph (3), at least 1 member appointed from within that group; and (II) the number of additional members shall not exceed 13. (3) Groups represented.--The groups specified in this paragraph are-- (A) subject matter experts; (B) users of information technologies within small business concerns; (C) vendors of information technologies to small business concerns; (D) academics with expertise in the use of information technologies to support business; (E) small business trade associations; (F) Federal, State, or local agencies, including the Department of Homeland Security, engaged in securing cyberspace; and (G) information technology training providers with expertise in the use of information technologies to support business. (4) Political affiliation.--The appointments under this subsection shall be made without regard to political affiliation. (i) Meetings.-- (1) Frequency.--The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties. (2) Quorum.--A majority of the members of the task force shall constitute a quorum. (3) Location.--The Administrator shall designate, and make available to the task force, a location at a facility under the control of the Administrator for use by the task force for its meetings. (4) Minutes.-- (A) In general.--Not later than 30 days after the date of each meeting, the task force shall publish the minutes of the meeting in the Federal Register and shall submit to Administrator any findings or recommendations approved at the meeting. (B) Submission to congress.--Not later than 60 days after the date that the Administrator receives minutes under subparagraph (A), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives such minutes, together with any comments the Administrator considers appropriate. (5) Findings.-- (A) In general.--Not later than the date on which the task force terminates under subsection (m), the task force shall submit to the Administrator a final report on any findings and recommendations of the task force approved at a meeting of the task force. (B) Submission to congress.--Not later than 90 days after the date on which the Administrator receives the report under subparagraph (A), the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the full text of the report submitted under subparagraph (A), together with any comments the Administrator considers appropriate. (j) Personnel Matters.-- (1) Compensation of members.--Each member of the task force shall serve without pay for their service on the task force. (2) Travel expenses.--Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Detail of sba employees.--The Administrator may detail, without reimbursement, any of the personnel of the Administration to the task force to assist it in carrying out the duties of the task force. Such a detail shall be without interruption or loss of civil status or privilege. (4) SBA support of the task force.--Upon the request of the task force, the Administrator shall provide to the task force the administrative support services that the Administrator and the Chairperson jointly determine to be necessary for the task force to carry out its duties. (k) Not Subject to Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force. (l) Startup Deadlines.--The initial appointment of the members of the task force shall be completed not later than 90 days after the date of enactment of this Act, and the first meeting of the task force shall be not later than 180 days after the date of enactment of this Act. (m) Termination.-- (1) In general.--Except as provided in paragraph (2), the task force shall terminate at the end of fiscal year 2013. (2) Exception.--If, as of the termination date under paragraph (1), the task force has not complied with subsection (i)(4) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with subsection (i)(4) with respect to those meetings. (n) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $300,000 for each of fiscal years 2010 through 2013.

Directs the Administrator of the Small Business Administration (SBA) to establish the Small Business Information Security Task Force to address the information technology security needs of small businesses and to help small businesses prevent the loss of credit card data. Requires the Task Force, among other duties, to make recommendations to the Administrator on the establishment of an Internet website to be used by the SBA to receive and dispense information and resources with respect to such needs.

A bill to establish the Small Business Information Security Task Force to address information security concerns relating to credit card data and other proprietary information.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Defending American Taxpayers From Abusive Government Takings Act of 2012''. SEC. 2. PROHIBITION RELATING TO USE OF POWER OF EMINENT DOMAIN. (a) Fannie Mae.--Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: ``(7)(A) Notwithstanding any other provision of law, the corporation may not purchase any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan that the State (or the District of Columbia, the Commonwealth or Puerto Rico, or any territory or possession of the United States), including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. ``(B) For purposes of this paragraph, the term `residential mortgage loan' means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage loan or any subordinate mortgage loan.''. (b) Freddie Mac.--Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)) is amended by adding at the end the following new paragraph: ``(6)(A) Notwithstanding any other provision of law, the Corporation may not purchase any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan that the State (or the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States), including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. ``(B) For purposes of this paragraph, the term `residential mortgage loan' means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage.''. (c) FHA.--Title V of the National Housing Act (12 U.S.C. 1731a et seq.) is amended by adding at the end the following new section: ``SEC. 543. PROHIBITION RELATING TO USE OF POWER OF EMINENT DOMAIN. ``(a) In General.--Notwithstanding any other provision of law, the Secretary may not newly insure under this Act any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured to a residential mortgage loan that the State (or the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States), including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. ``(b) Definition.--For purposes of this paragraph, the term `residential mortgage loan' means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage.''. (d) VA.-- (1) In general.--Chapter 37 of title 38, United States Code, is amended by adding after section 3736 the following new section: ``SEC. 3737. PROHIBITION RELATING TO USE OF POWER OF EMINENT DOMAIN. ``(a) Prohibition.--The Secretary may not guarantee, make, or insure a loan under this chapter if such loan is for a residence that is located within a county (or trust land with respect to a loan under subchapter V) that contains any residence that secures or secured a residential mortgage loan that the State, including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. ``(b) Definitions.--In this section: ``(1) The term `residential mortgage loan' means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage. ``(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, any other territory or possession of the United States, and each federally recognized Indian tribe.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3736 the following new item: ``3737. Prohibition relating to use of power of eminent domain.''.

Defending American Taxpayers From Abusive Government Takings Act of 2012 - Amends the Federal National Mortgage Association Charter Act to prohibit the Federal National Mortgage Association (Fannie Mae) from purchasing any mortgage secured by a structure or dwelling unit located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan that the state or any territory, including any agency or political subdivision, obtained during the preceding 120 months by eminent domain. Amends the Federal Home Loan Mortgage Corporation Act to prohibit the Federal Home Loan Mortgage Corporation (Freddie Mac) from doing the same. Amends the National Housing Act to prohibit the Secretary of Housing and Urban Development (HUD) from newly insuring any mortgage secured by a structure or dwelling unit located in such a county. Prohibits the Secretary from guaranteeing, making, or insuring a housing or small business loan for a residence located in such a county.

To prohibit Fannie Mae and Freddie Mac from purchasing, the FHA from insuring, and the Department of Veterans Affairs from guaranteeing, making, or insuring, a mortgage that is secured by a residence or residential structure located in a county in which the State has used the power of eminent domain to take a residential mortgage.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The freedom to practice religion and to express religious thought is acknowledged to be one of the fundamental and unalienable rights belonging to all individuals. (2) The Framers of the Constitution deliberately withheld, in the main body of that document, any authority for the Federal Government to meddle with the religious affairs or with the free speech of the people. Then, as further and more specific protection for the people, they added the first amendment, which includes the ``establishment clause'' and the ``freedom of speech clause'' which are as follows: ``Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech . . .''. It is of utmost importance to note that the first amendment is not a grant of authority to the Federal Government. To the contrary, it is a specific restriction upon the exercise of power by the Federal Government. (3) For over 150 years, the Court held to this historically correct position in interpreting the first amendment. During this period, scant mention was made to ``The Separation of Church and State''. (4) Then, beginning in 1947, and accelerating through the 60's, the Court abruptly reversed its position. This was done with no change in the law, either by statute or by amendment to the Constitution. The Court invented the distorted meaning of the first amendment utilizing the separation of ``church and state'' in 1947 in Everson v. Board of Education when it announced: The First Amendment has erected a wall between church and state. That wall must be kept high and impregnable. We could not approve the slightest breach. (Everson v. Board of Education; 330 U.S. 1, 18 [1947]). Over the past five decades, rulings of the United States Supreme Court have served to infringe upon the rights of Americans to enjoy freedom of speech relating to religious matters. Such infringements include the outlawing of prayer in schools and of the display of the Ten Commandments in public places. These rulings have not reflected a neutrality toward religious denominations but a hostility toward religious thought. They have served to undermine the foundation of not only our moral code but our system of law and justice. (5) In making this abrupt change, the Court ignored all historical precedent established previously by the Court, the wording of the First Amendment, and the intent of its framers. The rulings are legally irrational and without foundation. Although the Court presumed to rely upon the First Amendment for its authority for these rulings, a review of that Amendment reveals that said rulings could not possibly have been based upon its original intent. Consequently, it is incumbent upon this Congress to review not only the rulings of the Court which are in question but the wording and history of the First Amendment to determine the intent of its framers. This abrupt change is found in the following court cases: (A) ``A verbal prayer offered in a school is unconstitutional, even if that prayer is both voluntary and denominationally neutral.'' (Engel v. Vitale, 1962, Abington v. Schempp, 1963, Commissioner of Education v. School Committee of Leyden, 1971.) (B) ``Freedoms of speech and press are guaranteed to students and teachers unless the topic is religious, at which time such speech becomes unconstitutional.'' (Stein v. Oshinsky, 1965, Collins v. Chandler Unified School District, 1981, Bishop v. Aronov, 1991, Duran v. Nitsche, 1991.) (C) ``It is unconstitutional for students to see the Ten Commandments since they might read, meditate upon, respect, or obey them.'' (Stone v. Graham, 1980, Ring v. Grand Forks Public School District, 1980, Lanner v. Wimmer, 1981.) (D) ``If a student prays over his lunch, it is unconstitutional for him to pray aloud.'' (Reed v. Van Hoven, 1965.) (E) ``The Ten Commandments, despite the fact that they are the basis of civil law and are depicted in engraved stone in the United States Supreme Court, may not be displayed at a public courthouse.'' (Harvey v. Cobb County, 1993.) (F) ``When a student addresses an assembly of his peers, he effectively becomes a government representative; it is therefore unconstitutional for that student to engage in prayer.'' (Harris v. Joint School District, 1994.) (G) By interpreting the establishment clause to preclude prayer and other religious speech in any public place, the Supreme Court necessarily violates the free speech clause of the very same first amendment. These rulings of the Court constitute de facto legislation or Constitution-amending. This is a serious violation of the doctrine of separation of powers, as all legislative authority bestowed by the people through the Constitution is bestowed upon the Congress and the Congress alone. (6) A fundamental maxim of law is, whenever the intent of a statute or a constitution is in question, to refer to the words of its framers to determine their intent and use this intent as the true intent of the law. (7) The intent of the First Amendment was and is clear on these two points: The Federal Government was prohibited from enacting any laws which would favor one religious denomination over another and the Federal Government has no power to forbid or prohibit any mention of religion, the Ten Commandments or reference to God in civic dialog. (8) In its rulings to prohibit Americans from saying prayers in school or from displaying the Ten Commandments in public places, the Court has relied heavily upon the metaphor, ``Separation of Church and State''. Note that this phrase is nowhere to be found in the First Amendment or any other place in the Constitution. (9) The metaphor, ``Separation of Church and State'', was extracted, out of context, from a letter from Thomas Jefferson to the Danbury Baptists in reply to a letter from them expressing concern that the Federal Government might intrude in religious matters by favoring one denomination over another. Jefferson's reply was that the First Amendment would preclude such intrusion. (10) The Court, in its use of Separation of Church and State, has given to this phrase a meaning never intended by its author; it took it out of context and inverted its meaning and intent. The complete text of Jefferson's letter is found in Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury Baptist Association on January 1, 1802. (11) Justice William Rehnquist made an extensive study of the history of the First Amendment. In his dissent in Wallace v. Jaffree (472 U.S. 38, 48, n. 30 [1984],) he stated: ``There is simply no historical foundation for the proposition that the Framers intended to build the `wall of separation' that was constitutionalized in Everson. . . . But the greatest injury of the `wall' notion is its mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. . . . [N]o amount of repetition of historical errors in judicial opinions can make the errors true. The `wall of separation between church and state' is a metaphor based on bad history. . . . It should be frankly and explicitly abandoned. . . . Our perception has been clouded not by the Constitution but by the mists of an unnecessary metaphor. It would come as much of a shock to those who drafted the Bill of Rights, as it will to a large number of thoughtful Americans today, to learn that the Constitution, as construed by the majority, prohibits the Alabama Legislature from endorsing prayer. George Washington himself, at the request of the very Congress which passed the Bill of Rights, proclaimed a day of public thanksgiving and prayer, to be observed by acknowledging with grateful hearts the many and signal favors of Almighty God. History must judge whether it was the Father of his Country in 1789, or a majority of the Court today, which has strayed from the meaning of the Establishment Clause.'' (12) As Justice Rehnquist states, the greatest injury of the ``wall'' notion is its ``mischievous diversion of judges from the actual intentions of the drafters of the Bill of Rights. . . .'' It is necessary to review not only Jefferson's intent in his use of this ``wall'', but his involvement or noninvolvement in the drafting of the First Amendment, and the intent of the framers of the First Amendment. (13) Jefferson was neither the author of nor a coauthor of the First Amendment. He cannot be considered as a source of legal authority on this subject. The Court, if it had wished to rely upon Jefferson to determine the true and original intent of the First Amendment, could have served themselves and the American people well by referring to Jefferson's admonition to Judge William Johnson regarding the determination of the original intent of a statute or a constitution: ``On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the probable one in which it was passed.'' (Thomas Jefferson, Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Thomas Jefferson Randolph, editor [Boston: Gray and Bowen, 1830, Vol. IV., p. 373,] to Judge William Johnson on June 12, 1823). (14) The principal authors of the First Amendment, the record reveals, were Fisher Ames and Elbridge Gerry of Massachusetts, not Thomas Jefferson. Others who participated were John Vining of Delaware, Daniel Carroll and Charles Carroll of Maryland, Benjamin Huntington, Roger Sherman and Oliver Ellsworth of Connecticut, William Paterson of New Jersey, and James Madison and George Mason of Virginia. Thomas Jefferson is not found in the record as having participated. (The Debates and Proceedings in the Congress of the United States [Washington, D.C.; Gales and Seaton, 1834], Vol. I, pp. 440-948, June 8-September 24, 1789.) (15) George Mason, a member of the Constitutional Convention and recognized as ``The Father of the Bill of Rights'', submitted this proposal for the wording of the First Amendment: ``All men have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience; and that no particular sect or society of Christians ought to be favored or established by law in preference to others.'' (Kate Mason Rowland, The Life of George Mason [New York: G.P. Putnam's Sons, 1892,] Vol I, p. 244.) (16) The Father of the Constitution, James Madison, submitted the following wording for the First Amendment: ``The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established.'' (The Debates and Proceedings in the Congress of the United States [Washington, D.C.; Gales and Season, 1834,] Vol. I, p. 451, James Madison, June 8, 1789.) (17) The true intent of the First Amendment is reflected by the proposals submitted by Fisher Ames, George Mason and James Madison and the wording finally adopted. (18) Justice Joseph Story, considered the Father of American Jurisprudence, stated in his Commentaries on the Constitution: ``The real object of the [First A]mendment was not to countenance, much less to advance Mohometanism [sp], or Judaism, or infidelity by prostrating Christianity; but to exclude all rivalry among Christian sects and to prevent any national ecclesiastical establishment which should give to a hierarchy [a denominational council] the exclusive patronage of the national government. (Joseph Story, Commentaries on the Constitution of the United States [Boston; Hilliard, Gray and Company, 1833], p. 728, par. 1871.) (19) Proof that the intent of the framers of the First Amendment did not intend for the Federal Government to restrict the exercise of free speech in religious matters in civic dialog is found in various statements by George Washington, who was President when the Congress adopted the First Amendment. The following is found in his ``Farewell Address'': `` . . . of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness.'' (George Washington, Address of George Washington, President of the United States. . . . Preparatory to his Declination [Baltimore: George and Henry S. Keatinge, 1796], pp. 22-23. (20) James Wilson was a very active member of the Convention and was later appointed by President George Washington as an original Justice on the United States Supreme Court where he coauthored America's first legal text on the Constitution. Wilson never mentioned a ``separation of church and state''. To the contrary, he declared the correlation between religion and civil laws: Far from being rivals or enemies, religion and law are twin sisters, friends, and mutual assistants. (James Wilson, The Works of James Wilson, Bird Wilson, editor. Philadelphia; Bronson and Chauncey, 1804. Vol. I, pp. 104-106.) (21) It was Fisher Ames of Massachusetts who provided, on the 20th of August, 1789, the final wording for the First Amendment as passed by the House of Representatives. Fisher Ames, who should be considered the foremost authority on the intent of the First Amendment, never spoke of a separation of church and state. (Fisher Ames, Works of Fisher Ames, Boston; T.B. Wait & Co. 1809, p. 134, 135.) (22) Because the Court does not seem to be disposed to correct this egregious error, it is incumbent upon the Congress of the United States to perform its duty to support and defend the Constitution of the United States, by the use of its authority to apply checks and balances to other branches of the government, when usurpations and the exercise of excesses of power are evident. The Congress must, then, take the appropriate steps to correct egregious problem. SEC. 3. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL DISTRICT COURT JURISDICTION. (a) In General.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1369. Exclusion of jurisdiction over religious freedom-related cases ``(a) In General.--The district courts of the United States, the District Court of Guam, the District Court of the Virgin Islands, and the District Court for the Northern Mariana Islands shall not have jurisdiction to hear or determine any religious freedom-related case. ``(b) Definition.--For purposes of this section, the term `religious freedom-related case' means any action in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: ``1369. Exclusion of jurisdiction over religious freedom-related cases.''. SEC. 4. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL CLAIMS COURT JURISDICTION. (a) In General.--Chapter 91 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1510. Removal of jurisdiction over religious freedom-related cases ``(a) In General.--The United States Court of Federal Claims shall not have jurisdiction to hear or determine any religious freedom- related case. ``(b) Definition.--For purposes of this section, the term `religious freedom-related case' means any action in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 91 of title 28, United States Code, is amended by adding at the end the following new item: ``1510. Removal of jurisdiction over religious freedom-related cases.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to cases filed on or after the date of the enactment of this Act.

Religious Freedom Restoration Act - Amends the Federal judicial code to deny the district courts of the United States, Guam, the Virgin Islands, and the Northern Mariana Islands and the United States Court of Federal Claims jurisdiction to hear or determine any case in which any requirement, prohibition, or other provision relating to religious freedom that is contained in a State or Federal statute is at issue.

To restore first amendment protections of religion and religious speech.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sound Science in Risk Assessment Act''. SEC. 2. FINDINGS. Congress finds that-- (1) as of the date of enactment of this Act, approximately $140,000,000,000 per year, over 2 percent of the annual gross national product of the United States, is being spent on environmental compliance, and the amount being spent is expected to rise substantially; (2) unfunded Federal environmental mandates are straining the budgets of State and local governments and may diminish the financial resources available for other important public programs and services; (3) an environmental risk assessment developed by the Environmental Protection Agency is often perceived as not containing sufficient scientific objectivity, absence of bias, clarity, or consistency to serve as a sound and credible basis for protecting public health and safety, determining environmental protection needs and priorities, making regulatory decisions, or allocating limited financial resources; and (4) Executive Order No. 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) requires a decision by a Federal agency to be based on the best reasonably obtainable scientific and technical information, and embodies the principle of openness in government. SEC. 3. RISK ASSESSMENT PRINCIPLES. In accordance with this Act, the Administrator of the Environmental Protection Agency (referred to in this Act as the ``Administrator'') shall develop rules, proposed rules, and review procedures that provide that-- (1) risk assessments shall be-- (A) consistent; (B) of high technical quality; (C) scientifically objective; and (D) unbiased; and (2) significant uncertainties regarding facts, scientific knowledge, the validity of analytical techniques, or numerical risk estimates are clearly disclosed in terms readily understandable to the public. SEC. 4. PROPOSED RULES. (a) Proposed General Rules.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue, in accordance with section 3, proposed rules that-- (1) set forth uniform general procedures governing risk assessments conducted by the Environmental Protection Agency; and (2) incorporate, to the extent the Administrator considers advisable, relevant guidelines existing prior to the issuance of the proposed rules. (b) Distinctive Approaches, Techniques, or Methodologies.-- (1) Proposed distinctive rules.--Not later than 1 year after the date of enactment of this Act, the Administrator shall issue, in accordance with section 3, proposed rules to govern use of a distinctive type of risk assessment approach, technique, or methodology. The rules shall specify the minimum standard for a risk assessment approach that is appropriate for the scale of the problem to be assessed, the level of scientific understanding, and the available data. (2) Use of distinctive approaches, techniques, or methodologies.--In accordance with section 3, the Administrator shall determine the distinctive types of risk assessment approaches, techniques, or methodologies for which a proposed rule will be issued pursuant to paragraph (1). The Administrator shall include risk assessment approaches, techniques, or methodologies that utilize epidemiological data. In the case of an approach, a technique, or a methodology not in use prior to the date of enactment of this Act, the Administrator shall develop rules to govern the distinctive use of the approach, technique, or methodology before using the approach, technique, or methodology in a risk assessment. SEC. 5. RISK ASSESSMENT REVIEW. (a) Review Procedures.--Not later than 180 days after the date of enactment of this Act, the Administrator shall issue procedures, in accordance with section 3, for the review and revision of a risk assessment completed prior to the enactment of this Act or the issuance of final risk assessment rules under section 6. (b) Basis for Review.-- (1) Criteria for review.--A review of a risk assessment in accordance with the procedures issued under subsection (a) shall be conducted by the Administrator on the written petition of a person if-- (A) the risk assessment is inconsistent with the principles set forth in section 3; (B) the risk assessment is inconsistent with a rule issued under section 4; or (C) the risk assessment does not take into account significant new scientific data or scientific understanding. (2) Response to petition.--Not later than 60 days after receiving a petition under paragraph (1), the Administrator shall respond to the petition by agreeing or declining to review the risk assessment referred to in the petition, and shall state the basis for the decision. (3) Judicial review.--Denial of a petition by the Administrator shall be subject to judicial review in accordance with chapter 7 of title 5, United States Code. SEC. 6. FINAL RULES. (a) Notice and Comment Procedures.--Not later than 270 days after the date of enactment of this Act, in accordance with section 553 of title 5, United States Code, the Administrator shall publish in the Federal Register a list of risk assessment approaches, techniques, or methodologies for which a rule shall be issued under subsection (b), after taking into account comments by the public, Federal agencies, States, municipalities, experts in the scientific community, and such other persons as the Administrator considers advisable. (b) Issuance of Final Rules.--Not later than 1 year after the date of enactment of this Act, in accordance with sections 3 and 4 of this Act and section 553 of title 5, United States Code, the Administrator shall publish in the Federal Register final rules, after taking into account comments by the public, Federal agencies, States, municipalities, experts in the scientific community, and such other persons as the Administrator considers advisable. SEC. 7. PRIVATE RIGHTS OF ACTION PRECLUDED. Nothing in this Act shall give rise to a private right of action seeking damages against the United States or against an agency or instrumentality of the United States.

Sound Science in Risk Assessment Act - Directs the Administrator of the Environmental Protection Agency (EPA) to develop rules and review procedures that provide that: (1) risk assessments are consistent, of high technical quality, scientifically objective, and unbiased; and (2) significant uncertainties regarding facts, scientific knowledge, the validity of analytical techniques, or numerical risk estimates are clearly disclosed in terms readily understandable to the public. Requires the Administrator to issue proposed rules that: (1) set forth uniform general procedures governing risk assessments conducted by EPA and incorporate relevant guidelines existing prior to the issuance of such rules; and (2) govern use of a distinctive type of risk assessment approach, technique, or methodology. Directs the Administrator to issue procedures for the review and revision of a risk assessment completed prior to this Act's enactment or the issuance of final risk assessment rules. Permits petitions to the Administrator to perform reviews under certain conditions. Requires the Administrator to issue final rules for risk assessment approaches, techniques, or methodologies after taking into account comments by the public.

Sound Science in Risk Assessment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hawaii Invasive Species Prevention Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The uniqueness of the Hawaiian islands lies in part due to their isolation from continental landmasses, their great topographic and climatic diversity, and the intervals between natural colonization (colonization without human assistance) of the Hawaiian islands by new plant or animal species, which have been on the order of thousands of years. (2) The resulting evolution in isolation over time has often led to the generation of species entirely unique to particular islands and found nowhere else, and such isolation also often meant the absence of natural predatory or competitive species. (3) The natural geographic isolation of the Hawaiian islands is no match for the advancement of human activities, including transportation and global commerce, and native biota and ecosystems are being overwhelmed by the introduction and establishment of non-native plant and animal species and plant and animal diseases associated with such species. (4) More than 5,000 species of non-native plants and animals have become established in the Hawaiian islands in the past 200 years, which represents a rate of successful colonization of new species every 18 days. (5) Although not all new species introductions alter ecosystem function and structure, damage agriculture, or cause human health or other safety hazards, the introduction of invasive species to the Hawaiian islands has resulted in the extinction of native species, the destruction of native forests, and the spread of disease and costs the State of Hawaii millions of dollars in crop losses. (6) For example, Miconia calvescens, an aggressive weedy tree from South America, has established itself in Hawaii and threatens Hawaii's tropical forests and the watersheds those forests support, and the resulting decreased water infiltration in just two of Hawaii's priority watersheds could amount to additional water costs of $13 million annually. (7) Just one new invasive species, such as the the brown tree snake, could change the very character of the Hawaiian islands. In addition to its devastating impacts on fragile native bird populations, the venomous brown tree snake poses a public health risk because it bites people and pets, threatens poultry farms because it feeds on chickens and eggs, and presents the risk of dangerous and costly power outages because it climbs electrical lines causing short circuits in power supply. (8) Although Congress responded to the danger of the brown tree snake by enacting the Brown Tree Snake Control and Eradication Act of 2004 (Public Law 108-384; 7 U.S.C. 8501 et seq.), many more invasive species, including fire ants and West Nile Virus, threaten to invade Hawaii and cause further environmental and economic damage. (9) The current Federal statutory and regulatory regime is not sufficient to minimize the introduction of invasive species into Hawaii and the environmental, economic, and social harm that would result from the introduction of additional invasive species. SEC. 3. DEFINITIONS. In this Act: (1) Disease.--The term ``disease'' means any living stage of a bacterium, a fungus, a virus or viroid, an infectious agent or other pathogen, or any other article similar to or allied with any of these specified articles, that can directly or indirectly cause economic or environmental harm or harm to human health. (2) Introduction.--The terms ``introduce'' and ``introduction'' refer to the intentional or unintentional dissemination, placement, release, or escape of a species as a result of human activity outside of the range where the species is commonly found. (3) Invasive species.--The term ``invasive species'' means any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, whose introduction does or is likely to cause economic or environmental harm or harm to human health. (4) Secretary.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to matters under the jurisdiction of the Department of the Interior; and (B) the Secretary of Agriculture, with respect to matters under the jurisdiction of the Department of Agriculture. (5) Secretaries.--The term ``Secretaries'' means both the Secretary of the Interior and the Secretary of Agriculture. (6) Species.--The term ``species'' means a group of organisms all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms. SEC. 4. STATEMENT OF POLICY REGARDING FEDERAL OBLIGATIONS RELATED TO PREVENTING THE INTRODUCTION OF INVASIVE SPECIES IN HAWAII. (a) Sense of Congress.--It is the sense of Congress that there exists a need for improved and better coordinated control, interdiction, and eradication of invasive species and diseases on the part of the United States and other interested parties to prevent the introduction or spread of invasive species or diseases in Hawaii. (b) United States Policy.--It is the policy of the United States to fund and support coordinated and concerted programs and activities to control, interdict, and prevent the introduction or spread of invasive species and diseases in Hawaii. (c) Preventing Introduction.--Notwithstanding any other provision of law, to the extent practicable, no Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of invasive species and diseases in Hawaii. All Federal agencies shall consider invasive species and disease issues, to the extent possible, when planning any activity that may cause the accidental introduction of invasive species and diseases in Hawaii. SEC. 5. LEGAL MECHANISMS TO CONTROL THE INTRODUCTION AND SPREAD OF INVASIVE SPECIES OR DISEASES IN HAWAII. (a) Imposition of Quarantine.--Using the authorities available to the Secretary concerned under section 412 of the Plant Protection Act (7 U.S.C. 7712), section 10406 of the Animal Health Protection Act (7 U.S.C. 8305), section 42 of title 18, United States Code, section 3015 of title 39, United States Code, the Alien Species Prevention and Enforcement Act of 1992 (section 631 of Public Law 102-393; 39 U.S.C. 3015 note), section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372), and the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702 et seq.), the Secretaries shall impose a quarantine on the State of Hawaii to prevent the introduction of invasive species and diseases in Hawaii. (b) Establishment of System of Quarantine Protocols.-- (1) Rulemaking.--Not later than two years after the date of the enactment of this Act, the Secretaries shall issue rules regarding the establishment of a system of post-arrival quarantine protocols for all persons, baggage, cargo, containers, packing materials, and other items travelling or being shipped to Hawaii from domestic and foreign locations. (2) Funding source for regulations.--The Secretaries shall use funds otherwise available for the operation of the Department of Agriculture and the Department of the Interior to issue the rules required by paragraph (1). (3) Conditions on implementation of quarantine protocols.-- The system of post-arrival quarantine protocols established by rulemaking pursuant to paragraph (1) shall be operated at Federal expense and, as a result, may not be implemented until-- (A) funds are specifically appropriated for the implementation of the system; or (B) a means of financing the system is specifically designated. (c) Use of Federal Officials to Assist State and Local Efforts.-- Federal quarantine, natural resource, conservation, and law enforcement officers and inspectors may enforce State and local laws of Hawaii regarding the importation, possession, or introduction of invasive species or diseases. (d) Cooperation.--The activities described in this section shall be carried out in cooperation with the Secretary of Homeland Security, the Secretary of Commerce, the Secretary of the Treasury, the government of Hawaii, and each of their respective quarantine, natural resource, conservation, and law enforcement agencies and officers, as appropriate. (e) Additional State and Local Efforts.-- (1) Expedited consideration of state and local control proposals.--Not later than two years after the date of the enactment of this Act, the Secretaries shall establish an expedited process for the State of Hawaii and its political subdivisions to seek the approval of the Secretaries to impose general or specific prohibitions or restrictions upon the introduction or movement of invasive species or diseases from domestic or foreign locations to Hawaii that are in addition to any prohibitions or restrictions imposed by the Secretaries. (2) Response to emergency threats.--In the event of an emergency or imminent threat from an invasive species or disease, the State of Hawaii may impose, for not longer than two years pending approval by the Secretaries under paragraph (1), general or specific prohibitions or restrictions upon the introduction or movement of that invasive species or disease that are in addition to the prohibitions or restrictions imposed by the Secretaries. (3) Funding source.--The Secretaries shall use funds otherwise available for the operation of the Department of Agriculture and the Department of the Interior to carry out this subsection. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary concerned to carry out this Act for fiscal years 2007 through 2011 such sums as may be necessary.

Hawaii Invasive Species Prevention Act - States that it is U.S. policy to fund and support coordinated programs and activities to prevent the introduction or spread of invasive species and diseases in Hawaii. Prohibits a federal agency from carrying out any action that would likely cause or promote the introduction or spread of invasive species and diseases in Hawaii. Directs the Secretaries of Agriculture and the Interior to: (1) impose a quarantine on Hawaii to prevent the introduction of invasive species and diseases in Hawaii; (2) establish a system of post-arrival quarantine protocols for all persons, baggage, cargo, containers, packing materials, and other items traveling or being shipped to Hawaii from domestic and foreign locations; and (3) establish an expedited process for Hawaii to seek the Secretaries' approval to impose additional prohibitions or restrictions on the introduction or movement of invasive species or diseases. Authorizes Hawaii to impose additional emergency prohibitions or restrictions for up to two years pending such approval.

To recognize the unique ecosystems of the Hawaiian islands and the threat to these ecosystems posed by non-native plants, animals, and plant and animal diseases, to require the Secretary of Agriculture and the Secretary of the Interior to expand Federal efforts to prevent the introduction in Hawaii of non-native plants, animals, and plant and animal diseases, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission to Support Law Enforcement Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) law enforcement officers risk their lives daily to protect citizens, for modest rewards and too little recognition; (2) a significant shift has occurred in the problems that law enforcement officers face without a corresponding change in the support from the Federal Government; (3) law enforcement officers are on the front line in the war against drugs and crime; (4) the rate of violent crime continues to increase along with the increase in drug use; (5) a large percentage of individuals arrested test positive for drug usage; (6) the Presidential Commission on Law Enforcement and the Administration of Justice of 1965 focused attention on many issues affecting law enforcement, and a review twenty-five years later would help to evaluate current problems, including drug-related crime, violence, racial conflict, and decreased funding; and (7) a comprehensive study of law enforcement issues, including the role of the Federal Government in supporting law enforcement officers, working conditions, and responsibility for crime control would assist in redefining the relationships between the Federal Government, the public, and law enforcement officials. SEC. 3. ESTABLISHMENT. There is established a national commission to be known as the ``National Commission to Support Law Enforcement'' (referred to in this Act as the ``Commission''). SEC. 4. DUTIES. (a) In General.--The Commission shall study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels, including the following: (1) Funding.--The sufficiency of funding, including a review of grant programs at the Federal level. (2) Employment.--The conditions of law enforcement employment. (3) Information.--The effectiveness of information-sharing systems, intelligence, infrastructure, and procedures among law enforcement agencies of Federal, State, and local governments. (4) Research and training.--The status of law enforcement research and education and training. (5) Equipment and resources.--The adequacy of equipment, physical resources, and human resources. (6) Cooperation.--The cooperation among Federal, State, and local law enforcement agencies. (7) Responsibility.--The responsibility of governments and law enforcement agencies in solving the crime problem. (8) Impact.--The impact of the criminal justice system, including court schedules and prison overcrowding, on law enforcement. (b) Consultation.--The Commission shall conduct surveys and consult with focus groups of law enforcement officers, local officials, and community leaders across the Nation to obtain information and seek advice on important law enforcement issues. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 25 members as follows: (1) Seven individuals from national law enforcement organizations representing law enforcement officers, of whom-- (A) Two shall be appointed by the Speaker of the House of Representatives; (B) Two shall be appointed by the majority leader of the Senate; (C) One shall be appointed by the minority leader of the House of Representatives; (D) One shall be appointed by the minority leader of the Senate; and (E) One shall be appointed by the President. (2) Seven individuals from national law enforcement organizations representing law enforcement management, of whom-- (A) Two shall be appointed by the Speaker of the House of Representatives; (B) Two shall be appointed by the majority leader of the Senate; (C) One shall be appointed by the minority leader of the House of Representatives; (D) One shall be appointed by the minority leader of the Senate; and (E) One shall be appointed by the President. (3) Two individuals with academic expertise regarding law enforcement issues, of whom-- (A) One shall be appointed by the Speaker of the House of Representatives and the majority leader of the Senate. (B) One shall be appointed by the minority leader of the Senate and the minority leader of the House of Representatives. (4) Two Members of the House of Representatives, appointed by the Speaker and the minority leader of the House of Representatives. (5) Two Members of the Senate, appointed by the majority leader and the minority leader of the Senate. (6) One individual involved in Federal law enforcement from the Department of the Treasury, appointed by the President. (7) One individual from the Department of Justice, appointed by the President. (8) One individual representing a State or local governmental entity, such as a Governor, mayor, or State Attorney General, to be appointed by the Majority Leader of the Senate. (9) One individual representing a State or local governmental entity, such as a Governor, mayor, or State Attorney General, to be appointed by the Speaker of the House of Representatives. (10) One individual representing a State or local governmental entity, such as a governor, mayor, or State attorney general, to be appointed by the President. (b) Comptroller General.--The Comptroller General shall serve in an advisory capacity and shall oversee the methodology and approach of the Commission's study. (c) Chairperson.--Upon their appointment the members of the Commission shall select one of their number to act as chairperson. (d) Compensation.-- (1) In general.--Members of the Commission shall receive no additional pay, allowance, or benefit by reason of service on the Commission. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Appointment Dates.--Members of the Commission shall be appointed no later than 90 days after the enactment of this Act. SEC. 6. EXPERTS AND CONSULTANTS. (a) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (b) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this Act. (c) Administrative Support.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, administrative support services as the Commission may request. SEC. 7. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for purposes of this Act, hold hearings, sit and act at the times and places, take testimony, and receive evidence, as the Commission considers appropriate. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the chairperson of the Commission, the head of an agency shall furnish the information to the Commission to the extent permitted by law. (d) Gifts and Donations.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 8. REPORT. Not later than the expiration of the eighteen-month period beginning on the date of the appointment of the members of the Commission, a report containing the findings of the Commission and specific proposals for legislation and administrative actions that the Commission has determined to be appropriate shall be submitted to Congress. SEC. 9. TERMINATION. The Commission shall cease to exist upon the expiration of the sixty-day period beginning on the date on which the Commission submits its report under section 8. SEC. 10. REPEALS. Title XXXIV of the Crime Control Act of 1990 (Public Law 101-647; 104 Stat. 4918) and title II, section 211 B of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2122) are repealed.

National Commission to Support Law Enforcement Act - Reestablishes the National Commission to Support Law Enforcement to study and recommend changes regarding law enforcement agencies and law enforcement issues on the Federal, State, and local levels. (Repeals provisions of the Crime Control Act of 1990 and the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 with respect to the establishment and termination of such a Commission.)

National Commission to Support Law Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Childrens' Media Protection Act of 1995''. SEC. 2. FINDINGS. Congress makes the following findings: (1) On average, a child in the United States is exposed to 27 hours of television each week, and some children are exposed to as much as 11 hours of television each day. (2) The average American child watches 8,000 murders and 100,000 acts of other violence on television by the time the child completes elementary school. (3) By the age of 18 years, the average American teenager has watched 200,000 acts of violence on television, including 40,000 murders. (4) The Times Mirror Center reports that a recent poll of Americans indicates that 72 percent of the American people believe that there is too much violence on television, and, according to a survey by U.S. News and World Report dated May 1994, 91 percent of American voters believe that mayhem in the media contributes to violence in real life. (5) On several occasions since 1975, The Journal of the American Medical Association has alerted the medical community to the adverse effects of televised violence on child development, including an increase in the level of aggressive behavior and violent behavior among children who view it. (6) The National Commission on Children recommended in 1991 that producers of television programs exercise greater restraint in the content of programming for children. (7) A report of the Harry Frank Guggenheim Foundation, dated May 1993, indicates that there is an irrefutable connection between the amount of violence depicted in the television programs watched by children and increased aggressive behavior among children. (8) It is in the National interest that parents be empowered with the technology to block the viewing of television programs whose content is overly violent or objectionable for other reasons. (9) Technology currently exists to permit the manufacture of television receivers that are capable of permitting parents to block television programs having violent or otherwise objectionable content. SEC. 3. ESTABLISHMENT OF TELEVISION VIOLENCE RATING CODE. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following: ``(v) Prescribe, in consultation with television broadcasters, cable operators, appropriate public interest groups, and interested individuals from the private sector, rules for rating the level of violence in television programming, including rules for the transmission by television broadcast systems and cable systems of signals containing specifications for blocking violent programming.''. SEC. 4. REQUIREMENT FOR MANUFACTURE OF TELEVISIONS THAT BLOCK PROGRAMS. Section 303 of the Communications Act of 1934 (47 U.S.C. 303), as amended by section 3, is further amended by adding at the end the following: ``(w) Require, in the case of apparatus designed to receive television signals that are manufactured in the United States or imported for use in the United States and that have a picture screen 13 inches or greater in size (measured diagonally), that such apparatus-- ``(1) be equipped with circuitry designed to enable viewers to block the display of channels, programs, and time slots; and ``(2) enable viewers to block display of all programs with a common rating.''. SEC. 5. SHIPPING OR IMPORTING OF TELEVISIONS THAT BLOCK PROGRAMS. (a) Regulations.--Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by adding after subsection (b) the following new subsection (c): ``(c)(1) Except as provided in paragraph (2), no person shall ship in interstate commerce, manufacture, assemble, or import from any foreign country into the United States any apparatus described in section 303(w) of this Act except in accordance with rules prescribed by the Commission pursuant to the authority granted by that section. ``(2) This subsection shall not apply to carriers transporting apparatus referred to in paragraph (1) without trading it. ``(3) The rules prescribed by the Commission under this subsection shall provide performance standards for blocking technology. Such rules shall require that all such apparatus be able to receive the rating signals which have been transmitted by way of line 21 of the vertical blanking interval and which conform to the signal and blocking specifications established by the Commission. ``(4) As new video technology is developed, the Commission shall take such action as the Commission determines appropriate to ensure that blocking service continues to be available to consumers.''. (b) Conforming Amendment.--Section 330(d) of such Act, as redesignated by subsection (a)(1), is amended by striking ``section 303(s), and section 303(u)'' and inserting in lieu thereof ``and sections 303(s), 303(u), and 303(w)''. SEC. 6. ELIMINATION OF VIOLENT PROGRAMMING ON TELEVISION DURING CERTAIN HOURS. Title I of the Children's Television Act of 1990 (47 U.S.C. 303a et seq.) is amended by adding at the end the following: ``prohibition on violent programming ``Sec. 105. (a) The Commission shall, within 30 days of the date of the enactment of this Act, initiate a rule-making proceeding to prescribe a prohibition on the broadcast on commercial television and by public telecommunications entities, including the broadcast by cable operators, from the hours of 6 a.m. to 10 p.m., inclusive, of programming that contains gratuitous violence. ``(b) As used in this section: ``(1) The term `cable operator' has the meaning given such term in section 602 of the Communications Act of 1934 (47 U.S.C. 522). ``(2) The term `programming' includes advertisements but does not include bona fide newscasts, bona fide news interviews, bona fide news documentaries, and on-the-spot coverage of bona fide news events. ``(3) The term `public telecommunications entity' has the meaning given such term in section 397(12) of the Communications Act of 1934 (47 U.S.C. 397(12)).''. SEC. 7. BROADCAST ON TELEVISION AND CABLE OF EDUCATIONAL AND INFORMATIONAL PROGRAMMING FOR CHILDREN. (a) Broadcast Television.--Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following: ``(k) Educational and Information Programming for Children.--In granting an application for a license for a television broadcasting station (including an application for renewal of such a license), the Commission shall impose such conditions upon the applicant as the Commission requires in order to ensure that the applicant complies under the license with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and otherwise serves the educational and informational needs of children through its overall programming.''. (b) Cable Service.--Part III of title VI of the Communications Act of 1934 (47 U.S.C. 541 et seq.) is amended by adding at the end the following: ``educational and information programming for children ``Sec. 629. A franchise, including the renewal of a franchise, may not be awarded under this part unless the cable operator to be awarded the franchise agrees to comply with the standards for children's television programming established under section 102 of the Children's Television Act of 1990 (47 U.S.C. 303a) and to otherwise serve the educational and informational needs of children in the provision of cable service under the franchise.''.

Childrens' Media Protection Act of 1995 - Amends the Communications Act of 1934 to direct the Federal Communications Commission (FCC) to: (1) prescribe rules for the rating of violence levels in television programming, including rules for the transmission of signals containing specifications for blocking violent programming; and (2) require television sets with picture screens of 13 inches or more to be equipped with blocking circuitry and enable viewers to block display of all programs with a common rating. Prohibits any person from shipping, manufacturing, assembling, or importing any television not so equipped. Requires performance standards for blocking technology. (Sec. 6) Directs the FCC to initiate a rulemaking proceeding to prescribe a prohibition on the broadcast on commercial television and any public telecommunications entities between six o'clock a.m. and ten o'clock p.m., inclusively, of programming that contains gratuitous violence. (Sec. 7) Directs the FCC, in granting an application for a television broadcast license, to impose conditions which ensure that the applicant complies with the standards for children's television programming as established under the Children's Television Act of 1990 and otherwise serves the educational and informational needs of children through its overall programming. Prohibits a cable franchise award or renewal unless the cable operator complies with such standards.

Childrens' Media Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Youth Sports Concussion Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress makes the following findings: (1) Scientific advancements and a greater understanding of the issues that affect the health and safety of young athletes are key to reducing sports related concussions in youth. (2) The National Academies issued a report in 2013 finding limited evidence that current helmet designs reduce the risk of sports-related concussions and no evidence that mouthguards or facial protection reduce concussion risk, and recommending that the National Institutes of Health and the Department of Defense fund research on biomechanical factors that influence injury risk in youth. (b) Sense of Congress.--It is the sense of Congress that-- (1) the Consumer Product Safety Commission should review the National Academies' report and future research in this area, including research as recommended by the National Academies, for any matter that may impact products under the Commission's jurisdiction; (2) if protective equipment manufacturers choose to adopt voluntary consumer product safety standards, the voluntary standards should include mechanisms to ensure substantial compliance by covered entities; and (3) the Federal Trade Commission should review the National Academies' report and future research in this area, including research as recommended by the National Academies, for any matter that may inform efforts to protect consumers from unfair or deceptive practices in or affecting commerce. SEC. 3. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING ACTIVITY EQUIPMENT. (a) Unlawful Activity.--It is unlawful for any person to sell, or offer for sale, in interstate commerce, or import into the United States for the purpose of selling or offering for sale, any item or equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any deceptive claim with respect to the safety benefits of such item. (b) Enforcement by Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of subsection (a) shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. (2) Powers of federal trade commission.-- (A) In general.--The Federal Trade Commission shall enforce this section 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 section. (B) Regulations.--Notwithstanding any other provision of law, the Federal Trade Commission may promulgate under section 553 of title 5, United States Code, such regulations as the Commission considers necessary or appropriate to carry out this section. (C) Privileges and immunities.--Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated and made part of this section. (D) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (c) Enforcement by States.-- (1) In general.--Except as provided in paragraph (4), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates subsection (a), the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate injunctive relief. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Federal Trade Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Federal Trade Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Federal Trade Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal. (3) Investigatory powers.--Nothing in this subsection shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Preemptive action by federal trade commission.--If the Federal Trade Commission institutes a civil action or an administrative action with respect to a violation of subsection (a) or a rule promulgated under subsection (b)(2)(B) the attorney general of a State may not, during the pendency of that action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.

. Youth Sports Concussion Act (Sec. 2) This bill expresses the sense of Congress that the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC) should review the National Academies' report on sports-related concussions and future research in such area for any matter that may impact products under the CPSC's jurisdiction or inform the FTC's efforts to protect consumers. (Sec. 3) The bill makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any deceptive claim with respect to the safety benefits of such item. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill sets forth the enforcement authority of the FTC. States may bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. The FTC may intervene and appeal in state actions.

Youth Sports Concussion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``General Accounting Office Reform and Reorganization Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that in conducting evaluations and preparing reports pursuant to an order or request of the Congress, the General Accounting Office performs its functions in an impartial, complete, and timely manner. SEC. 3. REVIEW AND APPROVAL OF GENERAL ACCOUNTING OFFICE INVESTIGATIONS AND REPORTS. (a) In General.--Subchapter II of chapter 7 of title 31, United States Code, is amended-- (1) by redesignating section 720 as section 721; and (2) by inserting after section 719 the following new section: ``Sec. 720. Review, approval, and conduct of investigations, evaluations, assessments, and reports requested by Congress ``(a) Notwithstanding any other provision of law, the Comptroller General may not make a report pursuant to a request of a Member or committee of the Congress, unless-- ``(1) the Oversight Board approves in accordance with this section a methodology for preparing the report; and ``(2) the report is prepared in accordance with the methodology as approved by the Oversight Board. ``(b) Upon receiving a request from a committee of the Congress for a report, the Comptroller General shall notify the ranking minority member of that committee that the request has been received. ``(c) A Member of Congress who requests that the Comptroller General make a report, the staff of the Member, and a Member and the staff of a committee of the Congress that requests that the Comptroller General make a report, may not advise, consult, confer, or otherwise communicate with the Comptroller General or any personnel of the General Accounting Office regarding the report until after the date on which the final report is issued. ``(d) The Comptroller General may not issue any final report pursuant to a request of a Member or committee of Congress unless the final report is approved-- ``(1) by the subcommittee under subsection (h)(3) that has responsibility for the subject area of the report; and ``(2) after approval under subparagraph (A), by the Oversight Board. ``(e)(1) Any Member of Congress may submit to the Oversight Board comments challenging the findings or recommendations of any final report issued by the Comptroller General. ``(2) Upon receipt of comments under paragraph (1), the Oversight Board may-- ``(A) refer the comments to the Comptroller General for further investigation; or ``(B) refer the final report and comments to an outside entity (including a college or university) for peer review of the findings of the report and the data used. ``(f)(1) Except as provided in paragraph (2), there shall be printed in the Congressional Record-- ``(A) on a quarterly basis, a list of the names of all Members of Congress who requested, in the quarter covered by the list, that the Comptroller General make any report; and ``(B) by not later than 90 days after the last day of each session of the Congress, a brief summary of the status and results of each investigation conducted by the General Accounting Office in that session. ``(2) Paragraph (1) shall not apply to requests by Members of Congress for a report dealing with a national security issue. ``(g)(1) No hearing may be held by a committee or subcommittee of the Congress regarding a report by the General Accounting Office before the end of the 7-day period beginning on the date of the release of the final report. ``(2) Before the 7-day period ending on the date on which a person is required to testify to a committee or subcommittee of the Congress regarding an investigation conducted by the General Accounting Office, the Chairman of the committee or subcommittee shall provide to the person a copy of the final report of the General Accounting Office relating to the investigation. ``(h)(1) There is established the General Accounting Office Oversight Board. The Oversight Board shall review in accordance with this section requests by Members and committees of the Congress for the performance of investigations by the Comptroller General. ``(2) The Oversight Board shall be comprised of 21 members appointed as follows: ``(A) 5 Members of the House of Representatives appointed by the Speaker of the House of Representatives. ``(B) 5 Members of the House of Representatives appointed by the minority leader of the House of Representatives. ``(C) 5 Members of the Senate appointed by the majority leader of the Senate. ``(D) 5 Members of the Senate appointed by the minority leader of the Senate. ``(E) The Comptroller General, who shall be a nonvoting member. ``(3)(A) The Oversight Board shall have a subcommittee for each division in the General Accounting Office, and each subcommittee shall be responsible for the subject area of that division. ``(B) Each subcommittee shall consist of 9 members of the Oversight Board, of whom-- ``(i) 2 shall be members of the Oversight Board appointed by each of the officials referred to in paragraph (2)(A) through (D); and ``(ii) one shall be the Comptroller General, who shall be a nonvoting member. ``(C) Each subcommittee shall select a chairman and a vice chairman from among its members. No member of the Oversight Board may serve as chairman or vice chairman of more than one subcommittee. No member of the Oversight Board may serve on more than 2 subcommittees at any time unless granted a waiver by the Oversight Board. ``(4) A vacancy in the membership of the Oversight Board shall not affect the power of the remaining members to execute the functions of the Oversight Board and shall be filled in the same manner as in the case of the original appointment. ``(5) The Oversight Board shall select a chairman and a vice chairman from among its members at the beginning of each Congress. The vice chairman shall act in the place of the chairman in the absence of the chairman. The chairmanship and vice chairmanship shall alternate between the Senate and the House of Representatives with each Congress. The chairman during each even-numbered Congress shall be selected by the members of the House of Representatives on the Oversight Board, from among those members. The chairman during each odd-numbered Congress shall be selected by the members of the Senate on the Oversight Board, from among those members. The vice chairman during each Congress shall be selected by the members on the Oversight Board who are members of the House of Congress of which the chairman for that Congress is not a Member. ``(i) In this section, the term `report' includes an investigation, evaluation, assessment, or report, including one under section 712(4) or (5) or section 717.''. (b) Initial Subcommittees.-- (1) Number.--The General Accounting Office Oversight Board established by section 720 of title 31, United States Code, as amended by this Act, shall have 7 subcommittees until such time as there is a different number of divisions in the General Accounting Office. (2) Subject areas.--Each subcommittee of the General Accounting Office Oversight Board shall be responsible for one of the following subject areas, until such time as there is any change in the subject areas of the divisions of the General Accounting Office and the Oversight Board alters the subject areas of the subcommittee to coincide with that change: (A) Accounting and financial management. (B) General government. (C) Human resources. (D) Information management and technology. (E) National security and international affairs. (F) Program evaluation and methodology. (G) Resources, community, and economic development. (c) Oversight Board Defined.--Section 701 of title 31, United States Code, is amended by adding at the end the following: ``(3) `Oversight Board' means the General Accounting Office Oversight Board established by section 720.''. (d) Clerical Amendment.--Title 31, United States Code, is amended in the table of sections at the beginning of chapter 7 by striking the item relating to section 720 and inserting the following: ``720. Review, approval, and conduct of investigations, evaluations, assessments, and reports requested by Congress. ``721. Agency reports.''. SEC. 4. GAO DETAILEES AND ASSIGNEES. Section 734 of title 31, United States Code, is amended-- (1) by inserting ``(a)'' before ``The Comptroller''; and (2) by adding at the end the following: ``(b) The Comptroller General may not detail or assign an officer or employee of the General Accounting Office to a committee of the Congress-- ``(1) more than twice in any Congress; or ``(2) for a period longer than 3 months. ``(c) Notwithstanding any other provision of this title, the Comptroller General may not make any investigation, evaluation, assessment, or report pursuant to a request from a committee of the Congress or the Chairman of a committee of the Congress if an officer or employee of the General Accounting Office was detailed or assigned to the committee in the 3-month period ending on the date of the submittal of the request.''.

General Accounting Office Reform and Reorganization Act of 1993 - Amends Federal law to provide for the establishment of the General Accounting Office Oversight Board (Board) to review any congressional request for a General Accounting Office (GAO) report and approve a methodology for preparing it. Prohibits outside contact with GAO by the requesting Member of Congress and congressional staff regarding the report once the request for it has been approved. Requires the Comptroller General, upon receiving a request from a congressional committee for a GAO report, to notify the ranking minority member of such committee that the request has been received. Prohibits the Comptroller General from issuing any GAO report until such report has cleared the oversight process established by this Act. Allows Members to submit to the Board comments challenging a GAO report. Permits the Board to refer such comments to the Comptroller General or an outside entity for further consideration. Sets forth requirements for congressional committee hearings regarding GAO reports. Prohibits the Comptroller General from: (1) detailing or assigning a GAO officer or employee to a congressional committee more than twice in any Congress or for a period longer than three months; or (2) making any investigation or report pursuant to a request from a congressional committee if such officer or employee was detailed or assigned to the committee in the three month period ending on the date of the request's submission.

General Accounting Office Reform and Reorganization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Significant Regulation Oversight Act of 1998''. SEC. 2. FINDING AND PURPOSE. (a) Finding.--The Congress finds that oversight of significant rules will be enhanced if they are subject to congressional review and approval after being proposed by an agency. (b) Purpose.--The purpose of this Act is to ensure that before a significant rule takes effect-- (1) Congress is given an adequate opportunity to review the rule and ensure that it is in accordance with the intent of Congress in enacting the law under which the rule is proposed; and (2) Congress approves the rule in accordance with the procedures established by this Act. SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS. (a) Congressional Approval of Significant Rules Required.--A significant rule shall not take effect before the date of the enactment of a joint resolution described in section 4(a) comprised solely of the text of the significant rule. (b) Reporting and Review of Significant Rules.--(1) Before a proposed significant rule would take effect as a final rule, the agency proposing the rule shall submit to each House of Congress a report containing the following: (A) A copy of the proposed significant rule. (B) A concise summary of the proposed significant rule, its purpose, and anticipated effects. (C) A complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the proposed significant rule. (D) An explanation of the specific statutory interpretation under which a rule is proposed, including an explanation of-- (i) whether the interpretation is expressly required by the text of the statute; or (ii) if the interpretation is not expressly required by the text of the statute, an explanation that the interpretation is within the range of permissible interpretations of the statute as identified by the agency, and an explanation why the interpretation selected by the agency is the agency's preferred interpretation. (E) Any other relevant information or requirements under any other Act and any relevant Executive order. (2) Upon receipt of a report under paragraph (1), each House of Congress shall provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report. (c) No Inference To Be Drawn Where Congress Fails To Approve.--If Congress fails to enact a joint resolution approving a proposed significant rule, no court or agency may infer any intent of Congress from any action or inaction of Congress with regard to such rule or any related statute. SEC. 4. CONGRESSIONAL APPROVAL PROCEDURE FOR SIGNIFICANT RULES. (a) Introduction.--The majority leader of each House of the Congress shall introduce (by request) a joint resolution comprised solely of the text of a proposed significant rule not later than 3 session days in the Senate or 3 legislative days in the House of Representatives after the date on which an agency submits a report under section 3(b) containing the text of the proposed significant rule. If the joint resolution is not introduced in either House as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (b) Referral and Consideration.--(1) The joint resolution shall be referred to the appropriate committee of the House in which it is introduced. The committee may report the joint resolution without substantive revision and with or without recommendation or with an adverse recommendation, or the committee may vote not to report the joint resolution. If the committee votes to order the joint resolution reported, it shall be reported not later than the end of the period (not to exceed 45 session days in the Senate or 45 legislative days in the House of Representatives) established for consideration of the joint resolution by the Speaker of the House of Representatives or the majority leader of the Senate, as the case may be. Except in the case of a joint resolution which a committee votes not to report, a committee failing to report a joint resolution within such period shall be automatically discharged from consideration of the joint resolution, and it shall be placed on the appropriate calendar. (2) A vote on final passage of the joint resolution shall be taken in that House on or before the close of the 90th session day in the Senate or 90th legislative day in the House of Representatives after the date of the introduction of the joint resolution in that House. (3)(A) A motion in the House of Representatives to proceed to the consideration of a 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 joint resolution under this section shall be limited to not more than 4 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution under this section or to move to reconsider the vote by which the joint resolution is agreed to or disagreed to. (C) All appeals from the decisions of the chair relating to the application of the Rules of the House of Representatives to the procedure relating to a 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 joint resolution under this section shall be governed by the Rules of the House of Representatives applicable to other joint resolutions in similar circumstances. (4)(A) A motion in the Senate to proceed to the consideration of a 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 joint resolution under this section, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (C) Debate in the Senate on any debatable motion or appeal in connection with a 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 joint resolution, except that in the event the manager of the 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 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 joint resolution under this section is not debatable. A motion to recommit a joint resolution under this section is not in order. (c) Amendments Prohibited.--No amendment to a 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 for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent. (d) Treatment if the Other House Has Acted.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a) comprised of the same text, then-- (1) the procedure in that House shall be the same as if no joint resolution had been received from the other House, and (2) the vote on final passage shall be on the joint resolution of the other House. (e) Constitutional Authority.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 5. EXISTING RULES. (a) In General.--Any existing rule may be revised or revoked in accordance with this section if a petition for review so requests. (b) Introduction.--If a petition for review is filed with the Clerk of the House of Representatives or the Secretary of the Senate, the Clerk or the Secretary shall determine whether the petition meets the requirements of subsection (d). If the Clerk or the Secretary determines that a petition meets those requirements, he or she shall notify the majority leader of that House. The majority leader so notified shall, within 3 session days in the Senate or 3 legislative days in the House of Representatives, introduce a joint resolution (by request) that makes the revision or revocation of existing rules proposed by the petition upon the enactment of that joint resolution. If the joint resolution is not introduced as provided in the preceding sentence, then any Member of that House may introduce the joint resolution. (c) Procedures for Consideration in the House of Representatives and the Senate.--Any joint resolution introduced under subsection (b) shall be considered in the House of Representatives and the Senate in accordance with the procedures respecting a joint resolution set forth in section 4. (d) Petitions for Review.--A petition for review under subsection (a) shall contain the following: (1) Any rule affected by the petition and the contents of that rule as it would exist if a joint resolution revising or revoking that rule pursuant to the petition were enacted. (2) For a petition in the Senate, the signatures of 30 Senators, or for a petition in the House of Representatives, the signatures of 120 Members. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code (relating to administrative procedure). (2) Session day and legislative day.--The terms ``session day'' and ``legislative day'' do not include, with respect to a House of the Congress, any day throughout which that House is not in session. (3) Rule.--(A) The term ``rule'' has the meaning given such term by section 551 of title 5, United States Code, except that such term does not include-- (i) any rule of particular applicability including a rule that approves or prescribes-- (I) future rates, wages, prices, services, or allowances therefor, (II) corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or (III) accounting practices or disclosures bearing on any of the foregoing, or (ii) any rule of agency organization, personnel, procedure, practice, or any routine matter. (B) The term ``final rule'' means any final rule or interim final rule. (4) Significant rule.--The term ``significant rule'' means any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule. SEC. 7. EXEMPTION FOR MONETARY POLICY. Nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Significant Regulation Oversight Act of 1998 - Prohibits a significant rule from taking effect before the enactment of a joint resolution described in section four of this Act comprised solely of the text of the rule. Requires, before a proposed significant rule takes effect as a final rule, the agency proposing the rule to submit to each House of Congress a report containing: (1) a copy of the proposed rule; (2) a concise summary of such rule, its purpose, and anticipated effects; (3) a complete copy of any cost-benefit analysis report that has been prepared by the agency with respect to the rule; (4) an explanation of the specific statutory interpretation under which a rule is proposed; and (5) any other relevant information or requirements under any other Act and any relevant Executive order. Requires each House of the Congress to provide a copy of the report to the Chairman and ranking minority party member of each committee with jurisdiction over the subject matter of the report. States that if the Congress fails to enact a joint resolution as prescribed in this Act approving a proposed significant rule, no court or agency may infer any intent of the Congress from any action or inaction with regard to such rule or any related statute. (Sec. 4) Requires the majority leader of each House of the Congress to introduce (by request) a joint resolution comprised solely of the text of the proposed significant rule within three session days in the Senate or three legislative days in the House of Representatives after the date on which an agency submits the report containing the text of the proposed significant rule. Allows any Member of either House to introduce the resolution if it is not introduced in that House as provided in the preceding sentence. Outlines House and Senate committee and floor procedures for approval of the joint resolution. (Sec. 5) Allows any existing rule to be revised or revoked in accordance with this Act if a petition for review so requests. (Sec. 6) Defines "significant rule" for purposes as any rule proposed by an agency that is specified or described as such in the Act that authorizes the rule. (Sec. 7) States that nothing in this Act applies to any rule concerning monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.

Significant Regulation Oversight Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Nevada Rural Economic Development and Land Consolidation Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds as follows: (1) The economy of Nevada is dependent upon mining as a major source of high-paying jobs and other economic benefits. (2) Fifteen percent of employment in Eureka, Lander, White Pine, Elko, and Humboldt Counties in Nevada is directly provided by mining corporations, while nearly 50 percent of employment in those counties is a direct result of the mining industry. (3) Citizens of northern Nevada counties would benefit through enhanced county services and schools from the increased private property tax base that would result from private ownership of the public land subject to mining operations. (4) The Federal Government owns approximately 81 percent of the total area of Eureka, Lander, White Pine, Elko, and Humboldt Counties in Nevada, and many mining operations in those counties are conducted on public lands subject to mining or mill site claims located and maintained under the general mining laws. (5) The general mining laws have historically allowed mining claimants to receive patents to their claims from the United States, and the public land laws authorize land exchanges and direct sales as methods for mining companies to obtain security of tenure for their operations. (6) However, since 1994, Congress has placed moratoria on further processing of patent applications under the general mining laws, except for certain patent applications that were pending at the time of the first moratorium. (7) There is a severe backlog of land exchange and direct sale petitions in Nevada that has made it impossible for Nevada mine operators to obtain title in a timely manner to land subject to mining claims and mill site claims on which they conduct their operations. (8) These circumstances have made it impossible for two mining companies to achieve security of tenure in a reasonable time frame, creating economic uncertainty and disadvantages not only for these companies but also for Nevada local governments and Nevada citizens who benefit from the taxes paid and jobs provided by these and other companies, and from their long term commitment to continue operating and to further mineral exploration in Nevada. (9) The public lands addressed in this Act are difficult and uneconomic for the Bureau of Land Management to manage and disposal of such lands will serve important public objectives, including economic development and the maintenance of a long term tax base for northern Nevada counties. (10) The Bureau of Land Management has determined that the public lands addressed in this Act are suitable for consolidation of ownership or disposal into private ownership and the environmental, cultural, social, and economic impacts of mining operations on the public lands subject to this Act have been evaluated in numerous studies conducted under the National Environmental Policy Act of 1969, the National Historic Preservation Act, and other laws. (11) The sale of the public lands would generate significant income to provide funds to complete rehabilitation of lands in the State of Nevada that were subject to mining activities conducted many decades ago. (12) Mining operations conducted on public lands sold under this Act would remain subject to applicable Federal and State environmental and safety laws. (13) These lands would be sold for market value, including a royalty on future production of minerals. (b) Purposes.--The purposes of this Act are-- (1) to provide for the orderly and expeditious consolidation and disposal of certain public lands in Eureka, Lander, White Pine, Elko, and Humboldt Counties, Nevada; (2) to provide funds for rehabilitation of lands in Nevada that were subject to historic mining activities; and (3) to provide funds for education and other purposes in the State of Nevada. SEC. 3. DEFINITIONS. In this Act: (1) Claimant.--The term ``Claimant'' means Placer Dome U.S. Inc., any affiliate designated by Placer Dome U.S. Inc., or any successor; and Graymont Western U.S. Inc, and any affiliate designated by Graymont Western U.S. Inc, or any successor. (2) Counties.--The term ``Counties'' means the Nevada counties of Eureka, Lander, White Pine, Elko, and Humboldt, all located in the State of Nevada. (3) Department.--The term ``Department'' means the Department of the Interior. (4) Mining law.--The term ``the general mining laws'' includes, in general, chapters 2 and 12A, and 16, sections 161 and 162, of title 30, U.S.C. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. DISPOSAL OF LAND. (a) Disposal.-- (1) In general.--The Claimant shall have the right during the one year period commencing on the date of enactment of this Act to submit one or more applications to the Secretary to acquire all or any portion of the public lands depicted as ``Selected Lands'' on the maps identified in clauses (i) through (ii) of subsection (b)(1)(A). As soon as practicable after receipt of each such application, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or any other law or executive order, except as specifically provided in this Act, subject to the acceptance by the Claimant and the Secretary of the appraisal and determinations to be made in accordance with paragraphs (2) and (3), the Secretary shall dispose of each parcel of public land, including minerals, described in subsection (b)(1)(A) by direct sale to the Claimant. The procedures in section 206(d) of the Federal Land Policy and Management Act (43 U.S.C. 1716(d)) shall apply to the appraisal and determinations made pursuant to this paragraph. (2) Market value.-- (A) Value of land.--The value of the public lands to be conveyed to Claimant and any private lands conveyed to the United States pursuant to this Act shall be the market value of the present interest of the grantor, as determined by the Secretary in accordance with an appraisal that complies with the Uniform Appraisal Standards for Federal Land Acquisitions and the relevant valuation provisions of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et seq.). Such appraisal shall be conducted by a qualified professional appraiser certified by the Appraiser Qualifications Board of the Appraisal Foundation. (B) Value of minerals.-- (i) The value of locatable minerals in public lands to be conveyed to the Claimant that are subject to unpatented mining claims for which the Claimant demonstrates the discovery of a valuable mineral deposit shall not be considered in the appraisal or included in the market value of the grantor's interest in these lands, as ownership and the right to develop these minerals are already vested in the Claimant. In determining whether the Claimant has demonstrated the existence of a discovery of a valuable mineral deposit, the Secretary shall apply the principles of the general mining laws, but shall not be required to conduct a formal validity examination. (ii) Because it would be difficult to determine accurately the value of locatable minerals in lands to be conveyed to the Claimant that are subject to unpatented mining or mill site claims for which the Claimant does not demonstrate the discovery of a valuable mineral deposit, the present value of such minerals will not be considered in the appraisal or included in the market value of these lands. The United States shall be compensated for the value of any such minerals as provided in paragraph (3). (3) Royalties.--There shall be reserved in the conveyance of all public lands made pursuant to this Act, except lands subject to unpatented mining claims for which the Claimant demonstrates the discovery of a valuable mineral deposit, a royalty payable to the United States on locatable minerals. The rate of the reserved royalty shall be commensurate with the rate determined by the Secretary that is common and customary at the time of conveyance for royalties on locatable minerals reserved by private parties on public and private lands in the region in which the lands are situated. (4) Credit for lands conveyed to the united states.--The Secretary shall accept from Claimant, subject to approval of title, a conveyance of any private lands identified in subsection (b)(1)(B) that Claimant offers to convey to the United States. Claimant shall receive a credit equal to the market value of any private lands conveyed to the United States pursuant to this section, which credit shall be applied against the cash consideration to be paid to the United States for the public lands conveyed to Claimant pursuant to this Act. (5) Timing.--The Secretary shall-- (A) with respect to each application made pursuant to paragraph (1) complete all necessary appraisals, review and determine the validity of the assertions of the discovery of a valuable mineral deposit on lands on which the Claimant has made such an assertion, and determine the appropriate royalty for public lands on which the Secretary determines that the Claimant has not demonstrated the existence of such a discovery, not later than 180 days after the date of submission of such application; and (B) convey the public lands to be conveyed to the Claimant not later than 60 days after the completion of the actions described in subparagraph (A). (6) Independent transactions.--The public lands to be sold to Claimant under this Act may be included in one or more conveyances. (b) Land Description.-- (1) In general.-- (A) The public lands referred to in subsection (a)(1) are the lands depicted as ``Selected Lands'' on the following maps: (i) Northern Nevada Land Package For Placer Dome U.S. Inc.- Bald Mtn Mine - Selected Lands (Scale 1=2000); (ii) Northern Nevada Land Package For Placer Dome U.S. Inc.- Cortez Gold Mines - Offered and Selected Lands (Scale 1=8000); (iii) Northern Nevada Land Package For Placer Dome U.S. Inc.- Getchell Mine - Selected Lands (Scale 1=4000); and (iv) Northern Nevada Land Package For Graymont Western U.S. Inc. - Pilot Mine - (Scale 1= 1000). (B) The private lands referred to in subsection (a)(3) are the lands depicted as ``Offered Lands'' on the following map: Northern Nevada Land Package For Placer Dome U.S. Inc.-Cortez Gold Mines- Offered and Selected Lands (Scale 1=8000) (2) Locations of maps.--The maps described in paragraph (1) shall be available for public inspection in the State Office of the Bureau of Land Management, 1340 Financial Boulevard, Reno, Nevada. (c) Miscellaneous.-- (1) Interim conveyances.--Lands to be conveyed by the United States pursuant to this Act which have not been surveyed, or with respect to which any boundary needs to be surveyed or resurveyed, shall be conveyed by an interim conveyance, which shall convey to and vest in the Claimant to which such lands are conveyed the same right, title, and interest in and to such lands as the Claimant would have received in a patent issued pursuant to this Act. Upon completion of any necessary survey or resurvey, the Secretary shall patent any lands previously conveyed by an interim conveyance. Where necessary as a result of the survey or resurvey of such lands, the boundary may be corrected in the patent. (2) Surveys.--Notwithstanding any other provision of law, the Secretary shall conduct and approve all cadastral surveys that are necessary for completion of each sale authorized and directed by this Act. In conducting such surveys, the Secretary is authorized to conduct perimeter surveys of contiguous blocks of public lands and convey such lands based on these surveys. Due to the lack of accurate and complete public land surveys in some portions of the public lands, the Secretary is authorized to use existing Bureau of Land Management protraction diagrams and global positioning system survey techniques to complete such surveys. The cost of any surveys shall be borne by the Claimant. (3) Technical corrections.--Nothing in this Act shall prevent the parties affected thereby from mutually agreeing to the correction of technical errors or omissions in the maps and legal descriptions referred to in subsection (b)(1). (4) Valid existing rights.--All lands conveyed under this Act shall be subject to valid existing rights existing as of the date of transfer of title, and each party to which property is conveyed shall succeed to the rights and obligations of the conveying party with respect to any mining claim, mill site claim, lease, right-of-way, permit, or other valid existing right to which the property is subject. (5) Administration.--The Secretary is directed to implement and administer all rights and obligations of the United States under this Act. SEC. 5. DISPOSITION OF PROCEEDS. Of the gross proceeds of sales of land under this Act in a fiscal year-- (1) 25 percent of all proceeds, including proceeds from royalties retained by the United States pursuant to this Act, shall be paid directly to the State of Nevada for use in the general education program of the State; (2) 10 percent of the initial proceeds, including proceeds from royalties retained by the United States pursuant to this Act, shall be set aside in a trust fund managed by the Bureau of Land Management for the operation of the California Trail Interpretative Center located in Elko County, Nevada; (3) from the initial proceeds, excluding proceeds from royalties retained by the United States pursuant to this Act, 100 percent of the costs incurred by the Nevada State Office and relevant Field Offices of the Bureau of Land Management in conducting sales under this Act shall be reimbursed; and (4) the remaining proceeds, including proceeds from royalties retained by the United States pursuant to this Act, shall be used by the Nevada Division of Minerals and the Nevada Division of Environmental Protection or its successor agencies in cooperation with the Bureau of Land Management and Army Corp of Engineers, for the rehabilitation of lands in Nevada that were subject to historic mining activities.

Northern Nevada Rural Economic Development and Land Consolidation Act of 2003 - Directs the Secretary of the Interior, upon the submission of the relevant application or applications by the Placer Dome U.S. Inc., Denver, Co., and Graymont Western U.S. Inc., Murray, Utah (together the Claimant), to sell the Claimant whatever portion is requested of certain public lands subject to mining operations in Eureka, Lander, White Pine, Elko, and Humboldt Counties, Nevada. Directs that the sale of the lands be at market price. States that the value of locatable minerals in such lands shall not be considered or included in the market value of the lands. Subjects all public lands conveyed under this Act to a royalty payable to the United States on locatable minerals, except for lands subject to unpatented mining claims for which the Claimant demonstrates the discovery of a valuable mineral deposit. Directs the Secretary to accept from the Claimant a conveyance of any of certain specified private lands in northern Nevada, with the Claimant to receive a credit equal to the market value of each such transferred property. Subjects all lands conveyed under this Act to valid existing rights. Directs that the proceeds from the sales of the lands be used: (1) to support the State's general education program; (2) to support a trust fund for the California Trail Interpretative Center in Elko County; (3) for the rehabilitation of lands in Nevada that were subject to historic mining activities; and (4) for the reimbursement of costs incurred by the Nevada State Office and relevant Field Offices of the Bureau of Land Management in conducting the sales.

To direct the Secretary of the Interior to sell certain public lands subject to mining operations in Eureka, Lander, White Pine, Elko, and Humboldt Counties, Nevada, for the reclamation of abandoned mines in Nevada, to promote and enhance economic development, education, and local government revenues, and for other purposes.

TITLE I--POTASH ROYALTY REDUCTION SEC. 101. SHORT TITLE. This title may be cited as the ``Potash Royalty Reduction Act of 2005''. SEC. 102. POTASSIUM AND POTASSIUM COMPOUNDS FROM SYLVITE. (a) Royalty Rate.--Notwithstanding section 102(a)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 2 of the Act of February 7, 1927 (30 U.S.C. 282) and the term of any lease issued under such section 2, the royalty rate on the quantity or gross value of the output from Federal lands of potassium and potassium compounds from the mineral sylvite at the point of shipment to market in the 5-year period beginning on the date of the enactment of this Act shall be 1.0 percent. (b) Reclamation Fund.--Fifty percentum of any royalties paid pursuant to this title during the 5-year period referred to in subsection (a), together with any interest earned from the date of payment, shall be paid by the Secretary of the Treasury to the payor of the royalties to be used solely for land reclamation purposes in accordance with a schedule to implement a reclamation plan for the lands for which the royalties are paid. No payment shall be made by the Secretary of the Treasury pursuant to this subsection until the Secretary of the Interior receives from the payor of the royalties, and approves, the reclamation plan and schedule, and submits the approved schedule to the Secretary of the Treasury. The share of royalties held by the Secretary of the Treasury pursuant to this subsection, and interest earned thereon, shall be available until paid pursuant to this subsection, without further appropriation; shall not be considered as money received under section 35 of the Mineral Leasing Act (30 U.S.C. 191) for the purpose of revenue allocation; and shall not be reduced by any administrative or other costs incurred by the United States. (c) Study and Report.--After the end of the 4-year period beginning on the date of the enactment of this Act, and before the end of the 5- year period beginning on that date, the Secretary of the Interior shall report to the Congress on the effects of the royalty reduction under this title, including a recommendation on whether the reduced royalty rate for potassium from sylvite should apply after the end of the 5- year period. TITLE II--SODA ASH ROYALTY REDUCTION SEC. 201. SHORT TITLE. This title may be cited as the ``Soda Ash Royalty Reduction Act of 2005''. SEC. 202. FINDINGS. The Congress finds the following: (1) The combination of global competitive pressures, flat domestic demand, and spiraling costs of production threaten the future of the United States soda ash industry. (2) Despite booming world demand, growth in United States exports of soda ash since 1997 has been flat, with most of the world's largest markets for such growth, including Brazil, the People's Republic of China, India, the countries of eastern Europe, and the Republic of South Africa, have been closed by protectionist policies. (3) The People's Republic of China is the prime competitor of the United States in soda ash production, and recently supplanted the United States as the largest producer of soda ash in the world. (4) Over 700 jobs have been lost in the United States soda ash industry since the Department of the Interior increased the royalty rate on soda ash produced on Federal land, in 1996. (5) Reduction of the royalty rate on soda ash produced on Federal land will provide needed relief to the United States soda ash industry and allow it to increase export growth and competitiveness in emerging world markets, and create new jobs in the United States. SEC. 203. REDUCTION IN ROYALTY RATE ON SODA ASH. Notwithstanding section 102(a)(9) of the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of the Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease under that Act, the royalty rate on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market from Federal land in the 5-year period beginning on the date of the enactment of this Act shall be 2 percent. SEC. 204. STUDY. After the end of the 4-year period beginning on the date of the enactment of this Act, and before the end of the 5-year period beginning on that date, the Secretary of the Interior shall report to the Congress on the effects of the royalty reduction under this title, including-- (1) the amount of sodium compounds and related products at the point of shipment to market from Federal land during that 4-year period; (2) the number of jobs that have been created or maintained during the royalty reduction period; (3) the total amount of royalty paid to the United States on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market produced during that 4-year period, and the portion of such royalty paid to States; and (4) a recommendation of whether the reduced royalty rate should apply after the end of the 5-year period beginning on the date of the enactment of this Act. Passed the House of Representatives May 16, 2005. Attest: JEFF TRANDAHL, Clerk.

Title I: Potash Royalty Reduction - Potash Royalty Reduction Act of 2005 - (Sec. 102) Sets at 1.0 percent the royalty rate on the quantity or gross value of the output from Federal lands of potassium and potassium compounds from the mineral sylvite at the point of shipment to market in the five-year period beginning on the date of the enactment of this Act. Prescribes implementation guidelines under which fifty percent of such royalties, together with interest earned from the date of payment, shall be paid by the Secretary of the Treasury to the payor of the royalties to be used solely for land reclamation purposes. Instructs the Secretary of the Interior to report to Congress on the effects of the royalty reduction, including a recommendation on whether the reduced royalty rate for potassium from sylvite should apply after the end of the five-year period. Title II: Soda Ash Royalty Reduction - Soda Ash Royalty Reduction Act of 2005 - (Sec. 202) Sets at 2.0 percent the royalty rate on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market from Federal land in the five-year period beginning on the date of the enactment of this Act. Instructs the Secretary of the Interior to report to Congress on the effects of the royalty reduction, including: (1) the amount of sodium compounds and related products at the point of shipment to market from Federal land at the end of the four-year period beginning on the date of the enactment of this Act; (2) the number of jobs created or maintained during the royalty reduction period; (3) the total amount of royalty paid to the United States on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market produced during that four year period, and the portion of such royalty paid to States; and (4) a recommendation of whether the reduced royalty rate should apply after the end of the five-year period beginning on the date of the enactment of this Act.

To provide that the royalty rate on the output from Federal lands of potassium and potassium compounds from the mineral sylvite in the 5-year period beginning on the date of the enactment of this Act shall be reduced to 1.0 percent, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Price Comparison for Savings Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Access to prescription drugs is important to all Americans. (2) Many individuals cannot afford to purchase the drugs prescribed by their doctors. Others skip doses or split pills contrary to their doctor's orders because they cannot afford to refill their prescriptions. (3) Individuals who use their limited financial resources to obtain needed drugs may do so by foregoing other expenditures important to their health and well-being. (4) Among the objectives of the medicaid program set forth in section 1901 of the Social Security Act (42 U.S.C. 1396) is the objective to enable each State to furnish services to help low-income families and aged, blind, or disabled individuals ``attain or retain capability for independence or self-care''. (5) Some States, such as Maryland, have established interactive Internet websites that use the usual and customary price information reported by pharmacies participating in the State's medicaid program to allow all residents of the State to comparison shop for prescription drugs. (6) Requiring all States to collect from pharmacies that participate in the medicaid program the usual and customary price for prescription drugs sold by the pharmacies and to report that information to the Secretary of Health and Human Services in order that a national, interactive Internet website may be established and maintained for individuals to use to comparison shop for prescription drugs is consistent with the objectives of the medicaid program. SEC. 3. STATE PLAN REQUIREMENT TO COLLECT AND REPORT USUAL AND CUSTOMARY PRICES FOR COVERED OUTPATIENT DRUGS SOLD UNDER THE MEDICAID PROGRAM. Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (66), by striking ``and'' at the end; (2) in paragraph (67), by striking the period and inserting ``; and''; and (3) by inserting after paragraph (67), the following: ``(68) provide that the State shall-- ``(A) require each retail pharmacy which receives payments under the plan to report to the State concurrent with the filling of a prescription for a covered outpatient drug (as defined in section 1927(k)(2)) for an individual receiving medical assistance under this title-- ``(i) the usual and customary price (as defined in section 1927(k)(10)) for the strength, quantity, and dosage form of the covered outpatient drug, as of the date the prescription is filled; and ``(ii) the postal Zip Code in which the retail pharmacy is located; and ``(B) submit the information reported under subparagraph (A) to the Secretary on such frequent basis as the Secretary shall require so as to allow for monthly updates of the information posted on the Internet website required to be established under section 5 of the Prescription Drug Price Comparison for Savings Act of 2004.''. SEC. 4. USUAL AND CUSTOMARY PRICES FOR COVERED OUTPATIENT DRUGS. (a) Definition.--Section 1927(k) of the Social Security Act (42 U.S.C. 1396r-8(k)) is amended by adding at the end the following: ``(10) Usual and customary price.--The term `usual and customary price' means the price a retail pharmacy would charge an individual who does not have health insurance coverage for purchasing a specific strength, quantity, and dosage form of a covered outpatient drug.''. (b) Inclusion of Information in Annual Report to Congress.--Section 1927(i)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(i)(2)(E)) is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (2) by inserting after subparagraph (D), the following: ``(E) the range of usual and customary prices for specific strengths, quantities, and dosage forms of covered outpatient drugs, disaggregated by postal Zip Code;''. SEC. 5. REQUIREMENT TO ESTABLISH AND MAINTAIN PRESCRIPTION DRUG PRICE COMPARISON WEBSITE. (a) Authority.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and arrange for the maintenance of an Internet website that is designed to allow an individual to compare the usual and customary prices for a range of strengths and quantities of covered outpatient drugs sold by retail pharmacies that receive payments under the medicaid program for each postal Zip Code that corresponds to an area of a State. (b) Requirements.--The Internet website required to be established and maintained under this section shall consist of-- (1) the information submitted to the Secretary in accordance with section 1902(a)(68)(B) of the Social Security Act (42 U.S.C. 1396a(a)(68)(B)) (as added by section 3(a)(3)); and (2) such other information as the Secretary determines is appropriate. (c) Definitions.--In this section: (1) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (3) State.--The term ``State'' has the meaning given that term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).

Prescription Drug Price Comparison for Savings Act of 2004 - Requires the Secretary of Health and Human Services to establish and maintain an Internet website using the information supplied by participating pharmacies to allow an individual to compare for each zip code the usual and customary prices for a range of strengths and quantities of covered outpatient drugs sold by retail pharmacies that receive Medicaid payments. Amends title XIX (Medicaid) of the Social Security Act to direct States to: (1) require a participating pharmacy, concurrent with filling a prescription for an individual receiving assistance under Medicaid, to report to the State its zip code and the usual and customary price for the covered outpatient drug as of the date the prescription is filled; and (2) submit this information to the Secretary to enable the Secretary to post monthly updates on the website.

A bill to require the Secretary of Health and Human Services to establish and maintain an Internet website that is designed to allow consumers to compare the usual and customary prices for covered outpatient drugs sold by retail pharmacies that participate in the medicaid program for each postal Zip Code, and for other purposes.

entitled ``A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806), is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``2019'' and inserting ``2029''; and (B) by striking paragraph (6), and inserting the following: ``(6) Certain education funding.-- ``(A) In general.--In addition to fees charged pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) to recover the full costs of providing adjudication services, the Secretary of Homeland Security shall charge an annual supplemental fee of $150 per temporary worker to each prospective employer who is issued a permit under subsection (d) of this section during the transition program. Such supplemental fee shall be paid into the Treasury of the Commonwealth government for the purpose of funding ongoing vocational educational curricula and program development by Commonwealth educational entities. ``(B) Plan for the expenditure of funds.--At the beginning of each fiscal year, and prior to the payment of the supplemental fee into the Treasury of the Commonwealth government in that fiscal year, the Commonwealth government must provide to the Secretary of Labor, a plan for the expenditure of funds received under this paragraph, a projection of the effectiveness of these expenditures in the placement of United States workers into jobs, and a report on the changes in employment of United States workers attributable to prior year expenditures. ``(C) Report.--The Secretary of Labor shall report to the Congress every 2 years on the effectiveness of meeting the goals set out by the Commonwealth government in its annual plan for the expenditure of funds.''; (2) in subsection (d)-- (A) in paragraph (2)-- (i) by striking the third sentence and inserting the following: ``This system shall provide, during the transition period or any extension thereof, for a reduction in the allocation of permits for such workers on an annual basis to zero unless the Secretary determines that a reduction in the number of available workers for a fiscal year would adversely affect the Commonwealth's economy. Such a determination shall be based upon verifiable documentation of the economic harm that would result from a reduction in available workers. Under such conditions, the Secretary may decide to make no change to or to increase the number of available workers for that fiscal year.''; and (ii) by adding at the end the following: ``At no time may the number of permits in effect and valid under this paragraph exceed 18,000.''; (B) in paragraph (3)-- (i) by striking ``(3)'' and inserting ``(3)(A)''; and (ii) by adding at the end the following: ``(B) No alien may be admitted or provided CW-1 status in an occupational classification unless the employer has filed with the Secretary of Labor an application stating that the employer is offering and will offer, during the period of authorized employment, to aliens admitted or provided CW-1 status-- ``(i) wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; ``(ii) wages that are at least the prevailing wage level for the occupational classification in the area of employment; or ``(iii) for job classifications without a certified prevailing wage, wages equal to or greater than the mean wage of the 3 lowest wages within the Commonwealth's prevailing wage system.''; and (C) by adding at the end the following: ``(6)(A) Not later than April 30, 2027, the Secretary of Labor, in consultation with the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Interior, and the Governor of the Commonwealth, shall ascertain the current and anticipated labor needs of the Commonwealth and determine whether an extension of up to 5 years of the provisions of this subsection is necessary to ensure an adequate number of workers will be available for legitimate businesses in the Commonwealth. If the Secretary of Labor determines that such an extension is necessary, the Secretary of Labor shall provide for it through a notice published in the Federal Register containing such determination. ``(B) For the purpose of this paragraph, a business shall not be considered legitimate if it engages directly or indirectly in prostitution, trafficking in minors, or any other activity that is illegal under Federal or local law. The determinations of whether a business is legitimate and to what extent, if any, it may require alien workers to supplement the resident workforce, shall be made by the Secretary of Homeland Security, in the Secretary's sole discretion. ``(C) In making the determination of whether alien workers are necessary to ensure an adequate number of workers for legitimate businesses in the Commonwealth, and if so, the number of such workers that are necessary, the Secretary of Labor may consider, among other relevant factors-- ``(i) government, industry, or independent workforce studies reporting on the need, or lack thereof, for alien workers in the Commonwealth's businesses; ``(ii) the unemployment rate of United States citizen workers residing in the Commonwealth; ``(iii) the unemployment rate of aliens in the Commonwealth who have been lawfully admitted for permanent residence; ``(iv) the number of unemployed alien workers in the Commonwealth; ``(v) any good faith efforts to locate, educate, train, or otherwise prepare United States citizen residents, lawful permanent residents, and unemployed alien workers already within the Commonwealth, to assume those jobs; ``(vi) any available evidence tending to show that United States citizen residents, lawful permanent residents, and unemployed alien workers already in the Commonwealth are not willing to accept jobs of the type offered; ``(vii) the extent to which admittance of alien workers will affect the compensation, benefits, and living standards of existing workers within those industries and other industries authorized to employ alien workers; and ``(viii) the prior use, if any, of alien workers to fill those industry jobs, and whether the industry requires alien workers to fill those jobs. ``(D) The Secretary of Labor periodically shall provide to the Committee on Energy and Natural Resources and the Committee on the Judiciary of the Senate, the Committee on Natural Resources and the Committee on the Judiciary of the House of Representatives, and the Delegate to the United States House of Representatives from the Northern Mariana Islands an outline of the Secretary's schedule and process for making determinations under this paragraph.''; and (3) in subsection (e), by adding at the end the following: ``(6) Special provision regarding long-term residents of the commonwealth.-- ``(A) CNMI-only resident status.--Notwithstanding paragraph (1), an alien described in subparagraph (B) may, upon the application of the alien, be admitted as an immigrant to the Commonwealth subject to the following rules: ``(i) The alien shall be treated as an immigrant lawfully admitted for permanent residence in the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which-- ``(I) the alien ceases to permanently reside in the Commonwealth; or ``(II) the alien's status is adjusted under this paragraph or section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) to that of an alien lawfully admitted for permanent residence in accordance with all applicable eligibility requirements. ``(ii) The Secretary of Homeland Security shall establish a process for such aliens to apply for CNMI-only permanent resident status during the 90-day period beginning on the first day of the sixth month after the date of the enactment of this paragraph. ``(iii) Nothing in this subparagraph may be construed to provide any alien granted status under this subparagraph with public assistance to which the alien is not otherwise entitled. ``(B) Aliens described.--An alien is described in this subparagraph if the alien-- ``(i) is lawfully present in the Commonwealth under the immigration laws of the United States; ``(ii) is otherwise admissible to the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); ``(iii) resided continuously and lawfully in the Commonwealth from November 28, 2009, through the date of the enactment of this paragraph; ``(iv) is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and ``(v)(I) was born in the Northern Mariana Islands between January 1, 1974, and January 9, 1978; ``(II) was, on May 8, 2008, and continues to be as of the date of the enactment of this paragraph, a permanent resident (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008); ``(III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))), of an alien described in subclauses (I) or (II); ``(IV) was, on May 8, 2008, an immediate relative (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008), of a United States citizen, notwithstanding the age of the United States citizen, and continues to be such an immediate relative on the date of the application described in subparagraph (A); ``(V) resided in the Northern Mariana Islands as a guest worker under Commonwealth immigration law for at least 5 years before May 8, 2008, and is presently resident under CW-1 status; or ``(VI) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(1))), of the alien guest worker described in subclause (V) and is presently resident under CW-2 status. ``(C) Adjustment for long-term and permanent residents.--Beginning on the date that is 5 years after the date of the enactment of this paragraph, an alien described in subparagraph (B) may apply to receive an immigrant visa or to adjust his or her status to that of an alien lawfully admitted for permanent residence.''. (b) Additional Reports.--Section 702 of the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 854) is amended-- (1) by redesignating subsections (i), (j), and (k) as subsections (j), (k), and (l); and (2) by inserting after subsection (h) the following: ``(i) Additional Reports.-- ``(1) In general.--The Comptroller General of the United States shall submit a report to the Congress not later than 2 years after the date of the enactment of this subsection, and, beginning on April 30, 2019, every 4 years until the end of the transition program established under section 6 of the Joint Resolution entitled `A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes', approved March 24, 1976 (Public Law 94-241; 90 Stat. 263, 122 Stat. 854), as added by subsection (a). The report shall include, at a minimum, the following items: ``(A) An assessment of the short-term and long-term impacts of the amendments made by this subtitle on the economy of the Commonwealth, including its ability to obtain workers to supplement its resident workforce and to maintain access to its tourists and customers. ``(B) An analysis of the labor needs of the Commonwealth and of efforts by the Commonwealth government and business to recruit, educate, and train United States citizens and nationals, aliens lawfully admitted to the United States for permanent residence, and citizens of one of the Freely Associated States admitted under the Compacts of Free Association with the United States and residing in the Commonwealth of the Northern Mariana Islands, to replace the temporary workforce. ``(2) Data collection.--To assist the Commonwealth's efforts to train United States citizens and nationals, aliens lawfully admitted to the United States for permanent residence, and citizens of one of the Freely Associated States admitted under the Compacts of Free Association with the United States and residing in the Commonwealth of the Northern Mariana Islands, to replace temporary workers, and to assist the Secretary of Labor's analysis of whether the transition program referred to in paragraph (1) should be extended-- ``(A) the Secretary of Homeland Security shall report to the Congress, not later than 90 days after the end of each fiscal year of the program, the number of permits approved, by occupation, industry, and country of citizenship, for employment of aliens seeking to enter the Commonwealth as a temporary worker; and ``(B) the Bureau of Labor Statistics of the Department of Labor shall collect data on unemployment, employment, pay, and benefits in the Commonwealth of the Northern Mariana Islands beginning with the first fiscal year after the date of the enactment of this subsection.''.

This bill amends the "Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America" to extend until December 31, 2029, the transition period during which the Department of Homeland Security (DHS) shall regulate immigration in the Commonwealth of the Northern Mariana Islands (CNMI) pending full applicability of U.S. immigration laws to the CNMI. The annual supplemental vocational education fee currently charged to the employer of each CNMI transition period nonimmigrant worker shall be charged instead to the employer of each temporary worker. The CNMI shall provide the Department of Labor with an annual plan for the expenditure of such funds for U.S. worker job placement. DHS is authorized to not reduce the annual transitional nonimmigrant worker visa allocation to zero during the transition period if a reduction in the number of available workers would adversely affect the CNMI's economy. The bill caps the number of transitional nonimmigrant worker visas at 18,000. An employer shall pay a CW-1 transitional worker: (1) wages that are at least the actual wage level paid by the employer to all other similarly qualified individuals; (2) wages that are at least the prevailing wage level for the occupational classification; or (3) for job classifications without a certified prevailing wage, wages equal to or greater than the mean wage of the three lowest wages within the CNMI's prevailing wage system. Labor, by April 30, 2027, shall ascertain the CNMI's current and anticipated labor needs and determine whether a five-year extension of the transition program is necessary to ensure the availability of an adequate number of workers. The bill provides for, and set forth the criteria under which, long-term CNMI residents may be admitted as CNMI permanent residents. The bill sets forth specified reporting and data collection requirements.

To amend section 6 of the Joint Resolution entitled "A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes".

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Tolerance Act''. SEC. 2. ENHANCED PROTECTIONS FOR PROSPECTIVE MEMBERS AND NEW MEMBERS OF THE ARMED FORCES DURING ENTRY-LEVEL PROCESSING AND TRAINING. (a) Defining Inappropriate and Prohibited Relationships, Communication, Conduct, and Contact Between Certain Members.-- (1) Policy required.--The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall establish and maintain a policy to uniformly define and prescribe, for the persons described in paragraph (2), what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between a member of the Armed Forces described in paragraph (2)(A) and a prospective member or member of the Armed Forces described in paragraph (2)(B). (2) Covered members.--The policy required by paragraph (1) shall apply to-- (A) a member of the Armed Forces who is superior in rank to, exercises authority or control over, or supervises a person described in subparagraph (B) during the entry-level processing or training of the person; and (B) a prospective member of the Armed Forces or a member of the Armed Forces undergoing entry-level processing or training. (3) Inclusion of certain members required.--The members of the Armed Forces covered by paragraph (2)(A) shall include, at a minimum, military personnel assigned or attached to duty-- (A) for the purpose of recruiting or assessing persons for enlistment or appointment as a commissioned officer, warrant officer, or enlisted member of the Armed Forces; (B) at a Military Entrance Processing Station; or (C) at an entry-level training facility or school of an Armed Force. (b) Effect of Violations.--A member of the Armed Forces who violates the policy established pursuant to subsection (a) shall be subject to prosecution under the Uniform Code of Military Justice. (c) Processing for Administrative Separation.-- (1) In general.--(A) The Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall require the processing for administrative separation of any member of the Armed Forces described in subsection (a)(2)(A) in response to the first substantiated violation by the member of the policy established pursuant to subsection (a), when the member is not otherwise punitively discharged or dismissed from the Armed Forces for that violation. (B) The Secretary of each military department shall revise regulations applicable to the Armed Forces under the jurisdiction of the Secretary as necessary to ensure compliance with the requirement under subparagraph (A). (2) Required elements.--(A) In imposing the requirement under paragraph (1), the Secretaries shall ensure that any separation decision regarding a member of the Armed Forces is based on the full facts of the case and that due process procedures are provided under existing law or regulations or additionally prescribed, as considered necessary by the Secretaries, pursuant to subsection (f). (B) The requirement imposed by paragraph (1) shall not be interpreted to limit or alter the authority of the Secretary of a military department and the Secretary of the Department in which the Coast Guard is operating to process members of the Armed Forces for administrative separation-- (i) for reasons other than a substantiated violation of the policy established pursuant to subsection (a); or (ii) under other provisions of law or regulation. (3) Substantiated violation.--For purposes of paragraph (1), a violation by a member of the Armed Forces described in subsection (a)(2)(A) of the policy established pursuant to subsection (a) shall be treated as substantiated if-- (A) there has been a court-martial conviction for violation of the policy, but the adjudged sentence does not include discharge or dismissal; or (B) a nonjudicial punishment authority under section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice) has determined that a member has committed an offense in violation of the policy and imposed nonjudicial punishment upon the member. (d) Proposed Uniform Code of Military Justice Punitive Article.-- Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives-- (1) a proposed amendment to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) to create an additional article under subchapter X of such chapter regarding violations of the policy required by subsection (a); and (2) the conforming changes to part IV, punitive articles, in the Manual for Courts-Martial that will be necessary upon adoption of such article. (e) Definitions.--In this section: (1) The term ``entry-level processing or training'', with respect to a member of the Armed forces, means the period beginning on the date on which the member became a member of the Armed Forces and ending on the date on which the member physically arrives at that member's first duty assignment following completion of initial entry training (or its equivalent), as defined by the Secretary of the military department concerned or the Secretary of the Department in which the Coast Guard is operating. (2) The term ``prospective member of the Armed Forces'' means a person who has had a face-to-face meeting with a member of the Armed Forces assigned or attached to duty described in subsection (a)(3)(A) regarding becoming a member of the Armed Forces, regardless of whether the person eventually becomes a member of the Armed Forces. (f) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of the Department in which the Coast Guard is operating shall issue such regulations as may be necessary to carry out this section. The Secretary of Defense shall ensure that, to the extent practicable, the regulations are uniform for each armed force under the jurisdiction of that Secretary.

No Tolerance Act - Directs the Secretary of Defense (DOD) and the Secretary of the department in which the Coast Guard is operating to establish and maintain a policy to uniformly define and prescribe what constitutes an inappropriate and prohibited relationship, communication, conduct, or contact, including when such an action is consensual, between: (1) a member of the Armed Forces (member) who is superior in rank to, exercises control over, or supervises a person during entry-level process or training; and (2) a prospective member or member undergoing such processing and training. Makes violators subject to prosecution under the Uniform Code of Military Justice (UCMJ). Directs such Secretaries to require the processing for administrative separation of any member in response to the first substantiated violation of such policy, if the member is not otherwise punitively discharged or dismissed for such violation. Requires the DOD Secretary to submit to the congressional defense committees a proposed UCMJ punitive article regarding such violations.

No Tolerance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Dual Degree Achievement Act''. SEC. 2. DUAL DEGREE ACHIEVEMENT. Title III of the Higher Education Act of 1965 (20 U.S.C. 1000 et seq.) is amended-- (1) by redesignating part F as part G; (2) by inserting immediately after part E a new Part F to read as follows: ``PART F--DUAL DEGREE ACHIEVEMENT ``SEC. 371. FINDINGS; PURPOSE. ``(a) Findings.--For the reasons set forth in sections 301, 321, 341, 350, and 501 of this Act, the Federal Government-- ``(1) has a unique relationship with, and a substantial investment in, the institutions that receive grants under this title and title V of this Act; and ``(2) should continue to seek new and even more effective ways to improve and strengthen those institutions. ``(b) Purpose.--It is the purpose of this part to-- ``(1) strengthen curricula and enhance student opportunities at minority-serving institutions; ``(2) increase postgraduate access and persistence for students who attend such institutions; and ``(3) increase diversity within scientific, technical, and other professions requiring baccalaureate and post- baccalaureate study. ``SEC. 372. PROGRAM AUTHORITY. ``(a) In General.-- (1) From funds appropriated under section 399(a)(6), the Secretary shall make grants to eligible partnerships under subsection (b) to carry out the activities described in section 373. ``(2) Each grant awarded under this part shall be for a five-year period. ``(b) Eligibility.-- (1) For purposes of this part, an eligible partnership shall include-- ``(A) one or more minority-serving institutions that award baccalaureate degrees; and ``(B) one or more partner institutions. ``(2) Other public and private entities, including minority-serving institutions that do not award baccalaureate degrees (such as community colleges), community based organizations, and businesses, may be included in partnerships under this section. ``(c) Definitions.--For purposes of this part-- ``(1) a `minority-serving institution' means an institution that is eligible to apply for assistance under sections 316 or 317, under part B of this title, or under title V of this Act; and ``(2) a `partner institution' means an institution of higher education that offers a baccalaureate or post- baccalaureate degree not awarded by the minority-serving institutions with which it is partnered. ``(d) Application Requirements.--In addition to the application requirements under section 391, an eligible partnership under subsection (b)(1) shall include in its application-- ``(1) the name of each partner and a description of its responsibilities as a member of the partnership; ``(2) a copy of the partnership agreement, including any articulation agreement between the partners; ``(3) a description of-- ``(A) the academic fields of study to be covered by the project and the degrees to be awarded by the partners; ``(B) how the project will operate, including a description of how the project will build on existing services and activities, if any, and be coordinated with other related Federal and non-Federal programs; ``(C) the need for the project, including, if the project is to cover academic fields of study that have not otherwise been published by the Secretary under subsection (f), a demonstration of how those fields of study are associated with professions in which students who attend minority serving institutions are underrepresented; ``(D) the resources that each member of the partnership will contribute to the partnership; and ``(E) how the partnership will support and continue its program under this part after the grant has expired; and ``(4) assurances that-- ``(A) each member of a partnership will designate an individual at that institution to serve as the primary point of contact for the partnership at that institution; ``(B) each participating student-- ``(i) is enrolled in an academic program that leads to a five year baccalaureate or post-baccalaureate degree not awarded by the minority-serving institution; ``(ii) who successfully completes the program will be awarded a baccalaureate degree from the minority-serving institution and a baccalaureate degree or a master's degree from the partner institution that the student attends; ``(iii) at each minority-serving institution will be informed of, and have access to, the instruction and rigorous academic courses necessary to obtain dual degrees and enter into their chosen field; and ``(iv) will maintain satisfactory academic progress while in the program; ``(C) a minority-serving institution under section 372(b)(1)(A) will be the fiscal agent for the partnership; and ``(D) each institution will use the funds made available under this part only to supplement, and not supplant, assistance that otherwise would be provided to participating students. ``(e) Publication of Study Fields.--Each year, the Secretary shall publish in the Federal Register a list of baccalaureate and post- baccalaureate degree fields of study that are associated with professions in which students attending minority-serving institutions are underrepresented. ``SEC. 373. USES OF FUNDS. ``(a) In General.--Grants awarded under this part shall be used for-- ``(1) support services to students participating in the program, such as tutoring, mentoring, and academic and personal counseling, as well as any service which facilitates the transition of minority students from the minority-serving institution to the partner institution; ``(2) scholarships to students in their 4th and 5th years in the program; ``(3) reimbursement to minority-serving institutions for the amount of tuition that they would have received had participating students attended those institutions during their 4th year of the program instead of the partner institution; and ``(4) academic program enhancements at the minority-serving institution which result in increasing the quality of the program offered and the quantity of student participants in the dual degree program offered. ``(b) Scholarships.-- ``(1) Scholarships awarded under this section shall reflect any additional amount of tuition and fees charged the participating student by the partner institution compared to the amount of tuition and fees charged the student by the minority-serving institution during the student's 3rd year in the program. ``(2) Scholarships awarded under this section shall not be considered for the purposes of awarding Federal Pell Grants under subpart 1 of part A of title IV, except that in no case shall the total amount of student financial assistance awarded to a student under this section and title IV exceed the student's cost of attendance, as defined in section 472. ``(c) Special Rule.--A majority of the funds received under this program part shall be expended for scholarships to assist minority students in acquiring degrees from the minority-serving institution and the partner institution and reimbursement to minority-serving institutions pursuant to subsection (a)(3).''; and (3) in part G, as redesignated by paragraph (1)-- (A) in section 391(b)(1), by striking out ``part C, D, or E'' and inserting in lieu thereof ``part C, D, E, or F''; and (B) in section 399(a), by adding a new paragraph (6) to read as follows: ``(6) Part f.--There are authorized to be appropriated $40,000,000 to carry out part F for fiscal year 2001 and such sums as may be necessary for each of the 2 succeeding fiscal years.''. SEC. 3. EFFECTIVE DATE. This Act shall take effect on the date of its enactment.

Directs the Secretary of Education to make five-year grants to eligible partnerships to carry out the program activities. Requires such partnerships to include one or more MSIs that award baccalaureate degrees and one or more partner IHEs that offer baccalaureate or post-baccalaureate degrees not awarded by the MSIs with which they are partnered. Allows such partnerships also to include other public and private entities, including MSIs (such as community colleges) that do not award baccalaureate degrees, community-based organizations, and businesses. Sets forth application requirements, including assurances that each participating student: (1) is enrolled in an academic program that leads to a five-year baccalaureate or post-baccalaureate degree not awarded by the MSI; and (2) upon successful completion of the program, will be awarded a baccalaureate degree from the MSI and a baccalaureate degree or a master's degree from the partner IHE that the student attends. Directs the Secretary to publish an annual list of baccalaureate and post-baccalaureate degree fields of study associated with professions in which students attending MSIs are underrepresented. Requires grants to be used for: (1) support services for participating students, including tutoring, mentoring, academic and personal counseling, and transition services; (2) scholarships to students in their fourth and fifth years in the program; (3) reimbursement to MSIs for the amount of tuition that they would have received had participating students attended those MSIs during their fourth year of the program instead of the partner IHE; and (4) academic program enhancements at the MSI that increase program quality and the number of student participants in the dual degree program. Requires that such scholarships: (1) reflect any additional amount of tuition and fees charged the participating student by the partner IHE compared to that charged by the MSI during the student's third year in the program; and (2) not be considered for the purposes of awarding Federal Pell Grants. Requires a majority of funds received under this program to be expended for such scholarships to students and such reimbursement to MSIs. Authorizes appropriations.

Dual Degree Achievement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Bereavement Act of 2011''. SEC. 2. FAMILY LEAVE BECAUSE OF THE DEATH OF A SON OR DAUGHTER. (a) Family Leave.-- (1) Entitlement to leave.--Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) is amended by adding at the end the following new subparagraph: ``(F) Because of the death of a son or daughter.''. (2) Requirements relating to leave.-- (A) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the third sentence the following new sentence: ``Leave under subsection (a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise.''. (B) Substitution of paid leave.--Section 102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is amended, in the first sentence, by striking ``(C) or (D)'' and inserting ``(C), (D), or (F)''. (C) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is amended by adding at the end the following new paragraph: ``(4) Notice for leave due to death of a son or daughter.-- In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable.''. (D) Spouses employed by same employer.--Section 102(f)(1)(A) of such Act (29 U.S.C. 2612(f)(1)(A)) is amended by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), or (F)''. (E) Certification requirements.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(g) Certification Related to the Death of a Son or Daughter.--An employer may require that a request for leave under section 102(a)(1)(F) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.''. (F) Failure to return from leave.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (i) in paragraph (2)(B)(i), by inserting before the semicolon the following: ``, or a death that entitles the employee to leave under section 102(a)(1)(F)''; and (ii) in paragraph (3)(A)-- (I) in the matter preceding clause (i), by inserting ``, or the death,'' before ``described''; (II) in clause (ii), by striking ``or'' at the end; (III) by redesignating clause (iii) as clause (iv); and (IV) by inserting after clause (ii) the following: ``(iii) a certification that meets such requirements as the Secretary may by regulation prescribe, in the case of an employee unable to return to work because of a death specified in section 102(a)(1)(F); or''. (G) Employees of local educational agencies.-- Section 108 of such Act (29 U.S.C. 2618) is amended-- (i) in subsection (c)-- (I) in paragraph (1)-- (aa) in the matter preceding subparagraph (A), by inserting after ``medical treatment'' the following: ``, or under section 102(a)(1)(F) that is foreseeable,''; and (bb) in subparagraph (A), by inserting after ``to exceed'' the following: ``(except in the case of leave under section 102(a)(1)(F))''; and (II) in paragraph (2), by striking ``section 102(e)(2)'' and inserting ``paragraphs (2) and (4) of section 102(e), as applicable''; and (ii) in subsection (d), in paragraph (2) and (3), by striking ``or (C)'' each place it appears and inserting ``(C), or (F)''. (b) Family Leave for Civil Service Employees.-- (1) Entitlement to leave.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``(F) Because of the death of a son or daughter.''. (2) Requirements relating to leave.-- (A) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the third sentence the following new sentence: ``Leave under subsection (a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise.''. (B) Substitution of paid leave.--Section 6382(d) of such title is amended, in the first sentence, by striking ``or (E)'' and inserting ``(E), or (F)''. (C) Notice.--Section 6382(e) of such title is amended by adding at the end the following new paragraph: ``(4) In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employing agency as is reasonable and practicable.''. (D) Certification requirements.--Section 6383 of such title is amended by adding at the end the following: ``(g) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe. If the Office issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer.''.

Parental Bereavement Act of 2011 - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to up to 12 workweeks of leave during any 12-month period because of the death of a son or daughter. Allows such an employee to substitute any available paid leave for any leave without pay. Applies the same leave entitlement to federal employees.

A bill to amend the Family and Medical Leave Act of 1993 to provide leave because of the death of a son or daughter.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Capital Gains and Estate Tax Relief Act of 2007''. SEC. 2. INDIVIDUAL INCOME TAX RATES FOR CAPITAL GAINS MADE PERMANENT. Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking ``this title'' and inserting ``section 302''. SEC. 3. REFORM AND EXTENSION OF ESTATE TAX AFTER 2009. (a) Restoration of Unified Credit Against Gift Tax.--Paragraph (1) of section 2505(a) of the Internal Revenue Code of 1986 (relating to general rule for unified credit against gift tax), after the application of subsection (g), is amended by striking ``(determined as if the applicable exclusion amount were $1,000,000)''. (b) Exclusion Equivalent of Unified Credit Increased to $5,000,000.--Subsection (c) of section 2010 of such Code (relating to unified credit against estate tax) is amended to read as follows: ``(c) Applicable Credit Amount.-- ``(1) In general.--For purposes of this section, the applicable credit amount is the amount of the tentative tax which would be determined under the rate schedule set forth in section 2001(c) if the amount with respect to which such tentative tax is to be computed were the applicable exclusion amount. ``(2) Applicable exclusion amount.-- ``(A) In general.--For purposes of this subsection, the applicable exclusion amount is as follows: ``(i) For calendar year 2010, $3,750,000. ``(ii) For calendar year 2011, $4,000,000. ``(iii) For calendar year 2012, $4,250,000. ``(iv) For calendar year 2013, $4,500,000. ``(v) For calendar year 2014, $4,750,000. ``(vi) For calendar year 2015 and thereafter, $5,000,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2015, the $5,000,000 amount in subparagraph (A)(vi) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $50,000, such amount shall be rounded to the nearest multiple of $50,000.''. (c) Rate Schedule.-- (1) In general.--Subsection (c) of section 2001 of such Code (relating to rate schedule) is amended to read as follows: ``(c) Rate Schedule.-- ``(1) In general.--The tentative tax is equal to the sum of-- ``(A) the product of the rate specified in section 1(h)(1)(C) in effect on the date of the decedent's death multiplied by so much of the sum described in subsection (b)(1) as does not exceed $25,000,000, and ``(B) twice the rate specified in section 1(h)(1)(C) in effect on the date of the decedent's death of so much of the sum described in subsection (b)(1) as exceeds $25,000,000. ``(2) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2015, each $25,000,000 amount in subparagraphs (A) and (B) of paragraph (1) shall 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 2014' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $50,000, such amount shall be rounded to the nearest multiple of $50,000.''. (2) Conforming amendment.--Section 2502(a) of such Code (relating to computation of tax), after the application of subsection (g), is amended by adding at the end the following flush sentence: ``In computing the tentative tax under section 2001(c) for purposes of this subsection, `the last day of the calendar year in which the gift was made' shall be substituted for `the date of the decedent's death' each place it appears in such section.''. (d) Modifications of Estate and Gift Taxes To Reflect Differences in Unified Credit Resulting From Different Tax Rates.-- (1) Estate tax.-- (A) In general.--Section 2001(b)(2) of such Code (relating to computation of tax) is amended by striking ``if the provisions of subsection (c) (as in effect at the decedent's death)'' and inserting ``if the modifications described in subsection (g)''. (B) Modifications.--Section 2001 of such Code is amended by adding at the end the following new subsection: ``(g) Modifications to Gift Tax Payable To Reflect Different Tax Rates.--For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect on the date of the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute-- ``(1) the tax imposed by chapter 12 with respect to such gifts, and ``(2) the credit allowed against such tax under section 2505, including in computing-- ``(A) the applicable credit amount under section 2505(a)(1), and ``(B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2). For purposes of paragraph (2)(A), the applicable credit amount for any calendar year before 1998 is the amount which would be determined under section 2010(c) if the applicable exclusion amount were the dollar amount under section 6018(a)(1) for such year.''. (2) Gift tax.--Section 2505(a) of such Code (relating to unified credit against gift tax), after the application of subsection (g), is amended by adding at the end the following new flush sentence: ``For purposes of applying paragraph (2) for any calendar year, the rate schedule under section 2001(c) used in computing the applicable credit amount under paragraph (1) for such calendar year shall, in lieu of the rates of tax in effect for preceding calendar periods, be used in determining the amounts allowable as a credit under this section for all preceding calendar periods.''. (e) Repeal of Deduction for State Death Taxes.-- (1) In general.--Section 2058 of such Code (relating to State death taxes) is amended by adding at the end the following: ``(c) Termination.--This section shall not apply to the estates of decedents dying after December 31, 2009.''. (2) Conforming amendment.--Section 2106(a)(4) of such Code is amended by adding at the end the following new sentence: ``This paragraph shall not apply to the estates of decedents dying after December 31, 2009.''. (f) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009. (g) Additional Modifications to Estate Tax.-- (1) In general.--The following provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, and the amendments made by such provisions, are hereby repealed: (A) Subtitles A and E of title V. (B) Subsection (d), and so much of subsection (f)(3) as relates to subsection (d), of section 511. (C) Paragraph (2) of subsection (b), and paragraph (2) of subsection (e), of section 521. The Internal Revenue Code of 1986 shall be applied as if such provisions and amendments had never been enacted. (2) Sunset not to apply.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to title V (other than subtitles F, G, and H thereof) of such Act. (3) Repeal of deadwood.-- (A) Sections 2011, 2057, and 2604 of the Internal Revenue Code of 1986 are hereby repealed. (B) The table of sections for part II of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2011. (C) The table of sections for part IV of subchapter A of chapter 11 of such Code is amended by striking the item relating to section 2057. (D) The table of sections for subchapter A of chapter 13 of such Code is amended by striking the item relating to section 2604. SEC. 4. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF DECEASED SPOUSE. (a) In General.--Subsection (c) of section 2010 of the Internal Revenue Code of 1986 (defining applicable credit amount), as amended by section 3(b), is amended by striking paragraph (2) and inserting the following new paragraphs: ``(2) Applicable exclusion amount.--For purposes of this subsection, the applicable exclusion amount is the sum of-- ``(A) the basic exclusion amount, and ``(B) in the case of a surviving spouse, the aggregate deceased spousal unused exclusion amount. ``(3) Basic exclusion amount.-- ``(A) In general.--For purposes of this subsection, the basic exclusion amount is as follows: ``(i) For calendar year 2010, $3,750,000. ``(ii) For calendar year 2011, $4,000,000. ``(iii) For calendar year 2012, $4,250,000. ``(iv) For calendar year 2013, $4,500,000. ``(v) For calendar year 2014, $4,750,000. ``(vi) For calendar year 2015 and thereafter, $5,000,000. ``(B) Inflation adjustment.--In the case of any decedent dying in a calendar year after 2015, the $5,000,000 amount in subparagraph (A)(vi) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $50,000, such amount shall be rounded to the nearest multiple of $50,000. ``(4) Aggregate deceased spousal unused exclusion amount.-- For purposes of this subsection, the term `aggregate deceased spousal unused exclusion amount' means the lesser of-- ``(A) the basic exclusion amount, or ``(B) the sum of the deceased spousal unused exclusion amounts of the surviving spouse. ``(5) Deceased spousal unused exclusion amount.--For purposes of this subsection, the term `deceased spousal unused exclusion amount' means, with respect to the surviving spouse of any deceased spouse dying after December 31, 2009, the excess (if any) of-- ``(A) the applicable exclusion amount of the deceased spouse, over ``(B) the amount with respect to which the tentative tax is determined under section 2001(b)(1) on the estate of such deceased spouse. ``(6) Special rules.-- ``(A) Election required.--A deceased spousal unused exclusion amount may not be taken into account by a surviving spouse under paragraph (5) unless the executor of the estate of the deceased spouse files an estate tax return on which such amount is computed and makes an election on such return that such amount may be so taken into account. Such election, once made, shall be irrevocable. No election may be made under this subparagraph if such return is filed after the time prescribed by law (including extensions) for filing such return. ``(B) Examination of prior returns after expiration of period of limitations with respect to deceased spousal unused exclusion amount.--Notwithstanding any period of limitation in section 6501, after the time has expired under section 6501 within which a tax may be assessed under chapter 11 or 12 with respect to a deceased spousal unused exclusion amount, the Secretary may examine a return of the deceased spouse to make determinations with respect to such amount for purposes of carrying out this subsection. ``(7) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 2505(a), as amended by section 3, is amended to read as follows: ``(1) the applicable credit amount under section 2010(c) which would apply if the donor died as of the end of the calendar year, reduced by''. (2) Section 2631(c) is amended by striking ``the applicable exclusion amount'' and inserting ``the basic exclusion amount''. (3) Section 6018(a)(1), after the application of section 101(g), is amended by striking ``applicable exclusion amount'' and inserting ``basic exclusion amount''. (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying, generation-skipping transfers, and gifts made, after December 31, 2009.

Capital Gains and Estate Tax Relief Act of 2007 - Makes permanent the reduction in capital gains tax rates (from 20 to 15%) enacted by the Jobs and Growth Tax Relief and Reconciliation Act of 2003. Amends the Internal Revenue Code to: (1) restore the unified credit against gift tax liability; (2) provide for annual increases in the estate tax exclusion amount between 2010 and 2015 and establish a permanent exclusion amount of $5 million for 2015 and thereafter; (3) provide for an inflation adjustment to the estate tax exclusion amount after 2015; (4) reduce estate tax rate brackets; and (5) allow a surviving spouse to use the unused unified estate tax credit of a deceased spouse.

To make permanent the individual income tax rates for capital gains, and for other purposes.

SECTION 1. TEMPORARY EXCLUSION FOR RESERVISTS CALLED TO ACTIVE DUTY AND FOR DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES SERVING IN A COMBAT ZONE. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139 the following new section: ``SEC. 139A. TEMPORARY EXCLUSION FOR RESERVISTS CALLED TO ACTIVE DUTY AND FOR DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES SERVING IN A COMBAT ZONE. ``(a) In General.--In the case of an eligible individual, if the amount excluded from gross income of the taxpayer by section 112 for an applicable taxable year does not exceed $40,000, gross income of the taxpayer shall be reduced (but not below zero) by the amount described in subsection (b). ``(b) Amount.-- ``(1) In general.--If the exclusion referred to in subsection (a) does not exceed $30,000, the amount described in this subsection is the lesser of-- ``(A) $30,000, and ``(B) gross income (without regard to this section). ``(2) Phaseout.--If the exclusion referred to in subsection (a) is over $30,000 but not over $40,000, the amount described in paragraph (1) shall be reduced (but not below zero)-- ``(A) by an amount which bears the same ratio to gross income (without regard to this section), as ``(B) the excess of the amount excluded from gross income by section 112 over $30,000 bears to $10,000. ``(3) Part-year service in combat zone.--If the period of active duty with respect to a member of a reserve component or service in a combat zone with respect to a civilian employee of the Department of Defense is less than an entire applicable taxable year, the amount described in this subsection shall be the same portion of the amount determined under paragraphs (1) and (2) such period bears to the entire taxable year. ``(c) Eligible Individual Serving in a Combat Zone.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means-- ``(A) any individual who is a member of a reserve component (as defined in section 101 of title 37, United States Code) and who is ordered or called to active duty for a period of more than 30 days or for an indefinite period, and ``(B) a civilian employee of the Department of Defense while such employee is serving in a combat zone. ``(2) Employee.--The term `employee' has the meaning given to such term by section 5561 of title 5, United States Code, except that an individual shall not fail to be treated as an employee for purposes of this section solely because such individual is a nonappropriated fund instrumentality employee (as defined in section 1587(a) of title 10, United States Code). ``(3) Combat zone.--The term `combat zone' has the meaning given to such term by section 112. ``(d) Applicable Taxable Year.--The term `applicable taxable year' means any taxable year beginning in 2003.'' (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139 the following new item: ``Sec. 139A. Temporary exclusion for reservists called to active duty and for department of defense civilian employees serving in a combat zone.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 2. TAX TREATMENT OF CIVILIAN EMPLOYEES OF DEPARTMENT OF DEFENSE IN COMBAT ZONES. (a) Exclusion of Combat Zone Compensation.--Section 112 of the Internal Revenue Code of 1986 (relating to prisoners of war, etc.) is amended by adding at the end the following new subsection: ``(e) Civilian Employees of Department of Defense.-- ``(1) Service in combat zone.--Gross income does not include so much of the compensation as does not exceed the maximum enlisted amount received for active service as a civilian employee of the Department of Defense serving in support of the Armed Forces of the United States for any month during any part of which such employee-- ``(A) served in a combat zone, or ``(B) was hospitalized as a result of wounds, disease, or injury incurred while serving in a combat zone. Subparagraph (B) shall not apply for any month beginning more than 2 years after the date of the termination of combatant activities in such zone. ``(2) Definitions.--For purposes of this subsection, the terms `active service' and `employee' have the respective meanings given to such terms by section 5561 of title 5, United States Code, except that an individual shall not fail to be treated as an employee for purposes of this subsection solely because such individual is a nonappropriated fund instrumentality employee (as defined in section 1587(a) of title 10, United States Code).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Amends the Internal Revenue Code to provide a temporary exclusion from gross income for members of reserve components of the Armed Forces and Department of Defense civilian employees serving in a combat zone and extends the exclusion for serving in a combat zone to Department of Defense civilian employees.

To amend the Internal Revenue Code of 1986 to provide a temporary exclusion for members of reserve components of the Armed Forces and Department of Defense civilian employees serving in a combat zone and to extend the exclusion for serving in a combat zone to Department of Defense civilian employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Savings Accounts Offer Parents Plenty Of Reasons To Understand aNd Invest in Tuition Yearly Act'' or the ``CSA OPPORTUNITY Act''. SEC. 2. DEFINITIONS. In this Act: (1) Child's savings account.--The term ``child's savings account'' means a trust created or organized exclusively for the purpose of paying the qualified expenses of only an individual who, when the trust is created or organized, has not attained 18 years of age, if the written governing instrument creating the trust contains the following requirements: (A) The trustee is a federally insured financial institution, or a State insured financial institution if a federally insured financial institution is not available. (B) The assets of the trust will be invested in accordance with the direction of the individual or of a parent or guardian of the individual, after consultation with the entity providing the initial contribution to the trust or, if applicable, a matching or other contribution for the individual. (C) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. (D) Any amount in the trust that is attributable to an account seed or matched deposit may be paid or distributed from the trust only for the purpose of paying qualified expenses of the individual. (2) Qualified expenses.--The term ``qualified expenses'' means, with respect to an individual, expenses that-- (A) are incurred after the individual receives a secondary school diploma or its recognized equivalent; and (B) are-- (i) postsecondary educational expenses (as defined in section 529 of the Internal Revenue Code of 1986) of the individual; (ii) for the purchase of a first home by the individual; or (iii) for the capitalization of a business owned by the individual. TITLE I--AMENDMENTS TO THE SOCIAL SECURITY ACT SEC. 101. INTEREST IN, AND DISTRIBUTION FROM, A QUALIFIED TUITION PROGRAM REQUIRED TO BE DISREGARDED UNDER THE TANF PROGRAM. (a) In General.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(13) Requirement to disregard interest in and distribution from, a qualified tuition program.--A State to which a grant is made under section 403 shall disregard the value of any interest in, or distribution from, a qualified tuition program (as defined in section 529(b) of the Internal Revenue Code of 1986), in determining the eligibility of, and the amount or type of assistance to be provided to an individual or family under the State program funded under this part.''. (b) Penalty for Noncompliance.-- (1) In general.--Section 409(a) of such Act (42 U.S.C. 609(a)) is amended by adding at the end the following: ``(17) Penalty for failure to disregard interest in, or distribution from, a qualified tuition program.-- ``(A) In general.--If the Secretary finds that a State to which a grant is made under section 403 for a fiscal year has failed to comply with section 408(a)(13) during the fiscal year, the Secretary shall reduce the grant otherwise payable to the State under section 403(a)(1) for the succeeding fiscal year by the percentage specified in subparagraph (B) of this paragraph. ``(B) Amount of reduction.--The reduction required under subparagraph (A) shall be-- ``(i) not less than 1 nor more than 2 percent; ``(ii) not less than 2 nor more than 3 percent, if the finding is the 2nd consecutive finding made pursuant to subparagraph (A); or ``(iii) not less than 3 nor more than 5 percent, if the finding is the 3rd or a subsequent consecutive such finding.''. (2) No exception for reasonable cause.--Section 409(b)(2) of such Act (42 U.S.C. 609(b)(2)) is amended by striking ``or (13)'' and inserting ``(13), or (17)''. SEC. 102. EXCLUSION OF INTEREST IN, AND DISTRIBUTION FROM, A QUALIFIED TUITION PROGRAM FROM RESOURCES UNDER THE SSI PROGRAM. Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is amended-- (1) by striking ``and'' at the end of paragraph (16); (2) by striking the period at the end of paragraph (17) and inserting ``; and''; and (3) by inserting after paragraph (17) the following: ``(18) the value of any interest in, or distribution from, a qualified tuition program (as defined in section 529(b) of the Internal Revenue Code of 1986).''. SEC. 103. CHILD'S SAVINGS ACCOUNT REQUIRED TO BE DISREGARDED UNDER THE TANF PROGRAM. (a) In General.--Section 408(a)(13) of the Social Security Act (42 U.S.C. 608(a)), as amended by section 101(a) of this Act, is amended-- (1) by striking ``(13)'' and all that follows through ``A State'' and inserting the following: ``(13) Requirement to disregard interest in, and distribution from, a qualified tuition program, and value of a child's savings account.-- ``(A) In general.--A State''; and (2) by inserting ``and the value of any child's savings account (as defined in section 2 of the CSA OPPORTUNITY Act)'' after ``1986)''. (b) Penalty for Noncompliance.--Section 409(a)(17) of such Act (42 U.S.C. 608(a)(17)), as added by section 101(b)(1) of this Act, is amended in the paragraph heading, by inserting ``or value of a child's savings account'' after ``program''. SEC. 104. EXCLUSION OF CHILD'S SAVINGS ACCOUNT FROM RESOURCES UNDER THE SSI PROGRAM. (a) In General.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)), as amended by section 102 of this Act, is amended-- (1) by striking ``and'' at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ``; and''; and (3) by inserting after paragraph (18) the following: ``(19) any child's savings account (as defined in section 2 of the CSA OPPORTUNITY Act), including accrued interest or other earnings thereon.''. (b) Conforming Amendment.--Section 1613(e)(5) of such Act (42 U.S.C. 1382b) is amended by inserting ``of this Act or section 2 of the CSA OPPORTUNITY Act'' before the period. (c) Technical Amendments.--Effective immediately after the repeal of the Improving Access to Clinical Trials Act of 2009 (Public Law 111- 255), section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)), as amended by the preceding provisions of this Act, is amended-- (1) by striking ``and'' at the end of paragraph (15); (2) by striking ``and'' at the end of paragraph (16); and (3) by striking paragraph (17) and redesignating paragraphs (18) and (19) as paragraphs (17) and (18), respectively. TITLE II--AMENDMENT TO THE FOOD AND NUTRITION ACT OF 2008 SEC. 201. EXCLUSION OF CHILD'S SAVINGS ACCOUNTS FROM RESOURCES UNDER THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)) is amended by adding at the end the following: ``(9) Exclusion of child's savings accounts from allowable financial resources.-- ``(A) Exclusion.--The Secretary shall exclude from financial resources under this subsection the value of funds in any child's savings account. ``(B) Child's savings account.--For purposes of subparagraph (A), the term `child's savings account' has the meaning given such term in section 2 of the CSA OPPORTUNITY Act.''. TITLE III--AMENDMENT TO LOW-INCOME HOME ENERGY ASSISTANCE ACT OF 1981 SEC. 201. EXCLUSION OF CHILD'S SAVINGS ACCOUNTS FROM RESOURCES UNDER THE LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM. Section 2605(f) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(f)) is amended by adding at the end the following: ``(3) Exclusion of Child's Savings Accounts From Allowable Financial Resources.-- ``(A) Exclusion.--The income of a household shall be determined under this section without regard to the value of funds in any child's savings account. ``(B) Child's savings account.--For purposes of subparagraph (A), the term `child's savings account' has the meaning given such term in section 2 of the CSA OPPORTUNITY Act.''.

Children's Savings Accounts Offer Parents Plenty of Reasons to Understand and Invest in Tuition Yearly Act or the CSA OPPORTUNITY Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA) to direct a state receiving a TANF grant to disregard the value of any interest in, or distribution from, a qualified tuition program, as well as the value of a child's savings account, in determining individual or family TANF eligibility or the amount or type of assistance. Amends SSA title XVI (Supplemental Security Income) (SSI) to exclude from an individual's resources for SSI eligibility or benefit purposes the value of any interest in, or distribution from, a qualified tuition program as well as the value of a child's savings account. Amends the Food and Nutrition Act of 2008 to direct the Secretary of Agriculture to exclude any child's savings accounts from resources for eligibility and benefit purposes under the supplemental nutrition assistance program (SNAP, formerly the food stamp program). Amends the Low-Income Home Energy Assistance Act of 1981 to exclude from household income any child's savings accounts from resources for eligibility and benefit purposes under the low-income home energy assistance program. Prescribes penalties for noncompliance.

CSA OPPORTUNITY Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Permitting Efficiency Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Broadband project.--The term ``broadband project'' means an installation by a broadband provider of wireless or broadband infrastructure, including but not limited to, copper lines, fiber optic lines, communications towers, buildings, or other improvements on Federal land. (2) Broadband provider.--The term ``broadband provider'' means a provider of wireless or broadband infrastructure that enables a user to originate and receive high-quality voice, data, graphics, and video telecommunications. (3) Indian lands.--The term ``Indian Lands'' means-- (A) any land owned by an Indian Tribe, located within the boundaries of an Indian reservation, pueblo, or rancheria; or (B) any land located within the boundaries of an Indian reservation, pueblo, or rancheria, the title to which is held-- (i) in trust by the United States for the benefit of an Indian Tribe or an individual Indian; (ii) by an Indian Tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or (iii) by a dependent Indian community. (4) Indian tribe.--The term ``Indian Tribe'' means a federally recognized Indian Tribe. (5) Operational right-of-way.--The term ``operational right-of-way'' means all real property interests (including easements) acquired for the construction or operation of a project, including the locations of the roadway, bridges, interchanges, culverts, drainage, clear zone, traffic control signage, landscaping, copper and fiber optic lines, utility shelters, and broadband infrastructure as installed by broadband providers, and any rest areas with direct access to a controlled access highway or the National Highway System. (6) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Department of the Interior (including land held in trust for an Indian Tribe). SEC. 3. STATE OR TRIBAL PERMITTING AUTHORITY. (a) In General.--The Secretary concerned shall establish (or in the case where both Department of the Interior and National Forest System land would be affected, shall jointly establish) a voluntary program under which any State or Indian Tribe may offer, and the Secretary concerned may agree, to enter into a memorandum of understanding to allow for the State or Indian Tribe to prepare environmental analyses required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for the permitting of broadband projects within an operational right-of-way on National Forest System land, land managed by the Department of the Interior, and Indian Lands. Under such a memorandum of understanding, an Indian Tribe or State may volunteer to cooperate with the signatories to the memorandum in the preparation of the analyses required under the National Environmental Policy Act of 1969. (b) Assumption of Responsibilities.-- (1) In general.--In entering into a memorandum of understanding under this section, the Secretary concerned may assign to the State or Indian Tribe, and the State or Indian Tribe may agree to assume, all or part of the responsibilities of the Secretary concerned for environmental analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) State or indian tribe responsibility.-- (A) In general.--A State or Indian Tribe that assumes any responsibility under paragraph (1) shall be subject to the same procedural and substantive requirements as would apply if the responsibility were carried out by the Secretary concerned. (B) Effect of assumption of responsibility.--A State or Indian Tribe that assumes any responsibility, including financial responsibility, under paragraph (1) shall be solely responsible and solely liable for carrying out, in lieu of the Secretary concerned, the responsibilities assumed under that paragraph until the date on which the program is terminated under subsection (g). (C) Environmental review.--A State or Indian Tribe that assumes any responsibility under paragraph (1) shall comply with the environmental review procedures under parts 1500-1508 of title 40, Code of Federal Regulations (or successor regulations), and the regulations of the Secretary concerned. (3) Federal responsibility.--Any responsibility of the Secretary concerned described in paragraph (1) that is not explicitly assumed by the State or Indian Tribe in the memorandum of understanding shall remain the responsibility of the Secretary concerned. (c) Offer and Notification.--A State or Indian Tribe that intends to offer to enter into a memorandum of understanding under this section shall provide to the Secretary concerned notice of the intent of the State or Indian Tribe not later than 90 days before the date on which the State or Indian Tribe submits a formal written offer to the Secretary concerned. (d) Tribal Consultation.--Within 90 days of entering into any memorandum of understanding with a State, the Secretary concerned shall initiate consultation with relevant Indian Tribes. (e) Memorandum of Understanding.--A memorandum of understanding entered into under this section shall-- (1) be executed by the Governor or the Governor's designee, or in the case of an Indian Tribe, by an officer designated by the governing body of the Indian Tribe; (2) be for a term not to exceed 10 years; (3) be in such form as the Secretary concerned may prescribe; (4) provide that the State or Indian Tribe-- (A) agrees to assume all or part of the responsibilities of the Secretary concerned described in subsection (b)(1); (B) expressly consents, including through the adoption of express waivers of sovereign immunity, on behalf of the State or Indian Tribe, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the Secretary concerned assumed by the State or Indian Tribe; (C) certify that State laws and regulations, with respect to States, or Tribal laws and regulations, with respect to Indian Tribes, are in effect that-- (i) authorize the State or Indian Tribe to take the actions necessary to carry out the responsibilities being assumed; and (ii) are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under the State laws is reviewable by a court of competent jurisdiction; (D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed; (E) agrees to provide to the Secretary concerned any information the Secretary concerned considers necessary to ensure that the State or Indian Tribe is adequately carrying out the responsibilities assigned to and assumed by the State or Indian Tribe; (F) agrees to return revenues generated from the use of public lands authorized under this section to the United States annually, in accordance with the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et seq.); and (G) agrees to send a copy of all authorizing documents to the United States for proper notation and recordkeeping; (5) prioritize and expedite any analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under the memorandum of understanding; (6) not be granted to a State on Indian Lands without the consent of the relevant Indian Tribe; and (7) not be granted to an Indian Tribe on State lands without the consent of the relevant State. (f) Limitation.--Nothing in this section permits a State or Indian Tribe to assume-- (1) any rulemaking authority of the Secretary concerned under any Federal law; and (2) Federal Government responsibilities for government-to- government consultation with Indian Tribes. (g) Termination.-- (1) Termination by the secretary.--The Secretary concerned may terminate the participation of any State or Indian Tribe in the program established under this section if-- (A) the Secretary concerned determines that the State or Indian Tribe is not adequately carrying out the responsibilities assigned to and assumed by the State or Indian Tribe; (B) the Secretary concerned provides to the State or Indian Tribe-- (i) notification of the determination of noncompliance; and (ii) a period of at least 30 days during which to take such corrective action as the Secretary concerned determines is necessary to comply with the applicable agreement; and (C) the State or Indian Tribe, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the Secretary concerned. (2) Termination by the state or indian tribe.--A State or Indian Tribe may terminate the participation of the State or Indian Tribe in the program established under this section at any time by providing to the Secretary concerned a notice of intent to terminate by not later than the date that is 90 days before the date of termination. (3) Termination of memorandum of understanding with state or indian tribe.--A State or an Indian Tribe may terminate a joint memorandum of understanding under this section at any time by providing to the Secretary concerned a notice of intent to terminate by no later than the date that is 90 days before the date of termination. SEC. 4. FEDERAL BROADBAND PERMIT COORDINATION. (a) Establishment.--The Secretary concerned shall establish a broadband permit streamlining team comprised of qualified staff under subsection (b)(4) in each State or regional office that has been delegated responsibility for issuing permits for broadband projects. (b) Memorandum of Understanding.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Secretary concerned, in consultation with the National Conference of State Historic Preservation Officers and the National Tribal Historic Preservation Officers Association, shall enter into a memorandum of understanding to carry out this section with-- (A) the Secretary of Agriculture or of the Interior, as appropriate; (B) the Director of the Bureau of Indian Affairs; and (C) the Director of the United States Fish and Wildlife Service. (2) Purpose.--The purpose of the memorandum of understanding under paragraph (1) is to coordinate and expedite permitting decisions for broadband projects. (3) State or tribal participation.--The Secretary concerned may request that the Governor of any State or the officer designated by the governing body of the Indian Tribe with one or more broadband projects be a party to the memorandum of understanding under paragraph (1). (4) Designation of qualified staff.-- (A) In general.--Not later than 30 days after the date of entrance into the memorandum of understanding under paragraph (1), the head of each Federal agency that is a party to the memorandum of understanding (other than the Secretary concerned) may, if the head of the Federal agency determines it to be appropriate, designate to each State or regional office an employee of that Federal agency with expertise in regulatory issues relating to that Federal agency, including, as applicable, particular expertise in-- (i) planning under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) and planning under the Federal Land Policy Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) the preparation of analyses under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (iii) consultation and the preparation of biological opinions under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536). (B) Duties.--Each employee designated under subparagraph (A) shall-- (i) be responsible for any issue relating to any broadband project within the jurisdiction of the State or regional office under the authority of the Federal agency from which the employee is assigned; (ii) participate as part of the team of personnel working on one or more proposed broadband projects, including planning and environmental analyses; and (iii) serve as the designated point of contact with any applicable State or Indian Tribe that assumes any responsibility under section 3(b)(1) relating to any issue described in clause (i). Passed the House of Representatives September 12, 2018. Attest: KAREN L. HAAS, Clerk.

Rural Broadband Permitting Efficiency Act of 2018 (Sec. 3) This bill requires the Department of Agriculture (USDA) and the Department of the Interior to establish a program to enter into memoranda of understanding with states and Indian tribes to allow for the permitting of broadband within an operational right-of-way to enable broadband providers to install infrastructure that allows users to originate and receive high-quality voice, data, graphics, and video telecommunications, with respect to National Forest System land, land managed by Interior, and Indian land. The "operational right-of-way" is defined as all real property interests (including easements) acquired for the construction or operation of a project. A state's governor, the governor's designee, or an officer designated by the governing body of the Indian tribe may enter into such a memorandum for a term not to exceed 10 years if the state or Indian tribe consents to: (1) federal court jurisdiction, (2) federal environmental review procedures, (3) judicial review of decisions regarding the public availability of documents, (4) maintenance of necessary financial resources, (5) the provision of any information that USDA or Interior needs to ensure that the state is carrying out its responsibilities, (6) the provision of revenues generated from the use of public lands to the United States, and (7) the provision of a copy of authorizing documents to the United States for proper notation and recordkeeping. (Sec. 4) USDA or Interior must establish a broadband permit streamlining team in each state or regional office with responsibility for issuing permits for broadband projects. Under the program, USDA or Interior shall coordinate and expedite permitting decisions for broadband projects through a memorandum of understanding with USDA or Interior, as appropriate, the Bureau of Indian Affairs, and the U.S. Fish and Wildlife Service.

Rural Broadband Permitting Efficiency Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Textbook Affordability Act of 2007''. SEC. 2. PURPOSE AND INTENT. The purpose of this Act is to ensure that every student in higher education is offered better and more timely access to affordable course materials by educating and informing faculty, students, administrators, institutions of higher education, bookstores, and publishers on all aspects of the selection, purchase, sale, and use of the course materials. It is the intent of this Act to have all involved parties work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to provide high quality course materials for students. SEC. 3. DEFINITIONS. In this Act: (1) College textbook.--The term ``college textbook'' means a textbook, or a set of textbooks, used for a course in postsecondary education at an institution of higher education. (2) Course schedule.--The term ``course schedule'' means a listing of the courses or classes offered by an institution of higher education for an academic period. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (4) Publisher.--The term ``publisher'' means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce. (5) Supplemental material.--The term ``supplemental material'' means educational material published or produced to accompany a college textbook. SEC. 4. PUBLISHER REQUIREMENTS. (a) College Textbook Pricing Information.--When a publisher provides a faculty member of an institution of higher education with information regarding a college textbook or supplemental material available in the subject area in which the faculty member teaches, the publisher shall include, with any such information and in writing, the following: (1) The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education. (2) Any history of revisions for the college textbook or supplemental material. (3) Whether the college textbook or supplemental material is available in any other format, including paperback and unbound, and the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education. (b) Unbundling of Supplemental Materials.--A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundled item shall also sell the college textbook and each supplemental material as separate and unbundled items. SEC. 5. PROVISION OF ISBN COLLEGE TEXTBOOK INFORMATION IN COURSE SCHEDULES. (a) Internet Course Schedules.--Each institution of higher education that receives Federal assistance and that publishes the institution's course schedule for the subsequent academic period on the Internet shall-- (1) include, in the course schedule, the International Standard Book Number (ISBN) and the retail price for each college textbook or supplemental material required or recommended for a course or class listed on the course schedule that has been assigned such a number; and (2) update the information required under paragraph (1) as necessary. (b) Written Course Schedules.--In the case of an institution of higher education that receives Federal assistance and that does not publish the institution's course schedule for the subsequent academic period on the Internet, the institution of higher education shall include the information required under subsection (a)(1) in any printed version of the institution's course schedule and shall provide students with updates to such information as necessary. SEC. 6. AVAILABILITY OF INFORMATION FOR COLLEGE TEXTBOOK SELLERS. An institution of higher education that receives Federal assistance shall make available, as soon as is practicable, upon the request of any seller of college textbooks (other than a publisher) that meets the requirements established by the institution, the most accurate information available regarding-- (1) the institution's course schedule for the subsequent academic period; and (2) for each course or class offered by the institution for the subsequent academic period-- (A) the International Standard Book Number (ISBN) for each college textbook or supplemental material required or recommended for such course or class that has been assigned such a number; (B) the number of students enrolled in such course or class; and (C) the maximum student enrollment for such course or class.

College Textbook Affordability Act of 2007 - Requires publishers informing teachers at institutions of higher education about textbooks or supplements in their subject areas to include written information concerning: (1) the price the publisher would charge the bookstore associated with such institution for such items; (2) any history of revisions for such items; and (3) whether such items are available in other formats, including paperback and unbound, and the price the publisher would charge the bookstore for items in those formats. Requires a publisher that sells a textbook and any accompanying supplement as a single bundled item also to sell them separately and unbundled. Directs federally-assisted institutions of higher education to include on printed or internet course schedules the International Standard Book Number (ISBN) and retail price for each required or recommended textbook or supplement for listed courses. Requires such institutions to provide sellers of textbooks (other than publishers) that meet their requirements with: (1) their course schedules for the subsequent academic period; (2) the ISBN for each textbook or supplement required or recommended for each course; and (3) the number of students enrolled, and the maximum enrollment, in each course.

A bill to ensure that college textbooks and supplemental materials are available and affordable.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraq Claims Act of 1993''. SEC. 2. ADJUDICATION OF CLAIMS. (a) The Foreign Claims Settlement Commission of the United States (``the Commission'') is authorized to receive and determine the validity and amounts of any claims referred to it by the Secretary of State with respect to which the United States has received lump-sum payments from the United Nations Compensation Commission (``the UNCC''). (b) The Commission is further authorized to receive and determine the validity and amounts of any claims by nationals of the United States against Iraq that are determined by the Secretary of State to be outside the jurisdiction of the UNCC. (c) In deciding such claims, the Commission shall apply, in the following order-- (1) relevant decisions of the United Nations Security Council and the UNCC (in the case of claims under subsection (a)); (2) applicable substantive law, including international law; and (3) applicable principles of justice and equity. (d) The Commission shall, to the extent practical, decide all pending non-commercial claims of members of the armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait before deciding any other claim. (e) Except as otherwise provided in this Act, the provisions of titles I and VII of the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) shall apply with respect to claims under this Act. Any reference in such provisions to ``this title'' shall be deemed to refer to those provisions and to this Act. Any reference in such provisions to ``section 703'' shall be deemed to refer to section 2(b) of this Act. (f) In determining the amount of any claim adjudicated under this Act, the Commission shall deduct all amounts the claimant has received from any source on account of the same loss or losses. SEC. 3. CLAIMS FUNDS. (a) The Secretary of the Treasury is authorized to establish in the Treasury of the United States one or more funds (``the UNCC Claims Funds'') for payment of claims under section 2(a). The Secretary of the Treasury shall cover into the UNCC Claims Funds such amounts as are transferred to him by the Secretary of State pursuant to subsection (e). (b) The Secretary of the Treasury is further authorized to establish in the Treasury of the United States a fund (``the Iraq Claims Fund'') for payment of claims under section 2(b). The Secretary of the Treasury shall cover into the Iraq Claims Fund such amounts as are allocated by the President from assets of the Government of Iraq liquidated pursuant to subsection (d). (c) In accordance with section 8(g) of the International Claims Settlement Act of 1949 (22 U.S.C. 1627(g)), the funds established pursuant to sections 3(a) and 3(b) shall be invested in public debt securities and shall bear interest at rates determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturity. (d) The President is authorized to vest and liquidate as much of the assets of the Government of Iraq in the United States that have been blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) as may be necessary to satisfy claims under section 2(b), as well as claims of the United States Government against Iraq which are determined by the Secretary of State to be outside the jurisdiction of the UNCC. The President shall allocate these funds in the manner he determines appropriate between the Iraq Claims Fund and such other accounts as are appropriate for the payment of claims of the United States Government. (e) The Secretary of State shall allocate funds received by the United States from the UNCC in the manner he determines appropriate between the UNCC Claims Funds and funds established under the authority of section 2668a of title 22 of the United States Code. SEC. 4. PROGRAM ADMINISTRATION SELF-SUFFICIENCY. Notwithstanding any other provision of law, the Secretary of the Treasury shall deduct an amount equal to 1\1/2\ per centum from any amount covered into the claims funds established under section 3, and from any amounts the Secretary of State receives from the UNCC which are not covered into a claims fund established under section 3 and not in payment of a claim of the United States Government, to reimburse the agencies of the Government of the United States for their expenses in administering the Iraq claims program and this Act. The Secretary of the Treasury, in consultation with the Chairman of the Foreign Claims Settlement Commission and the Secretary of State, shall determine the proportional distribution of the reimbursement set-aside, and shall advance for credit or reimburse a department, agency, or instrumentality of the Federal Government for its respective expenses in administering the Iraq claims program and this Act. Amounts received by such department, agency or instrumentality shall be credited or reimbursed to the appropriation account then current and shall remain available for expenditure without fiscal year limitation. SEC. 5. PAYMENTS. (a) The Commission shall certify to the Secretary of the Treasury each award made pursuant to section 2. The Secretary of the Treasury shall make payment in the following order of priority out of the appropriate fund provided for in section 3-- (1) payment in the amount of $10,000 or the principal amount of the award, whichever is less; (2) when the Secretary of the Treasury has determined that funds are available to pay each claim having priority under section 2(d) an additional $90,000, payment of a further $90,000 of the principal of the awards that have priority under section 2(d); (3) payments from time to time in ratable proportions on account of the unpaid balance of the principal amounts of all awards according to the proportions which the unpaid balance of such awards bear to the total amount in the appropriate claims fund that is available for distribution at the time such payments are made; (4) after payment has been made of the principal amounts of all such awards, pro rata payments on account of accrued interest on such awards as bear interest; and (5) after payment has been made in full of all the awards payable out of any of the claims funds established by section 3, any funds remaining in that claims fund shall be transferred to the other claims fund created by that section, except any funds received by the United States from the UNCC shall be so transferred to the extent not inconsistent with UNCC requirements. (b) Payment of any award made pursuant to this Act shall not extinguish any unsatisfied claim, or be construed to have divested any claimant, or the United States on his or her behalf, of any rights against the Government of Iraq with respect to any unsatisfied claim. SEC. 6. RECORDS. (a) The Secretary of State and the Secretary of the Treasury may transfer or otherwise make available to the Commission such records and documents relating to claims authorized by this Act as may be required by the Commission in carrying out its functions under this Act. (b) Notwithstanding section 552 of title 5 of the United States Code (commonly referred to as the Freedom of Information Act), records pertaining to claims before the Commission and the UNCC may not be disclosed to the general public, except that-- (1) decisions of the UNCC and filings of the United States on its own behalf of the UNCC shall be made available to the public, unless the Secretary of State determines that public disclosure would be prejudicial to the interests of the United States or United States claimants, or that public disclosure would be inconsistent with the procedures of the UNCC; (2) with respect to records of the Department of State, the Secretary of State may determine on a case-by-case basis to make such information available when in the judgment of the Secretary the interests of justice so require; (3) with respect to records of the Department of the Treasury, the Secretary of the Treasury may determine on a case-by-case basis to make such information available when in the judgment of the Secretary the interests of justice so require; and (4) with respect to records of the Commission, the Chairman of the Commission may determine on a case-by-case basis to make such information available when in the judgment of the Chairman the interests of justice so require. Before releasing records that originated with another Executive Branch agency (as defined in section 105 of title 5 of the United States Code), the Commission shall obtain the concurrence of the originating agency. SEC. 7. SEVERABILITY. If any provision of this Act or the application thereof to any person or circumstances shall be held invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected. SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNPAID CERTIFIED CLAIMS. (a) Nine years after the Secretary of the Treasury last covers funds into the UNCC Claims Fund(s) or the Iraq Claims Fund established under section 3 of this Act, the Secretary of the Treasury shall publish a notice in the Federal Register detailing this statute of limitations and identifying the claim numbers and awardee names of unpaid certified claims. Any demand or claim for payment on account of an award certified under the Iraq claims program shall be barred one year after the publication date of the notice required by this subsection. (b) Two years after the publication date of the notice required by subsection (a), any unpaid certified claim amount and any remaining balance in the UNCC Claims Fund(s) or the Iraq Claims Fund established under section 3 of this Act shall be deposited to the miscellaneous receipts of the Treasury.

Iraq Claims Act of 1993 - Authorizes the Foreign Claims Settlement Commission to receive and determine the validity and amounts of any claims: (1) with respect to which the United States has received lump-sum payments from the United Nations Compensation Commission (UNCC); and (2) of U.S. nationals against Iraq that are determined to be outside the UNCC's jurisdiction. Requires the Commission, in deciding such claims, to apply, in the following order: (1) relevant decisions of the United Nations Security Council and the UNCC; (2) applicable substantive law; and (3) principles of justice and equity. Directs the Commission to decide all pending non-commercial claims of members of the armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait before deciding any other claim. Applies titles I and VII of the International Claims Settlement Act of 1949 to claims under this Act. Requires the Commission, in determining the amount of any claim adjudicated under this Act, to deduct amounts the claimant has received from any source on account of the same loss. Authorizes the Secretary of the Treasury to establish in the Treasury: (1) UNCC Claims Funds composed of amounts transferred by the Secretary of State pursuant to this Act; and (2) the Iraq Claims Fund composed of amounts allocated by the President from liquidated assets of the Iraqi Government. Authorizes the President to vest and liquidate as much of the assets of the Iraqi Government in the United States that have been blocked pursuant to the International Emergency Economic Powers Act as necessary to satisfy claims of U.S. nationals or the U.S. Government that are outside the UNCC's jurisdiction. Sets forth payment and recordkeeping requirements. Requires the Secretary of the Treasury to publish a notice of the statute of limitations on unpaid certified claims nine years after covering amounts into the Funds. Bars demands for payments on such claims one year after the publication of such notice.

Iraq Claims Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``ICCVAM Authorization Act of 1998''. SEC. 2. INTERAGENCY COORDINATING COMMITTEE ON THE VALIDATION OF ALTERNATIVE METHODS. (a) In General.--The Interagency Coordinating Committee on the Validation of Alternative Methods (referred to in this Act as ``ICCVAM'') shall be sustained as a permanent standing committee and continued to be administered by the National Institute of Environmental Health Sciences. The purposes of ICCVAM shall be to-- (1) increase the efficiency and effectiveness of Federal agency test method review; (2) eliminate duplicative efforts and share experiences across Federal regulatory agencies; (3) optimize utilization of scientific expertise outside the Federal Government; (4) ensure that new test methods meet the needs of Federal agencies; and (5) reduce, refine, and replace the use of animals in testing. (b) Composition.--ICCVAM shall be comprised of a representative from each of the following agencies and organizations: (1) Agency for Toxic Substances and Disease Registry. (2) Consumer Product Safety Commission. (3) Department of Agriculture. (4) Department of Defense. (5) Department of Energy. (6) Department of the Interior. (7) Department of Transportation. (8) Environmental Protection Agency. (9) Food and Drug Administration. (10) National Institute for Occupational Safety and Health. (11) National Institutes of Health. (12) National Cancer Institute. (13) National Institute of Environmental Health Sciences. (14) National Library of Medicine. (15) Occupational Safety and Health Administration. (16) Any other agency that develops, employs, or regulates the use of animals in toxicity testing. (c) Scientific Advisory Committee.-- (1) Establishment.--In addition, the National Institute of Environmental Health Sciences shall establish a Scientific Advisory Committee to assist ICCVAM and the National Institute of Environmental Health Sciences. The Committee shall be composed of at least one knowledgeable representative having a history of expertise, development, or evaluation in alternatives to animal toxicological tests, from each of the following interests: (A) The personal care, pharmaceutical, industrial chemicals, agriculture, and any other regulated industry. (B) A national animal protection organization established under section 501(c)(3) of the Internal Revenue Code of 1986. (2) Membership.-- The National Institute of Environmental Health Sciences shall also invite to be members of the Scientific Advisory Committee representatives from other stakeholder organizations such as: (A) An academic institution. (B) A State government agency. (C) An international regulatory body. (D) A corporation developing or marketing alternative test methodologies including contract laboratories. (d) Duties.--ICCVAM shall carry out the following duties consistent with the protection of public health and the environment and for the purpose of reducing, refining, and replacing the use of animals in acute and chronic toxicological tests: (1) Review and evaluate existing and new alternative methods, including batteries of tests and test screens, which may be acceptable for specific regulatory uses, including the coordination of technical reviews of proposed new or revised test methods of interagency interest. (2) Facilitate interagency and international harmonization of acute chronic toxicological test protocols that encourage the reduction, refinement, or replacement of animal tests. (3) Facilitate, promote, and provide guidance on development of validation criteria and processes for new methods and help promote the acceptance of such methods and awareness of accepted methods by Federal agencies and other stakeholders. (4) File formal recommendations with each appropriate Federal agency identifying specific agency guidelines, recommendations, or regulations for each new test, battery of tests, test screen, or end point reviewed by ICCVAM that may be appropriate for the reduction, refinement, or replacement of an animal test required or recommended by that Federal agency for compliance with that agency's specific statutes, regulations, or guidelines. Tests may be recommended for a certain class of chemicals within that regulatory framework. (5) Consider for review and evaluation, petitions received from the public which identify a specific regulation, recommendation, or guideline, and which recommend alternatives and provide scientific evidence of the acceptability of the alternatives for the purpose of carrying out the regulatory mandate in question. (6) Make final recommendations to agencies and responses from agencies available to the public. (7) Make an annual report to be made available to the public on its progress to promote the regulatory acceptance of new and revised toxicological tests. SEC. 3. APPLICATION. This Act shall not apply to regulations, guidelines, or recommendations related to medical research. The term ``medical research'' means research, including research performed using biotechnology, related to the causes, diagnosis, treatment, or control of physical or mental impairments of humans or animals. The term does not include the testing of a product to determine its toxicity for the purpose of complying with protocols, recommendations, or guidelines for testing required, recommended, or accepted by a Federal regulatory agency for a product introduced in commerce. SEC. 4. FEDERAL AGENCY ACTION. (a) Identification of Tests.--Within 180 days after the date of enactment of this Act, each Federal agency authorized to carry out a regulatory program which requires or recommends acute or chronic toxicological testing shall identify any regulation or industry-wide guideline which specifically, or in practice requires, recommends, or encourages the use of an animal acute or chronic toxicological test and shall forward to ICCVAM a list of these regulations, guidelines, and recommendations along with the test or tests recommended or required. (b) Alternatives.--Each Federal agency shall promote and encourage the development and use of alternatives to animal tests, including batteries of tests and test screens, where appropriate, for the purpose of complying with Federal regulations, guidelines, or recommendations, in each instance, and for each chemical class, for which such tests are found to be effective for generating data at least equivalent for hazard identification or dose-response assessment purposes to the method established under the current regulatory scheme. (c) Test Validation.--Each Federal agency shall ensure that any new acute or chronic toxicity test, including animal tests and alternatives, is determined to be valid for its proposed use prior to requiring, recommending, or encouraging its application. (d) Reviews.--Each Federal agency shall review any formal recommendations from ICCVAM to promulgate new regulations or draft new guidelines or recommendations to promote the ICCVAM recommendations and notify ICCVAM in writing of its findings within 180 days of receipt of the recommendations. (e) Recommendation Adoption.--Each Federal agency shall adopt the ICCVAM recommendations unless it determines that-- (1) the alternative is not adequate in terms of biological relevance for the regulatory goal authorized by the agency; (2) the alternative does not generate data at least equivalent for the appropriate hazard identification or dose- response assessment purpose as the method recommended by the agency; (3) the agency does not employ, recommend, or require testing for that class of chemical or for the recommended end point; or (4) each government agency retains fully the prerogative of deciding whether the new test method is acceptable for satisfactorily fulfilling the test needs for their particular agency and its respective congressional mandate.

ICCVAM Authorization Act of 1998 - States that the Interagency Coordinating Committee on the Validation of Alternative Methods (ICCVAM) shall be sustained as a permanent standing committee administered by the National Institute of Environmental Health Sciences. Sets forth ICCVAM objectives, including: (1) increasing the efficiency of Federal test method review; and (2) reducing animal testing. Directs the Institute to establish a Scientific Advisory Committee. Requires each Federal agency to: (1) identify and forward to ICCVAM those guidelines or regulations it follows requiring or recommending animal testing; (2) promote valid alternatives to animal testing; and (3) adopt ICCVAM recommendations unless such recommendations are inadequate or unsatisfactory.

ICCVAM Authorization Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reconstructive Surgery Act of 2005''. SEC. 2. COVERAGE OF RECONSTRUCTIVE SURGERY. (a) Group Health Plans.-- (1) Public health service act amendments.-- (A) In general.--Section 2706 of the Public Health Service Act (42 U.S.C. 300gg-6) is amended to read as follows: ``SEC. 2706. COVERAGE OF RECONSTRUCTIVE SURGERY. ``(a) Requirement.--A group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan that provides coverage for surgery shall provide coverage for reconstructive surgery, including medically-necessary treatment for pre-operative and post-operative care deemed necessary by the treating physician or team of physicians. ``(b) Definition.--In subsection (a), the term `reconstructive surgery' means any medically necessary and appropriate surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to-- ``(1) improve functions; or ``(2) give the patient a normal appearance, to the extent possible, in the judgment of the physician performing the surgery. ``(c) Rule of Construction.-- ``(1) In general.--Nothing in this section shall be construed to require a group health plan or health insurance issuer in connection with a group health plan to provide coverage for cosmetic surgery. ``(2) Definition.--In paragraph (1), the term `cosmetic surgery' means surgery that is performed to alter or reshape normal structures of the body in order to improve appearance.''. (B) Conforming amendment.--Section 2723(c) of the Public Health Service Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) In general.--Section 713 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185b) is amended to read as follows: ``SEC. 713. COVERAGE FOR RECONSTRUCTIVE SURGERY. ``(a) Requirement.--A group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan that provides coverage for surgery shall provide coverage for reconstructive surgery, including medically-necessary treatment for pre-operative and post-operative care deemed necessary by the treating physician or team of physicians. ``(b) Definition.--In subsection (a), the term `reconstructive surgery' means any medically necessary and appropriate surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to-- ``(1) improve functions; or ``(2) give the patient a normal appearance, to the extent possible, in the judgment of the physician performing the surgery. ``(c) Rule of Construction.-- ``(1) In general.--Nothing in this section shall be construed to require a group health plan or health insurance issuer in connection with a group health plan to provide coverage for cosmetic surgery. ``(2) Definition.--In paragraph (1), the term `cosmetic surgery' means surgery that is performed to alter or reshape normal structures of the body in order to improve appearance.''. (B) Conforming amendments.-- (i) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 712 the following new item: ``Sec. 713. Coverage for reconstructive surgery.''. (b) Individual Market.--Section 2752 of the Public Health Service Act (42 U.S.C. 300gg-52) is amended to read as follows: ``SEC. 2752. COVERAGE FOR RECONSTRUCTIVE SURGERY. ``The provisions of section 2706 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market.''. (c) Effective Dates.-- (1) Group health plans.--Subject to paragraph (3), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2006. (2) Health insurance coverage.--The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2006. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordinated Regulations.--Section 104(1) of Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) is amended by striking ``this subtitle (and the amendments made by this subtitle and section 401)'' and inserting ``the provisions of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, and the provisions of parts A and C of title XXVII of the Public Health Service Act''.

Reconstructive Surgery Act of 2005 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan, and a health insurance issuer offering group health insurance coverage, that provide coverage for surgery to also cover reconstructive surgery, including medically-necessary treatment for preoperative and postoperative care. Defines "reconstructive surgery" as any medically necessary and appropriate surgery performed to correct or repair abnormal structures of the body caused by congenital defects, developmental abnormalities, trauma, infection, tumors, or disease to: (1) improve functions; or (2) give the patient a normal appearance. Excludes cosmetic surgery that is performed to alter or reshape normal structures of the body in order to improve appearance. Applies such requirements to health insurance coverage offered in the individual market.

To require health insurance coverage for certain reconstructive surgery.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Commemorative Coin Act of 2001''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Bimetallic Coins.--The Secretary may mint and issue not more than 200,000 $10 bimetallic coins of gold and platinum instead of the gold coins required under subsection (a)(1), in accordance with such specifications as the Secretary determines to be appropriate. (c) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 3. SOURCES OF BULLION. (a) Platinum and Gold.--The Secretary shall obtain platinum and gold for minting coins under this Act from available sources. (b) Silver.--The Secretary may obtain silver for minting coins under this Act from stockpiles established under the Strategic and Critical Materials Stock Piling Act and from other available sources. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall-- (A) be emblematic of the presidency and life of former President Ronald Reagan; (B) bear the likeness of former President Ronald Reagan on the obverse side; and (C) bear a design on the reverse side that is similar to the depiction of an American eagle carrying an olive branch, flying above a nest containing another eagle and hatchlings, as depicted on the 2001 American Eagle Gold Proof coins. (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 ``2005''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Design Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin 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 one facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 2005 and ending on December 31, 2005. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins issued under this Act shall include a surcharge established by the Secretary, in an amount equal to not more than-- (1) $50 per coin for the $10 coin or $35 per coin for the $5 coin; and (2) $10 per coin for the $1 coin. SEC. 7. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins issued under this Act shall be paid promptly by the Secretary to the Department of Health and Human Services to be used by the Secretary of Health and Human Services for the purposes of-- (1) providing grants to charitable organizations that assist families in their efforts to provide care at home to a family member with Alzheimer's disease; and (2) increasing awareness and educational outreach regarding Alzheimer's disease. (b) Audits.--Any organization or entity that receives funds from the Secretary of Health and Human Services under subsection (a) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to such funds. SEC. 8. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Ronald Reagan Commemorative Coin Act of 2001 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and ten-dollar bimetallic coins emblematic of the presidency and life of former President Ronald Reagan.

A bill to require the Secretary of the Treasury to mint coins in commemoration of former President Ronald Reagan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Sexual Predators Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that.-- (1) rape and sexual assaults continue to be serious threats to the safety of communities across America; (2) sexual offenders are much more likely than any other category of criminals to repeat their crimes again and again, even after serving time in prison; and (3) the average rape sentence is just 10\1/2\ years, and the average time served is half of that, approximately 5 years. (b) Sense of Congress.--It is the sense of Congress that-- (1) States should more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with a first-time sexual offender and whether to grant parole to sexual offenders; and (2) States should review their treatment and parole supervision programs for sexual offenders to assure that these programs are fulfilling their goals, and, if they are not, these programs should be immediately replaced or abandoned. SEC. 3. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES. Section 2241 of title 18, United States Code, is amended by adding at the end the following: ``(e) Punishment for Sexual Predators.--(1) Whoever, in a circumstance described in paragraph (2) of this subsection-- ``(A) violates this section; or ``(B) engages in conduct, in or affecting interstate or foreign commerce, that would be a violation of subsection (a), (b), or (c) of this section, if the offense had occurred in the special maritime and territorial jurisdiction of the United States; shall be imprisoned for life. ``(2) The circumstance referred to in paragraph (1) of this subsection is that the defendant has previously been convicted of another State or Federal offense for conduct which-- ``(A) is an offense under this section or section 2242 of this title; or ``(B) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States.''. SEC. 4. REGISTRATION PROGRAM. (a) In General.-- (1) State guidelines.-- (A) Generally.--The Attorney General shall establish guidelines for State programs requiring-- (i) any person who is convicted of a sex offense to register and keep up to date a current address with a designated State law enforcement agency for 10 years after release from prison, or being placed on parole, supervised release, or probation; and (ii) each State to provide information obtained about the registered person to the Attorney General on a prompt and regular basis and in a uniform format. (B) Required content of guidelines.--Such guidelines shall require the inclusion of such data about-- (i) the registered person, including fingerprints and photographs; and (ii) that person's offenses and modus operandi; as the Attorney General deems useful for assisting law enforcement investigations by Federal, State, and other law enforcement authorities. (2) Definition.--For purposes of this subsection, the term ``sex offense'' means any State or Federal offense that-- (A) is an offense under section 2241 or 2242 of title 18, United States Code; or (B) would have been an offense under either of such sections if the offense had occurred in the special maritime and territorial jurisdiction of the United States. (b) Availability of Information.--The Attorney General shall maintain on-line availability of information obtained under this section for use by authorized law enforcement agencies in carrying out their functions. The Attorney General shall by rule provide for the privacy of the information so maintained. (c) Compliance.-- (1) Compliance date.--Each State shall have 3 years from the date of the enactment of this Act in which to implement this section. (2) Ineligibility for funds.--The allocation of funds under title I of the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the guidelines issued under this section 3 years after the date of enactment of this Act may be reduced by 10 percent and the unallocated funds shall be reallocated to the States in compliance with this section. SEC. 5. STUDY OF PERSISTENT SEXUAL PREDATORS. The National Institute of Justice, either directly or through grant, shall carry out a study of persistent sexual predators. Not later than one year after the date of the enactment of this Act, such Institute shall report to Congress and the President the results of such study. Such report shall include-- (1) a synthesis of current research in psychology, sociology, law, criminal justice, and other fields regarding persistent sexual offenders, including-- (A) common characteristics of such offenders; (B) recidivism rates for such offenders; (C) treatment techniques and their effectiveness; (D) responses of offenders to treatment and deterrence; and (E) the possibility of early intervention to prevent people from becoming sexual predators; and (2) an agenda for future research in this area.

Protection from Sexual Predators Act of 1994 - Expresses the sense of the Congress that States should: (1) more seriously consider the relatively high recidivism rate of sexual offenders when deciding whether to plea bargain with first-time sexual offenders and whether to grant parole to sexual offenders; and (2) review their treatment and parole supervision programs for sexual offenders to assure that such programs are fulfilling their goals. Amends the Federal criminal code to provide that whoever violates provisions regarding aggravated sexual abuse (or engages in conduct in or affecting interstate or foreign commerce that would be a violation of such provisions if the offense had occurred in the special maritime and territorial jurisdiction of the United States) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) shall be imprisoned for life. Directs the Attorney General to establish guidelines for State programs requiring: (1) any person who is convicted of a sex offense to register and keep up to date a current address with a designated State law enforcement agency (LEA) for ten years after being released from prison or placed on parole, supervised release, or probation; and (2) each State to provide information obtained about the registered person to the Attorney General on a prompt and regular basis and in a uniform format. Requires the Attorney General to: (1) maintain on-line availability of information obtained under this Act for use by authorized LEAs in carrying out their functions; and (2) provide for the privacy of such information. Directs each State to implement the registration provisions within three years. Makes States not in compliance after such time subject to a reduction of funds under title I (drug control and system improvement grants) of the Omnibus Crime Control and Safe Streets Act of 1968. Requires the National Institute of Justice to carry out a study of persistent sexual predators and to report to the Congress and the President.

Protection from Sexual Predators Act of 1994

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``National Capital Transportation Amendments Act of 2007''. (b) Findings.--Congress finds as follows: (1) Metro, the public transit system of the Washington metropolitan area, is essential for the continued and effective performance of the functions of the Federal Government, and for the orderly movement of people during major events and times of regional or national emergency. (2) On 3 occasions, Congress has authorized appropriations for the construction and capital improvement needs of the Metrorail system. (3) Additional funding is required to protect these previous Federal investments and ensure the continued functionality and viability of the original 103-mile Metrorail system. SEC. 2. FEDERAL CONTRIBUTION FOR CAPITAL PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT SYSTEM. The National Capital Transportation Act of 1969 (sec. 9-1111.01 et seq., D.C. Official Code) is amended by adding at the end the following new section: ``authorization of additional federal contribution for capital and preventive maintenance projects ``Sec. 18. (a) Authorization.--Subject to the succeeding provisions of this section, the Secretary of Transportation is authorized to make grants to the Transit Authority, in addition to the contributions authorized under sections 3, 14, and 17, for the purpose of financing in part the capital and preventive maintenance projects included in the Capital Improvement Program approved by the Board of Directors of the Transit Authority. ``(b) Use of Funds.--The Federal grants made pursuant to the authorization under this section shall be subject to the following limitations and conditions: ``(1) The work for which such Federal grants are authorized shall be subject to the provisions of the Compact (consistent with the amendments to the Compact described in subsection (d)). ``(2) Each such Federal grant shall be for 50 percent of the net project cost of the project involved, and shall be provided in cash from sources other than Federal funds or revenues from the operation of public mass transportation systems. Consistent with the terms of the amendment to the Compact described in subsection (d)(1), any funds so provided shall be solely from undistributed cash surpluses, replacement or depreciation funds or reserves available in cash, or new capital. ``(c) Applicability of Requirements for Mass Transportation Capital Projects Receiving Funds Under Federal Transportation Law.--Except as specifically provided in this section, the use of any amounts appropriated pursuant to the authorization under this section shall be subject to the requirements applicable to capital projects for which funds are provided under chapter 53 of title 49, United States Code, except to the extent that the Secretary of Transportation determines that the requirements are inconsistent with the purposes of this section. ``(d) Amendments to Compact.--No amounts may be provided to the Transit Authority pursuant to the authorization under this section until the Transit Authority notifies the Secretary of Transportation that each of the following amendments to the Compact (and any further amendments which may be required to implement such amendments) have taken effect: ``(1)(A) An amendment requiring that all payments by the local signatory governments for the Transit Authority for the purpose of matching any Federal funds appropriated in any given year authorized under subsection (a) for the cost of operating and maintaining the adopted regional system are made from amounts derived from dedicated funding sources. ``(B) For purposes of this paragraph, the term `dedicated funding source' means any source of funding which is earmarked or required under State or local law to be used to match Federal appropriations authorized under this Act for payments to the Transit Authority. ``(2) An amendment establishing the Office of the Inspector General of the Transit Authority in accordance with section 3 of the National Capital Transportation Amendments Act of 2007. ``(3) An amendment expanding the Board of Directors of the Transit Authority to include 4 additional Directors appointed by the Administrator of General Services, of whom 2 shall be nonvoting and 2 shall be voting, and requiring one of the voting members so appointed to be a regular passenger and customer of the bus or rail service of the Transit Authority. ``(e) Amount.--There are authorized to be appropriated to the Secretary of Transportation for grants under this section an aggregate amount not to exceed $1,500,000,000 to be available in increments over 10 fiscal years beginning in fiscal year 2009, or until expended. ``(f) Availability.--Amounts appropriated pursuant to the authorization under this section-- ``(1) shall remain available until expended; and ``(2) shall be in addition to, and not in lieu of, amounts available to the Transit Authority under chapter 53 of title 49, United States Code, or any other provision of law.''. SEC. 3. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY INSPECTOR GENERAL. (a) Establishment of Office.-- (1) In general.--The Washington Metropolitan Area Transit Authority (hereafter referred to as the ``Transit Authority'') shall establish in the Transit Authority the Office of the Inspector General (hereafter in this section referred to as the ``Office''), headed by the Inspector General of the Transit Authority (hereafter in this section referred to as the ``Inspector General''). (2) Definition.--In paragraph (1), the ``Washington Metropolitan Area Transit Authority'' means the Authority established under Article III of the Washington Metropolitan Area Transit Authority Compact (Public Law 89-774). (b) Inspector General.-- (1) Appointment.--The Inspector General shall be appointed by the vote of a majority of the Board of Directors of the Transit Authority, and shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, as well as familiarity or experience with the operation of transit systems. (2) Term of service.--The Inspector General shall serve for a term of 5 years, and an individual serving as Inspector General may be reappointed for not more than 2 additional terms. (3) Removal.--The Inspector General may be removed from office prior to the expiration of his term only by the unanimous vote of all of the members of the Board of Directors of the Transit Authority, and the Board shall communicate the reasons for any such removal to the Governor of Maryland, the Governor of Virginia, the Mayor of the District of Columbia, the chair of the Committee on Government Reform of the House of Representatives, and the chair of the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Duties.-- (1) Applicability of duties of inspector general of executive branch establishment.--The Inspector General shall carry out the same duties and responsibilities with respect to the Transit Authority as an Inspector General of an establishment carries out with respect to an establishment under section 4 of the Inspector General Act of 1978 (5 U.S.C. App. 4), under the same terms and conditions which apply under such section. (2) Conducting annual audit of financial statements.--The Inspector General shall be responsible for conducting the annual audit of the financial accounts of the Transit Authority, either directly or by contract with an independent external auditor selected by the Inspector General. (3) Reports.-- (A) Semiannual reports to transit authority.--The Inspector General shall prepare and submit semiannual reports summarizing the activities of the Office in the same manner, and in accordance with the same deadlines, terms, and conditions, as an Inspector General of an establishment under section 5 of the Inspector General Act of 1978 (5 U.S.C. App. 5). For purposes of applying section 5 of such Act to the Inspector General, the Board of Directors of the Transit Authority shall be considered the head of the establishment, except that the Inspector General shall transmit to the General Manager of the Transit Authority a copy of any report submitted to the Board pursuant to this paragraph. (B) Annual reports to local signatory governments and congress.--Not later than January 15 of each year, the Inspector General shall prepare and submit a report summarizing the activities of the Office during the previous year, and shall submit such reports to the Governor of Maryland, the Governor of Virginia, the Mayor of the District of Columbia, the chair of the Committee on Government Reform of the House of Representatives, and the chair of the Committee on Homeland Security and Governmental Affairs of the Senate. (4) Investigations of complaints of employees and members.-- (A) Authority.--The Inspector General may receive and investigate complaints or information from an employee or member of the Transit Authority concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. (B) Nondisclosure.--The Inspector General shall not, after receipt of a complaint or information from an employee or member, disclose the identity of the employee or member without the consent of the employee or member, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. (C) Prohibiting retaliation.--An employee or member of the Transit Authority who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or threaten to take any action against any employee or member as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity. (5) Independence in carrying out duties.--Neither the Board of Directors of the Transit Authority, the General Manager of the Transit Authority, nor any other member or employee of the Transit Authority may prevent or prohibit the Inspector General from carrying out any of the duties or responsibilities assigned to the Inspector General under this section. (d) Powers.-- (1) In general.--The Inspector General may exercise the same authorities with respect to the Transit Authority as an Inspector General of an establishment may exercise with respect to an establishment under section 6(a) of the Inspector General Act of 1978 (5 U.S.C. App. 6(a)), other than paragraphs (7), (8), and (9) of such section. (2) Staff.-- (A) Assistant inspector generals and other staff.-- The Inspector General shall appoint and fix the pay of-- (i) an Assistant Inspector General for Audits, who shall be responsible for coordinating the activities of the Inspector General relating to audits; (ii) an Assistant Inspector General for Investigations, who shall be responsible for coordinating the activities of the Inspector General relating to investigations; and (iii) such other personnel as the Inspector General considers appropriate. (B) Independence in appointing staff.--No individual may carry out any of the duties or responsibilities of the Office unless the individual is appointed by the Inspector General, or provides services procured by the Inspector General, pursuant to this paragraph. Nothing in this subparagraph may be construed to prohibit the Inspector General from entering into a contract or other arrangement for the provision of services under this section. (C) Applicability of transit system personnel rules.--None of the regulations governing the appointment and pay of employees of the Transit System shall apply with respect to the appointment and compensation of the personnel of the Office, except to the extent agreed to by the Inspector General. Nothing in the previous sentence may be construed to affect subparagraphs (A) through (B). (3) Equipment and supplies.--The General Manager of the Transit Authority shall provide the Office with appropriate and adequate office space, together with such equipment, supplies, and communications facilities and services as may be necessary for the operation of the Office, and shall provide necessary maintenance services for such office space and the equipment and facilities located therein. (e) Transfer of Functions.--To the extent that any office or entity in the Transit Authority prior to the appointment of the first Inspector General under this section carried out any of the duties and responsibilities assigned to the Inspector General under this section, the functions of such office or entity shall be transferred to the Office upon the appointment of the first Inspector General under this section. SEC. 4. STUDY AND REPORT BY COMPTROLLER GENERAL. (a) Study.--The Comptroller General shall conduct a study on the use of the funds provided under section 18 of the National Capital Transportation Act of 1969 (as added by this Act). (b) Report.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the study conducted under subsection (a).

National Capital Transportation Amendments Act of 2007 - Amends the National Capital Transportation Act of 1969 to authorize the Secretary of Transportation to provide additional funding through grants to the Washington Metropolitan Area Transit Authority (WMATA) to finance in part the capital and preventive maintenance projects included in the Capital Improvement Program. Subjects such grants to specified limitations and conditions. Prohibits funding to the WMATA until it notifies the Secretary that certain amendments to the Washington Metropolitan Area Transit Authority Compact have taken effect, including: (1) requiring that all local payments for the cost of operating and maintaining the adopted regional rail system are made from dedicated funding sources (i.e., funding which is earmarked or required under state or local law to be used to match federal appropriations authorized under this Act for payments to the WMATA); (2) establishing the Office of the Inspector General of WMATA; and (3) expanding the WMATA Board of Directors to include four additional Directors appointed by the Administrator of General Services. Authorizes appropriations in increments over ten fiscal years beginning in FY2009. Establishes within WMATA the Office of Inspector General. Requires the Inspector General to make specified reports on Office activities: (1) semiannually, to the WMATA Board of Directors and General Manager who shall transmit reports to the appropriate committees or subcommittees of Congress; and (2) annually, to the Governors of Maryland and Virginia, the Mayor of the District of Columbia, and Congress. Requires the Comptroller General to study and report to Congress on the use of funds provided under this Act.

A bill to amend the National Capital Transportation Act of 1969 to authorize additional Federal contributions for maintaining and improving the transit system of the Washington Metropolitan Area Transit Authority, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Disability and Victims of Landmines, Civil Strife and Warfare Assistance Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) According to the World Health Organization (WHO), between 7 percent and 10 percent of the world's population, or almost 500,000,000 people, live with disabilities. About 80 percent of these individuals live in developing countries, where only 1 percent to 2 percent have access to the necessary rehabilitation services, and many face numerous physical and social barriers that inhibit their full participation in their communities. (2) Factors contributing to the number of individuals with disabilities include war and other forms of violence, inadequate medical care, and natural and other disasters. (3)(A) According to the International Committee of the Red Cross, there are tens of millions of landmines in over 60 countries around the world, and it has estimated that as many as 24,000 people are maimed or killed each year by landmines, mostly civilians, resulting in amputations and disabilities of various kinds. (B) While the United States Government invests more than $100,000,000 in mine action programs annually, including funding for mine awareness and demining training programs, only about ten percent of these funds go to directly aid landmine victims. (C) The Patrick Leahy War Victims Fund, administered by the United States Agency for International Development, has provided essential prosthetics and rehabilitation for landmine and other war victims in developing countries who are disabled and has provided long-term sustainable improvements in quality of life for victims of civil strife and warfare, addressing such issues as barrier-free accessibility, reduction of social stigmatization, and increasing economic opportunities. (D) Enhanced coordination is needed among Federal agencies that carry out assistance programs in foreign countries for victims of landmines and other victims of civil strife and warfare to make better use of interagency expertise and resources. (4) According to a review of Poverty and Disability commissioned by the World Bank, ``disabled people have lower education and income levels than the rest of the population. They are more likely to have incomes below poverty level than the non-disabled population, and they are less likely to have savings and other assets . . . [t]he links between poverty and disability go two ways--not only does disability add to the risk of poverty, but conditions of poverty add to the risk of disability.''. (5) Numerous international human rights conventions and declarations recognize the need to protect the rights of individuals regardless of their status, including those individuals with disabilities, through the principles of equality and non-discrimination. (b) Purpose.--The purpose of this Act is to authorize assistance for individuals with disabilities, including victims of landmines and other victims of civil strife and warfare. SEC. 3. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE. The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 134 the following: ``SEC. 135. INTERNATIONAL DISABILITIES AND WAR VICTIMS ASSISTANCE. ``(a) Authorization.--The President, acting through the Administrator of the United States Agency for International Development, is authorized to furnish assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. ``(b) Activities.--The programs established pursuant to subsection (a) may include activities such as the following: ``(1) Development of local capacity to provide medical and rehabilitation services for individuals with disabilities, including victims of civil strife and warfare, in foreign countries, such as-- ``(A) support for and training of medical professionals, including surgeons, nurses, and physical therapists, to provide effective emergency and other medical care and for the development of training manuals relating to first aid and other medical treatment; ``(B) support for sustainable prosthetic and orthotic services; and ``(C) psychological and social rehabilitation of such individuals, together with their families as appropriate, for the reintegration of such individuals into local communities. ``(2) Support for policy reform and advocacy efforts related to the needs and abilities of individuals with disabilities, including victims of civil strife and warfare. ``(3) Coordination of programs established pursuant to subsection (a) with existing programs for individuals with disabilities, including victims of civil strife and warfare. ``(4) Support for establishment of appropriate entities in foreign countries to coordinate programs, projects, and activities related to assistance for individuals with disabilities, including victims of civil strife and warfare. ``(5) Support for primary, secondary, and vocational education, public awareness and training programs and other activities that help prevent war-related injuries and assist individuals with disabilities, including victims of civil strife and warfare, with their reintegration into society and their ability to make sustained social and economic contributions to society. ``(c) Priority.--To the maximum extent feasible, assistance under this section shall be provided through nongovernmental organizations, and, as appropriate, through governments to establish appropriate norms, standards, and policies related to rehabilitation and issues affecting individuals with disabilities, including victims of civil strife and warfare. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $15,000,000 for each of the fiscal years 2002 and 2003. Amounts appropriated pursuant to the authorization of appropriations under the preceding sentence are authorized to be provided notwithstanding any other provision of law.''. SEC. 4. RESEARCH, PREVENTION, AND ASSISTANCE RELATED TO INTERNATIONAL DISABILITIES AND LANDMINE AND OTHER WAR VICTIMS. (a) Authorization.-- (1) In general.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, is authorized-- (A) to conduct programs in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare; and (B) to provide grants to nongovernmental organizations for the purpose of carrying out research, prevention, public awareness and assistance programs in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare. (2) Approval of secretary of state.--Activities under programs established pursuant to paragraph (1) may be carried out in foreign countries only after consultation with the Administrator of the United States Agency for International Development, and upon approval for such activities in such countries by the Secretary of State. (b) Activities.--Programs established pursuant to subsection (a) may include the following activities: (1) Research on trauma, physical, psychological, and social rehabilitation, and continuing medical care related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare, including-- (A) conducting research on psychological and social factors that lead to successful recovery; (B) developing, testing, and evaluating model interventions that reduce post-traumatic stress and promote health and well-being; (C) developing basic instruction tools for initial medical response to traumatic injuries; and (D) developing basic instruction manuals for patients and healthcare providers, including for emergency and follow-up care, proper amputation procedures, and reconstructive surgery. (2) Facilitation of peer support networks for individuals with disabilities, including victims of landmines and other victims of civil strife and warfare, in foreign countries, including-- (A) establishment of organizations at the local level, administered by such individuals, to assess and address the physical, psychological, economic and social rehabilitation and other needs of such individuals, together with their families as appropriate, for the purpose of economic and social reintegration into local communities; and (B) training related to the implementation of such peer support networks, including training of outreach workers to assist in the establishment of organizations such as those described in subparagraph (A) and assistance to facilitate the use of the networks by such individuals. (3) Sharing of expertise from limb-loss and disability research centers in the United States with similar centers and facilities in war-affected countries, including promoting increased health for individuals with limb loss and limb deficiency and epidemiological research on secondary medical conditions related to limb loss and limb deficiency. (4) Developing a database of best practices to address the needs of the war-related disabled through comprehensive examination of support activities related to such disability and access to medical care and supplies. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Health and Human Services to carry out this section such sums as may be necessary for each of fiscal years 2002 through 2004. SEC. 5. EXPERTISE OF THE DEPARTMENT OF VETERANS AFFAIRS. The Secretary of Veterans Affairs is authorized-- (1) to provide advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal departments and agencies, including providing for temporary assignment on a non-reimbursable basis of appropriate Department of Veterans Affairs personnel, with respect to the implementation of programs to provide assistance to victims of landmines and other victims of civil strife and warfare in foreign countries and landmine research and health-related programs, including programs established pursuant to section 135 of the Foreign Assistance Act of 1961 (as added by section 3 of this Act) and programs established pursuant to section 4 of this Act; and (2) to provide technical assistance to private voluntary organizations on a reimbursable basis with respect to the planning, development, operation, and evaluation of such landmine assistance, research, and prevention programs. SEC. 6. INTERAGENCY GROUP. (a) Establishment.--The Secretary of State shall establish and chair an interagency group to ensure coordination of all Federal programs that furnish assistance to victims of landmines and other victims of civil strife and warfare, and conduct landmine research, demining and prevention programs. (b) Other Members.--Members of the interagency group shall include, but not be limited to, representatives from-- (1) the United States Agency for International Development; (2) the Department of Health and Human Services; (3) the Department of Education; (4) the Department of Defense; and (5) the Department of Veterans Affairs. (c) Public Meetings.--At least once each calendar year, the interagency group should hold a public meeting in order to afford an opportunity for any person to present views regarding the activities of the United States Government with respect to assistance to victims of landmines and other victims of civil strife and warfare and related programs. The Secretary of State shall maintain a record of each meeting and shall make the record available to the public.

International Disability and Victims of Landmines, Civil Strife and Warfare Assistance Act of 2001 - Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance to individuals with disabilities, including victims of civil strife and warfare, in foreign countries. Authorizes appropriations.(Sec. 4) Authorizes the Secretary of Health and Human Services, upon approval by the Secretary of State, to conduct programs (including the provision of grants to nongovernmental organizations for the purpose of carrying out research, prevention, public awareness, and assistance programs) in foreign countries related to individuals with disabilities, including victims of landmines and other victims of civil strife and warfare. Authorizes appropriations.(Sec. 5) Authorizes the Secretary of Veterans Affairs to provide: (1) advice and expertise on prosthetics, orthotics, physical and psychological rehabilitation and treatment, and disability assistance to other Federal agencies with respect to the implementation of programs to provide assistance to victims of landmines and other victims of civil strife and warfare in foreign countries and landmine research and health-related programs; and (2) technical assistance to private voluntary organizations with respect to the planning, development, operation, and evaluation of such landmine assistance, research, and prevention programs.(Sec. 6) Directs the Secretary of State to establish and chair an interagency group to coordinate all Federal programs that furnish assistance to victims of landmines and other victims of civil strife and warfare, and conduct landmine research, demining and prevention programs. Requires the interagency group to hold an annual public meeting to afford persons the opportunity to present views regarding to U.S. Government activities with respect to assistance to victims of landmines and other victims of civil strife and warfare and related programs.

To authorize assistance for individuals with disabilities in foreign countries, including victims of landmines and other victims of civil strife and warfare, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Labeling Education and Nutrition Act of 2008'' or the ``LEAN Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Nutrition labeling exemption. Sec. 5. Voluntary nutrition labeling. Sec. 6. Mandatory nutrition labeling. Sec. 7. National uniformity. Sec. 8. Implementing regulations. Sec. 9. Effective dates. Sec. 10. Technical and conforming amendments. SEC. 2. FINDINGS. Congress finds that-- (1) a healthy lifestyle includes a balanced diet as well as physical activity; (2) approximately more than 60 percent of American adults and 30 percent of American children suffer from being overweight and obese, which can lead to many chronic health risks, including diabetes, heart disease, and hypertension; (3) the United States ranks last in reducing the number of preventable deaths resulting from obesity-related chronic illnesses; (4) during the 2-decade period preceding the date of enactment of this Act, there has been a significant increase in the number of meals prepared or eaten outside the home; (5) nutrition labeling pursuant to the Nutrition Labeling and Education Act of 1990 has increased significantly American consumers' access to nutrition information regarding the foods they consume; (6) the Department of Agriculture and leading health groups recognize that many individuals require different information based on individual and specific health needs and risks; (7) the nutrients provided pursuant to the Nutrition Labeling and Education Act of 1990 provides consumers with all the tools needed to make healthy choices; (8) as of 2008, nutrition information for standard food items is voluntarily provided by various delivery methods at many major chains of food service establishments; (9) the nutrient content of a food offered for sale in a food service establishment can be determined with appropriate accuracy by consulting nutrient databases, cookbooks, laboratory analyses, or other sources that provide a reasonable basis for information regarding the nutrient content of a food, notwithstanding variability in the portion size, formulation, and other characteristics of such food or its preparation method; and (10) public health and welfare are advanced if food service establishment nutrition information is not subject to frivolous litigation. SEC. 3. DEFINITIONS. Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) is amended by adding at the end the following: ``(6) Definitions.--For purposes of subparagraphs (7) and (8): ``(A) The term `standard food item' means a food offered for sale at least 90 days per calendar year, but does not include food not separately offered for sale or food exempt under subparagraph (5)(C). ``(B) The term `menu' or `menu board' means the primary writing on the premises of the food service establishment from which consumers make their order selection. ``(C) The term `reasonable basis' means any means of determining nutrition information for a standard food item made without an intent to deceive, including nutrient databases, cookbooks, laboratory analyses, and other reasonable means. ``(D) The term `food service establishment' means an establishment that offers for sale food described in subclause (i) or (ii) of subparagraph (5)(A).''. SEC. 4. NUTRITION LABELING EXEMPTION. Section 403(q)(5)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(A)) is amended-- (1) by adding at the end of subclause (i) the following: ``except that such food shall not be considered exempt under this subclause for purposes of providing nutrition information under subparagraph (7) or (8).''; and (2) by adding at the end of subclause (ii) the following: ``except that such food shall not be considered exempt under this subclause for purposes of providing nutrition information under subparagraph (7) or (8).''. SEC. 5. VOLUNTARY NUTRITION LABELING. Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)), as amended by section 3, is further amended by adding at the end the following: ``(7) Voluntary nutrition labeling of food service establishment food.--A food service establishment may provide nutrition information for a food item under this subparagraph by meeting the following requirements: ``(A) Providing nutrition information for all of the nutrients required by subparagraphs (1)(C) and (1)(D), determined with a reasonable basis. ``(B) Disclosing such information in written form on the premises of the food service establishment. ``(C) Making such disclosure available upon request prior to purchase.''. SEC. 6. MANDATORY NUTRITION LABELING. Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)), as amended by section 5, is further amended by adding at the end the following: ``(8) In general.--The labeling of a standard food item served or offered for sale in a food service establishment that is part of a chain that operates 20 or more establishments under the same trade name (regardless of the type of ownership of the establishments) shall, except as provided in clause (E), disclose, in a clear and conspicuous manner in accordance with paragraph (f), the following information, determined with a reasonable basis, as follows: ``(A) Disclosure of calories.-- ``(i) Calories on the menu board.--The number of calories shall be disclosed prior to the point of purchase by 1 of the following means: ``(I) On the menu board. ``(II) On a sign presenting standard food items in a manner similar to the menu board and located on the same wall as the menu board. ``(III) On a sign at eye level in the consumer queue prior to the point of purchase. ``(ii) Calories on the menu.--The number of calories shall be disclosed prior to the point of purchase by 1 of the following means: ``(I) In the menu. ``(II) In an insert that accompanies the menu. ``(III) In an appendix that is attached to the back of the menu. ``(IV) In a supplemental menu that accompanies the menu. ``(B) Additional nutrition information.--The nutrition information for all nutrients required by subparagraphs (1)(C) and (1)(D) shall be located on the premises of the food service establishment, in writing, and available to the consumer upon request prior to the point of purchase. ``(C) Referral statement.--A menu, menu board, or other writing prior to the point of purchase shall bear a statement directing the consumer to the availability of additional nutrition information required under clause (B). ``(D) Calorie information statement.--If calories are not listed directly on a menu or menu board pursuant to subclause (i)(I), (i)(II), or (ii)(I) of clause (A), then the menu or menu board shall state the suggested daily caloric intake as 2000 calories or an alternative statement prescribed by the Secretary through guidance. ``(E) Applicability.--This subparagraph shall not apply to-- ``(i) food offered for sale in a nonprofit food service establishment; ``(ii) food that is not food described in subclause (i) or (ii) of subparagraph (5)(A); and ``(iii) such other food as the Secretary may exempt by regulation. ``(F) Violations.--A person shall have knowingly or willfully violated the requirements of this paragraph if the person-- ``(i) purposefully failed to make a disclosure required by this paragraph; or ``(ii) made a disclosure under this paragraph with an intent to deceive. ``(G) One determination per item.--A reasonable basis determination of nutrition information shall be required only once per standard food item if the portion size is reasonably consistent and the food service establishment follows a standardized recipe and trains to a consistent method of preparation.''. SEC. 7. NATIONAL UNIFORMITY. Section 403A(a)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343-1(a)(4)) is amended to read as follows: ``(4) any requirement for nutrition labeling of food that is not identical to the requirement of section 403(q), except a requirement for nutrition labeling of food which is exempt under subclause (i) or (ii) of section 403(q)(5)(A), other than food served in an establishment that is not part of a chain that operates 20 or more establishments under the same trade name, or''. SEC. 8. IMPLEMENTING REGULATIONS. The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall carry out the following: (1) Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate proposed regulations to mandate nutrition labeling of food service establishment food in accordance with section 403(q)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) (as added by section 6). (2) Not later than 2 years after the date of enactment of this Act, the Secretary shall promulgate final regulations to mandate nutrition labeling of food service establishment food in accordance with section 403(q)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) (as added by section 6). (3) If the Secretary determines that a nutrient other than a nutrient required by section 403(q)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) should be included in the labeling of food menu items subject to such section 403(q)(8) for purposes of providing information regarding the nutritional value of such food that will assist consumers in maintaining healthy dietary practices, the Secretary may by regulation require that information relating to such an additional nutrient be included in the labeling of such food items. (4) If the Secretary determines that the information relating to a nutrient required by section 403(q)(8) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) or paragraph (3) of this section to be included in the labeling of food menu items is not necessary to assist consumers in maintaining healthy dietary practices, the Secretary may by regulation strike the requirement to include such information relating to such nutrient. (5) The Secretary may prescribe by regulation alternative clear and conspicuous means of meeting the requirements of section 403(q)(8)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)(A)) (as added by section 6). SEC. 9. EFFECTIVE DATES. The amendments made by this Act shall take effect on the date of enactment of this Act, except that the amendment made by section 6 shall take effect 180 days after the Secretary of Health and Human Services promulgates final regulations under section 8(2). SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 403(q)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(1)) is amended by striking ``subparagraphs (3), (4), and (5)'' and inserting ``subparagraphs (3), (4), (5), (7), and (8).'' (b) Section 403(q)(5)(G) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(G)) is amended by striking ``Subparagraphs (1), (2), (3) and (4)'' and inserting ``Subparagraphs (1), (2), (3), (4), (7) and (8).''

Labeling Education and Nutrition Act of 2008 or the LEAN Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to authorize a food service establishment to provide nutrition information for a food item by: (1) providing calories and nutrient information required for food intended for human consumption; (2) disclosing such information in written form; and (3) making such disclosure available upon request prior to purchase. Requires the labeling of a standard food item served or offered for sale in a food service establishment that is part of a chain that operates 20 or more establishments under the same trade name to disclose, in a clear and conspicuous manner, prior to the point of purchase: (1) the number of calories on a menu board, on a sign meeting certain requirements, in the menu, or as part of or supplement to the menu; (2) specified nutrient information, in writing and upon request; (3) a statement directing the consumer to the availability of additional nutrient information; and (4) a statement providing suggested daily caloric intake, on a menu or menu board that does not list calories. Declares a person to have knowingly or willfully violated the requirements of this Act if the person: (1) purposefully fails to make a disclosure required by this Act; or (2) makes a disclosure with the intent to deceive. Provides that a reasonable basis determination of nutrition information shall be required only once per standard food item if certain requirements are met. Preempts state laws not identical to this Act.

A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to nutrition labeling of food offered for sale in food service establishments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) in 1971, Congress enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle the aboriginal claims of Alaska Natives to the land Alaska Natives had used for traditional purposes; (2) that Act awarded approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives and provided for the establishment of Native Corporations to receive and manage the funds and land; (3) pursuant to that Act, Alaska Natives have been enrolled in 1 of 13 Regional Corporations; (4) most Alaska Natives reside in communities that are eligible under that Act to form a Village or Urban Corporation within the geographical area of a Regional Corporation; (5) Village or Urban Corporations established under that Act received cash and surface rights to the settlement land described in paragraph (2) and the corresponding Regional Corporation received cash and land that includes the subsurface rights to the land of the Village or Urban Corporation; (6) the southeastern Alaska communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell are not listed under that Act as communities eligible to form Village or Urban Corporations, even though the population of those villages comprises greater than 20 percent of the shareholders of the Regional Corporation for Southeast Alaska and display historic, cultural, and traditional qualities of Alaska Natives; (7) the communities described in paragraph (6) have sought full eligibility for land and benefits under that Act for more than 3 decades; (8) in 1993, Congress directed the Secretary of the Interior to prepare a report examining the reasons why the communities listed in paragraph (6) had been denied eligibility to form Village or Urban Corporations and receive land and benefits pursuant to that Act; (9) the report described in paragraph (8), published in February 1994, indicates that-- (A) the communities listed in paragraph (6) do not differ significantly from the Southeast Alaska communities that were permitted to form Village or Urban Corporations under that Act; (B) the communities are similar to other communities that are eligible to form Village or Urban Corporations under that Act and receive land and benefits under that Act-- (i) in actual number and percentage of Native Alaskan population; and (ii) with respect to the historic use and occupation of land; (C) each such community was involved in advocating the settlement of the aboriginal claims of the community; and (D) some of the communities appeared on early versions of lists of Native Villages prepared before the date of the enactment of that Act, but were not included as Native Villages under that Act; (10) the omissions described in paragraph (9) are not clearly explained in any provision of that Act or the legislative history of that Act; and (11) on the basis of the findings described in paragraphs (1) through (10), Alaska Natives who were enrolled in the 5 unlisted communities and the heirs of the Alaska Natives have been inadvertently and wrongly denied the cultural and financial benefits of enrollment in Village or Urban Corporations established pursuant to that Act. (b) Purpose.--The purpose of this Act is to redress the omission of the communities described in subsection (a)(6) from eligibility by authorizing the Native people enrolled in the communities-- (1) to form Urban Corporations for the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (2) to receive certain settlement land pursuant to that Act. SEC. 3. ESTABLISHMENT OF ADDITIONAL NATIVE CORPORATIONS. Section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) is amended by adding at the end the following: ``(e) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska.-- ``(1) In general.--The Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, may organize as Urban Corporations. ``(2) Effect on entitlement to land.--Nothing in this subsection affects any entitlement to land of any Native Corporation established before the date of enactment of this subsection pursuant to this Act or any other provision of law.''. SEC. 4. SHAREHOLDER ELIGIBILITY. Section 8 of the Alaska Native Claims Settlement Act (43 U.S.C. 1607) is amended by adding at the end the following: ``(d) Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell.-- ``(1) In general.--The Secretary shall enroll to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell those individual Natives who enrolled under this Act to the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell, respectively. ``(2) Number of shares.--Each Native who is enrolled to an Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell pursuant to paragraph (1) and who was enrolled as a shareholder of the Regional Corporation for Southeast Alaska on or before March 30, 1973, shall receive 100 shares of Settlement Common Stock in the respective Urban Corporation. ``(3) Natives receiving shares through inheritance.--If a Native received shares of stock in the Regional Corporation for Southeast Alaska through inheritance from a decedent Native who originally enrolled to the Native Village of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell and the decedent Native was not a shareholder in a Village or Urban Corporation, the Native shall receive the identical number of shares of Settlement Common Stock in the Urban Corporation for Haines, Ketchikan, Petersburg, Tenakee, or Wrangell as the number of shares inherited by that Native from the decedent Native who would have been eligible to be enrolled to the respective Urban Corporation. ``(4) Effect on entitlement to land.--Nothing in this subsection affects entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8).''. SEC. 5. DISTRIBUTION RIGHTS. Section 7 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606) is amended-- (1) in subsection (j)-- (A) by striking ``(j) During'' and inserting the following: ``(j) Distribution of Corporate Funds and Other Net Income.-- ``(1) In general.--During''; (B) by striking ``Not less'' and inserting the following: ``(2) Minimum allocation.--Not less''; (C) by striking ``In the case'' and inserting the following: ``(3) Thirteenth regional corporation.--In the case''; and (D) by adding at the end the following: ``(4) Native villages of haines, ketchikan, petersburg, tenakee, and wrangell.--Native members of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell who become shareholders in an Urban Corporation for such a Native Village shall continue to be eligible to receive distributions under this subsection as at-large shareholders of the Regional Corporation for Southeast Alaska.''; and (2) by adding at the end the following: ``(s) Effect of Amendatory Act.--The Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act and the amendments made by that Act shall not affect-- ``(1) the ratio for determination of revenue distribution among Native Corporations under this section; or ``(2) the settlement agreement among Regional Corporation or Village Corporations or other provisions of subsection (i) or (j).''. SEC. 6. COMPENSATION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. URBAN CORPORATIONS FOR HAINES, KETCHIKAN, PETERSBURG, TENAKEE, AND WRANGELL. ``(a) Offer of Compensation.-- ``(1) In general.--On incorporation of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, the Secretary, in consultation and coordination with the Secretary of Commerce, and in consultation with representatives of each such Urban Corporation and the Regional Corporation for Southeast Alaska, shall offer as compensation, pursuant to this Act, 1 township of land (23,040 acres) to each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, in accordance with this subsection. ``(2) Local areas of historical, cultural, traditional, and economic importance.-- ``(A) In general.--The Secretary shall offer as compensation under this subsection local areas of historical, cultural, traditional, and economic importance to Alaska Natives from the Villages of Haines, Ketchikan, Petersburg, Tenakee, or Wrangell. ``(B) Selection of land.--In selecting the land to be withdrawn and conveyed pursuant to this section, the Secretary-- ``(i) shall give preference to land with commercial purposes; and ``(ii) may include subsistence and cultural sites, aquaculture sites, hydroelectric sites, tideland, surplus Federal property and eco- tourism sites. ``(C) Contiguous, compact sites.--The land selected pursuant to this section shall be contiguous and reasonably compact tracts if practicable. ``(D) Valid existing rights.--The land selected pursuant to this section shall be subject to all valid existing rights and all other provisions of section 14(g), including any lease, contract, permit, right-of- way, or easement (including a lease issued under section 6(g) of the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508)). ``(b) Acceptance or Rejection of Offer.-- ``(1) In general.--Not later than 1 year after the date of the offer of compensation from the Secretary under subsection (a), each of the Urban Corporations for Haines, Ketchikan, Petersburg, Tenakee, and Wrangell shall accept or reject the offer. ``(2) Resolution.--To accept or reject the offer, each such Urban Corporation shall provide to the Secretary a properly executed and certified corporate resolution that states that the offer proposed by the Secretary was voted on, and either approved or rejected, by a majority of the shareholders of the Urban Corporation. ``(3) Rejection of offer.--If the offer is rejected-- ``(A) the Secretary, in consultation with representatives of the Urban Corporation that rejected the offer and the Regional Corporation for Southeast Alaska, shall revise the offer; and ``(B) the Urban Corporation shall have an additional 180 days within which to accept or reject the revised offer. ``(c) Withdrawal and Conveyance of Land and Title.--Not later than 180 days after receipt of a corporate resolution of an Urban Corporation approving an offer of the Secretary under subsection (b)(1), the Secretary shall (as appropriate)-- ``(1) withdraw the land; ``(2) convey to the Urban Corporation title to the surface estate of the land; and ``(3) convey to the Regional Corporation for Southeast Alaska title the subsurface estate for the land. ``(d) Conveyance of Roads, Trails, Log Transfer Facilities, Leases, and Appurtenances.--The Secretary shall, without consideration of compensation, convey to the Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, by quitclaim deed or patent, all right, title, and interest of the United States in all roads, trails, log transfer facilities, leases, and appurtenances on or related to the land conveyed to the Corporations pursuant to subsection (c). ``(e) Settlement Trust.-- ``(1) In general.--The Urban Corporations of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell may establish a settlement trust in accordance with section 39 for the purposes of promoting the health, education, and welfare of the trust beneficiaries, and preserving the Native heritage and culture, of the communities of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, respectively. ``(2) Proceeds and income.--The proceeds and income from the principal of a trust established under paragraph (1) shall-- ``(A) first be applied to the support of those enrollees, and the descendants of the enrollees, who are elders or minor children; and ``(B) then to the support of all other enrollees.''.

Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act Amends the Alaska Native Claims Settlement Act to permit the Native residents of each of the Native Villages of Haines, Ketchikan, Petersburg, Tenakee, and Wrangell, Alaska, to organize as Urban Corporations and to receive certain settlement land pursuant to this Act. Authorizes those Urban Corporations to establish a settlement trust to promote the health, education, and welfare of the trust beneficiaries, and preserve the Native heritage and culture of their communities.

Unrecognized Southeast Alaska Native Communities Recognition and Compensation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2012''. SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. ``(a) In General.--To provide timely and effective warnings regarding natural disasters, wars, acts of terrorism, other man-made disasters, and other hazards to public safety under this title, the Administrator shall-- ``(1) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to ensure that under all conditions the President and, except to the extent the public alert and warning system is in use by the President, Federal agencies and State, tribal, and local governments can alert and warn the civilian population in areas endangered by a natural disaster, war, act of terrorism, other man-made disaster, or other hazard to public safety; and ``(2) implement the public alert and warning system. ``(b) Implementation Requirements.--In carrying out subsection (a), the Administrator shall-- ``(1) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(2) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate; ``(3) include in the public alert and warning system the capability to alert, warn, and provide equivalent information to individuals with disabilities and individuals with limited English proficiency, to the extent technically feasible; ``(4) ensure training, tests, and exercises for the public alert and warning system are conducted, including-- ``(A) through exercises conducted under the National Exercise Program described in section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748), to the extent determined appropriate by the Administrator; ``(B) the conduct of periodic nationwide tests; and ``(C) by establishing and integrating into the National Incident Management System a comprehensive and periodic training program to instruct and educate Federal, State, tribal, and local government officials in the use of the Common Alerting Protocol enabled- Emergency Alert System; ``(5) conduct public education efforts so that State, tribal, and local governments, private entities, and the people of the United States understand the functions of the public alert and warning system and how to access, use, and respond to information from the public alert and warning system through a general market awareness campaign; ``(6) in coordination with the Secretary, ensure that the public alert and warning system coordinates with the National Terrorism Advisory System, including ensuring that the National Terrorism Advisory System participates in tests of the public alert and warning system; ``(7) consult, coordinate, and cooperate with the appropriate private sector entities and Federal, State, tribal, and local governmental authorities, including the Regional Administrators and emergency response providers; and ``(8) coordinate with, and consider the recommendations of, the subcommittee established under section 2(b) of the Integrated Public Alert and Warning System Modernization Act of 2012. ``(c) System Requirements.--The public alert and warning system shall-- ``(1) incorporate multiple communication systems and technologies, to the extent determined appropriate by the Administrator; ``(2) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(3) be designed to-- ``(A) provide alerts that are accessible to the largest portion of the affected population feasible, including individuals with disabilities, individuals with limited English proficiency, and nonresident visitors and tourists, to the extent technically feasible; and ``(B) improve the ability of remote areas to receive alerts; and ``(4) provide redundant alert mechanisms where practicable so as to reach the greatest number of people. ``(d) Pilot Programs.--The Administrator may conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving the system requirements specified in subsection (c). ``(e) Use of System.-- ``(1) Limitation.--Except to the extent necessary for testing the public alert and warning system, the Administrator may not transmit a message from the President using the public alert and warning system that does not relate to a natural disaster, war, act of terrorism, other man-made disaster, or other hazard to public safety. ``(2) Consumer opt-out.--Nothing in this section shall be construed to supersede section 602 of the SAFE Port Act (47 U.S.C. 1201). ``(f) Performance Reports.-- ``(1) In general.--Not later than 1 year after the date of enactment of the Integrated Public Alert and Warning System Modernization Act of 2012, and annually thereafter through 2017, the Administrator shall make available on the public website of the Agency a performance report, which shall-- ``(A) establish performance goals for the implementation of the public alert and warning system by the Agency; ``(B) describe the performance of the public alert and warning system, including-- ``(i) the type of technology used for alerts and warnings issued under the system; ``(ii) the measures taken to alert, warn, and provide equivalent information to individuals with disabilities and individuals with limited English proficiency; and ``(iii) the training, tests, and exercises performed and the outcomes obtained by the Agency; ``(C) identify significant challenges to the effective operation of the public alert and warning system and any plans to address these challenges; ``(D) identify other necessary improvements to the system; and ``(E) provide an analysis comparing the performance of the public alert and warning system with the performance goals established under subparagraph (A). ``(2) Congress.--The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives each report required under paragraph (1).''. (b) Integrated Public Alert and Warning System Modernization Subcommittee.-- (1) Establishment.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency (in this subsection referred to as the ``Administrator'') shall establish a subcommittee to the National Advisory Council established under section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) to be known as the Integrated Public Alert and Warning System Subcommittee (in this subsection referred to as the ``Subcommittee''). (2) Membership.--Notwithstanding section 508(c) of the Homeland Security Act of 2002 (6 U.S.C. 318(c)), the Subcommittee shall be composed of the following members: (A) The Chairman of the Federal Communications Commission (or the Chairman's designee). (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce (or the Administrator's designee). (C) The Assistant Secretary for Communications and Information of the Department of Commerce (or the Assistant Secretary's designee). (D) The Under Secretary for Science and Technology of the Department of Homeland Security (or the Under Secretary's designee). (E) The Under Secretary for the National Protection and Programs Directorate (or the Under Secretary's designee). (F) The Director of the Office of Disability Integration and Coordination of the Federal Emergency Management Agency. (G) Qualified individuals appointed by the Administrator as soon as practicable after the date of enactment of this Act from among the following: (i) Representatives of State and local governments, representatives of federally recognized Indian tribes and national tribal organizations, representatives of emergency management agencies, representatives of emergency response providers, and representatives of emergency communication providers. (ii) Individuals who have the requisite technical knowledge and expertise to serve on the Subcommittee, including representatives of-- (I) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (II) the broadcasting industry; (III) the cellular industry; (IV) the cable industry; (V) the satellite industry; (VI) consumer or privacy advocates; (VII) national organizations representing individuals with disabilities, the blindness, deaf, and hearing loss communities, and the elderly; and (VIII) organizations representing individuals with limited English proficiency. (iii) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson.--The Administrator (or the Administrator's designee) shall serve as the Chairperson of the Subcommittee. (4) Meetings.-- (A) Initial meeting.--The initial meeting of the Subcommittee shall take place not later than 180 days after the date of enactment of this Act. (B) Other meetings.--After the initial meeting, the Subcommittee shall meet, at least annually, at the call of the Chairperson. (5) Recommendations.--The Subcommittee may develop and submit under paragraph (6) recommendations for the continuation and improvement of the public alert and warning system, including-- (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) an assessment of the accomplishments and deficiencies of the public alert and warning system, as well as the impact on current alert and warning systems; and (C) recommendations for improvements to the public alert and warning system, including recommendations to provide for a public alert and warning system that-- (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies, to the extent determined appropriate by the Subcommittee; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) encourages proper use by State and local governments of the public alert and warning system through training programs and other means; (vi) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vii) promotes local and regional public and private partnerships to enhance community preparedness and response; and (viii) provides redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or use, any specific medium of communication or any particular device. (6) Reports.--The Subcommittee shall submit to the National Advisory Council established under section 508 of the Homeland Security Act of 2002 (6 U.S.C. 318) and the Administrator a report regarding any recommendations agreed to by the Subcommittee. (c) Authorization of Appropriations.--There are to be authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by the Act for each of fiscal years 2013 through 2017. (d) Limitation on Statutory Construction.--Nothing in this section (including the amendments made by this section) shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission.

Integrated Public Alert and Warning System Modernization Act of 2012 - Amends the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency (FEMA) to modernize and implement the integrated U.S. public alert and warning system to ensure that under all conditions the President, federal agencies, and state, tribal, and local governments can alert and warn the civilian population in areas endangered by a natural disaster, war, act of terrorism, other man-made disaster, or other hazard to public safety. Directs the Administrator to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures for the system; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, and multiple communication systems and technologies and to alert, warn, and provide equivalent information to individuals with disabilities or limited English proficiency; (3) ensure that specified training, tests, and exercises for such system are conducted; (4) conduct public education efforts and a general market awareness campaign about the system; and (5) ensure system coordination with the National Terrorism Advisory System. Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to adapt to and incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, and to improve the ability of remote areas to receive alerts; and (3) provide redundant alert mechanisms. Authorizes the Administrator to conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving system requirements. Directs the Administrator to establish a subcommittee to the National Advisory Council to be known as the Integrated Public Alert and Warning System Subcommittee to develop and submit recommendations for the continuation and improvement of the system.

A bill to amend the Homeland Security Act of 2002 to direct the Administrator of the Federal Emergency Management Agency to modernize the integrated public alert and warning system of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Leave Ethanol Volumes at Existing Levels Act'' or the ``LEVEL Act''. SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM. (a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended to read as follows: ``(1) Definitions.--In this section: ``(A) Cellulosic biomass ethanol.--The term `cellulosic biomass ethanol' means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including-- ``(i) dedicated energy crops and trees; ``(ii) wood and wood residues; ``(iii) plants; ``(iv) grasses; ``(v) agricultural residues; ``(vi) fibers; ``(vii) animal wastes and other waste materials; and ``(viii) municipal solid waste. The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol. ``(B) Waste derived ethanol.--The term `waste derived ethanol' means ethanol derived from-- ``(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or ``(ii) municipal solid waste. ``(C) Renewable fuel.-- ``(i) In general.--The term `renewable fuel' means motor vehicle fuel that-- ``(I)(aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or ``(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and ``(II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. ``(ii) Inclusion.--The term renewable fuel includes-- ``(I) cellulosic biomass ethanol and waste derived ethanol; and ``(II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). ``(D) Small refinery.--The term `small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.''. (b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows: (1) Regulations.--Clause (i) of subparagraph (A) is amended by striking the last sentence. (2) Applicable volumes of renewable fuel.--Subparagraph (B) is amended to read as follows: ``(B) Applicable volume.--For the purpose of subparagraph (A), the applicable volume for any of calendar years 2006 through 2012 shall be determined in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- ``Calendar year: Applicable volume of renewable fuel (in billions of gallons): ---------------------------------------------------------------------------------------------------------------- 2006 4.0 ---------------------------------------------------------------------------------------------------------------- 2007 4.7 ---------------------------------------------------------------------------------------------------------------- 2008 5.4 ---------------------------------------------------------------------------------------------------------------- 2009 6.1 ---------------------------------------------------------------------------------------------------------------- 2010 6.8 ---------------------------------------------------------------------------------------------------------------- 2011 7.4 ---------------------------------------------------------------------------------------------------------------- 2012 7.5''. ---------------------------------------------------------------------------------------------------------------- (c) Applicable Percentages.--Paragraph (3) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows: (1) In subparagraph (A), by striking ``2021'' and inserting ``2011''. (2) In subparagraph (A), by striking ``transportation fuel, biomass-based diesel, and cellulosic biofuel'' and inserting ``gasoline''. (3) In subparagraph (B), by striking ``2021'' and inserting ``2012'' in clause (i). (4) In subparagraph (B), by striking ``transportation fuel'' and inserting ``gasoline'' in clause (ii)(II). (d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as follows: ``(4) Cellulosic biomass ethanol or waste derived ethanol.--For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.''. (e) Credit Program.--Paragraph (5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E). (f) Waivers.-- (1) In general.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended-- (A) in subparagraph (A), by striking ``, by any person subject to the requirements of this subsection, or by the Administrator on his own motion''; and (B) by inserting ``State'' before ``petition for a waiver'' in subparagraph (B). (2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraph (D). (3) Biomass-based diesel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraphs (E) and (F). (g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (11). (h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (12). (i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking paragraph (2) of subsection (v). (j) Other Provisions.-- (1) Environmental and resource conservation impacts.-- Section 204(b) of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. (2) Effective date, savings provision, and transition rules.--Section 210 of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. SEC. 3. HIGHER ETHANOL BLENDS. (a) Prohibition of Authorization of Higher Ethanol Blends.-- Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not permit or authorize (including by granting a wavier through the fuels and fuel additives waiver process under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) the introduction into commerce of an ethanol-gasoline blend containing greater than 10 percent ethanol by volume that is intended for general use in conventional gasoline-powered onroad or nonroad vehicles or engines. (b) Study.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct, and submit to Congress the results of, a comprehensive study on-- (1) the effects of the introduction into commerce of an ethanol-gasoline blend described in subsection (a) on consumer products, including-- (A) onroad and nonroad vehicles; (B) nonroad engines (such as lawn mowers); and (C) any other applicable gasoline-powered vehicles, engines, and devices; (2) the impact of an ethanol-gasoline blend described in subsection (a) on-- (A) engine performance of conventional gasoline- powered onroad and nonroad vehicles and nonroad engines; (B) emissions from the use of the blend; and (C) materials compatibility and consumer safety issues associated with the use of such blend (including the identification of insufficient data or information for some or all of such vehicles and engines with respect to each of the issues described in this subparagraph and subparagraphs (A) and (B)); and (3) the ability of wholesale and retail gasoline distribution infrastructure, including bulk storage, retail storage configurations, and retail equipment (including certification of equipment compatibility by independent organizations), to introduce such an ethanol-gasoline blend into commerce without widespread intentional or unintentional misfueling by consumers.

Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act - Amends the Clean Air Act to revise the renewable fuel program, including by: (1) redefining "renewable fuel"; (2) reducing the percentage of renewable fuel that is required to be in gasoline sold or introduced into commerce in the United States (from 9% to 5.4% in 2008, 11.1% to 6.1% in 2009, 12.95% to 6.8% in 2010, 13.95% to 7.4% in 2011, and 15.2% to 7.5% in 2012); (3) revoking the renewable fuel standard for 2013-2022; (4) requiring the Administrator of the Energy Information Administration to provide to the Administrator of the Environmental Protection Agency (EPA) an estimate of the volumes of gasoline (currently of transportation fuel, biomass-based diesel, and cellulosic biofuel) projected to be sold or introduced into commerce in the following year; (5) making one gallon of cellulosic biomass ethanol or waste derived ethanol equivalent to 2.5 gallons of renewable fuel; (6) repealing provisions concerning cellulosic biofuel and biomass-based diesel; and (7) repealing a requirement that the Administrator of EPA promulgate fuel regulations to implement measures to mitigate adverse impacts on air quality as the result of renewable fuel requirements. Amends the Energy Independence and Security Act of 2007 to repeal provisions requiring EPA to report to Congress on current and future impacts of the renewable fuel requirements on environmental issues, resource conservation issues, and the growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture. Prohibits the Administrator from permitting or authorizing (including by granting a waiver through the fuels and fuel additives waiver process) the introduction into commerce of an ethanol-gasoline blend containing greater than 10% ethanol by volume that is intended for general use in conventional gasoline-powered vehicles or engines. Requires the Administrator to study: (1) the effects of the introduction into commerce of an ethanol-gasoline blend on consumer products; (2) the impact of such blend on engine performance of conventional gasoline-powered vehicles and nonroad engines, emissions from the use of the blend, and materials compatibility and consumer safety issues associated with the use of such blend; and (3) the ability of wholesale and retail gasoline distribution infrastructure to introduce such blend into commerce without widespread misfueling by consumers.

To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recycling Investment Saves Energy'' or the ``RISE Act''. SEC. 2. FINDINGS. The Senate finds the following: (1) Recycling means business in the United States, with more than 56,000 reuse and recycling establishments that employ over 1.1 million people, generating an annual payroll of nearly $37 billion, and grossing over $236 billion in annual revenues. On a per-ton basis, sorting and processing recyclables alone sustain 10 times more jobs than landfilling or incineration. (2) By reducing the need to extract and process virgin raw materials into manufacturing feedstock, reuse and recycling helps achieve significant energy savings. For example: (A) Taken together, the amount of energy wasted from not recycling aluminum and steel cans, paper, printed materials, glass, and plastic equals the annual output of 15 medium sized power plants. (B) The reuse of 500 steel drums per week yields 6 trillion Btu's per year, which is enough energy savings to power a city the size of Colorado Springs, Colorado, for 1 year. (3) Unfortunately, the United States recycling rate of many consumer commodities, including aluminum, glass, and plastic, are stagnant or declining, and businesses that rely on recycled feedstock are finding it difficult to obtain the quantity and quality of recycled materials needed. Increasingly, United States manufacturing facilities that rely on recycled feedstock are closing or forced to re-tool to use virgin materials. (4) The environmental impacts from reuse and recycling are significant. Increased reuse and recycling would produce significant environmental benefits, such as cleaner air, safer water, and reduced production costs. For example: (A) Between 2 and 5 percent of the waste stream is reusable. Reuse prevents waste creation and adverse impacts from disposal. (B) On a per-ton basis, recycling of: office paper prevents 60 pounds of air pollutants from being released, saves 7,000 gallons of water, and 3.3 cubic yards of landfill space; aluminum saves 10 cubic yards of landfill space; plastic saves 30 cubic yards of landfill space; glass prevents 7.5 pounds of air pollutants from being released and saves 2 cubic yards of landfill space; and steel saves 4 cubic yards of landfill space. (5) A national investment in the reuse and recycling industries is needed to preserve and expand America's reuse and recycling infrastructure. SEC. 3. CREDIT FOR REUSE AND RECYCLING 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. CREDIT FOR QUALIFIED REUSE AND RECYCLING PROPERTY. ``(a) Allowance of Credit.--For purposes of section 38, the qualified reuse and recycling property credit determined under this section for the taxable year is an amount equal to 15 percent of the amount paid or incurred during the taxable year for the cost of qualified reuse and recycling property placed in service or leased by the taxpayer. ``(b) Definitions.--For purposes of this section-- ``(1) Qualified reuse and recycling property.-- ``(A) In general.--The term `qualified reuse and recycling property' means any machinery and equipment (not including buildings or real estate), along with all appurtenances thereto, including software necessary to operate such equipment, which is used exclusively to collect, distribute, or recycle qualified reuse and recyclable materials. ``(B) Exclusion.--Such term does not include rolling stock or other equipment used to transport reuse and recyclable materials. ``(2) Qualified reuse and recyclable materials.-- ``(A) In general.--The term `qualified reuse and recyclable materials' means scrap plastic, scrap textiles, scrap rubber, scrap packaging, recovered fiber, scrap ferrous and nonferrous metals, or electronic waste generated by an individual or business. ``(B) Electronic waste.--For purposes of subparagraph (A), the term `electronic waste' means-- ``(i) any cathode ray tube, flat panel screen, or similar video display device with a screen size greater than 4 inches measured diagonally, or ``(ii) any central processing unit. ``(3) Recycling or recycle.--The term `recycling' or `recycle' means that process (including sorting) by which worn or superfluous materials are manufactured or processed into specification grade commodities that are suitable for use as a replacement or substitute for virgin materials in manufacturing tangible consumer and commercial products, including packaging. ``(c) Amount Paid or Incurred.--For purposes of this section-- ``(1) In general.--The term `amount paid or incurred' includes installation costs. ``(2) Lease payments.--In the case of the leasing of qualified reuse and recycling property by the taxpayer, the term `amount paid or incurred' means the amount of the lease payments due to be paid during the term of the lease occurring during the taxable year other than such portion of such lease payments attributable to interest, insurance, and taxes. ``(3) Grants, etc. excluded.--The term `amount paid or incurred' shall not include any amount to the extent such amount is funded by any grant, contract, or otherwise by another person (or any governmental entity). ``(d) Election to Have Section Not Apply.--A taxpayer may elect for any taxable year to have this section not apply with respect to any qualified recycling property specified by the taxpayer. ``(e) Other Tax Deductions and Credits Available for Portion of Cost Not Taken Into Account for Credit Under This Section.--No deduction or other credit under this chapter shall be allowed with respect to the amount of the credit determined under this section. ``(f) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any amount paid or incurred with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.''. (b) Conforming Amendments.-- (1) Credit made part of general business credit.-- Subsection (b) of section 38 of the Internal Revenue Code of 1986 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 new paragraph: ``(31) the qualified reuse and recycling property credit determined under section 45N(a).''. (2) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``; and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 45N(f), in the case of amounts with respect to which a credit has been allowed under section 45N.''. (3) Section 6501(m) of such Code is amended by inserting ``45N(d),'' after ``45C(d)(4),''. (4) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Credit for qualified reuse and recycling property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND RECYCLING PROPERTY. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following new subsection: ``(l) Special Allowance for Certain Reuse and Recycling Property.-- ``(1) In general.--In the case of any qualified reuse and recycling property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 50 percent of the adjusted basis of the qualified reuse and recycling property, and ``(B) the adjusted basis of the qualified reuse and recycling property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified reuse and recycling property.--For purposes of this subsection-- ``(A) In general.--The term `qualified reuse and recycling property' means any qualified reuse and recycling property (as defined in section 45N(b)(1))-- ``(i) to which this section applies, ``(ii) which has a useful life of at least 5 years, ``(iii) the original use of which commences with the taxpayer after December 31, 2005, ``(iv) which is-- ``(I) acquired by purchase (as defined in section 179(d)(2)) by an eligible taxpayer after December 31, 2005, but only if no written binding contract for the acquisition was in effect before December 31, 2005, or ``(II) acquired by the eligible taxpayer pursuant to a written binding contract which was entered into after December 31, 2005. ``(B) Exceptions.-- ``(i) Alternative depreciation property.-- The term `qualified property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined without regard to paragraph (7) of subsection (g) (relating to election to have system apply). ``(ii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(C) Special rules.-- ``(i) Self-constructed property.--In the case of an eligible taxpayer manufacturing, constructing, or producing property for the eligible taxpayer's own use, the requirements of clause (iv) of subparagraph (A) shall be treated as met if the eligible taxpayer begins manufacturing, constructing, or producing the property after December 31, 2005. ``(ii) Sale-leasebacks.--For purposes of subparagraph (A)(iii), if property-- ``(I) is originally placed in service after December 31, 2005, by a person, and ``(II) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(D) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified reuse and recycling property shall be determined under this section without regard to any adjustment under section 56. ``(3) Eligible taxpayer.--For purposes of this subsection, the term `eligible taxpayer' means, with respect to any qualified reuse and recycling property, any taxpayer which elects not to have section 45N apply with respect to such property.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2005. SEC. 5. TAX-EXEMPT BOND FINANCING OF RECYCLING FACILITIES. (a) In General.--Section 142 of the Internal Revenue Code of 1986 (defining exempt facility bond) is amended by adding at the end the following new subsection: ``(n) Solid Waste Disposal Facilities.-- ``(1) In general.--For purposes of subsection (a)(6) only, the term `solid waste disposal facilities' means any facility used to perform a solid waste disposal function. ``(2) Solid waste disposal function.-- ``(A) In general.--For purposes of this subsection only, the term `solid waste disposal function' means the collection, separation, sorting, storage, treatment, disassembly, handling, or processing of solid waste in any manner designed to dispose of the solid waste, including processing the solid waste into a useful energy source or product. ``(B) Extent of function.--For purposes of this subsection only, the solid waste disposal function ends at the later of-- ``(i) the point of final disposal of the solid waste, ``(ii) immediately after the solid waste is incinerated to produce energy, or ``(iii) the point at which the solid waste has been converted into a material or product that can be sold in the same manner as comparable material or product produced from virgin material. ``(C) Functionally related and subordinate facilities.--For purposes of this subsection only, in the case of a facility used to perform both a solid waste disposal function and another function-- ``(i) the costs of the facility allocable to the solid waste disposal function are determined using any reasonable method based upon facts and circumstances, and ``(ii) if during the period that bonds issued as part of an issue described in subsection (a)(6) are outstanding with respect to any facility at least 65 percent of the materials processed in such facility are solid waste materials as measured by weight or volume, then all of the costs of the property used to perform such process are allocable to a solid waste disposal function. ``(3) Solid waste.--For purposes of this subsection only-- ``(A) In general.--The term `solid waste' means garbage, refuse, or discarded solid materials, including waste materials resulting from industrial, commercial, agricultural, or community activities. ``(B) Garbage, refuse or discarded solid materials.--For purposes of subparagraph (A), the term `garbage, refuse, or discarded solid materials' means materials that are useless, unused, unwanted, or discarded. ``(C) Exclusion.--The term `solid waste' does not include materials in domestic sewage, pollutants in industrial or other water resources, or other liquid or gaseous waste materials.''. (b) Effective Date.--The amendment made by this section shall apply to bonds issued before, on, or after the date of the enactment of this Act.

Recycling Investment Saves Energy or the RISE Act - Amends the Internal Revenue Code to: (1) allow a taxpayer election of a tax credit for 15% of the cost of qualified reuse and recycling property or a tax deduction for 50% of the adjusted basis of such property; and (2) define solid waste disposal facilities to include reuse and recycling functions for purposes of tax-exempt bond financing.

A bill to amend the Internal Revenue Code to allow a credit against income tax, or, in the alternative, a special depreciation allowance, for reuse and recycling property, to provide for tax-exempt financing of recycling equipment, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Depressed Smaller Cities Improvement Act of 1993''. SEC. 2. INTERAGENCY TASK FORCE ON DEPRESSED SMALLER CITIES. (a) Establishment.--There is hereby established an interagency task force to be known as the Interagency Task Force on Depressed Smaller Cities (in this Act referred to as the ``Task Force''). (b) Membership.-- (1) In general.--The Task Force shall be composed of 9 members as follows: (A) The Secretary of Housing and Urban Development, or the Secretary's delegate. (B) The Secretary of Health and Human Services, or the Secretary's delegate. (C) The Attorney General of the United States, or the Attorney General's delegate. (D) The Secretary of Commerce, or the Secretary's delegate. (E) 5 members appointed by the Speaker of the House of Representatives, not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, who shall be public officials of depressed smaller cities. (2) Geographical diversity.--No 2 members appointed under paragraph (1)(E) may be residents of the same State. (c) Terms.--Members of the Task Force shall be appointed for the life of the Task Force. Any vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (d) Chairperson.--The Secretary of Housing and Urban Development shall be the chairperson of the Task Force. (e) Prohibition of Compensation.--Members of the Task Force shall not receive pay or other compensation on account of their service on the Task Force. (f) Travel Expenses.--Each member of the Task Force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 3. DUTIES OF TASK FORCE. (a) Study.--The Task Force shall carry out a study of the problems affecting depressed smaller cities, including problems involving crime, the environment, housing, labor and unemployment, education, health, and poverty. The study shall examine and analyze Federal, State, and local programs to alleviate such problems, the coordination or lack of coordination among such programs, and the effectiveness and efficiency of such programs, and shall determine the proper scope and extent of Federal assistance and programs to reduce the problems affecting such cities. In conducting the study, the Task Force shall consult with officials of local governments to obtain and provide advice regarding measures that may be implemented before the completion of the study to alleviate such problems and to coordinate the ongoing efforts of the local governments with the various Federal agencies. (b) Reports.-- (1) Annual reports.-- (A) In general.--The Task Force shall submit a report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, not less than annually until the termination of the Task Force under section 5. (B) Contents.--Each report shall describe the activities of the Task Force during the previous year in conducting the study under subsection (a) and the findings and determinations of the Task Force resulting from the study. Each report shall also-- (i) identify the most pervasive problems affecting depressed smaller cities and the extent of such problems; (ii) describe any efforts to alleviate such problems that the Task Force considers to have been effective and efficient; (iii) identify the immediate and long-term needs of such cities in alleviating such problems; (iv) identify any existing Federal programs that may be useful to such cities in alleviating such problems; (v) include an agenda of actions to be taken to alleviate such problems, which describes the priorities of such actions; and (vi) include recommendations of the Task Force for actions and legislation by the Federal Government to assist State and local governments to alleviate the problems affecting depressed smaller cities. (2) Final report.--Not later than the termination of the Task Force under section 5, the Task Force shall submit to the Committees referred to in paragraph (1)(A) a final report describing the study conducted by the Task Force, the activities of the Task Force, and the findings, conclusions, and recommendations of the Task Force upon the completion of the study. (c) Meetings.--To carry out the study under subsection (a) and prepare the reports under subsection (b), the Task Force shall meet not less than quarterly in each year. SEC. 4. IDENTIFICATION OF DEPRESSED SMALLER CITIES. For purposes of this Act, the term ``depressed smaller city'' means any unit of general local government that, as determined by the Task Force for the most recent 12-month period for which statistics are available, is classified as a municipality by the United States Bureau of the Census, has a population of less than 50,000 and more than 5,000, and meets any 3 of the following 5 criteria: (1) Unemployment.--The total rate of unemployment for the unit of general local government (as determined by appropriate available data) is 12 percent or more. (2) Crime rate.--For the unit of general local government, the ratio of the aggregate number of violent crimes in the unit (according to statistics compiled by the Federal Bureau of Investigation) to the population of the unit, is 5 percent or greater. (3) Lack of municipal health facilities.--The unit of general local government does not own or operate any municipal health facilities. (4) Income level.--The median annual household income for households residing in the unit of general local government (as determined by the Bureau of the Census of the Department of Commerce) does not exceed $15,000. (5) Environmental problems.--The unit of general local government has substantial environmental problems resulting from industrial activities, as determined by the Task Force. SEC. 5. TERMINATION. The Commission shall terminate upon the expiration of the 3-year period beginning on the date of the appointment of the entire membership of the Task Force under section 2(b). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $750,000, which shall be available during fiscal years 1995, 1996, and 1997.

Depressed Smaller Cities Improvement Act of 1993 - Establishes the Interagency Task Force on Depressed Smaller Cities to study problems affecting depressed smaller cities and to determine the proper scope and extent of Federal assistance and programs to reduce the problems affecting such cities. Authorizes appropriations.

Depressed Smaller Cities Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Plant Decommissioning Act of 2015''. SEC. 2. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS. Chapter 10 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end the following: ``SEC. 113. POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORTS. ``(a) Definitions.--In this section: ``(1) Affected state.--The term `affected State' means-- ``(A) the host State of a covered facility; and ``(B) each State that is within 50 miles of a covered facility. ``(2) Commission.--The term `Commission' means the Nuclear Regulatory Commission. ``(3) Covered facility.--The term `covered facility' means a facility of a licensee for which a PSDAR is required. ``(4) Host state.--The term `host State' means the State in which a covered facility is located. ``(5) Licensee.--The term `licensee' has the meaning given the term in section 50.2 of title 10, Code of Federal Regulations (or any successor regulation). ``(6) PSDAR.--The term `PSDAR' means a post-shutdown decommissioning activities report submitted to the Commission and affected States under section 50.82(a)(4)(i) of title 10, Code of Federal Regulations (or any successor regulation). ``(b) Development; Initial Consultation.--A licensee shall develop a proposed PSDAR for a covered facility after consultation with-- ``(1) each affected State; and ``(2) each unit of local government and tribal government in the affected State that is located within 50 miles of the covered facility. ``(c) Submission to Commission; Additional Consultation.-- ``(1) In general.--After additional consultation with the entities described in subsection (b) with respect to the proposed PSDAR developed under that subsection, the licensee shall-- ``(A) submit to the Commission the proposed PSDAR; and ``(B) on submission of the proposed PSDAR under subparagraph (A), make the proposed PSDAR readily available to the public. ``(2) Public availability.--On receipt of the proposed PSDAR under paragraph (1), the Commission shall make the proposed PSDAR readily available to the public, on the condition that the Commission may redact any information necessary to protect the national security. ``(d) Public Participation.--During a period of at least 90 days beginning on the date on which the licensee submits the proposed PSDAR to the Commission under subsection (c), the Commission shall solicit public participation on the proposed PSDAR in the host State, including through-- ``(1) the solicitation of written comments from the public; and ``(2) the conduct of at least 2 public hearings within the host State. ``(e) Support or Nonsupport by Host State.-- ``(1) In general.--Not later than 60 days after the receipt of a proposed PSDAR for a covered facility, the Commission shall notify the host State of the opportunity to file with the Commission, by the date that is 60 days after the date on which the host State receives the invitation under this paragraph-- ``(A) a statement of support for the proposed PSDAR; ``(B) a statement of conditional support for the proposed PSDAR, with specific recommendations for changes that could lead the host State to support the proposed PSDAR; or ``(C) a statement of nonsupport for the proposed PSDAR. ``(2) Statement of support or nonsupport; failure to submit.-- ``(A) In general.--If the host State files a statement of support under paragraph (1)(A), a statement of nonsupport under paragraph (1)(C), or fails to file a statement with the Commission by the deadline specified in paragraph (1), the Commission shall issue a determination on whether the proposed PSDAR is adequate or inadequate-- ``(i) based on the considerations described in subparagraph (B); and ``(ii) after taking into account-- ``(I) any written comments submitted by the host State, other States, and local communities with respect to the proposed PSDAR; and ``(II) any input from the public under subsection (d). ``(B) Considerations.--The Commission shall consider a proposed PSDAR to be adequate under subparagraph (A) if the Commission determines that-- ``(i) the proposed PSDAR provides for the overall protection of human health and the environment; ``(ii) the licensee has a substantial likelihood of implementing the proposed PSDAR within the timeframe described in the proposed PSDAR; ``(iii) the proposed PSDAR is in accordance with applicable law (including regulations); and ``(iv) the licensee has demonstrated that the licensee has, or will have, the funds required to fully implement the proposed PSDAR within the timeframe described in the proposed PSDAR. ``(C) Determination of adequacy.--If the Commission determines that the proposed PSDAR is adequate under subparagraphs (A) and (B), the Commission shall issue a decision document approving the PSDAR. ``(D) Determination of inadequacy.--If the Commission determines that the proposed PSDAR is inadequate under subparagraphs (A) and (B)-- ``(i) the Commission shall issue a decision rejecting the proposed PSDAR, including the reasons for the decision; and ``(ii) not later than 2 years after the date on which operations at the plant cease, the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. ``(3) Conditional support by host state.-- ``(A) In general.--The Commission shall determine whether the proposed PSDAR is permissible under applicable law (including regulations) if the host State files a statement of conditional support for the proposed PSDAR with the Commission in accordance with paragraph (1)(B). ``(B) Changes.--For each change recommended by the host State under paragraph (1)(B), the Commission shall-- ``(i) provide for the inclusion of the change into the final PSDAR, unless the Commission determines the change to be inappropriate for inclusion, based on clear and convincing evidence provided by the licensee that-- ``(I) the change violates applicable law; or ``(II) the costs of the change substantially outweigh the safety, economic, or environmental benefits of the change to the host State; and ``(ii) provide the rationale for a determination of inappropriateness under clause (i). ``(C) Decision document.-- ``(i) In general.--Based on the determinations made under subparagraphs (A) and (B), the Commission shall issue a decision document that-- ``(I) accepts the proposed PSDAR with any changes recommended by the host State that are not determined to be inappropriate under subparagraph (B); or ``(II) rejects the proposed PSDAR. ``(ii) Applicable law.--A decision document issued under clause (i) shall be considered to be a final order entered in a proceeding under section 189(a). ``(D) Acceptance.--If the Commission approves the proposed PSDAR under subparagraph (C)(i)(I)-- ``(i) the PSDAR is final; and ``(ii) the licensee may begin implementation of the PSDAR. ``(E) Rejection.--If the Commission rejects the proposed PSDAR under subparagraph (C)(i)(II), not later than 2 years after the date on which operations at the plant cease, the licensee shall develop and submit to the Commission a new proposed PSDAR in accordance with this section. ``(f) Additional Requirement.--Notwithstanding any other provision of this section, a Commission shall not approve a PSDAR under this section unless the proposed PSDAR includes a requirement that the licensee comply with applicable State law relating to air, water, or soil quality or radiological standards with respect to the implementation of the proposed PSDAR if the applicable State law is more restrictive than the applicable Federal law. ``(g) Application to Existing Decommissioning Activities.-- ``(1) In general.--The Commission shall notify-- ``(A) each licensee of the opportunity to develop a revised PSDAR for any facility of the licensee for which a PSDAR has been submitted but, as of the date of enactment of the Nuclear Plant Decommissioning Act of 2015-- ``(i) decontamination and dismantlement activities have not commenced; or ``(ii) decontamination and dismantlement activities have been commenced for less than 1 year; and ``(B) each State that is within 50 miles of the facility described in subparagraph (A) of the opportunity consult with the licensee described in subparagraph (A) in accordance with subsection (b). ``(2) Process.-- ``(A) In general.--Except as provided in paragraphs (3) and (4), if a licensee described in paragraph (1) elects to develop a revised PSDAR, the process for consideration and approval of the revised PSDAR under paragraph (1) shall be carried out in accordance with-- ``(i) the process for the consideration and approval of a proposed PSDAR for covered facilities described in subsections (b) through (d) and subsection (f); and ``(ii) the process for support or nonsupport by the host State as described in subsection (e). ``(B) Nonselection.--If a licensee described in paragraph (1) elects not to revise the original PSDAR, the entities described in subsection (b) may file a statement of support or nonsupport for the original PSDAR in accordance with the process for support or nonsupport by the host State described in subsection (e). ``(3) Decision document.--A decision document for a revised PSDAR submitted under this subsection, or for the original PSDAR if the licensee elects not to revise the original PSDAR, shall be carried out in accordance with subsection (e)(3)(C), except that the deadline for the Commission to issue a decision document shall be by not later than 1 year after the decontamination and dismantlement activities have commenced. ``(4) Revision after determination of inadequacy.--If the Commission rejects the revised PSDAR in accordance with the process for rejection under subsection (e)(3)(E), the licensee shall develop and submit to the Commission a new revised PSDAR in accordance with this subsection by not later than 2 years after the date on which the Commission rejects the revised PSDAR.''.

Nuclear Plant Decommissioning Act of 2015 Amends the Atomic Energy Act of 1954 to require a Nuclear Regulatory Commission (NRC) licensee, after consulting affected state and local governments, to submit to the NRC a post-shutdown decommissioning activities report (PSDAR) regarding the licensee's shutdown facilities for which a PSDAR is required. Conditions public availability of the PSDAR upon NRC discretion to redact information necessary to protect the national security. Requires the NRC to: (1) solicit public comments on the proposed PSDAR; (2) conduct at least two public hearings within the facility's host state; and (3) invite the host state to file a statement of either support, nonsupport, or of conditional support, including specific recommendations for changes. Directs the NRC, upon receipt of the state's response, to determine, based upon specified considerations, the adequacy or inadequacy of the proposed PSDAR and to issue a decision accordingly. Prescribes criteria for determining whether a proposed PSDAR is permissible if the host state files a statement of conditional support. Requires a licensee to submit a new proposed PSDAR if the first one is rejected. Conditions NRC approval of a proposed PSDAR upon inclusion in the document of a requirement that the licensee comply with applicable state law relating to air, water, or soil quality or radiological standards if that law is more restrictive than its federal counterpart. Requires the NRC, in the case of existing decommissioning activities, to notify: (1) each licensee of the opportunity to develop a revised PSDAR for any facility for which a PSDAR has been submitted but for which decontamination and dismantlement activities have either not been commenced, or have been commenced for less than one year; and (2) each state within 50 miles of the facility of the opportunity to consult with the licensee.

Nuclear Plant Decommissioning Act of 2015

S. (a) Report on Implementation of United Nations Security Council Resolutions.--Not later than 90 days after the date of the enactment of this Act, the President shall submit to Congress a report-- (1) assessing the status of the implementation of United Nations Security Council Resolution 1695 (2006), United Nations Security Council Resolution 1718 (2006), and United Nations Security Council Resolution 1874 (2009); and (2) containing a detailed list of actions taken by the United States to implement those resolutions and to encourage other countries to take actions to implement the resolutions. (b) Report on Implementation of United Nations Security Council Resolutions by the People's Republic of China.--Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report-- (1) assessing the compliance of the Government of the People's Republic of China with the requirements imposed under United Nations Security Council Resolution 1695 (2006), United Nations Security Council Resolution 1718 (2006), and United Nations Security Council Resolution 1874 (2009); and (2) describing any assistance provided by the Government of the People's Republic of China to any entity in North Korea and the amount of any such assistance. SEC. 10. REPORT ON REFUGEES FROM NORTH KOREA ADMITTED TO THE UNITED STATES. (a) In General.--Not later than 30 days after the date of the enactment of this Act, and every 30 days thereafter for 5 years, the Secretary of State shall submit to Congress a report on the number of aliens who are citizens or nationals of North Korea that were admitted to the United States as refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) during the preceding 30 days. (b) Enforcement of Reporting Requirement.--For each month in which the Secretary of State does not submit the report required by subsection (a) to Congress before the 15th day after that report is due, $250,000 of amounts previously appropriated to the Bureau of Population, Refugees, and Migration of the Department of State and available for obligation shall be rescinded. SEC. 11. SENSE OF CONGRESS AND GAO REPORT ON IMPLEMENTATION OF NORTH KOREAN HUMAN RIGHTS ACT. (a) Sense of Congress.--It is the sense of Congress that-- (1) the United States has not adequately implemented the North Korean Human Rights Act of 2004 (22 U.S.C. 7801 et seq.), as amended by the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346; 122 Stat. 3939); and (2) the President should expand efforts to promote a transition to democracy in North Korea. (b) GAO Report.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation by the Secretary of State of the North Korean Human Rights Act of 2004 (22 U.S.C. 7801 et seq.), as amended by the North Korean Human Rights Reauthorization Act of 2008 (Public Law 110-346; 122 Stat. 3939). (2) Contents.--The report required under paragraph (1) shall include the following, with respect to each of the fiscal years 2005 through 2009: (A) A description of the extent to which the Secretary of State has implemented section 203 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7833) (relating to assistance provided outside of North Korea), including-- (i) an assessment of the effectiveness of the implementation of that section with respect to the purposes described in section 4 of that Act (22 U.S.C. 7802); and (ii) if the Secretary has not requested funds to provide assistance under such section 203, an assessment of any other funds used by the Secretary to provide such assistance. (B) An evaluation of the effectiveness of the implementation of title III of that Act (22 U.S.C. 7841 et seq.) (relating to protecting North Korean refugees) that-- (i) considers the scope of the problem posed by refugees from North Korea, with particular consideration of-- (I) the policies expressed in section 304 of that Act (22 U.S.C. 7844); and (II) the information contained in reports submitted under section 305 of that Act (22 U.S.C. 7845); and (ii) includes an assessment of the extent to which the Secretary has facilitated, pursuant to section 303 of that Act (22 U.S.C. 7843), the submission of applications by citizens or nationals of North Korea for admission to the United States as refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). SEC. 12. STATEMENT OF POLICY ON HUMAN RIGHTS IN NORTH KOREA. Section 101 of the North Korean Human Rights Act of 2004 (22 U.S.C. 7811) is amended-- (1) in the section heading, by striking ``sense of congress'' and inserting ``statement of policy''; and (2) by striking ``It is the sense of Congress'' and inserting ``It is the policy of the United States''. SEC. 13. SENSE OF CONGRESS ON THE ROLE OF THE SPECIAL ENVOY FOR NORTH KOREAN HUMAN RIGHTS IN NEGOTIATIONS WITH NORTH KOREA. It is the sense of Congress that the Special Envoy for Human Rights in North Korea should be present at all negotiating sessions between the United States Government and the Government of North Korea. SEC. 14. AUTHORIZATION OF APPROPRIATIONS FOR DEPLOYMENT OF GROUND-BASED MISSILE INTERCEPTORS. There are authorized to be appropriated $160,000,000 for fiscal year 2010 for the Department of Defense to complete the deployment of 44 ground-based missile interceptors at Fort Greely, Alaska. Such amount is in addition to any other amounts authorized to be appropriated for fiscal year 2010 for the Department of Defense for such purpose. SEC. 15. AUTHORIZATION OF APPROPRIATIONS FOR DEVELOPMENT OF VARIANT OF F-22 ADVANCED TACTICAL FIGHTER FOR SALE TO THE GOVERNMENT OF JAPAN. (a) In General.--There are authorized to be appropriated for fiscal year 2010 to the Secretary of Defense for the Air Force for aircraft such sums as may be necessary to develop a variant of the F-22 advanced tactical fighter appropriate for sale to the Government of Japan. (b) Repeal of Prohibition on Funding for the Sale of F-22 Fighters.--Section 8059 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110- 329; 122 Stat. 3634) is repealed. SEC. 16. AUTHORIZATION OF APPROPRIATIONS FOR RADIO BROADCASTING TO NORTH KOREA. (a) Authorization of Appropriations for Radio Free Asia.--There are authorized to be appropriated $50,000,000 to the Broadcasting Board of Governors for Radio Free Asia for each of the fiscal years 2010 through 2014-- (1) to expand radio broadcasting to North Korea and to expand the content of such broadcasting; and (2) to operate an airborne radio transmission platform in international airspace near North Korea. (b) Authorization of Appropriations for National Endowment for Democracy.--There are authorized to be appropriated $25,000,000 to the National Endowment for Democracy for each of the fiscal years 2010 through 2014 to support the development of nongovernmental civilian broadcasts and information to be broadcast to North Korea. SEC. 17. REALLOCATION OF APPROPRIATIONS WITHIN THE DEPARTMENT OF STATE. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall reallocate $10,000,000 appropriated for the Bureau of East Asian and Pacific Affairs to the Bureau of Democracy, Human Rights, and Labor, to be expended on programs and activities designed to advance human rights for the people of North Korea.

North Korea Accountability Act of 2009 - Directs the Secretary of State to designate North Korea, for specified purposes of the Export Administration Act of 1979, the Arms Export Control Act, and the Foreign Assistance Act of 1961, as a country that has repeatedly provided support for acts of international terrorism. Authorizes the President to waive such requirement upon a certification to Congress that North Korea has taken certain actions regarding: (1) nuclear program and proliferation disclosures; (2) the illegal transfer of missile or nuclear technology; (3) support of international terrorist groups; and (4) prisoner release. Directs the Secretary of the Treasury to prohibit, with waiver authority, a financial institution from engaging in financial transactions with a foreign bank that is engaged in a financial transaction with the government or a governmental agent of North Korea or a senior government or military official of North Korea. Directs the President to strengthen military cooperation with Japan and South Korea. Sets forth reporting requirements regarding: (1) implementation of the North Korean Human Rights Act of 2004; (2) financial transaction with North Korea or trade in precious metals produced in North Korea; (3) the North Korean nuclear weapons program; (4) counterproliferation efforts; (5) implementation of specified U.N. Security Council Resolutions; and (6) North Korean refugees admitted into the United States. Authorizes appropriations for: (1) completion of ground-based missile interceptor deployment at Fort Greely, Alaska; (2) development of a variant of the F-22 fighter aircraft for sale to Japan; and (3) expansion of radio broadcasting to North Korea. Directs the Secretary of State to reallocate specified funds for programs to advance human rights for the people of North Korea.

A bill require the redesignation of North Korea as a state sponsor of terrorism, to impose sanctions with respect to North Korea, to require reports on the status of North Korea's nuclear weapons program and counterproliferation efforts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Enforcement and Security Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Criminal enforcement program.--The term ``criminal enforcement program'' means the criminal enforcement program of the Criminal Investigation Division of the Office of Criminal Enforcement, Forensics, and Training of the Environmental Protection Agency. (3) Special agent.--The term ``special agent'' means a Special Agent in the Criminal Investigation Division of the Office of Criminal Enforcement, Forensics, and Training of the Environmental Protection Agency. SEC. 3. CRIMINAL ENFORCEMENT. (a) In General.--The Administrator shall increase the number of special agents assigned to the criminal enforcement program as necessary to ensure that the total number of special agents assigned to the criminal enforcement program-- (1) by September 30, 2005, is at least 330; (2) by September 30, 2006, is at least 340; and (3) by September 30, 2007, is at least 355. (b) Homeland Security and Protective Service Duties.--Not later than September 30, 2005, the Administrator shall ensure that at least 80 special agents are assigned to homeland security and protective service duties. (c) Administrative Support Staff.--The Administrator shall maintain a number of administrative support staff to support special agents that is not less than 10 percent of the number of special agents. SEC. 4. HOMELAND SECURITY DUTIES OF SPECIAL AGENTS. The Administrator may assign special agents from the criminal enforcement program-- (1) to support crisis management and consequence management activities during terrorism attacks; (2) to support the anti-terrorism and counter-terrorism efforts of the Department of Homeland Security and the Department of Justice to detect, prevent, prepare for, protect against, respond to, and recover from terrorist attacks; and (3) to provide protective service duties. SEC. 5. DRINKING WATER INFRASTRUCTURE PROTECTION. (a) In General.--The Administrator may provide grants to drinking water systems to improve the security of those facilities against terrorist attack. (b) Criteria.--The Administrator shall distribute the grants based on criteria, developed jointly with the Secretary of the Department of Homeland Security, that consider-- (1) population density; or (2) service to critical national assets. (c) Water Information Sharing and Analysis Center.--The Administrator shall provide for the operation of the Water Information Sharing and Analysis Center at no cost to subscribers. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Criminal Enforcement.--There are authorized to be appropriated to carry out section 3-- (1) $54,450,000 for fiscal year 2005; (2) $57,970,000 for fiscal year 2006; and (3) $62,480,000 for fiscal year 2007. (b) Enforcement Training.--There are authorized to be appropriated to train Federal, State, and local lawyers, inspectors, civil and criminal investigators, and technical experts in the enforcement of environmental laws-- (1) $6,000,000 for fiscal year 2005; (2) $9,000,000 for fiscal year 2006; and (3) $12,000,000 for fiscal year 2007. (c) Compliance Assistance.--To improve compliance with environmental laws and reduce risk to human health and the environment, there are authorized to be appropriated to provide information and technical assistance to the individuals and entities that are subject to regulation under this or any other Federal environmental law to increase the understanding of those individuals and entities of statutory and regulatory environmental requirements-- (1) $37,000,000 for fiscal year 2005; (2) $47,000,000 for fiscal year 2006; and (3) $55,000,000 for fiscal year 2007. (d) Enforcement Targeting.--There are authorized to be appropriated to develop and use strategic targeting tools to assist the Administrator and States in compliance assistance and civil and criminal enforcement activities-- (1) $5,000,000 for fiscal year 2005; (2) $5,150,000 for fiscal year 2006; and (3) $5,300,000 for fiscal year 2007. (e) Authorizations of Appropriations.-- (1) Drinking water infrastructure protection.--There is authorized to be appropriated to carry out section 5(a) $100,000,000, to remain available until expended. (2) Water information sharing and analysis center.--There is authorized to be appropriated to carry out section 5(c) $5,000,000 for each fiscal year.

Environmental Enforcement and Security Act of 2004 - Requires the Administrator of the Environmental Protection Agency (EPA) to increase the number of special agents assigned to the EPA's criminal enforcement program, with a specified number of those agents to be assigned to homeland security and protective service duties. Authorizes the Administrator to assign special agents from the program to: (1) support crisis management and consequence management activities during terrorist attacks; (2) support the anti-terrorism and counter-terrorism efforts of the Departments of Homeland Security and Justice; and (3) provide protective service duties. Authorizes the Administrator to provide grants to improve the security of drinking water systems against terrorist attacks. Requires the Administrator to provide for the operation of the Water Information Sharing and Analysis Center at no cost to subscribers.

A bill to improve environmental enforcement and security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Constitution Center Commemorative Coin Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) a Constitutional Convention was convened in the summer of 1787 in Philadelphia, Pennsylvania for the purposes of replacing the failed Articles of Confederation as a framework for governing the 13 American colonies newly independent from Great Britain; (2) the United States Constitution produced by the Convention would set the United States of America on a unique course of experiment in self-government that would profoundly impact the United States and the world; (3) in its deliberations and promotion through such literary works as The Federalist Papers, the United States Constitution drew upon the successes and failures of nations and peoples dating as far back as the city-state republics of ancient Greece in forming representative governments; (4) the first 10 amendments to the Constitution, known as the Bill of Rights, comprise the best written set of legal protections of the rights and dignity of the individual in the history of human civilization and continue to be the benchmark for nations' adherence to human rights standards; (5) the principles of the United States Constitution have been enacted into the governing laws of numerous free countries around the globe, and are reflected in the founding documents of the United Nations; (6) the United States Constitution created the framework for what is now the oldest representative democracy in the world; (7) in its wisdom, the Constitutional Convention created a mechanism through which the United States Constitution can be perfected, as it has been 27 times to date, to better reflect its founding ideals, as well as to accommodate changing circumstances; (8) the rights and freedoms secured to Americans by the United States Constitution have and continue to draw millions from around the globe to the shores of this Nation; (9) all Americans should gain an understanding of and appreciation for the United States Constitution and the role this remarkable document plays in the freedoms and quality of life they enjoy; (10) the National Constitution Center was established by the Constitution Heritage Act of 1988 (16 U.S.C. 407aa et seq.), which was signed into law by President Ronald Reagan on September 16, 1988, to provide for continuing interpretation of the Constitution and to establish a national center for the United States Constitution; and (11) the National Constitution Center, located at the site of the birth of the Constitution, only steps away from the Liberty Bell and Independence Hall in the Independence National Historic Park in Philadelphia, Pennsylvania, is the only center in the world solely dedicated to promoting understanding of the Constitution and its values and ideals. SEC. 3. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. SEC. 4. SOURCES OF BULLION. The Secretary may obtain silver for minting coins under this Act from stockpiles established under the Strategic and Critical Materials Stock Piling Act, to the extent available, and from other available sources, if necessary. SEC. 5. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the National Constitution Center in Philadelphia, Pennsylvania. (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 ``2003''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Design Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Constitution Center Coin Advisory Committee; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 6. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to mint coins under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act beginning on January 1, 2003, and ending when the quantity of coins issued under this Act reaches the limit under section 3(a). SEC. 7. SALE OF COINS. (a) Sale Price.--The coins minted under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales of coins issued under this Act shall include a surcharge established by the Secretary, in an amount equal to not more than $10 per coin. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--Subject to section 5134(f) of title 31, United States Code, the proceeds from the surcharges received by the Secretary from the sale of coins minted under this Act shall be paid promptly by the Secretary to the National Constitution Center. (b) Use of Proceeds.--The proceeds received by the National Constitution Center under subsection (a) shall be used by the Center to promote a greater understanding of the Constitution and its values and ideals. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the National Constitution Center as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act, unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration.

National Constitution Center Commemorative Coin Act of 2002 - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins in commemoration of the opening of the National Constitution Center in Philadelphia, Pennsylvania, scheduled for July 4, 2003.

A bill to require the Secretary of the Treasury to mint coins in commemoration of the opening of the National Constitution Center in Philadelphia, Pennsylvania, scheduled for July 4, 2003.

SECTION 1. SHORT TITLE. This Act may be cited as the ``James Zadroga 9/11 Health and Compensation Reauthorization Act''. SEC. 2. REAUTHORIZING THE WORLD TRADE CENTER HEALTH PROGRAM. (a) World Trade Center Health Program Fund.--Section 3351 of the Public Health Service Act (42 U.S.C. 300mm-61) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in the matter preceding subparagraph (A), by striking ``2012'' and all that follows through ``2011)'' and inserting ``2015 through 2041''; and (ii) by striking subparagraph (A) and inserting the following: ``(A) the Federal share, consisting of-- ``(i) for fiscal year 2015, $431,000,000; and ``(ii) for each fiscal year thereafter through fiscal year 2041, the amount specified under this subparagraph for the previous fiscal year increased by the percentage increase in the medical care component of the consumer price index for all urban consumers as estimated by the Secretary for the 12-month period ending with March of the previous fiscal year; plus''; and (B) by striking paragraph (4) and inserting the following: ``(4) Amounts from prior fiscal years.--Amounts that were deposited, or identified for deposit, for any fiscal year preceding fiscal year 2015, under paragraph (2)(A)(ii)(I), as such paragraph was in effect on the day before the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, that were not expended in carrying out this title for any such fiscal year, shall remain deposited, or be deposited, as the case may be, into the Fund. ``(5) Amounts to remain available until expended.--Amounts deposited into the Fund under this subsection shall remain available until expended.''; (2) in subsection (b)(1), by striking ``sections 3302(a)'' and all that follows through ``3342'' and inserting ``sections 3301(e), 3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2), 3305(c), 3341, and 3342''; and (3) in subsection (c)-- (A) in paragraph (1)(C), by striking ``consumer price index for all urban consumers (all items; United States city average)'' and inserting ``medical care component of the consumer price index for all urban consumers''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C)-- (I) by striking ``for each subsequent fiscal year'' and inserting ``for each of fiscal years 2013 through 2014''; and (II) by striking the period and inserting a semicolon; and (iii) by adding at the end the following: ``(D) for fiscal year 2015, $200,000; and ``(E) for each subsequent fiscal year, the amount specified under this paragraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year.''; and (C) in paragraph (4)-- (i) in subparagraph (B), by striking ``and'' at the end; (ii) in subparagraph (C)-- (I) by striking ``for each subsequent fiscal year'' and inserting ``for each of fiscal years 2013 through 2016''; and (II) by striking the period and inserting a semicolon; and (iii) by adding at the end the following: ``(D) for fiscal year 2017, $15,000,000; and ``(E) for each subsequent fiscal year, the amount specified under this paragraph for the previous fiscal year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month period ending with March of the previous year.''. (b) Regulations.--Section 3301 of the Public Health Service Act (42 U.S.C. 300mm) is amended by adding at the end the following: ``(i) Regulations.--The WTC Program Administrator is authorized to promulgate such regulations as the Administrator determines necessary to administer this title.''. (c) Clinical Centers of Excellence and Data Centers.--Section 3305 of the Public Health Service Act (42 U.S.C. 300mm-4) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(B), by inserting ``and retention'' after ``outreach''; and (B) in paragraph (2)(A)-- (i) in clause (i), by inserting before the semicolon ``, including data on the evaluation of any new WTC-related health conditions identified under section 3304(a)''; and (ii) in clause (iii), by inserting ``and retention'' after ``outreach''; and (2) in subsection (b)(1)(B)(vi), by striking ``section 3304(c)'' and inserting ``section 3304(d)''. (d) World Trade Center Responders.--Section 3311(a) of the Public Health Service Act (42 U.S.C. 300mm-21(a)) is amended-- (1) in paragraph (4)(B)(i)(II), by striking ``2020'' and inserting ``2041''; and (2) by striking paragraph (5). (e) World Trade Center Survivors.--Section 3321(a) of the Public Health Service Act (42 U.S.C. 300mm-31(a)) is amended-- (1) in paragraph (3)(B)(i)(II), by striking ``2020'' and inserting ``2041''; and (2) by striking paragraph (4). (f) Payment of Claims.--Section 3331(d)(1)(B) of the Public Health Service Act (42 U.S.C. 300mm-41(d)(1)(B)) is amended-- (1) by striking ``2015'' and inserting ``2040''; and (2) by striking ``2016'' and inserting ``2041''. (g) World Trade Center Health Registry.--Section 3342 of the Public Health Service Act (42 U.S.C. 300mm-52) is amended by striking ``April 20, 2009'' and inserting ``September 7, 2014''. SEC. 3. REAUTHORIZING THE SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001. (a) Definitions.--Section 402(6) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended by striking ``, including under the World Trade Center Health Program established under section 3001 of the Public Health Service Act''. (b) Purpose.--Section 403 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended-- (1) by inserting ``full'' before ``compensation''; and (2) by inserting ``, or the rescue and recovery efforts during the immediate aftermath of such crashes'' before the period. (c) Timing Requirements for Filing a Claim.--Section 405 of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended-- (1) in subsection (a)(3)(B)-- (A) by striking ``section 407(b)'' and inserting ``section 407(b)(1)''; (B) by striking ``5 years'' and inserting ``30 years''; and (C) by inserting ``under section 407(b)(1)'' after ``which such regulations are updated''; and (2) in subsection (c)(3)-- (A) in subparagraph (A)(iii), by striking ``section 407(a)'' and inserting ``section 407(b)(1)''; and (B) in subparagraph (C)(ii)(II), by striking ``section 407(b)'' and inserting ``section 407(b)(1)''. (d) Payments to Eligible Individuals.--Section 406(d) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended-- (1) in paragraph (1)-- (A) by striking ``section 407(b)'' and inserting ``section 407(b)(1)''; and (B) by striking ``$2,775,000,000'' and inserting ``such sums as may be necessary to carry out this Act''; and (2) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by striking ``shall ratably reduce the amount of compensation due claimants under this title in a manner'' and inserting ``may ratably reduce the amount of compensation due claimants under this title if necessary''; and (B) in subparagraph (B)-- (i) in the matter preceding clause (i), by striking ``on or after the first day'' and all that follows through ``the difference between'' and inserting ``the Special Master, when amounts are available, shall pay to the claimant the amount that is equal to the difference between''; (ii) in clause (i)-- (I) by striking ``during such period''; and (II) by striking ``applicable to such period'' and inserting ``applicable to the 5-year period described in such paragraph''; and (iii) in clause (ii), by striking ``during such period''. (e) Regulations.--Section 407(b) of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) is amended-- (1) by striking ``Not later than'' and inserting the following: ``(1) James zadroga 9/11 health and compensation act of 2010.--Not later than''; and (2) by adding at the end the following: ``(2) James zadroga 9/11 health and compensation reauthorization act.--Not later than 180 days after the date of enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, the Special Master shall update the regulations promulgated under subsection (a) to the extent necessary to comply with the amendments made by such Act.''. SEC. 4. AMENDMENT TO EXEMPT PROGRAMS. (a) In General.--Section 255(g)(1)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) is amended by-- (1) inserting after the item relating to Retirement Pay and Medical Benefits for Commissioned Officers, Public Health Service the following: ``September 11th Victim Compensation Fund (15-0340- 0-1-754).''; and (2) inserting after the item relating to the Voluntary Separation Incentive Fund the following: ``World Trade Center Health Program Fund (75-0946- 0-1-551).''. (b) Applicability.--The amendments made by this section shall apply to any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) on or after the date of enactment of this Act.

James Zadroga 9/11 Health and Compensation Reauthorization Act - Amends the Public Health Service Act to extend the World Trade Center (WTC) Health Program Fund through FY2041 and index appropriations to the medical care component of the consumer price index for urban consumers. Makes funding available for: a quality assurance program for services delivered by health care providers, the WTC Program annual report, WTC Health Program Steering Committees, and contracts with Clinical Centers of Excellence. Removes the disqualification of individuals on the terrorist watch list maintained by the Department of Homeland Security (DHS) from being identified as WTC responders or WTC survivors eligible for benefits provided by the WTC Health Program. Amends the Air Transportation Safety and System Stabilization Act to make individuals (or relatives of deceased individuals) who were injured or killed in the rescue and recovery efforts after the aircraft crashes of September 11, 2001, eligible for compensation under the September 11th Victim Compensation Fund of 2001. Allows individuals to file claims for compensation under the September 11th Victim Compensation Fund of 2001 up to 30 years after regulations are updated based on the James Zadroga 9/11 Health and Compensation Act of 2010. Removes the cap on payments under the September 11th Victim Compensation Fund of 2001. Adds the September 11th Victim Compensation Fund and World Trade Center Health Program Fund to the list of accounts that are not subject to budget sequestration.

James Zadroga 9/11 Health and Compensation Reauthorization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Buffalo Bayou National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Buffalo Bayou National Heritage Area, established in this Act. (2) Management entity.--The term ``management entity'' means the management entity for the Heritage Area designated by this Act. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Area required under this Act. (4) Map.--The term ``map'' means the map entitled ``Buffalo Bayou National Heritage Area Proposed Boundary'', numbered T11/ 101,592, and dated March 2010. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of Texas. SEC. 3. BUFFALO BAYOU NATIONAL HERITAGE AREA. (a) Establishment.--There is established in the State the Buffalo Bayou National Heritage Area. (b) Boundaries.--The Heritage Area shall consist of areas included in the map in Harris County, Texas. (c) Map.--A map of the Heritage Area shall be-- (1) included in the management plan; and (2) on file and available for public inspection in the appropriate offices of the National Park Service. (d) Management Entity.--The management entity for the Heritage Area shall be the Buffalo Bayou National Heritage Area Corporation. SEC. 4. ADMINISTRATION. (a) Authorities.--For purposes of carrying out the management plan, the Secretary, acting through the management entity, may use amounts made available under this Act to-- (1) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (3) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (4) obtain money or services from any source including any that are provided under any other Federal law or program; (5) contract for goods or services; and (6) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (b) Duties.--The management entity shall-- (1) in accordance with section 5, prepare and submit a management plan for the Heritage Area to the Secretary; (2) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by-- (A) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (B) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (C) developing recreational and educational opportunities in the Heritage Area; (D) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (E) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (F) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (G) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (3) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (4) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (5) for any year that Federal funds have been received under this Act-- (A) submit an annual report to the Secretary that describes the activities, expenses, and income of the management entity (including grants to any other entities during the year that the report is made); (B) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (C) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (6) encourage by appropriate means economic viability that is consistent with the Heritage Area. (c) Prohibition on the Acquisition of Real Property.--The management entity shall not use Federal funds made available under this Act to acquire real property or any interest in real property. (d) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using any assistance made available under this Act shall be 50 percent. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date of enactment of this Act, the management entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (b) Requirements.--The management plan shall-- (1) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (2) take into consideration State and local plans; (3) include-- (A) an inventory of-- (i) the resources located in the core area described in section 4(b); and (ii) any other property in the core area that-- (I) is related to the themes of the Heritage Area; and (II) should be preserved, restored, managed, or maintained because of the significance of the property; (B) comprehensive policies, strategies, and recommendations for conservation, funding, management, and development of the Heritage Area; (C) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical, and cultural resources of the Heritage Area; (D) a program of implementation for the management plan by the management entity that includes a description of actions to facilitate ongoing collaboration among partners to-- (i) promote plans for resource protection, restoration, and construction; and (ii) specific commitments for implementation that have been made by the management entity or any government, organization, or individual for the first 5 years of operation; (E) the identification of sources of funding for carrying out the management plan; (F) analysis and recommendations for means by which local, State, and Federal programs, including the role of the National Park Service in the Heritage Area, may best be coordinated to carry out this Act; and (G) an interpretive plan for the Heritage Area; and (4) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (c) Deadline.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the management entity shall be ineligible to receive additional funding under this Act until the date that the Secretary receives and approves the management plan. (d) Approval or Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date of receipt of the management plan under subsection (a), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (2) Criteria for approval.--In determining whether to approve the management plan, the Secretary shall consider whether-- (A) the management entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the management entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (3) Action following disapproval.--If the Secretary disapproves the management plan under paragraph (1), the Secretary shall-- (A) advise the management entity in writing of the reasons for the disapproval; (B) make recommendations for revisions to the management plan; and (C) not later than 180 days after the receipt of any proposed revision of the management plan from the management entity, approve or disapprove the proposed revision. (4) Amendments.-- (A) In general.--The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines makes a substantial change to the management plan. (B) Use of funds.--The management entity shall not use Federal funds authorized by this Act to carry out any amendments to the management plan until the Secretary has approved the amendments. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the management entity to the maximum extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY PROTECTION. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State or local agency, or conveys any land use or other regulatory authority to the management entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. WATER RIGHTS. (a) Statement of Policy.--Nothing in this Act is meant to modify the Rio Grande Natural Area Act. (b) Applicability.--Nothing in this Act-- (1) amends, modifies, or is in conflict with the Act of May 31, 1939 (53 Stat. 785, chapter 155); (2) authorizes the regulation of private land in the Heritage Area; (3) authorizes the imposition of any mandatory streamflow requirements; (4) creates an express or implied Federal reserved water right; (5) imposes any Federal water quality standard within or upstream of the Heritage Area that is more restrictive than would be applicable had the Heritage Area not been established; or (6) prevents the State of Texas from acquiring an instream flow through the Heritage Area under the terms, conditions, and limitations of State law to assist in protecting the natural environment to the extent and for the purposes authorized by State law. SEC. 9. EVALUATION REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the management entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. SEC. 11. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date that funds are first made available to carry out this Act.

Buffalo Bayou National Heritage Area Act - Establishes the Buffalo Bayou National Heritage Area in Texas. Designates the Buffalo Bayou National Heritage Area Corporation as the management entity for the Heritage Area. Requires the Corporation to submit a management plan for the Heritage Area. Requires the federal cost share of any activity carried out using assistance under this Act to be half of that activity's cost. Sets forth requirements for the approval or disapproval of the management plan by the Secretary of the Interior. Specifies this Act's effect on private property protections and water rights with regard to the Heritage Area. Bars anything in this Act from being meant as modifying the Rio Grande Natural Area Act.

A bill to establish the Buffalo Bayou National Heritage Area in the State of Texas, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Citizenship Should Count for Something Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Citizens Congressional Health Benefits Program (CCHBP). Sec. 3. Eligibility; enrollment. Sec. 4. Qualified health plans; benefits; premiums. Sec. 5. Government contribution. Sec. 6. Administration. Sec. 7. Definitions. SEC. 2. ESTABLISHMENT OF CITIZENS CONGRESSIONAL HEALTH BENEFITS PROGRAM (CCHBP). (a) In General.--There is established under this title a program (to be known as the ``Citizens Congressional Health Benefits Program'') to provide comprehensive health insurance coverage to Federal elected officials and to all other citizens who are not covered under the Federal Employees Health Benefits Program (FEHBP). The coverage shall be provided in a manner similar to the manner in which coverage has been provided to Members of Congress and Federal Government employees and retirees and their dependents under the Federal Employees Health Benefits Program (FEHBP). (b) Effective Date.--Benefits shall first be made available under this title for items and services furnished on or after January 1, 2010. (c) Non-Preemption of Existing Collective Bargaining Agreements.-- Nothing in this Act shall be construed as preempting any collective bargaining agreement that is in effect as of the date of the enactment of this Act, during the period in which such agreement is in effect (without regard to any extension of such agreement effected as such date of enactment). SEC. 3. ELIGIBILITY; ENROLLMENT. (a) Eligibility.-- (1) In general.--Each CCHBP-eligible individual (as defined in paragraph (2)) is eligible to enroll in accordance with this title in a qualified health plan offered under this title. (2) CCHBP-eligible individual defined.--For purposes of this title, the term ``CCHBP-eligible individual'' means elected Federal officials (including the President, Vice President, and Members of Congress) and any other individual residing in the United States who-- (A) is a citizen or national of the United States; and (B) is not enrolled under the Federal employees health benefits program under chapter 89 of title 5, United States Code. (3) Conforming elimination of fehbp eligibility for federal elected officials.--Effective for benefits for items and services furnished on or after January 1, 2010, section 8901 of title 5, United States Code, is amended-- (A) by striking subparagraphs (B) and (D); and (B) in the matter following subparagraph (J)-- (i) by striking ``or'' at the end of clause (iii); (ii) by striking the period at the end of clause (iv) and inserting ``; or''; and (iii) by adding at the end the following new clause: ``(v) the President, the Vice President, or a Member of Congress as defined in section 2106 of this title.''. (b) Enrollment.-- (1) In general.--The Director shall establish a process for CCHBP-eligible individuals to enroll in qualified health plans. Such process shall be based on the enrollment process used under FEHBP and shall provide for the dissemination of information to CCHBP-eligible individuals on qualified health plans being offered. (2) Changes in enrollment.--The Director shall establish enrollment procedures that include an annual open season and permit changes in enrollment with qualified health plans at other times (such as by reason of changes in marital or dependent status or eligibility). Such procedures shall be based on the enrollment procedures established under FEHBP. (3) Limitations.--CCHBP-eligible individuals may be enrolled in a qualified health plan under this title only during enrollment periods specified by the Director. (c) Treatment of Family Members.--Enrollment under this title includes both individual and family enrollment, in a manner similar to that provided under FEHBP. To the extent consistent with eligibility under subsection (a), the Director shall provide rules similar to the rules under FEHBP for the enrollment of family members who are CCHBP- eligible individuals in the same plan. (d) Changes in Plan Enrollment.--The Director shall provide for and permit changes in the qualified health plan in which an individual or family is enrolled under this section in a manner similar to the manner in which such changes are provided or permitted under FEHBP. The Director shall provide for termination of such enrollment for an individual at the time the individual is no longer an CCHBP-eligible individual. (e) Enrollment Guides.--The Director shall provide for the broad dissemination of information on qualified health plans offered under this title. Such information shall be provided in a comparative manner, similar to that used under FEHBP, and shall include information, collected through surveys of enrollees, on measures of enrollee satisfaction with the different plans. SEC. 4. QUALIFIED HEALTH PLANS; BENEFITS; PREMIUMS. (a) Offering of Plans.-- (1) Contracts.--The Director shall enter into contracts with entities for the offering of qualified health plans in accordance with this title. Such contracts shall be entered into in a manner similar to the process by which the Director is authorized to enter into contracts with health benefits plans under FEHBP. (2) Requirements for entities offering plans.--No such contract shall be entered into with an entity for the offering of a qualified health plan in a region unless the entity-- (A) is licensed as a health maintenance organization in that State or is licensed to sell group health insurance coverage in that State; and (B) meets such requirements, similar to requirements under FEHBP, as the Director may establish relating to solvency, organization, structure, governance, access, quality, and minimum loss-ratios. (b) FEHBP Scope of Benefits.-- (1) Comprehensive benefits.--Qualified health plans shall provide for the same scope and type of comprehensive benefits that have been provided under FEHBP, including the types of benefits described in section 8904 of title 5, United States Code and including benefits previously required by regulation or direction (such as preventive benefits, including childhood immunization and cancer screening, and mental health parity) under FEHBP. (2) No exclusion for pre-existing conditions.--Qualified health plans shall not impose pre-existing condition exclusions or otherwise discriminate against any enrollee based on the health status of such enrollee (including genetic information relating to such enrollee). (3) Other consumer protections.--Qualified health plans also shall meet consumer and patient protection requirements that the Director establishes, based on similar requirements previously imposed under FEHBP, including protections of patients' rights previously effected pursuant to Executive Memorandum. (4) Collective bargaining agreements.--Nothing in this Act shall be construed as preventing a collectively bargained agreement from providing coverage that is additional to, or supplementary of, benefits provided under this Act. (c) Community-Rated Premiums.-- (1) Application.--The premiums established for a qualified health plan under this title for individual or family coverage shall be community-rated and shall not vary based on gender, health status (including genetic information), or other factors. (2) Collection process.--The Director shall establish a process for the timely and accurate collection of premiums owed by enrollees, taking into account any Government contribution under section 5(a). Such process shall include methods for payment through payroll withholding, as well as payment through automatic debiting of accounts with financial institutions, and shall be coordinated with the application of section 59B of the Internal Revenue Code of 1986. (d) Marketing Practices and Costs.--The Director shall monitor marketing practices with respect to qualified health plans in order to assure-- (1) the accuracy of the information disseminated regarding such plans; and (2) that costs of marketing are reasonable and do not exceed a percentage of total costs that is specified by the Director and that takes into account costs of market entry for new qualified health plans. SEC. 5. GOVERNMENT CONTRIBUTION. (a) Amount Established Biannually by Congress.--The Director shall provide each year (beginning with 2010) for a contribution under this subsection towards the coverage provided under this title for CCHBP- eligible individuals. The amount of such contribution shall be determined biannually by Congress (b) Plan Payment.-- (1) In general.--The Director shall provide for payment of qualified health plans of the premiums for such plans, as adjusted under this subsection. (2) Risk adjusted payment.--The payment to a qualified health plan under this subsection shall be adjusted in a budget-neutral manner specified by the Director to reflect the actuarial risk of the enrollees in the plan compared to an average actuarial risk. (3) Reduction for administrative expenses and contingency reserve.--The Director may provide for a uniform percentage reduction in payment otherwise made to a qualified health plan under this subsection in order to provide for a contingency reserve and for Federal administrative costs in carrying out this title. SEC. 6. ADMINISTRATION. (a) Application of FEHBP Rules.-- (1) In general.--Except as otherwise provided in this title, the program under this title shall be administered in the same manner as FEHBP. (2) Specific provisions.--In carrying out this title, the Director pursuant to paragraph (1) shall provide for the following: (A) Approval and disapproval of plans as qualified health plans. (B) Negotiation of plan benefits (including cost- sharing) and plan premiums. (b) Duties.-- (1) In general.--The Director shall administer the program under this title. (2) Establishment of cchbp regions.--For purposes of carrying out this title, the Director shall divide the United States into, and establish, CCHBP regions. (c) Rulemaking.--The Director is authorized to issue such regulations as may be required to carry out this title. (d) Use of Regional and Field Offices.--The Director shall establish such regional and field offices as may be appropriate for the convenient and efficient administration of this title. (e) Coverage of Administration Costs.--The Director shall provide for the collection of administrative costs of offering coverage under this title from entities offering qualified health plans in the same manner as FEHBP provides for coverage of its administrative costs. (f) Contingency Reserves.-- (1) CCHBP contingency reserve.--The Director is authorized to establish and maintain a contingency reserve for purposes of carrying out this title and is authorized to impose under section 5(b)(3)(A) a premium surcharge of up to three percent in order to provide financing for such reserve. (2) Plan reserves.--A qualified health plan may establish contingency reserves, that are in addition to the reserve described in paragraph (1), in a manner similar to that permitted under FEHBP. SEC. 7. DEFINITIONS. For purposes of this Act: (1) The term ``CCHBP-eligible individual'' means an individual described in section 3(a)(2). (2) The term ``CCHBP region'' means a region as specified by the Director under section 6(c)(2). (3) The term ``Director'' means the Director of the Office of Personnel Management. (4) The term ``FEHBP'' means the program under chapter 89 of title 5, United States Code. (5) The term ``qualified health plan'' means such a plan offered under this title.

Citizenship Should Count for Something Act - Establishes the Citizens Congressional Health Benefits Program to provide comprehensive health insurance coverage to federal elected officials and to all other citizens who are not covered under the Federal Employees Health Benefits Program (FEHBP). Requires such coverage to be provided in a manner similar to the manner in which coverage has been provided under FEHBP. Eliminates eligibility of the President, Vice-President, and members of Congress for FEHBP. Requires the Director of the Office of Personnel Management (OPM) to: (1) establish a process for eligible individuals to enroll in qualified health plans; (2) provide for the dissemination of information on such plans; and (3) enter into contracts with entities to offer such plans. Requires qualified health plans to: (1) provide for the same scope and type of comprehensive benefits that have been provided under FEHBP; and (2) meet consumer and patient protections. Prohibits qualified health plans from imposing preexisting condition exclusions or otherwise discriminating against an enrollee based on health status. Requires premiums established for a qualified health plan to be community-rated and not vary based on gender, health status, or other factors. Requires the Director to: (1) establish a process for the collection of premiums owed by enrollees; (2) monitor marketing practices to assure the accuracy of information disseminated and reasonable costs for such marketing; and (3) provide for an annual contribution towards the coverage provided under this Act for eligible individuals. Authorizes the Director to establish a contingency reserve and to impose a premium surcharge to provide financing for such reserve.

To establish a Citizens Congressional Health Benefits Program, based on the Federal employees health benefits program, to provide health insurance coverage for the President, Vice President, and Members of Congress, and citizens not eligible for coverage under the Federal employees health benefits program.

SECTION 1. LAND OF PECHANGA BAND OF LUISENO MISSION INDIANS. (a) Limitation on Conveyance.--Land described in subsection (b) (or any interest in that land) shall not be voluntarily or involuntarily transferred or otherwise made available for condemnation until the date on which-- (1)(A) the Secretary of the Interior renders a final decision on the fee to trust application pending on the date of the enactment of this Act concerning the land; and (B) final decisions have been rendered regarding all appeals relating to that application decision; or (2) the fee to trust application described in paragraph (1)(A) is withdrawn. (b) Description of Land.--The land referred to in subsection (a) is land located in Riverside County, California, that is held in fee by the Pechanga Band of Luiseno Mission Indians, as described in Document No. 211130 of the Office of the Recorder, Riverside County, California, and recorded on May 15, 2001. (c) Rule of Construction.--Nothing in this section designates, or shall be used to construe, any land described in subsection (b) (or any interest in that land) as an Indian reservation, Indian country, Indian land, or reservation land (as those terms are defined under any Federal law (including a regulation)) for any purpose under any Federal law. SEC. 2. ELECTRICITY TRANSMISSION LINE RIGHT-OF-WAY, CLEVELAND NATIONAL FOREST. (a) Issuance.--The Secretary of the Interior and the Secretary of Agriculture shall issue all necessary grants, easements, permits, plan revisions or amendments, and other approvals to allow for the siting and construction of a high-voltage electricity transmission line right- of-way running approximately north to south through the Trabuco Ranger District of the Cleveland National Forest in the State of California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service. The right-of-way approvals shall provide all necessary Federal authorization from the Secretaries of Agriculture and the Interior for the routing, construction, operation, and maintenance of a 500 KV transmission line capable of meeting the region's long-term electricity transmission needs between the existing Valley-Serrano transmission line to the north and the Telega-Escondido transmission line to the south, and for connecting to future generating capacity that may be developed in the region. (b) Protection of Wilderness Areas.--The Secretary of the Interior and the Secretary of Agriculture shall not allow any portion of a transmission line right-of-way corridor identified in subsection (a) to enter any identified wilderness area in existence as of the date of the enactment of this Act. (c) Environmental and Administrative Review.--Nothing in this section shall affect the applicability of any environmental or administrative review required under other provision of laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 note) or the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). The Secretary of the Interior, acting through the Bureau of Land Management, shall be the lead Federal agency with overall responsibility to ensure completion of required environmental and other reviews of the approvals to be issued under subsection (a). For the portions of the corridor on Forest Service land, the Secretary of Agriculture shall complete all required environmental reviews and administrative actions, in coordination with the Secretary of the Interior. It is anticipated that the right-of-way route through the Trabuco Ranger District of the Cleveland National Forest will make it unnecessary to construct regional transmission lines through heavily populated lands in the Temecula Valley. (d) Time for Review and Issuance.--Any Federal agency that conducts or participates in any environmental or administrative review of the approvals to be issued under subsection (a) shall work expeditiously, and complete such review as soon as possible, taking full advantage of any ongoing governmental review processes for any similar or associated projects and proposals, and using all existing or ongoing studies, reports, and assessments to satisfy review requirements. The necessary grants, easements, permits, plan amendments and other approvals for the transmission line right-of-way shall be issued not later than 60 days after the completion of the administrative and environmental review under subsection (c) or March 31, 2004, whichever occurs first. (e) Preserving State Authority.--Nothing in this section shall affect the authority of the State of California in making any decision regarding the siting or public need for the transmission line described in subsection (a). (f) Other Terms and Conditions.--The transmission line right-of-way shall be subject to such terms and conditions as the Secretary of the Interior and the Secretary of Agriculture consider necessary, as a result of the environmental review under subsection (c), to protect the value of historic, cultural, tribal, and natural resources under the jurisdiction of the Department of the Interior or the Department of Agriculture.

Declares that specified lands held in fee by the Pechanga Band of Luiseno Mission Indians shall not be transferred or made available for condemnation until the Secretary of the Interior renders a final decision (and all appeals are exhausted) on the pending fee to trust application, or the application is withdrawn.Directs the Secretaries of the Interior and Agriculture (the "Secretaries") to issue the necessary grants, easements, permits, plan amendments, and other approvals to allow for the siting and construction of a high-voltage electricity transmission line in part of the Cleveland National Forest in California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service.Forbids any portion of the transmission line from entering any identified wilderness area.Assigns primary responsibility for completing the environmental and other reviews necessary for the implementation of this Act to the Secretary of the Interior, acting through the Bureau of Land Management. States that it is anticipated that this Act will make it unnecessary to construct regional transmission lines through heavily populated lands in the Temecula Valley.Subjects the right-of-way to such terms and conditions as the Secretaries set forth to protect historic, cultural, and natural resources under their respective jurisdictions.

To protect certain lands held in fee by the Pechanga Band of Luiseno Mission Indians from condemnation until a final decision is made regarding a pending fee to trust application for that land, to provide an environmentally sound process for the expeditious consideration and approval of an electricity transmission line right-of-way through the Trabuco Ranger District of the Cleveland National Forest and adjacent Federal lands, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Child Counts Act''. SEC. 2. ALTERNATE STANDARDS AND ASSESSMENTS FOR STUDENTS WITH THE MOST SIGNIFICANT COGNITIVE DISABILITIES. Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (1) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (B), by striking ``The'' and inserting ``Except as provided in subparagraph (G), the''; and (ii) by adding at the end the following: ``(G) Alternate academic achievement standards for students with the most significant cognitive disabilities.-- ``(i) In general.--The State may, through a documented and validated standards-setting process, adopt alternate academic achievement standards in any subject included in the State's accountability system under paragraph (2) for students with the most significant cognitive disabilities, if such alternate academic achievement standards-- ``(I) are aligned with the State challenging academic content standards and challenging student academic achievement standards; ``(II) provide access to the general curriculum for the grade in which the student is enrolled; ``(III) are vertically aligned to ensure that a student who achieves at the on-target or advanced level under subclause (VI) signifies that the student is on track to access a postsecondary education or achieve competitive integrated employment, as defined under section 3 of the Workforce Innovation and Opportunity Act (Public Law 113-128; 128 Stat. 1425); ``(IV) are supported by evidence- based learning progressions to age and grade-level performance; ``(V) are designated in the individualized education program developed under section 614(d)(3) of the Individuals with Disabilities Education Act for each such student as the academic achievement standard that will be used for the student; and ``(VI) establish, at a minimum-- ``(aa) 2 levels of high achievement (on-target and advanced) that indicate that a student with the most significant cognitive disabilities meets or exceeds the State's proficient level of academic achievement under paragraph (2)(L) as measured by performance on alternate assessments under paragraph (3)(E); and ``(bb) a third level of achievement (catch-up) that provides information about the progress of a student with the most significant cognitive disabilities toward meeting the State's proficient level of academic achievement under paragraph (2)(L) as measured by performance on alternate assessments under paragraph (3)(E). ``(ii) Prohibition on any other alternate or modified standards.--A State shall not develop, or implement for use, under this part any alternate or modified academic achievement standards for students who are children with disabilities that are not alternate academic achievement standards that meet the requirements of clause (i).''; (B) in paragraph (2), by adding at the end the following: ``(L) Students with the most significant cognitive disabilities.--In determining the percentage of students meeting or exceeding the State's proficient level of academic achievement on the State assessments, a State educational agency may include, for all schools in the State, the performance of the State's students with the most significant cognitive disabilities on alternate assessments as described in paragraph (3)(E) in the subjects included in the State's accountability system, consistent with the 1 percent limitation of paragraph (3)(E)(i).''; (C) in paragraph (3), by adding at the end the following: ``(E) Alternate assessments for students with the most significant cognitive disabilities.--A State may provide alternate assessments that are aligned with alternate academic achievement standards described in paragraph (1)(G) for students with the most significant cognitive disabilities, if the State-- ``(i) ensures that for each subject, the total number of students in each grade level assessed in such subject using the alternate assessments does not exceed 1 percent of the total number of all students in such grade level in the State who are assessed in such subject; ``(ii) certifies, consistent with section 612(a)(16)(A) of the Individuals with Disabilities Education Act, that the State's regular academic assessments are universally designed to be accessible to students, including students with sensory, physical, and intellectual disabilities, through the provision of accommodations that produce valid results; and ``(iii) ensures that such alternate assessments are peer reviewed and based on the best available evidence.''; and (2) in subsection (h)(1)(C)-- (A) in clause (vii), by striking ``and'' after the semicolon; (B) in clause (viii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(ix) the number and percentage of students with disabilities who take an alternate assessment under subsection (b)(3)(E), by grade, subject, and type of disability, as outlined in section 602(3) of the Individuals with Disabilities Education Act.''.

Every Child Counts Act Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to allow states to establish alternate academic achievement standards and assessments for students who have the most significant cognitive disabilities. Requires the alternate standards to meet certain conditions, including that they: are aligned with the state's challenging academic content and achievement standards; provide access to the general curriculum for the grade in which the student is enrolled; and establish, at a minimum, two levels of achievement (on-target and advanced) that indicate that a student meets or exceeds the state's proficient level of academic achievement; and establish, at a minimum, a third level of achievement (catch-up) that provides information about a student's progress toward proficiency. Requires each state using alternate assessments to ensure that: (1) not more than 1% of the total number of all students in each grade level in the state who are assessed in a subject are assessed using the alternate assessments, (2) the state's regular academic assessments remain accessible to all students, and (3) the alternate assessments are peer reviewed and based on the best available evidence. Allows each state to count students who are determined to be proficient using such alternate assessments in its determination of the percentage of the state's students who are meeting or exceeding the state's academic content and achievement standards. Requires states' annual report cards to: (1) include the number and percentage of disabled students who take the alternate assessments; and (2) break that information down by grade, subject matter, and disability type.

Every Child Counts Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Control Act of 2010''. SEC. 2. ESTABLISHMENT. There is established an independent commission to be known as the ``Grace Commission II''. SEC. 3. DUTIES OF COMMISSION. The duties of the Commission shall be-- (1) to conduct reviews in accordance with section 7; and (2) to submit reports in accordance with section 8. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of eight members appointed by the President, by and with the advice and consent of the Senate. (2) Nominations.--Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Senate nominations for appointment to the Commission. (3) Consultation.--In selecting individuals for nominations for appointments to the Commission, the President shall consult with-- (A) the Speaker of the House of Representatives concerning the appointment of three members; (B) the majority leader of the Senate concerning the appointment of three members; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Chairman.--The Chairman of the Commission shall be designated by the President at the time of nomination of members of the Commission. (e) Basic Pay.-- (1) Rates of pay.-- (A) In general.--Except as provided in paragraph (2), each member, other than the Chairman, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (B) Chairman.--The Chairman shall be paid for each day referred to in subparagraph (A) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (C) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Quorum.--Five members of the Commission shall constitute a quorum but a lesser number may hold hearings. (g) Meetings.--The Commission shall meet at the call of the Chairman. SEC. 5. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall have a Director who shall be appointed by the Commission. The Director shall be paid at the rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) Staff.-- (1) In general.--With the approval of the Commission, the Director may appoint and fix the pay of personnel as the Director considers appropriate. (2) Applicability of certain civil service laws.--The Director may appoint the personnel of the Commission without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and any personnel so appointed may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of basic pay for GS-18 of the General Schedule. (3) Staff of federal agencies.--Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (c) Experts and Consultants.--The Commission may procure by contract temporary and intermittent services under section 3109(b) of title 5, United States Code. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Contract Authority.--The Commission may contract with and compensate Government and private agencies or persons for products and services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. COST CONTROL REVIEWS. (a) In General.--In preparation for submitting reports as required under section 8, the Commission shall conduct, every two years, a review of cost control in the Federal Government with respect to improving management and reducing costs. (b) Agency Studies.--In conducting a review under this section, the Commission shall conduct in-depth studies of the operations of the Executive agencies as a basis for evaluating potential improvements in agency operations. (c) Recommendations.--In conducting a review under this section, the Commission shall develop recommendations in the following areas: (1) Opportunities for increased efficiency and reduced costs in the Federal Government that can be realized by Executive action or legislation. (2) Areas where managerial accountability can be enhanced and administrative control can be improved. (3) Opportunities for managerial improvements over both the short- and long-term. (4) Specific areas where further study can be justified by potential savings. (5) Ways to reduce governmental expenditures and indebtedness and improve personnel management. SEC. 8. REPORTS. (a) Interim Reports.--Not later than 180 days before the date on which the Commission is required to submit a final report under subsection (b), the Commission shall submit to Congress and the President an interim report containing the preliminary results of the review being conducted under section 7 related to that final report. (b) Final Reports.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act, and every two years thereafter until the date on which the Commission submits its third final report under this paragraph, the Commission shall submit to Congress and the President a final report containing a detailed statement of the findings and conclusions of the Commission based on the most recent review conducted under section 7, together with its recommendations for legislative and administrative actions, and other matters the Commission considers appropriate. (2) Proposed legislation.--The Commission shall include in a final report submitted under paragraph (1) proposed legislation in the form of an implementation bill to carry out recommendations developed under section 7(c). (3) Limitation.--The Commission may include in a report submitted under this section proposed legislation under paragraph (2) only if such proposed legislation is agreed to by not fewer than five of the members of the Commission. SEC. 9. CONGRESSIONAL CONSIDERATION OF PROPOSED LEGISLATION. (a) Introduction; Referral; Report or Discharge.-- (1) Introduction.--On the first calendar day on which both Houses are in session on or immediately following the date on which a final report is submitted to Congress under section 8(b), the implementation bill included in such report shall be introduced (by request)-- (A) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate; and (B) in the House of Representatives by the majority leader of the House of Representatives, for himself and the minority leader of the House of Representatives, or by Members of the House of Representatives designated by the majority leader and minority leader of the House of Representatives. (2) Referral.--An implementation bill introduced under paragraph (1) shall be referred to any appropriate committee of jurisdiction in the Senate and any appropriate committee of jurisdiction in the House of Representatives. A committee to which an implementation bill is referred under this paragraph may report such bill to the respective House, but only without amendment. (3) Report or discharge.--If a committee to which an implementation bill is referred has not reported such bill by the end of the 15th calendar day after the date of the introduction of such bill, such committee shall be immediately discharged from further consideration of such bill, and upon being reported or discharged from the committee, such bill shall be placed on the appropriate calendar. (b) Floor Consideration.-- (1) In general.--When the committee to which an implementation bill is referred has reported the bill, or has been discharged from further consideration of the bill under subsection (a)(3), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the implementation bill, and all points of order against the implementation bill (and against consideration of the implementation bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the implementation bill is agreed to, the implementation bill shall remain the unfinished business of the respective House until disposed of. (2) Amendments.--An implementation bill may not be amended in the Senate or the House of Representatives. (3) Debate.--Debate on the implementation bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the implementation bill is not in order. A motion to reconsider the vote by which the implementation bill is agreed to or disagreed to is not in order. (4) Vote on final passage.--Immediately following the conclusion of the debate on an implementation bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the implementation bill shall occur. (5) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to an implementation bill shall be decided without debate. (c) Coordination With Action by Other House.--If, before the passage by one House of an implementation bill of that House, that House receives from the other House an implementation bill, then the following procedures shall apply: (1) Nonreferral.--The implementation bill of the other House shall not be referred to a committee. (2) Vote on bill of other house.--With respect to an implementation bill of the House receiving the implementation bill-- (A) the procedure in that House shall be the same as if no implementation bill had been received from the other House; but (B) the vote on final passage shall be on the implementation bill of the other House. (d) Rules of the Senate and the House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of an implementation bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 10. TERMINATION. The Commission shall terminate on the date that is one day after the date on which it submits its third final report under section 8(b). SEC. 11. DEFINITIONS. In this Act, the following definitions apply: (1) Calendar day.--The term ``calendar day'' means a calendar day other than one on which either House is not in session because of an adjournment of more than 3 days to a date certain. (2) Commission.--The term ``Commission'' means the Grace Commission II established by section 2. (3) Implementation bill.--The term ``implementation bill'' means only a bill that is introduced as provided under section 9(a), and contains the proposed legislation described in section 8(b)(2), without modification. (4) Member.--The term ``member'' means a member of the Commission appointed under section 4(a)(1).

Spending Control Act of 2010 - Establishes the Grace Commission II to conduct a review of cost control in the federal government every two years with respect to improving management and reducing costs. Directs the Commission to conduct in-depth studies to evaluate potential improvements in the operations of executive agencies and to develop recommendations regarding: (1) opportunities for increased efficiency and reduced costs that can be realized by executive action or legislation; (2) areas where managerial accountability can be enhanced and administrative control can be improved; (3) opportunities for managerial improvements over the short and long terms; (4) specific areas where further study can be justified by potential savings; and (5) ways to reduce governmental expenditures and indebtedness and improve personnel management. Requires the Commission to submit final reports within 18 months after enactment of this Act and every two years thereafter until it submits its third final report. Requires such reports to contain the Commission's findings, conclusions, and recommendations for legislative and administrative actions and proposed legislation to carry out those recommendations. Sets forth congressional procedures for considering such legislation.

A bill to establish the Grace Commission II to review and make recommendations regarding cost control in the Federal Government, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Technical Corrections Act of 2010''. SEC. 2. TECHNICAL CORRECTIONS RELATING TO AMENDMENTS MADE BY PUBLIC LAW 109-8. (a) Title 11 of the United States Code.--Title 11 of the United States Code is amended-- (1) in section 101-- (A) in paragraph (13A)-- (i) in subparagraph (A) by inserting ``if used as the principal residence by the debtor'' after ``structure'' the 1st place it appears, and (ii) in subparagraph (B) by inserting ``if used as the principal residence by the debtor'' before the period at the end, (B) in paragraph (35) by striking ``(23) and (35)'' and inserting ``(21B) and (33)(A)'', (C) in paragraph (40B) by striking ``written document relating to a patient or a'' and inserting ``record relating to a patient, including a written document or a'', (D) in paragraph (42) by striking ``303, and 304'' and inserting ``303 and 1504'', (E) in paragraph (51B) by inserting ``thereto'' before the period at the end, and (F) in paragraph (51D) by inserting ``of the filing'' after ``date'' the 1st place it appears, (2) in section 103(a) by striking ``362(n)'' and inserting ``362(o)'', (3) in section 105(d)(2) by inserting ``may'' after ``Procedure,'', (4) in section 106(a)(1) by striking ``728,'', (5) in section 107(a) by striking ``subsection (b) of this section'' and inserting ``subsections (b) and (c)'', (6) in section 109-- (A) in subsection (b)(3)(B) by striking ``1978'' and inserting ``1978)'', and (B) in subsection (h)(1)-- (i) by inserting ``other than paragraph (4) of this subsection'' after ``this section'', and (ii) by striking ``preceding'' and inserting ``ending on'', (7) in section 110-- (A) in subsection (b)(2)(A) by inserting ``or on behalf of'' after ``from'', and (B) in subsection (h)-- (i) in the last sentence of paragraph (1)-- (I) by striking ``a'' and inserting ``the'', and (II) by inserting ``or on behalf of'' after ``from'', (ii) in paragraph (3)(A)-- (I) by striking ``found to be in excess of the value of any services'', and (II) in clause (i) by inserting ``found to be in excess of the value of any services'' after ``(i)'', and (iii) in paragraph (4) by striking ``paragraph (2)'' and inserting ``paragraph (3)'', (8) in section 111(d)(1)(E)-- (A) by striking the period at the end and insert ``; and'', and (B) by indenting the left margin of such subparagraph 2 additional ems to the right, (9) in section 303 by redesignating subsection (l) as subsection (k), (10) in section 308(b)-- (A) by striking ``small business debtor'' and inserting ``debtor in a small business case'', and (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) by striking ``(A)'', and (II) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, (ii) in subparagraph (B)-- (I) by striking ``(B)'' and inserting ``(5)'', (II) by striking ``subparagraph (A)(i)'' and inserting ``paragraph (4)(A)'', and (III) by striking ``subparagraph (A)(ii)'' and inserting ``paragraph (4)(B)'', (iii) by redesignating subparagraph (C) as paragraph (6), and (11) in section 348-- (A) in subsection (b)-- (i) by striking ``728(a), 728(b),'', and (ii) by striking ``1146(a), 1146(b),'', and (B) in subsection (f)(1)(C)(i) by inserting ``of the filing'' after ``date'', (12) in section 362-- (A) in subsection (a)(8)-- (i) by striking ``corporate debtor's'', and (ii) by inserting ``of a debtor that is a corporation'' after ``liability'' the 1st place it appears, (B) in subsection (c)-- (i) in paragraph (3), in the matter preceding subparagraph (A), by inserting ``a'' after ``against'', and (ii) in paragraph (4)(A)(i) by inserting ``under a chapter other than chapter 7 after dismissal'' after ``refiled'', (C) in subsection (d)(4) by striking ``hinder, and'' and inserting ``hinder, or'', and (D) in subsection (l)(2) by striking ``nonbankrupcty'' and inserting ``nonbankruptcy'', (13) in section 363(d)-- (A) in the matter preceding paragraph (1) by striking ``only'', (B) by amending paragraph (1) to read as follows: ``(1) in the case of a debtor that is a corporation or trust that is not a moneyed business, commercial corporation, or trust, only in accordance with nonbankruptcy law applicable to the transfer of property by a debtor that is such a corporation or trust; and'', and (C) in paragraph (2) by inserting ``only'' after ``(2)'', (14) in section 505(a)(2)(C) by striking ``any law (other than a bankruptcy law)'' and inserting ``applicable nonbankruptcy law'', (15) in section 507(a)(8)(A)(ii) by striking the period at the end and inserting ``; or'', (16) in section 521(a)-- (A) in paragraph (2)-- (i) in subparagraph (A)-- (I) by striking ``the debtor shall'', and (II) by adding ``and'' at the end, (ii) in subparagraph (B)-- (I) by striking ``the debtor shall'', and (II) by striking ``and'' at the end, and (iii) in subparagraph (C) by striking ``(C)'' and inserting the following: ``except that'', and (B) in paragraphs (3) and (4) by inserting ``is'' after ``auditor'', (17) in section 522-- (A) in subsection (b)(3)(A)-- (i) by striking ``at'' the 1st place it appears and inserting ``to'', and (ii) by striking ``at'' the 2d place it appears and inserting ``in'', and (B) in subsection (c)(1) by striking ``section 523(a)(5)'' and inserting ``such paragraph'', (18) in section 523(a)-- (A) in paragraph (2)(C)(ii)(II) by striking the period at the end and inserting a semicolon, and (B) in paragraph (3) by striking ``521(1)'' and inserting ``521(a)(1)'', (19) in section 524(k)-- (A) in the last undesignated paragraph of the quoted matter in paragraph (3)(J)(i)-- (i) by striking ``security property'' the 1st place it appears and inserting ``property securing the lien'', (ii) by striking ``current value of the security property'' and inserting ``amount of the allowed secured claim'', and (iii) in the last sentence by inserting ``must'' after ``you'', and (B) in paragraph (5)(B) by striking ``that'' and inserting ``that,'', (20) in section 526(a)-- (A) in paragraph (2) by striking ``untrue and'' and inserting ``untrue or'', and (B) in paragraph (4) by inserting ``a'' after ``preparer'', (21) in the 3d sentence of the 4th undesignated paragraph of the quoted matter in section 527(b), by striking ``Schedules and Statement of Financial Affairs, as well as in some cases a Statement of Intention'' and inserting ``Schedules, and Statement of Financial Affairs, and in some cases a Statement of Intention,'', (22) in section 541(b)(6)(B) by striking ``section 529(b)(7)'' and inserting ``section 529(b)(6)'', (23) in section 554(c) by striking ``521(1)'' and inserting ``521(a)(1)'', (24) in section 704(a)(3) by striking ``521(2)(B)'' and inserting ``521(a)(2)(B)'', (25) in section 707-- (A) in subsection (a)(3) by striking ``521'' and inserting ``521(a)'', and (B) in subsection (b)-- (i) in paragraph (2)(A)(iii)(I) by inserting ``of the filing'' after ``date'', and (ii) in paragraph (3) by striking ``subparagraph (A)(i) of such paragraph'' and inserting ``paragraph (2)(A)(i)'', (26) in section 723(c) by striking ``Notwithstanding section 728(c) of this title, the'' and inserting ``The'', (27) in section 724(b)(2)-- (A) by striking ``507(a)(1)'' and inserting ``507(a)(1)(C) or 507(a)(2)'', (B) by inserting ``under each such section'' after ``expenses'' the 1st place it appears, (C) by striking ``chapter 7 of this title'' and inserting ``this chapter'', and (D) by striking ``507(a)(2),'' and inserting ``507(a)(1)(A), 507(a)(1)(B),'', (28) in section 726(b) by striking ``or (8)'' and inserting ``(8), (9), or (10)'', (29) in section 901(a)-- (A) by inserting ``333,'' after ``301,'', and (B) by inserting ``351,'' after ``350(b)'', (30) in section 1104-- (A) in subsection (a) (i) in paragraph (1) by inserting ``or'' at the end, (ii) in paragraph (2) by striking ``; or'' and inserting a period, and (iii) by striking paragraph (3), and (B) in subsection (b)(2)(B)(ii) by striking ``subsection (d)'' and inserting ``subsection (a)'', (31) in section 1106(a)-- (A) in paragraph (1) by striking ``704'' and inserting ``704(a)'', and (B) in paragraph (2) by striking ``521(1)'' and inserting ``521(a)(1)'', (32) in section 1111(a) by striking ``521(1)'' and inserting ``521(a)(1)'', (33) amending section 1112-- (A) in subsection (b)-- (i) by amending paragraph (1) to read as follows: ``(1) Except as provided in paragraph (2) and subsection (c), on request of a party in interest, and after notice and a hearing, the court shall convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter, whichever is in the best interests of creditors and the estate, for cause unless the court determines that the appointment under section 1104(a) of a trustee or an examiner is in the best interests of creditors and the estate.'', and (ii) in paragraph (2)-- (I) by striking the matter preceding subparagraph (A) and inserting the following: ``(2) The court may not convert a case under this chapter to a case under chapter 7 or dismiss a case under this chapter if the court finds and specifically identifies unusual circumstances establishing that converting or dismissing the case is not in the best interests of creditors and the estate, and the debtor or any other party in interest establishes that--'', and (II) in subparagraph (B) by striking ``granting such relief'' and inserting ``converting or dismissing the case'', and (B) in subsection (e) by striking ``521'' and inserting ``521(a)'', (34) in section 1127(f)(1) by striking ``subsection (a)'' and inserting ``subsection (e)'', (35) in section 1129(a)(16) by striking ``of the plan'' and inserting ``under the plan'', (36) in section 1141(d)(5)-- (A) in subparagraph (B)-- (i) in clause (i) by striking ``and'' at the end; and (ii) by adding at the end the following: ``(iii) subparagraph (C) permits the court to grant a discharge; and'', and (B) in subparagraph (C) -- (i) by striking ``unless'' and inserting ``the court may grant a discharge if,'', (ii) in clause (ii) by striking the period at the end and inserting a semicolon, and (iii) by adding at the end the following: ``and if the requirements of subparagraph (A) or (B) are met.'', (37) in section 1145(b) by striking ``2(11)'' each place it appears and inserting ``2(a)(11)'', (38) in section 1202(b)-- (A) in paragraph (1) by striking ``704(2), 704(3), 704(5), 704(6), 704(7), and 704(9)'' and inserting ``704(a)(2), 704(a)(3), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)'', and (B) in paragraph (5) by striking ``704(8)'' and inserting ``704(a)(8)'', (39) in section 1302(b)(1) by striking ``704(2), 704(3), 704(4), 704(5), 704(6), 704(7), and 704(9)'' and inserting ``704(a)(2), 704(a)(3), 704(a)(4), 704(a)(5), 704(a)(6), 704(a)(7), and 704(a)(9)'', (40) in section 1304(c) by striking ``704(8)'' and inserting ``704(a)(8)'', (41) in section 1307-- (A) in subsection (c)-- (i) by striking ``subsection (e)'' and inserting ``subsection (f)'', (ii) in paragraph (9) by striking ``521'' and inserting ``521(a)'', and (iii) in paragraph (10) by striking ``521'' and inserting ``521(a)', and (B) in subsection (d) by striking ``subsection (e)'' and inserting ``subsection (f)'', (42) in section 1308(b)(2)-- (A) in subparagraph (A) by striking ``paragraph (1)'' and inserting ``paragraph (1)(A)'', (B) in subparagraph (B) by striking ``paragraph (2)'' and inserting ``paragraph (1)(B)'', and (C) by striking ``this subsection'' each place it appears and inserting ``paragraph (1)'', (43) in section 1322(a)-- (A) by striking ``shall'' the 1st place it appears, (B) in paragraph (1) by inserting ``shall'' after ``(1)'', (C) in paragraph (2) by inserting ``shall'' after ``(2)'', (D) in paragraph (3) by inserting ``shall'' after ``claims,'', and (E) in paragraph (4) by striking ``a plan'', (44) in section 1325-- (A) in the last sentence of subsection (a) by inserting ``period'' after ``910-day'', and (B) in subsection (b)(2)(A)(ii) by striking ``548(d)(3)'' and inserting ``548(d)(3))'', (45) in the heading of section 1511 by inserting ``, 302,'' after ``301'', (46) in section 1519(f) by striking ``362(n)'' and inserting ``362(o)'', (47) in section 1521(f) by striking ``362(n)'' and inserting ``362(o)'', (48) in section 1529(1) by inserting ``is'' after ``States'', (49) in the table of sections of chapter 3, by striking the item relating to section 333 and inserting the following: ``333. Appointment of patient care ombudsman.'', and (50) in the table of sections of chapter 5, by striking the item relating to section 562 and inserting the following: ``562. Timing of damage measure in connection with swap agreements, securities contracts, forward contracts, commodity contracts, repurchase agreements, and master netting agreements.''. (b) Title 18 of the United States Code.--Section 157 of title 18, United States Code is amended-- (1) in paragraph (1) by striking ``bankruptcy'', and (2) in paragraphs (2) and (3) by striking ``, including a fraudulent involuntary bankruptcy petition under section 303 of such title''. (c) Title 28 of the United States Code.-- (1) Amendment relating to appeals.--Section 158(d)(2)(D) of title 28 of the United States Code is amended by striking ``appeal in'' and inserting ``appeal is''. (2) Amendment relating to bankruptcy statistics.--Section 159(c)(3)(H) of title 28 of the United States Code is amended by inserting ``the'' after ``against''. (3) Technical amendments.--Section 586(a) of title 28 of the United States Code is amended-- (A) in paragraph (3)(A)(ii) is amended by striking the period at the end and inserting a semicolon, (B) in paragraph (7)(C) by striking ``identify'' and inserting ``determine'', and (C) in paragraph (8) by striking ``the United States trustee shall''. SEC. 3. TECHNICAL CORRECTION TO PUBLIC LAW 109-8. Section 1406(b)(1) of Public Law 109-8 is amended by striking ``cept'' and inserting ``Except''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Bankruptcy Technical Corrections Act of 2010 - Makes technical corrections to federal bankruptcy law, relating to amendments made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, with respect to: (1) the power of the court; (2) waiver of sovereign immunity; (3) public access to papers; (4) who may be a debtor; (5) penalties for fraudulent or negligent preparation of bankruptcy petitions; (6) debtor reporting requirements; (7) automatic stay; (8) case administration; (9) determination of tax liability; (10) priorities of creditors and claims; (11) debtor's duties; (12) exceptions to a discharge; (13) restrictions on debt relief agencies; (14) property of the estate; (15) abandonment of property of the estate; (16) treatment of certain liens; and (17) conversion or dismissal. Makes technical corrections to the federal criminal code relating to bankruptcy fraud. Makes technical corrections to the federal judicial code relating to appeals and to bankruptcy statistics.

To amend title 11 of the United States Code to make technical corrections; and for related purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Security Education Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) Improving financial literacy is a critical and complex task for Americans of all ages. (2) Low levels of savings and high levels of personal and real estate debt are serious problems for many households nearing retirement. Personal savings rates have fallen to a dangerously low 2 percent. (3) Approximately half of working Americans have any form of pension coverage. Today, just 21 percent of workers have defined benefit coverage and just 27 percent of workers are enrolled in 401(k)s. (4) Because women have longer life expectancies, the number of poor older women is more than twice the number of poor older men. Studies have also found that there is a substantial gender gap in all sources of retirement income including Social Security, pensions, savings and earnings from post-retirement employment. (5) The more limited timeframe that mid-life and older individuals and families have to assess the realities of their individual circumstances, to recover from counter-productive choices and decision-making processes, and to benefit from more informed financial practices, has immediate impact and near term consequences for Americans nearing or of retirement age. (6) Research indicates that there are now 4 basic sources of retirement income security. Those sources are social security benefits, pensions and savings, healthcare insurance coverage, and, for an increasing number of older individuals, necessary earnings from working during ``retirement'' years. (7) The Congressional Budget Office has found that about a quarter of baby-boomer households have so far failed to accumulate significant savings and that they appear likely to depend entirely on government benefits in retirement. (8) Over the next 30 years, the number of older individuals in the United States is expected to double, from 35,000,000 to nearly 75,000,000, and long-term care costs are expected to skyrocket. (9) Over the next 25 years, the number of individuals over 65 years of age requiring long term care services is expected to double to approximately 12 million. (10) Fraud against older individuals, including telemarketing schemes, predatory lending, identity theft and Internet fraud has risen dramatically. SEC. 3. GRANT PROGRAM TO ENHANCE FINANCIAL AND RETIREMENT LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD AMONG MID-LIFE AND OLDER AMERICANS. (a) Authority.--The Secretary is authorized to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to-- (1) enhance and promote knowledge of financial issues, long-term care, and retirement issues among such individuals; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among such individuals. (b) Eligible Entities.--An entity is eligible to receive a grant under this section if such entity is-- (1) a State agency or area agency on aging; or (2) a non-profit organization organized under section 501(c)(3) of the Internal Revenue Code with a proven record of providing-- (A) services to mid-life and older individuals; (B) consumer awareness programs; or (C) supportive services to low-income families. (c) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary may require, including a plan for continuing the programs provided with grant funds under this section after the grant expires. (d) Limitation on Administrative Costs.--A recipient of a grant under this section may not use more than 4 percent of the total amount of the grant in each fiscal year for the administrative costs of carrying out the programs provided with grant funds under this section. (e) Evaluation and Report.-- (1) Establishment of performance measures.--The Secretary shall develop measures to evaluate the programs provided with grant funds under this section. (2) Evaluation according to performance measures.--Applying the performance measures developed under paragraph (1), the Secretary shall evaluate the programs provided with grant funds under this section in order to-- (A) judge the performance and effectiveness of such programs; (B) identify which programs represent the best practices of entities developing such programs for mid- life and older individuals; and (C) identify which programs may be replicated. (3) Annual reports.--For each fiscal year in which a grant is awarded under this section, the Secretary shall submit a report to Congress containing a description of the status of the grant program under this section, a description of the programs provided with grant funds under this section, and the results of the evaluation of such programs under paragraph (2). SEC. 4. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM. (a) Authority.--The Secretary is authorized to award a grant to 1 or more eligible entities to-- (1) create and make available instructional materials and information that promote financial education; and (2) provide training and other related assistance regarding the establishment of financial education programs to eligible entities awarded a grant under section 3. (b) Eligible Entities.--An entity is eligible to receive a grant under this section if such entity is a nonprofit organization organized under Section 501(c)(3) of the Internal Revenue Code with substantial experience in the field of financial education. (c) Application.--An eligible entity desiring a grant under this section shall submit an application to the Secretary in such form and containing such information as the Secretary may require. (d) Basis and Term.--The Secretary shall award a grant under this section on a competitive, merit basis. SEC. 5 SENSE OF CONGRESS. It is the sense of Congress that, in providing assistance under this Act, the Secretary should place a high priority on the provision of such assistance to organizations that have demonstrated experience in providing financial education to older women. SEC. 6. DEFINITIONS. In this Act: (1) area agency on aging.--The term ``area agency on aging'' has the meaning given such term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). (2) Financial education.--The term ``financial education'' means education that promotes an understanding of consumer, economic, and personal finance concepts, including saving for retirement, long-term care, and estate planning and education on predatory lending, identity theft, and financial abuse schemes. (3) Mid-life individual.--The term ``mid-life individual'' means an individual aged 45 to 64 years. (4) Older individual.--The term ``older individual'' means an individual aged 65 or older. (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (6) State agency.--The term ``State agency'' has the meaning given such term in section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There is authorized to be appropriated to carry out this Act, $100,000,000 for each of the fiscal years 2006 through 2010. (b) Limitation on Funds for Evaluation and Report.--The Secretary may use to carry out section 3(e) not more than $200,000 of the amount appropriated under subsection (a) for each fiscal year. (c) Limitation on Funds for Training and Technical Assistance.--The Secretary shall use to carry out section 4 not less than 5 percent, and not more than 10 percent, of the amount appropriated under subsection (a) for each fiscal year.

Retirement Security Education Act of 2005 - Authorizes the Secretary of Health and Human Services to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance their financial and retirement knowledge; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among them. Authorizes the Secretary to award a grant to one or more eligible entities to: (1) create and make available instructional materials and information that promote financial education; and (2) provide training and other related assistance regarding the establishment of financial education programs. Expresses the sense of Congress that organizations with demonstrated experience in providing financial education to older women should receive high priority for assistance under this Act.

To establish a grant program to enhance the financial and retirement literacy of mid-life and older Americans and to reduce financial abuse and fraud among such Americans, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Protective Service Reform and Enhancement Act''. SEC. 2. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE. (a) Authorization.--Title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following: ``Subtitle E--Federal Protective Service ``SEC. 241. AUTHORIZATION OF FEDERAL PROTECTIVE SERVICE. ``(a) Authorization.--There shall be in the Department the Federal Protective Service. ``(b) Director.--There shall be a Director of the Federal Protective Service, who shall report to the Under Secretary responsible for critical infrastructure protection. ``(c) Duties and Authorities of the Director.-- ``(1) In general.--The Director shall be responsible for the management and administration of the Federal Protective Service and the employees and programs of the Federal Protective Service. ``(2) Mission.--The Director shall endeavor to secure all facilities and surrounding Federal property under the protection of the Federal Protective Service, and safeguard all occupants thereof, including Federal employees, officers, and visitors. ``(3) Enforcement policy.--The Director shall establish and direct the implementation of the policies of the Federal Protective Service, and advise the Under Secretary responsible for critical infrastructure protection on policy matters relating to the protection of facilities. ``(4) Training.--The Director shall establish a training program for all employees of the Federal Protective Service, and all security guards hired by the Federal Protective Service by contract, with responsibilities for carrying out the mission of the Director under paragraph (2). ``(5) Personnel.--The Director shall make recommendations for staffing and training necessary to ensure security for Federal facilities protected by the Federal Protective Service. ``(6) Information sharing.--The Director shall ensure effective coordination and liaison with other Federal law enforcement agencies and State and local law enforcement agencies regarding threats to facilities protected by the Federal Protective Service and shall share information and intelligence regarding such threats in a timely manner through the Regional Information Sharing Plan and the Homeland Secure Data Network. ``(7) Security assessments.--The Director shall-- ``(A) conduct a security risk assessment for each Federal facility protected by the Federal Protective Service; and ``(B) inspect and patrol such facilities on a recurring basis for the purpose of detecting and determining terrorist or criminal activity and determining compliance with Federal security standards and making appropriate risk mitigation recommendations to devalue any such facility as a terrorist target. ``(8) Emergency preparedness assistance.--The Director shall-- ``(A) ensure each facility protected by the Federal Protective Service has adequate plans for emergency situations; ``(B) provide technical assistance to agencies that are the tenant of a facility protected by the Federal Protective Service in developing plans described in subparagraph (A); and ``(C) ensure plans described in subparagraph (A) are carried out using standards established by the Interagency Security Committee. ``(9) Security countermeasures.--The Director shall ensure and supervise the effective design, installation, maintenance, and operation of security countermeasures (including contract guards, electronic physical security systems, and weapons and explosives screening devices) for facilities protected by the Federal Protective Service. ``(10) Suitability of guards.--The Director shall ensure that-- ``(A) background investigations are conducted for contract guards and building service contractors employed at facilities protected by the Federal Protective Service; and ``(B) each contract guard and building service contractor is suitable for work in a facility protected by the Federal Protective Service before being granted unescorted or recurring access. ``(11) Terrorism prevention.--The Secretary shall ensure security personnel are provided training in terrorism prevention, including dispatching of canine bomb detection teams. ``(d) Risk Management.--The Under Secretary of the Department who is responsible for critical infrastructure protection shall manage risk by utilizing and maintaining a risk assessment tool and centralized database in order to at a minimum-- ``(1) conduct facility security risk assessments; ``(2) track contract guard posts; and ``(3) validate contract guard certifications. ``SEC. 242. REPORT ON MINIMUM FULL-TIME EQUIVALENT EMPLOYEE REQUIREMENTS. ``The Secretary shall submit an annual report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that provides estimates of staffing needs of the Federal Protective Service for the 5-year period beginning on the date of submission of the report, including the number of full-time equivalent employees necessary to fulfill the mission of the Federal Protective Service. ``SEC. 243. OVERSIGHT OF CONTRACT GUARD SERVICES. ``(a) Armed Guard Training Requirements.-- ``(1) Establishment.--Not later than 90 days after the date of enactment the Federal Protective Service Reform and Enhancement Act the Director shall establish minimum training and annual certification requirements for all contract guards procured by the Federal Protective Service. ``(2) Requirements.--Training requirements under this subsection shall include-- ``(A) at least 16 hours of instruction dedicated to x-ray and magnetometer training provided by the Federal Protective Service before an armed guard may stand post in a facility employing x-rays or a magnetometer; and ``(B) regular and recurring training in-- ``(i) arrest and control procedures; ``(ii) weapons training if necessary; ``(iii) operation of emergency equipment; ``(iv) access control; and ``(v) cardiopulmonary resuscitation and basic first aid. ``(b) Training and Security Assessment Program.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of the Federal Protective Service Reform and Enhancement Act, the Director shall establish a program to periodically assess-- ``(A) the training of contract guards for the security and protection of facilities protected by the Federal Protective Service; and ``(B) the security of facilities protected by the Federal Protective Service. ``(2) Program.--The program under this subsection shall include an assessment of-- ``(A) methods to test the training and certifications of guards; ``(B) procedures for taking personnel actions against, or for providing recommendations regarding, individuals; and ``(C) a covert testing program, that shall be conducted without prior notice to the facility concerned and in a manner that does not affect the security or safety of the property or employees, in order to evaluate-- ``(i) the ability of the Federal Protective Service security and contract guards to prevent an incident that applicable security performance standards are intended to prevent; and ``(ii) any weaknesses in the security plan of a facility. ``(3) Reports.--The Secretary shall annually submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, in a classified manner, if necessary, on the results of the assessment of the overt and covert testing program of the Federal Protective Service. ``SEC. 244. STRATEGIC PLAN REQUIREMENT. ``(a) In General.--Not later than 180 days after the date of enactment of the Federal Protective Service Reform and Enhancement Act, the Secretary shall submit to Congress a 5-year budget outlook and strategic plan for the Federal Protective Service that includes the following: ``(1) Estimates of staffing and associated costs the Federal Protective Service requires in order to provide counterterrorism and homeland security functions. ``(2) Estimates of staffing and associated costs the Federal Protective Service requires in order to assess the need for and, as appropriate, provide building-specific security countermeasures. ``(3) Estimates of staffing and associated cost the Federal Protective Service requires for reimbursable agency-specific security work authorization functions. ``(4) Reviews of the performance of contractor-provided security guards that assess both quality and cost of individual private contract guard providers performing Federal Protective Service guard functions under contract. ``(b) Updates.--The Secretary shall include an annual update of such plan with the President's annual budget submission to the Congress. ``SEC. 245. PROMOTION OF FEDERAL PROTECTIVE SERVICE TECHNOLOGY AND TRAINING. ``(a) In General.--Within 6 months after the date of enactment of the Federal Protective Service Reform and Enhancement Act, the Director of the Federal Protective Service, in consultation with the Administrator for the Transportation Security Administration, shall publish-- ``(1) a list of qualified vendors and a list of qualified products that would promote common standards of deployment of personnel and technology; ``(2) procedures and requirements for the proper administration of the list of qualified vendors and the list of qualified products as appropriate on a periodic basis, including-- ``(A) requirements for qualification for inclusion on a list; ``(B) review of such lists at least annually; and ``(C) addition of new qualified vendors and products to such lists removal of any vendors and products that no longer meet the qualification requirements; and ``(3) best practices for utilizing items on the qualified products list so they are utilized in the most effective manner, including a process to best utilize existing products currently deployed. ``(b) Application to Procurements.-- ``(1) In general.--After the publication of the qualified vendors list and the qualified products list under subsection (a), the Federal Protective Service may not enter into any contractual arrangement for services or products covered by such lists-- ``(A) with any person that is not included on the qualified vendors list; ``(B) for procurement of any product that is not included on the qualified products list; or ``(C) under which a subcontract may be awarded to a person that is not included on the qualified vendors list. ``(2) Limitation on application.-- ``(A) In general.--Paragraph (1) shall not apply to any contract the Director of the Federal Protective Service determines is of a class of contracts that is not inherent to the security missions of the Federal Protective Service or otherwise conflicts with Federal or State law. ``(B) Notification to congress.--The Director shall notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate in writing within 30 days after determining for purposes of subparagraph (A) any class of contracts that is not inherent to the security missions of the Federal Protective Service. ``(c) Cooperative Agreement.--Within 6 months after the date of enactment of the Federal Protective Service Reform and Enhancement Act, the Secretary of Homeland Security shall require the Assistant Secretary of the Transportation Security Administration, the Under Secretary for Science and Technology, and the Under Secretary responsible for critical infrastructure protection to enter into a memorandum of understanding pursuant to which the Transportation Security Laboratory will provide the Federal Protective Service with expertise, consultation, exchange of information, and testing for technology covered by the qualified vendors list and the qualified products list required by this section. ``SEC. 246. PROHIBITED ITEMS LIST. ``(a) In General.-- ``(1) List of prohibited items.--Not later than the end of the 180-day period beginning on the date of enactment of the Federal Protective Service Reform and Enhancement Act, the Secretary, acting through the Under Secretary responsible for critical infrastructure protection, shall issue and implement a list of items, including component parts, that are prohibited from being brought into facilities protected by the Federal Protective Service, unless an exemption is granted under paragraph (2). ``(2) Exemptions and exceptions.--An exemption or exception to the list of prohibited items under paragraph (1) may be granted that is temporary and effective for a specific period of time, or is permanent until rescinded, by-- ``(A) the Secretary; or ``(B) the Director of the Federal Protective Service or the Facility Security Committee for the Federal facility, if authorized by the Secretary. ``(b) Additional Items.--Nothing in this section prohibits a facility security committee from prohibiting items that are not included on such list from being brought into the facility of that committee. ``(c) Failure To Issue List.--If the Secretary fails to implement a prohibited items list in accordance with subsection (a), then the prohibited items list established by the Transportation Security Administration for civilian aviation shall apply for facilities protected by the Federal Protective Service-- ``(1) effective upon expiration of the period referred to in subsection (a); and ``(2) until such time as the Secretary, acting through the Under Secretary responsible for critical infrastructure protection, issues a prohibited items list described in subsection (a). ``(d) Facility Security Committee Defined.--In this section the term `facility security committee' means a facility security committee established pursuant to the report entitled `Vulnerability Assessment of Federal Facilities', issued by the Interagency Security Committee established by Executive Order 12977.''. (b) Clerical Amendment.--The table of contents in section 2 of such Act is amended by adding at the end of the items relating to title II the following: ``Subtitle E--Federal Protective Service ``Sec. 241. Authorization of Federal Protective Service. ``Sec. 242. Report on minimum full-time equivalent employee requirements. ``Sec. 243. Oversight of contract guard services. ``Sec. 244. Strategic plan requirement. ``Sec. 245. Promotion of Federal Protective Service technology and training. ``Sec. 246. Prohibited items list.''. SEC. 3. FEDERAL PROTECTIVE SERVICE AUTHORITY TO CARRY OUT COUNTERTERRORISM AND HOMELAND SECURITY FUNCTIONS. Section 1315(a) of title 40, United States Code, is amended by-- (1) striking ``(a) In General.--'' and inserting the following: ``(a) In General.-- ``(1) Protection of facilities.--For each Federal facility not subject to security requirements under Federal laws or regulations, the Secretary, acting through the Federal Protective Service shall have the primary authority in the executive branch for implementing counterterrorism and homeland security functions to secure any building and all Federal property located in or on a facility, that is owned, occupied, or secured by any component of the Federal Government. ``(2) Agreements with other law enforcement authorities.-- Nothing in this subsection shall prevent the Federal Protective Service from entering into agreements with other Federal, State, or local law enforcement authorities to provide security or respond to incidents on property that is owned, occupied, or secured by the Federal Government.''. SEC. 4. REPORT REQUIREMENT. Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress the following: (1) A strategy for more effectively managing the contract guard program of the Federal Protective Service that ensures there is adequate oversight and monitoring of training for such program. (2) A coordinated strategy for cooperation between the Under Secretary responsible for critical infrastructure protection and the Under Secretary for Science and Technology regarding research, development, and deployment of security technology conducted by the Transportation Security Laboratory. (3) A report on retention rates within the Federal Protective Service contract guard workforce, including an assessment of how the retention rate affects the costs and operations of the Federal Protective Service and the security of facilities.

Federal Protective Service Reform and Enhancement Act - Revises provisions governing the Federal Protective Service (FPS) in the Department of Homeland Security (DHS) (currently, FPS is a component of of the National Protection and Programs Directorate of DHS). Declares FPS's mission to be to secure all facilities and surrounding federal property under its protection and to safeguard all occupants. Requires the Director of FPS to: (1) report to the Under Secretary responsible for critical infrastructure; (2) establish a training program for all FPS employees and security guards hired by contract; (3) ensure effective coordination and liaison with other law enforcement agencies regarding threats to FPS-protected facilities; (4) conduct a security risk assessment for each such facility; (5) inspect and patrol such facilities for the purpose of detecting terrorist or criminal activity and determining compliance with federal security standards; (6) ensure that each facility has and carries out adequate plans for emergency situations; (7) ensure the effective operation of security countermeasures for such facilities; and (8) ensure that background investigations are conducted for contract guards and building service contractors. Directs the Secretary of DHS to: (1) ensure that security personnel are provided training in terrorism prevention, (2) report annually with estimates of FPS staffing needs for the next five-year period, and (3) submit a five-year budget outlook and strategic plan for FPS. Directs the Under Secretary to: (1) manage risk by utilizing and maintaining a risk assessment tool and centralized database in order to conduct facility security risk assessments, track contract guard posts, and validate contract guard certifications; and (2) issue and implement a list of items, including component parts, that are prohibited from being brought into facilities protected by FPS unless an exemption is granted. Requires the Director to: (1) establish minimum training and annual certification requirements for all FPS contract guards; (2) establish a program to periodically assess such training and the security of FPS-protected facilities; and (3) publish a list of qualified vendors and qualified products that would promote common standards of deployment of personnel and technology, procedures and requirements for the proper administration of such list, and best practices for utilizing such products. Gives the Secretary, acting through FPS, primary authority in the executive branch for implementing counterterrorism and homeland security functions to secure any building and all federal property located in or on a facility that is owned, occupied, or secured by any component of the federal government. Directs the Secretary to submit: (1) a strategy for more effectively managing the contract guard program; (2) a coordinated strategy for cooperation between the Under Secretary responsible for critical infrastructure protection and the Under Secretary for Science and Technology regarding research, development, and deployment of security technology conducted by the Transportation Security Laboratory; and (3) a report on retention rates within the FPS contract guard workforce.

To amend the Homeland Security Act of 2002 to enhance the ability of the Federal Protective Service to provide adequate security for the prevention of terrorist activities and for the promotion of homeland security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``External Regulation of the Department of Energy Act''. SEC. 2. ELIMINATION OF DEPARTMENT OF ENERGY AUTHORITY. Effective October 1, 2001, the Department of Energy shall have no regulatory or enforcement authority with respect to nuclear safety and occupational safety and health responsibilities assumed by the Nuclear Regulatory Commission under section 3 or by the Occupational Safety and Health Administration under section 4 at any facility owned or operated by the Department. SEC. 3. NUCLEAR REGULATORY COMMISSION AUTHORITY. (a) Nuclear Safety Regulatory and Enforcement Responsibilities.-- Effective October 1, 2001, the Nuclear Regulatory Commission shall assume the nuclear safety regulatory and enforcement responsibilities of the Department of Energy under the Atomic Energy Act of 1954 with regard to facilities owned or operated by the Department. (b) Licensed Entities.--For the purposes of carrying out at facilities owned or operated by the Department of Energy regulatory and enforcement responsibilities described in subsection (a), the Nuclear Regulatory Commission may regulate, through licensing, certification, or other appropriate means, the Department, the Department's contractors, or both. (c) Decommissioning.--A contractor operating a facility owned by the Department of Energy shall not be responsible for the costs of decommissioning that facility. No enforcement action may be taken against such contractor for any violation of Nuclear Regulatory Commission decommissioning requirements, if such violation is the result of a failure of the Department to authorize or fund decommissioning activities. The Nuclear Regulatory Commission and the Department shall, not later than January 1, 2002, enter into a memorandum of understanding establishing decommissioning procedures and requirements for facilities owned or operated by the Department. (d) Administration.--The responsibilities assumed by the Nuclear Regulatory Commission under this section shall be administered by the Nuclear Regulatory Commission, not by States. (e) Regulation of Defense Nuclear Facilities.-- (1) Repeal.--Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.) is repealed. (2) Dedicated organizational element.--The Nuclear Regulatory Commission shall establish an organizational element dedicated solely to the regulation of defense nuclear facilities within the Department of Energy. (3) Use of available resources.--In carrying out the responsibilities assumed under this section, the Nuclear Regulatory Commission shall employ appropriate personnel or other resources available as a result of the repeal made by paragraph (1) of this subsection. (f) Judicial Review.--Section 189b. of the Atomic Energy Act of 1954 (42 U.S.C. 2239(b)) is amended by adding the following paragraph after paragraph (4): ``(5) Any final order or regulation of the Commission establishing standards to govern facilities owned or operated by the Department of Energy that are issued to implement the Commission's responsibilities under the External Regulation of the Department of Energy Act, and any final determination of the Commission relating to whether a facility owned or operated by the Department is in compliance with such standards and all applicable Commission regulations or orders.''. (g) Employee Protection.--Any Department of Energy contractor operating a facility that is regulated by the Nuclear Regulatory Commission under this section shall be subject to section 211 of the Energy Reorganization Act of 1974 (41 U.S.C. 5851) to the same extent as any other employer subject to such section 211. (h) Conflict of Interest.--Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) applies to contracts, agreements, or other arrangements of the Nuclear Regulatory Commission proposed or entered into pursuant to its responsibilities assumed under this section. SEC. 4. OCCUPATIONAL SAFETY AND HEALTH. (a) OSHA Jurisdiction.--Notwithstanding section 4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)) and any other provision of law, effective October 1, 2001, the Occupational Safety and Health Administration shall assume the regulatory and enforcement responsibilities of the Department of Energy relating to matters covered by the Occupational Safety and Health Act of 1970 with regard to all facilities owned or operated by the Department, except as provided in subsection (b). Any Department contractor operating such a facility shall, with respect to matters relating to occupational safety and health, be considered to be an employer for purposes of the Occupational Safety and Health Act of 1970. (b) Regulation of Hazards Containing Radiological and Non- Radiological Component.--If a hazard at a facility owned or operated by the Department presents a risk of occupational exposure and contains both a radiological and non-radiological component, the Occupational Safety and Health Administration and the Nuclear Regulatory Commission shall, effective October 1, 2001, share regulatory and enforcement responsibilities with respect to the hazard in accordance with the memorandum of understanding entered into pursuant to section 5. SEC. 5. MEMORANDUM OF UNDERSTANDING. The Nuclear Regulatory Commission and the Occupational Safety and Health Administration shall, before January 1, 2001, enter into and transmit to the Congress a memorandum of understanding to govern the exercise of their respective authorities over nuclear safety and occupational safety and health at facilities owned or operated by the Department of Energy. SEC. 6. CIVIL PENALTIES. The Department of Energy's contractor operating a facility owned or operated by the Department shall not be liable for civil penalties under the Atomic Energy Act of 1954 or the Occupational Safety and Health Act of 1970 for any actions taken before October 1, 2001, pursuant to the instructions of a Federal agency in preparation for the transfer of regulatory and enforcement responsibilities required by this Act. SEC. 7. INDEMNIFICATION. The Secretary of Energy shall continue to indemnify facilities owned or operated by the Department in accordance with the provisions of section 170d. of the Atomic Energy Act of 1954. SEC. 8. DEPARTMENT OF ENERGY REPORTING REQUIREMENT. By April 1, 2001, the Secretary of Energy shall transmit to the Committee on Commerce, the Committee on Science, and the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate, a plan for the termination of the Department's regulatory and enforcement responsibilities for facilities owned or operated by the Department required by this Act. The report shall include-- (1) a detailed transition plan, drafted in coordination with the Nuclear Regulatory Commission and the Occupational Safety and Health Administration, giving the schedule for termination of self-regulation authority as outlined in section 2, including the activities to be coordinated with the Nuclear Regulatory Commission and the Occupational Safety and Health Administration; (2) a description of any issues remaining to be resolved with the Nuclear Regulatory Commission, the Occupational Safety and Health Administration, or other external regulators, and a timetable for resolving such issues before October 1, 2001; and (3) an estimate of-- (A) the annual cost of administering and implementing self-regulation of the nuclear safety and occupational safety and health responsibilities described in sections 3 and 4 at facilities owned or operated by the Department; (B) the number of Federal and contractor employees administering and implementing such self-regulation; and (C) the extent and schedule by which the Department and the staffs at its facilities will be reduced as a result of implementation of this Act.

(Sec. 3) Amends the Atomic Energy Act of 1954 to abolish the Defense Nuclear Facilities Safety Board. (Sec. 4) Provides that if a hazard at a DOE facility presents a risk of occupational exposure and contains both a radiological and non-radiological component, OSHA and the NRC shall share regulatory and enforcement responsibilities in accordance with a mandated Memorandum of Understanding governing their respective authorities over nuclear safety and occupational health and safety at DOE facilities. (Sec. 6) Shields a DOE contractor from civil liability for actions taken before October 1, 2001, pursuant to the instructions of a Federal agency in preparation for the transfer of functions under this Act. (Sec. 7) Maintains the responsibility of the Secretary of Energy (Secretary) to indemnify DOE facilities in accordance with specified provisions of the Atomic Energy Act of 1954. (Sec. 8) Instructs the Secretary to transmit to certain congressional committees a termination plan for DOE regulatory and enforcement responsibilities with respect to DOE facilities.

External Regulation of the Department of Energy Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Energy Policy Act Amendments of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ALTERNATIVE FUELS--GENERAL Sec. 101. Definitions. Sec. 102. Amendments to the Energy Policy and Conservation Act. Sec. 103. Compliance with acquisition requirements. Sec. 104. Fuel and vehicle neutrality. TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS Sec. 201. State and local incentives programs. Sec. 202. Alternative fuel bus program. Sec. 203. Alternative fuel use in nonroad vehicles and engines. TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES Sec. 301. Modification of goals; additional rulemaking authority. Sec. 302. Credits. Sec. 303. Secretary's recommendation to Congress. TITLE I--ALTERNATIVE FUELS--GENERAL SEC. 101. DEFINITIONS. Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211) is amended-- (1) in paragraph (2), by inserting ``biodiesel; biodiesel mixtures containing 20 percent or more by volume of biodiesel with other fuels'' after ``biological materials;''; (2) by redesignating paragraphs (11) through (14) as paragraphs (13), (15), (16), and (17), respectively; (3) by inserting after paragraph (10) the following new paragraphs: ``(11) the term `heavy duty marine vessel' means a marine vessel of greater than 8,500 pounds gross weight rating; ``(12) the term `heavy duty motor vehicle' means a motor vehicle of greater than 8,500 pounds gross vehicle weight rating;''; (4) by inserting after paragraph (13) (as so redesignated by paragraph (2) of this section) the following new paragraph: ``(14) the term `marine vessel' means a motorized watercraft or other artificial contrivance used as a means of transportation primarily on the navigable waters of the United States;''; and (5) in paragraph (15) (as so redesignated by paragraph (2) of this section), by inserting ``biodiesel, biodiesel mixtures containing 20 percent or more by volume of biodiesel with other fuels,'' after ``biological materials,''. SEC. 102. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT. Section 400AA of the Energy Policy and Conservation Act (42 U.S.C. 6374) is amended-- (1) in the second sentence of subsection (a)(3)(B), by striking ``if, after conversion,'' and inserting in lieu thereof ``, and existing fleet vehicles may be converted to use alternative fuels and considered an acquisition, if, after either such type of conversion,''; and (2) in subsection (g)(2), by inserting ``biodiesel; biodiesel mixtures containing 20 percent or more by volume of biodiesel with other fuels;'' after ``biological materials;''. SEC. 103. COMPLIANCE WITH ACQUISITION REQUIREMENTS. Title III of the Energy Policy Act of 1992 (42 U.S.C. 13211 et seq.) is amended by adding at the end the following new section: ``SEC. 312. COMPLIANCE WITH ACQUISITION REQUIREMENTS. ``(a) Conversion.--The conversion of a vehicle owned as part of a fleet into an alternative fueled vehicle shall be considered as an acquisition of an alternative fueled vehicle for purposes of compliance with a requirement to acquire alternative fueled vehicles under this title or title IV or V, if after the conversion the original equipment manufacturer's warranty continues to apply to the vehicle, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion. ``(b) Heavy Duty Vehicles.--The acquisition of 1 heavy duty vehicle that is an alternative fueled vehicle, or the acquisition or conversion of 1 heavy duty marine vessel described in subsection (c), shall be considered as the acquisition of 2 light duty alternative fueled vehicles for purposes of compliance with a requirement to acquire alternative fueled vehicles under this title or title IV or V. ``(c) Marine Vessels.--The-- ``(1) acquisition of a marine vessel that operates solely on alternative fuels or that is capable of operating on alternative fuels and is capable of operating on gasoline or diesel fuel; or ``(2) conversion of a marine vessel already owned into a marine vessel described in paragraph (1), if after conversion the original equipment manufacturer's warranty continues to apply to the marine vessel, pursuant to an agreement between the original equipment manufacturer and the person performing the conversion, shall be considered as the acquisition of an alternative fueled vehicle for purposes of compliance with a requirement to acquire alternative fueled vehicles under this title or title IV or V. ``(d) Alternative Fuel Use.-- ``(1) In general.--The acquisition by a fleet or covered person of a volume of alternative fuel equal to the total estimated fuel requirements for 1 year of a dual fueled vehicle-- ``(A) that is part of that fleet or owned by that covered person; and ``(B) with respect to which no credit has been claimed under this paragraph for the same year, shall be credited by the Secretary as the acquisition of 1 alternative fueled vehicle for purposes of compliance with a requirement to acquire alternative fueled vehicles under this title or title IV or V. ``(2) Accounting.--In allowing a credit under paragraph (1), the Secretary may request a Federal agency or require a covered person to provide an accounting of the required acquisition of alternative fuel. ``(3) Guidelines.--The Secretary shall amend the guidelines required under section 308 to enable Federal agencies to better comply with paragraph (1) of this subsection.''. SEC. 104. FUEL AND VEHICLE NEUTRALITY. Title III of the Energy Policy Act of 1992 (42 U.S.C. 13211 et seq.) is further amended by adding at the end the following new section: ``SEC. 313. FUEL AND VEHICLE NEUTRALITY. ``The Secretary shall carry out this title and titles IV and V in a manner that is, to the maximum extent practicable, neutral with respect to the type of alternative fuel and alternative fueled vehicle used.''. TITLE II--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS SEC. 201. STATE AND LOCAL INCENTIVES PROGRAMS. (a) Establishment of Program.--Section 409(a) of the Energy Policy Act of 1992 (42 U.S.C. 13235(a)) is amended-- (1) in paragraph (2)(A), by striking ``alternative fueled vehicles'' and inserting in lieu thereof ``light duty and heavy duty alternative fueled vehicles and increasing the use of alternative fuels''; and (2) in paragraph (3)-- (A) in subparagraph (B), by inserting ``converted or acquired'' after ``introduction of''; (B) in subparagraph (E), by inserting ``, along with incentives toward use of, and reporting requirements relating to, such fuels'' after ``fueled vehicles''; and (C) in subparagraph (G)-- (i) by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and (ii) by inserting before clause (ii), as so redesignated, the following new clause: ``(i) alternative fuels;''. (b) Federal Assistance to States.--Section 409(b) of the Energy Policy Act of 1992 (42 U.S.C. 13235(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting in lieu thereof ``; and''; and (C) by adding at the end the following: ``(D) grants of Federal financial assistance for the incremental purchase cost of alternative fuels.''; (2) in paragraph (2)(B), by inserting ``and the volume of alternative fuel likely to be consumed'' after ``be introduced''; and (3) in paragraph (3)-- (A) by inserting ``alternative fuels and'' after ``in procuring''; and (B) by inserting ``fuels and'' after ``of such''. (c) General Provisions.--Section 409(c)(2)(A) of the Energy Policy Act of 1992 (42 U.S.C. 13235(c)(2)(A)) is amended by inserting ``and volume of alternative fuel consumed'' after ``alternative fueled vehicles in use''. SEC. 202. ALTERNATIVE FUEL BUS PROGRAM. Section 410(c) of the Energy Policy Act of 1992 (42 U.S.C. 13236(c)) is amended in the second sentence by striking ``and the conversion of school buses to dedicated vehicles'' and inserting ``the incremental cost of alternative fuels used in dual fueled school buses, and the conversion of school buses to alternative fueled vehicles''. SEC. 203. ALTERNATIVE FUEL USE IN NONROAD VEHICLES AND ENGINES. Section 412 of the Energy Policy Act of 1992 (42 U.S.C. 13238) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``a study'' and inserting in lieu thereof ``studies''; and (ii) in the second sentence-- (I) by striking ``study'' and inserting in lieu thereof ``studies''; and (II) by striking ``2 years'' and inserting in lieu thereof ``6 and 10 years''; (B) in paragraph (2)-- (i) by striking ``study'' each place it appears and inserting in lieu thereof ``studies''; and (ii) in the second sentence, by inserting ``and engines'' after ``such vehicles''; and (C) in paragraph (3)-- (i) by striking ``report'' and inserting in lieu thereof ``reports''; and (ii) by striking ``may'' and inserting in lieu thereof ``shall''; (2) in subsection (b), by inserting ``marine vessels,'' after ``vehicles or engines used for marine purposes,''; and (3) in subsection (c), by striking ``study'' and inserting in lieu thereof ``studies''. TITLE III--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS, AND ALTERNATIVE FUELED PRIVATE VEHICLES SEC. 301. MODIFICATION OF GOALS; ADDITIONAL RULEMAKING AUTHORITY. Section 504(a) of the Energy Policy Act of 1992 (42 U.S.C. 13254(a)) is amended by striking ``Within 3 years after the date of enactment of this Act, and periodically thereafter'' and inserting in lieu thereof ``Before October 1, 1998, and before October 1, 2003''. SEC. 302. CREDITS. Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is amended by adding at the end the following new subsection: ``(e) Alternative Compliance Credits.--Any action which is considered or credited as an acquisition of an alternative fueled vehicle under section 312 shall be eligible for a credit under this section as if it were such an acquisition.''. SEC. 303. SECRETARY'S RECOMMENDATION TO CONGRESS. Section 509(a) of the Energy Policy Act of 1992 (42 U.S.C. 13259(a)) is amended-- (1) in paragraph (2)-- (A) by inserting ``, including through conversion and warranty,'' after ``public alternative fueled vehicles''; and (B) by striking ``and'' at the end; (2) in paragraph (3) by striking the comma at the end and inserting in lieu thereof ``; and''; and (3) by adding after paragraph (3) the following new paragraph: ``(4) exempting replacement fuels from taxes levied on nonreplacement fuels,''.

TABLE OF CONTENTS: Title I: Alternative Fuels--General Title II: Alternatives Fuels--Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Private Vehicles Energy Policy Act Amendments of 1997 - Title I: Alternative Fuels--General - Amends the Energy Policy Act of 1992 to: (1) include biodiesel fuels as alternative fuels; (2) modify definitions relating to heavy duty motor vehicles and marine vessels; and (3) include among replacement fuels those fuels derived from biodiesel. (Sec. 102) Amends the Energy Policy and Conservation Act to provide that, if alternative-fueled light duty Federal vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to alternative fuel-use if the original manufacturer's warranty continues to apply to such vehicles. (Sec. 103) Amends the Energy Policy Act of 1992 to prescribe compliance guidelines governing the conversion of Federal fleet vehicles into alternative-fueled vehicles. Title II: Alternative Fuels -- Non-Federal Programs - Requires State and local incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative-fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary of Energy (the Secretary) to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel likely to be consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative-fuels used in dual fueled school buses, and the conversions of such buses to alternative-fueled vehicles. (Sec. 203) Directs the Secretary to conduct studies regarding the use of alternative fuels in nonroad vehicles, including marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the deadline for the Secretary to evaluate whether program goals have been achieved with respect to the replacement fuel supply and demand program. (Sec. 302) Modifies credit allocation guidelines governing alternative-fueled vehicle acquisitions to deem certain acquisitions (conversions of existing vehicles) as alternative compliance credits. (Sec. 303) Directs the Secretary to submit to the Congress recommendations for requirements or incentives for: (1) suppliers of alternative-fueled vehicles to make such vehicles available to the public through conversion and warranty; and (2) exempting replacement fuels from taxes levied on nonreplacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.

Energy Policy Act Amendments of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Investment Act of 2013'' or the ``RBI Act of 2013''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``applicable Federal-State Joint Board'' means-- (A) the Federal-State Joint Board on Universal Service; and (B) if the limitations in the proposal submitted by the Commission to the Federal-State Joint Board on Universal Service under section 4(b)(1)(A) result in a revision of the jurisdictional allocation of expenses, the Federal-State Joint Board on Separations; (2) the term ``Commission'' means the Federal Communications Commission; (3) the term ``revised proposal for rural support'' means a revised proposal to establish limitations on study area total unseparated loop costs of rural rate-of-return carriers; (4) the term ``rural carrier'' means-- (A) a rural rate-of-return carrier; (B) a rural wireless carrier owned by a rural rate- of-return carrier; and (C) a rural competitive local exchange carrier owned by a rural rate-of-return carrier; (5) the term ``rural rate-of-return carrier'' means a rural telephone company (as defined in section 153 of the Communications Act of 1934 (47 U.S.C. 153)) that is a rate-of- return carrier (as defined in section 54.5 of title 47, Code of Federal Regulations); (6) the term ``study area total unseparated loop cost'' means the cost calculated under section 36.621 of title 47, Code of Federal Regulations; (7) the term ``Transformation Order'' means the Report and Order and Further Notice of Proposed Rulemaking of the Federal Communications Commission adopted on October 27, 2011 (FCC 11- 161); and (8) the term ``tribal lands'' has the meaning given the term in section 54.400(e) of title 47, Code of Federal Regulations. SEC. 3. FINDINGS. Congress finds the following: (1) The implementation of new rules and regulations set forth in the Transformation Order has created financial uncertainty and instability for rural carriers by denying rural carriers a meaningful opportunity to recover investments and expenses incurred to provide universal service prior to 2012. (2) The implementation of the Transformation Order, including the utilization of a widely criticized regression analysis used to determine levels of universal service support, is creating significant uncertainty with respect to the sufficiency and predictability of the universal service support mechanisms, which has discouraged rural carriers from making broadband infrastructure investments to build out new broadband capabilities in high cost-to-serve rural communities throughout the United States. (3) The intent of Congress under section 254 of the Communications Act of 1934 (47 U.S.C. 254) is that the Commission-- (A) consult with the Federal-State Joint Board on Universal Service before adopting changes to regulations that affect universal service high-cost fund mechanisms; and (B) adopt policies and regulations that establish and maintain ``specific, predictable, and sufficient'' support mechanisms to preserve and advance universal service. (4) The Secretary of Agriculture has warned that the implementation of the Transformation Order is having unintended consequences for rural broadband investment and deployment and for other Federal programs designed to promote rural broadband deployment. (5) The Department of Agriculture has reported that demand for Rural Utilities Service loans for broadband buildout has plummeted in 2013, due in part to the uncertainty created by the new rules and regulations set forth in the Transformation Order. (6) Surveys of rural carriers indicate that nearly two- thirds of rural rate-of-return carriers are canceling or postponing new broadband investments, while other reports indicate that rural rate-of-return carriers are being forced to increase consumer prices and reduce staff, creating ripple effects for economies in rural areas of the United States. (7) Congressional hearings have demonstrated that the approach of the Commission to the consideration, review, and resolution of petitions for waivers from rules adopted under the Transformation Order-- (A) is unduly burdensome and costly for small, rural carriers and inconsistent with the established policy and waiver standards of the Commission; and (B) is consequently discouraging small, rural carriers from requesting waivers and is creating additional business uncertainties. (8) Congressional hearings have demonstrated that the Commission can make adjustments to the Transformation Order to address the adverse impact and business uncertainties confronting small, rural carriers without affecting other categories of carriers or increasing the Universal Service Fund budget established in the Transformation Order. SEC. 4. SUSPENSION AND REVISION OF PROVISION OF TRANSFORMATION ORDER. (a) Suspension.--Section 36.621(a)(5) of title 47, Code of Federal Regulations (relating to the annual limitation of study area total unseparated loop cost pursuant to a schedule announced by the Wireline Competition Bureau), shall have no force or effect. (b) Review and Revision.-- (1) Publication of revised proposal for universal service distribution to rural rate-of-return carriers.-- (A) Requirement to submit proposal.--Not later than 60 days after the effective date of this Act, the Commission shall issue a notice of proposed rulemaking to adopt a revised proposal for rural support. (B) Recovery of reasonable investments and operating expenses.--The Commission shall ensure that the revised proposal for rural support does not deprive a rural rate-of-return carrier of the opportunity to recover reasonable investments and operating expenses incurred prior to the adoption under subparagraph (D) of the revised proposal for rural support. (C) Consultation with joint boards.--Before the Commission issues a final rule under subparagraph (D) to adopt a revised proposal for rural support, the Commission shall consult with the applicable Federal- State Joint Board to the extent that such consultation is required under the Communications Act of 1934 (47 U.S.C. 151 et seq.). (D) Final rule adopting proposal.--Not earlier than 45 days and not later than 120 days after the date on which the Commission issues the notice of proposed rulemaking under subparagraph (A), the Commission shall issue a final rule adopting a revised proposal for rural support. (2) Report to congress.--Not later than 60 days after the effective date of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives-- (A) a report that contains the revised proposal for rural support published in the notice of proposed rulemaking under paragraph (1)(A); and (B) a report that-- (i) describes the amount of universal service funding necessary to achieve universal service objectives during the 10-year period following the date on which the report is submitted; and (ii) includes-- (I) quantitative and qualitative analysis in support of the findings of the Commission under clause (i); and (II) a specific analysis identifying the unique circumstances and resulting high-cost loop support required to provide and maintain universal service in Alaska and on tribal lands. (c) Interim Limitations.-- (1) In general.--Not later than 30 days after the effective date of this Act, the Commission shall establish interim limitations on study area total unseparated loop costs by-- (A) determining the annual Universal Service Fund distribution for each rural rate-of-return carrier on the basis of the applicable rules that were in effect on the day before the effective date of the Transformation Order; and (B) adjusting the universal service distribution of high-cost loop support that results from the annual distribution determined under paragraph (1) to reflect-- (i) the revision to section 36.605 of title 47, Code of Federal Regulations, required under section 5 of this Act; and (ii) any revisions to responses to waiver petitions required under section 6 of this Act. (2) Duration.--The interim limitations established under paragraph (1) shall be in effect until the date on which the final rule required under subsection (b)(1)(D) takes effect. SEC. 5. SAFETY NET ADDITIVE. The Commission shall amend section 36.605(a) of title 47, Code of Federal Regulations (relating to adjustments to high-cost loop support for rural rate-of-return carriers) to provide that, beginning on January 1, 2012, the calculation of safety net additive support for a rural rate-of-return carrier shall include all just and reasonable investments made by the carrier prior to 2012. SEC. 6. WAIVERS. (a) In General.--The Commission shall apply the criteria and standards under this section when considering a petition for a waiver submitted by a rural carrier negatively affected by a revision adopted in the Transformation Order. (b) Reasonable Opportunity To Recover Costs.--The Commission shall grant a petition for a waiver described in subsection (a) if the Commission determines a waiver is necessary to ensure that the requesting rural carrier is afforded a reasonable opportunity to recover the costs of providing universal service, including an equitable return on the investments the rural carrier made to provide universal service. (c) Time Limit for Consideration of Waiver Petition.-- (1) In general.--Not later than 90 days after the date on which the Commission receives a petition for a waiver, the Commission shall grant or deny the petition. (2) Failure to act within time limit.--If the Commission fails to make a determination on a petition for a waiver prior to the expiration of the time period set forth under paragraph (1), the Commission shall be deemed to have granted the petition. (3) Waiver petitions filed before effective date.--The Commission shall reconsider, in accordance with this section, any petition for a waiver relating to a revision to a regulation adopted in the Transformation Order that-- (A) was submitted to the Commission during the period beginning on November 18, 2011, and ending on the day before the effective date of this Act; and (B) is denied by the Commission. (d) Denial of Waiver Petition.--If the Commission denies a petition for a waiver, in whole or in part, the Commission shall identify with specificity-- (1) any operating expenses of the requesting carrier that the Commission determines unreasonable; (2) any investments made by the requesting carrier that the Commission determines are not used and useful in the provision of universal service; and (3) the underlying basis for any determination under paragraph (1) or (2). SEC. 7. EFFECTIVE DATE. This Act shall take effect 30 days after the date of enactment of this Act.

Rural Broadband Investment Act of 2013 or the RBI Act of 2013 - Suspends regulations of the Federal Communications Commission (FCC) that resulted in a revised method of determining levels of support for rural telephone carriers under the Universal Service Fund by allowing study area unseparated loop cost to be limited annually pursuant to a schedule announced by the Wireline Competition Bureau. (Thus, eliminates a distribution analysis method provided for in the FCC's Transformation Order known as the Report and Order and Further Notice of Proposed Rulemaking of the Federal Communications Commission adopted on October 27, 2011.) Requires the FCC to initiate a rulemaking to adopt a revised proposal for rural support that does not deprive a rural rate-of-return carrier (a rural telephone company that is an incumbent local exchange carrier not subject to price cap regulation) of the opportunity to recover reasonable investments and operating expenses incurred prior to the proposal's adoption. Directs the FCC, to the extent required under the Communications Act of 1934, to consult with: (1) the Federal-State Joint Board on Universal Service; and (2) if the limitations in the proposal submitted by the FCC to such Board result in a revision of the jurisdictional allocation of expenses, the Federal-State Joint Board on Separations. Directs the FCC to submit to Congress: (1) the revised proposal for rural support published in the notice of proposed rulemaking, and (2) a report that describes the amount of universal service funding necessary to achieve universal service objectives during the next 10 years. Requires the report to include a quantitative and qualitative analysis as well as an identification of the unique circumstances and resulting high-cost loop support required to provide and maintain universal service in Alaska and on tribal lands. Sets forth interim limitations on study area total unseparated loop costs that are to apply until the final rule takes effect. Directs the FCC to amend regulations relating to high-cost loop support adjustments for rural rate-of-return carriers to require, beginning on January 1, 2012, the calculation of safety net additive support for such a carrier to include all just and reasonable investments made by the carrier prior to 2012. Requires the FCC to grant a petition for a waiver submitted by a rural carrier negatively affected by a revision adopted in the October 2011 Transformation Order if such a waiver is necessary to ensure that the carrier is afforded a reasonable opportunity to recover the costs of providing universal service, including an equitable return on investments.

RBI Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Sequester Job Loss Now Act Through 2014''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--BUDGET PROCESS AMENDMENTS Sec. 101. Repeal the 2013 and 2014 sequesters. Sec. 102. Reduction of Defense Discretionary Limits. Sec. 103. Protecting veterans programs from sequester. TITLE II--AGRICULTURAL SAVINGS Sec. 201. One-year extension of agricultural commodity programs, except direct payment programs. TITLE III--OIL AND GAS SUBSIDIES Sec. 301. Prohibition on using last-in, first-out accounting for major integrated oil companies. Sec. 302. Deduction for income attributable to domestic production activities not allowed with respect to oil and gas activities of major integrated oil companies. Sec. 303. Limitation on deduction for intangible drilling and development costs of major integrated oil companies. TITLE IV--THE BUFFETT RULE Sec. 401. Fair share tax on high-income taxpayers. TITLE V--SENSE OF THE HOUSE Sec. 501. Sense of the House on the need for a fair, balanced and bipartisan approach to long-term deficit reduction. TITLE I--BUDGET PROCESS AMENDMENTS SEC. 101. REPEAL THE 2013 AND 2014 SEQUESTERS. (a) Calculation of Total Deficit Reduction and Allocation to Functions.--(1) Section 251A(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by striking ``2013'' and inserting ``2015''. (2) Paragraph (4) of such section is amended by striking ``2014'' and inserting ``2015''. (3) Paragraphs (5) and (6) of such section are amended by striking ``2013'' and inserting ``2015''. (b) Defense and Nondefense Function Reductions.--Paragraphs (5) and (6) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking ``2013'' and inserting ``2015'' each place it appears. (c) Implementing Discretionary Reductions.--Section 251A(7)(B) of such Act is amended by striking ``2014'' and inserting ``2015'' each place it appears. (d) Restoration of Sequestered Funds.--Notwithstanding the Presidential sequestration order for fiscal year 2013 issued under section 251A of the Balanced Budget and Emergency Deficit Act of 1985, on and after the date of the enactment of this Act, the budgetary resources sequestered under such order shall be available for obligation for the same purpose, in the same amount as otherwise would have been available for the period beginning on the date of enactment of this Act and before October 1, 2013, and in the same manner as if such order had not been issued. (e) Conforming Change.--Upon the date of enactment of this Act, the report entitled ``OMB Sequestration Preview Report to the President and Congress for Fiscal Year 2014 and OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2014'', issued on April 10, 2013, and corrected on May 20, 2013, shall have no force or effect. SEC. 102. REDUCTION OF DEFENSE DISCRETIONARY LIMITS. The discretionary limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 for the security category for fiscal years 2017 through 2021 are replaced with the following limits: for fiscal year 2017, $586,000,000,000; for fiscal year 2018, $595,000,000,000; for fiscal year 2019, $604,000,000,000; for fiscal year 2020, $614,000,000,000; and for fiscal year 2021, $624,000,000,000. SEC. 103. PROTECTING VETERANS PROGRAMS FROM SEQUESTER. Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. TITLE II--AGRICULTURAL SAVINGS SEC. 201. ONE-YEAR EXTENSION OF AGRICULTURAL COMMODITY PROGRAMS, EXCEPT DIRECT PAYMENT PROGRAMS. (a) Extension.--Except as provided in subsection (b) and notwithstanding any other provision of law, the authorities provided by each provision of title I of the Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 Stat. 1651) and each amendment made by that title (and for mandatory programs at such funding levels), as in effect on September 30, 2013, shall continue, and the Secretary of Agriculture shall carry out the authorities, until September 30, 2014. (b) Termination of Direct Payment Programs.-- (1) Covered commodities.--The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1103 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713). (2) Peanuts.--The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7953). (c) Effective Date.--This section shall take effect on the earlier of-- (1) the date of the enactment of this Act; and (2) September 30, 2013. TITLE III--OIL AND GAS SUBSIDIES SEC. 301. PROHIBITION ON USING LAST-IN, FIRST-OUT ACCOUNTING FOR MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Major Integrated Oil Companies.--Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods.''. (b) Effective Date and Special Rule.-- (1) In general.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. (2) Change in method of accounting.--In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year beginning after the date of the enactment of this Act-- (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. SEC. 302. DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES NOT ALLOWED WITH RESPECT TO OIL AND GAS ACTIVITIES OF MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Subparagraph (A) of section 199(d)(9) of the Internal Revenue Code of 1986 is amended by inserting ``(9 percent in the case of any major integrated oil company (as defined in section 167(h)(5)(B)))'' after ``3 percent''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 303. LIMITATION ON DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS OF MAJOR INTEGRATED OIL COMPANIES. (a) In General.--Section 263(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``This subsection shall not apply to amounts paid or incurred by a taxpayer in any taxable year in which such taxpayer is a major integrated oil company (as defined in section 167(h)(5)(B)).''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. TITLE IV--THE BUFFETT RULE SEC. 401. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS ``SEC. 59B. FAIR SHARE TAX. ``(a) General Rule.-- ``(1) Phase-in of tax.--In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of-- ``(A) the amount determined under paragraph (2), and ``(B) a fraction (not to exceed 1)-- ``(i) the numerator of which is the excess of-- ``(I) the taxpayer's adjusted gross income, over ``(II) the dollar amount in effect under subsection (c)(1), and ``(ii) the denominator of which is the dollar amount in effect under subsection (c)(1). ``(2) Amount of tax.--The amount of tax determined under this paragraph is an amount equal to the excess (if any) of-- ``(A) the tentative fair share tax for the taxable year, over ``(B) the excess of-- ``(i) the sum of-- ``(I) the regular tax liability (as defined in section 26(b)) for the taxable year, ``(II) the tax imposed by section 55 for the taxable year, plus ``(III) the payroll tax for the taxable year, over ``(ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). ``(b) Tentative Fair Share Tax.--For purposes of this section-- ``(1) In general.--The tentative fair share tax for the taxable year is 30 percent of the excess of-- ``(A) the adjusted gross income of the taxpayer, over ``(B) the modified charitable contribution deduction for the taxable year. ``(2) Modified charitable contribution deduction.--For purposes of paragraph (1)-- ``(A) In general.--The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as-- ``(i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to ``(ii) such amount, determined before the application of section 68. ``(B) Taxpayer must itemize.--In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. ``(c) High-Income Taxpayer.--For purposes of this section-- ``(1) In general.--The term `high-income taxpayer' means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). ``(2) Inflation adjustment.-- ``(A) In general.--In the case of a taxable year beginning after 2014, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. ``(d) Payroll Tax.--For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of-- ``(1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over ``(2) the deduction allowable under section 164(f) for such taxable year. ``(e) Special Rule for Estates and Trusts.--For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). ``(f) Not Treated as Tax Imposed by This Chapter for Certain Purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55.''. (b) Conforming Amendment.--Section 26(b)(2) of such Code is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: ``(C) section 59B (relating to fair share tax),''. (c) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII--Fair Share Tax on High-Income Taxpayers''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. TITLE V--SENSE OF THE HOUSE SEC. 501. SENSE OF THE HOUSE ON THE NEED FOR A FAIR, BALANCED AND BIPARTISAN APPROACH TO LONG-TERM DEFICIT REDUCTION. (a) The House finds that-- (1) every bipartisan commission has recommended--and the majority of Americans agree--that we should take a balanced, bipartisan approach to reducing the deficit that addresses both revenue and spending; and (2) sequestration is a meat-ax approach to deficit reduction that imposes deep and mindless cuts, regardless of their impact on vital services and investments. (b) It is the sense of the House that the Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would increase revenues without increasing the tax burden on middle-income Americans, and decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy.

Stop the Sequester Job Loss Now Act Through 2014 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to repeal the FY2013-FY2014 sequesters. Makes the budgetary resources for FY2013, which were sequestered by the presidential sequestration order, available for obligation for the same purpose, in the same amount as otherwise would have been available on the date of enactment of this Act and before October 1, 2013, and in the same manner as if such order had not been issued. Reduces the defense discretionary spending limits for the security category for FY2017-FY2021. Eliminates the 2% maximum permissible reduction in budget authority for veterans' medical care. Extends through FY2014 agricultural commodity programs generally under the Food, Conservation, and Energy Act of 2008, but not the direct payment programs for wheat, corn, grain sorghum, barley, oats, upland cotton, long and medium grain rice, soybeans, other oilseeds, and peanuts. Amends the Internal Revenue Code to: (1) prohibit the use of the last-in, first out (LIFO) accounting method by major integrated oil companies, (2) deny such oil companies a tax deduction for income attributable to the domestic production of oil and gas, and (3) deny them also the tax deduction for intangible drilling and development costs. Requires an individual high-income taxpayer whose adjusted gross income exceeds $1 million (adjusted annually for inflation) to pay a minimum (fair share) tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year. Declares that it is the sense of the House that Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would: (1) increase revenues without increasing the tax burden on middle-income Americans; and (2) decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy.

Stop the Sequester Job Loss Now Act Through 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Earned Income Tax Credit Simplification Act of 2005''. SEC. 2. MODIFICATION OF ABANDONED SPOUSE RULE. (a) In General.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by adding at the end the following new paragraph: ``(H) Certain married individuals living apart.-- For purposes of this section, an individual who-- ``(i) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(ii) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(iii) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, shall not be considered as married.''. (b) Conforming Amendments.-- (1) The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``section 7703'' and inserting ``section 7703(a)''. (2) Section 32(d) of such Code is amended by striking ``In the case of an individual who is married (within the meaning of section 7703)'' and inserting ``In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(H)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. SIMPLIFICATION OF RULES REGARDING PRESENCE OF QUALIFYING CHILD. (a) Taxpayer Eligible for Credit for Worker Without Qualifying Child if Qualifying Child Claimed by Another Member of Family.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual), as amended by this Act, is amended by adding at the end the following new paragraph: ``(I) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.-- ``(i) General rule.--Except as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year. ``(ii) Exception if qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other parent of such child who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.''. (b) Taxpayer Eligible for Credit for Worker Without Qualifying Child if Qualifying Children Do Not Have Valid Social Security Number.--Subparagraph (G) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(G) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 4. ELIMINATION OF DISQUALIFIED INVESTMENT INCOME TEST. (a) In General.--Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 5. DEFINITION OF VALID TAXPAYER IDENTIFICATION NUMBER FOR EARNED INCOME CREDIT. (a) In General.--Section 32(m) of the Internal Revenue Code of 1986 is amended to read as follows: ``(m) Identification Numbers.-- ``(1) In general.--Solely for purposes of subsections (c)(1)(E) and (c)(3)(D), a taxpayer identification number means a social security number assigned by the Social Security Administration. ``(2) Limitation.-- ``(A) In general.--To be eligible for a credit under this section, the return of tax for the taxable year must clearly indicate that any alien with earned income possesses a social security number assigned by the Social Security Administration which is authorized for employment purposes. ``(B) Joint returns.--When a married couple files a joint return, and one spouse's social security number is authorized for employment and the other spouse's social security number is not authorized for employment purposes, a credit under this section is only available if the return of tax for the taxable year clearly indicates that the earned income is attributable only to the spouse whose social security number is authorized for employment purposes.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2005. (c) Notice Requirements.-- (1) In general.--The Secretary of the Treasury shall make reasonable efforts to provide at least 3 months advance notification to households likely to be affected by the amendment made by subsection (a) so that individuals eligible to obtain an employment-authorized social security number may understand what action is needed to preserve their eligibility for the earned income credit under section 32 of the Internal Revenue Code of 1986. (2) Response if conditions not satisfied.--If a taxpayer appears to be otherwise eligible for the earned income credit under section 32 of such Code but has not satisfied the conditions of subsection (m)(2) of such section, the Secretary of the Treasury shall send a mathematical or clerical error notice under section 6213(b)(1) of such Code informing the taxpayer of the actions needed to establish eligibility for such credit and of the option of filing an amended tax return if eligibility for such credit cannot be established within the response period for such mathematical or clerical error notice.

Earned Income Tax Credit Simplification Act of 2005 - Amends provisions of the Internal Revenue Code relating to the earned income tax credit to: (1) allow certain married taxpayers filing separate returns and residing with a dependent child to claim such credit; (2) allow certain taxpayers residing in a household with a qualifying child to claim the credit independently as a taxpayer without a qualifying child; (3) eliminate provisions denying the credit for individuals with excessive investment income; and (4) require aliens claiming the credit to have a social security number authorized for employment purposes.

A bill to amend the Internal Revenue Code of 1986 to simplify the earned income tax credit eligibility requirements regarding filing status, presence of children, investment income, and work and immigrant status.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Receipt Act''. SEC. 2. ITEMIZED FEDERAL TAX RECEIPT. (a) In General.--Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 7529. FEDERAL TAX RECEIPT. ``(a) In General.--The Secretary shall send to every taxpayer who files an individual income tax return for any taxable year an itemized Federal tax receipt showing a proportionate allocation (in money terms) of the taxpayer's total tax payment for such taxable year among major expenditure categories for the fiscal year ending in such taxable year. The Federal tax receipt shall also include 2 separate line items showing the amount of Federal debt per legal United States resident at the end of such fiscal year, and the amount of additional borrowing per legal United States resident by the Federal Government in such fiscal year. ``(b) Total Tax Payments.--For purposes of subsection (a), the total tax payment of a taxpayer for any taxable year is equal to the sum of-- ``(1) the tax imposed by subtitle A for such taxable year (as shown on such taxpayer's return), plus ``(2) the tax imposed by section 3101 on wages received by such taxpayer during such taxable year. ``(c) Determination of Proportionate Allocation of Tax Payment Among Major Expenditure Categories.--For purposes of determining a proportionate allocation described in subsection (a), not later than 60 days after the end of any fiscal year, the Director of the Congressional Budget Office shall provide to the Secretary the percentage of Federal outlays for such fiscal year for the following categories and subcategories of Federal spending: ``(1) Social Security. ``(2) National defense: ``(A) Overseas combat operations. ``(3) Medicare. ``(4) Low-income assistance programs: ``(A) Housing assistance. ``(B) Food stamps and other food programs. ``(5) Other Federal health programs: ``(A) Medicaid, Children's Health Insurance Program, and other public health programs. ``(B) National Institutes of Health and other health research and training programs. ``(C) Food and Drug Administration, Consumer Product Safety Commission, and other regulatory health and safety activities. ``(6) Unemployment benefits. ``(7) Net interest on the Federal debt. ``(8) Veterans benefits and services. ``(9) Education: ``(A) K-12 and vocational education. ``(B) Higher education. ``(C) Job training and assistance. ``(10) Federal employee retirement and disability benefits. ``(11) Highway, mass transit, and railroad funding. ``(12) Mortgage finance (Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Administration, and other housing finance programs). ``(13) Justice and law enforcement funding, including Federal Bureau of Investigation, Federal courts, and Federal prisons. ``(14) Natural resources, land, and water management and conservation funding, including National Parks. ``(15) Foreign aid. ``(16) Science and technology research and advancement: ``(A) National Aeronautics and Space Administration. ``(17) Air transportation, including Federal Aviation Administration. ``(18) Farm subsidies. ``(19) Energy funding, including renewable energy and efficiency programs, Strategic Petroleum Reserve, and Federal Energy Regulatory Commission. ``(20) Disaster relief and insurance, including Federal Emergency Management Administration. ``(21) Diplomacy and embassies. ``(22) Environmental Protection Agency and pollution control programs. ``(23) Internal Revenue Service and United States Treasury operations. ``(24) Coast Guard and maritime programs. ``(25) Community Development Block Grants. ``(26) Congress and legislative branch activities. ``(27) United States Postal Service. ``(28) Executive Office of the President. ``(29) Other Federal spending. ``(d) Additional Major Expenditure Categories.--With respect to each fiscal year, the Director of the Congressional Budget Office shall include additional categories and subcategories of Federal spending for purposes of subsection (c), but only if, and only for so long as, each such additional category or subcategory exceeds 3 percent of total Federal outlays for the fiscal year. ``(e) Timing of Federal Tax Receipt.--A Federal tax receipt shall be made available to each taxpayer as soon as practicable upon the processing of that taxpayer's income tax return by the Internal Revenue Service. ``(f) Use of Technologies.--The Internal Revenue Service is encouraged to utilize modern technologies such as electronic mail and the Internet to minimize the cost of sending Federal tax receipts to taxpayers. The Internal Revenue Service shall establish an interactive program on its Internet Web site to allow taxpayers to generate Federal tax receipts on their own. ``(g) Cost.--No charge shall be imposed to cover any cost associated with the production or distribution of the Federal tax receipt. ``(h) Regulations.--The Secretary may prescribe such regulations as may be necessary to carry out this section.''. (b) Clerical Amendment.--The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 7529. Federal tax receipt.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Taxpayer Receipt Act This bill amends the Internal Revenue Code to require the Department of the Treasury to provide every taxpayer who files an individual income tax return for any taxable year an itemized tax receipt showing: (1) the proportionate allocation of the taxpayer's payment in such year among major expenditure categories of the federal budget (e.g., social security, national defense, Medicare and other federal health programs, low-income assistance programs, unemployment benefits, net interest on the federal debt, and other federal programs); and (2) the amount of the federal debt at the end of the fiscal year and the amount of additional borrowing by the federal government in such fiscal year for each legal U.S. resident.

Taxpayer Receipt Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cell Phone Users Bill of Rights''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Consumers rely increasingly on wireless telephone service for personal, business, and emergency communications. There are currently more than 137,000,000 wireless telephone users in the United States. This is more than a 121 percent increase in the number of such users in the past five years alone. In the future this number is projected to grow as consumers switch from wireline to wireless telephone service for their primary telephone service. (2) The lack of wireless telephone number portability--the capacity of a consumer to retain a wireless telephone number when changing wireless telephone service providers--is a barrier to competition in the market for wireless telephone service. The lack of number portability acts as a disincentive for wireless telephone service providers to improve the quality of their wireless telephone service. (3) The lack of wireless telephone number portability imposes significant costs on individual consumers and businesses looking to change wireless telephone service providers. More than half of business wireless telephone users report that number portability would make them more likely to change wireless telephone service providers. (4) Consumers cannot easily compare offers for wireless telephone service because information on terms, pricing, and service plans for such service is not presented in a uniform manner. Current wireless telephone service contracts do not clearly display the information consumers need to make an informed choice regarding a wireless telephone service contract. Consumers may not be aware of the deficiencies in wireless telephone service quality until after they have signed a contract, and exorbitant early termination penalties effectively lock consumers into undesired, long-term contracts. (b) Purposes.--The purposes of this Act are-- (1) to improve quality of wireless telephone service; and (2) to promote consumer choice in the wireless telephone service market. SEC. 3. TELEPHONE NUMBER PORTABILITY FOR WIRELESS TELEPHONE SERVICE. (a) Requirement in Largest Markets.-- (1) Requirement.--Commencing not later than six months after the date of the enactment of this Act, or November 24, 2003, whichever is earlier, the Federal Communications Commission shall require each wireless telephone service provider offering service in one of the 100 largest Metropolitan Statistical Areas (MSA), as defined by the Bureau of the Census, to provide consumers with the option to port telephone numbers between wireless telephone service providers by implementing wireless telephone number portability throughout the networks of wireless telephone service providers in each of such 100 largest Metropolitan Statistical Areas. (2) Requirement not dependent on other carrier request.-- The requirement in paragraph (1) shall be implemented in each Metropolitan Statistical Area referred to in that paragraph without regard to the receipt of a request from any telecommunications carrier in such Metropolitan Statistical Area for wireless telephone number portability. (b) Other Markets.-- (1) Requirement.--Commencing not later than 18 months after the date of the enactment of this Act, or November 24, 2004, whichever is earlier, the Commission shall require each wireless telephone service provider in a Metropolitan Statistical Area described in paragraph (2) to provide customers with the option to port their telephone number between wireless telephone service providers by implementing wireless telephone number portability throughout the networks of wireless telephone service providers in such Metropolitan Statistical Area. (2) Covered metropolitan statistical areas.--A Metropolitan Statistical Area described in this paragraph is a Metropolitan Statistical Area not covered by subsection (a) in which three or more wireless telephone services providers provide wireless telephone service. SEC. 4. DISCLOSURE REQUIREMENTS FOR PLANS AND CONTRACTS FOR WIRELESS TELEPHONE SERVICE. (a) Disclosure Requirements.--The Federal Communications Commission shall require that any publication, including publication on the Internet, of a wireless telephone service provider of the terms of a plan or contract for wireless telephone service shall set forth, in a plain and conspicuous manner, the following information: (1) Charges.--Information on charges, including calling- from area, monthly base charge, per-minute charges for minutes not included in the plan, and the method of calculating minutes charged. (2) Minutes.--Information on minutes included in plan, including weekday/daytime, nights/weekends, long-distance, roaming, incoming, and directory assistance. (3) Contract terms.--Information on plan or contract terms, including length of contract, early or other termination fees, trial periods, and start-up fees. (4) Taxes and surcharges.-- (A) Taxes.--Information on taxes to be collected by the carrier for, and paid to, a State, local, or other governmental agency. (B) Surcharges.--Information on surcharges imposed by the carrier for the costs of compliance with regulations or for other purposes. (5) Other information.--Any other information that the Commission considers appropriate to ensure that consumers of wireless telephone service are fully informed of the terms of the plan or contract. (b) Format.--Not later than six months after the date of the enactment of this Act, the Commission shall prescribe regulations requiring that the information required by subsection (a) be published by wireless telephone service providers in a tabular format, in a clear and uniform manner, and in at least 10 point font. SEC. 5. PROVISION OF INFORMATION ON WIRELESS TELEPHONE SERVICE COVERAGE AND QUALITY TO CONSUMERS. (a) Service Area Maps.-- (1) Requirement.--Each wireless telephone service provider shall make available a map showing the wireless telephone service area of such provider. Each such map shall contain the maximum practicable level of granularity. Each such map shall be updated not less often than quarterly. (2) Times of provision.--A map of the service area of a wireless telephone service shall be provided to a consumer-- (A) upon the request of the consumer; (B) whenever a plan or contract for the service is entered into; and (C) at such other times as the Federal Communications Commission shall provide. (3) Electronic availability.--Each map of a service area under paragraph (1) shall be available-- (A) on the Internet web site of the provider concerned; and (B) on the Internet web site of the Commission. (b) Service Quality.-- (1) Monitoring.--The Commission shall monitor the quality of wireless telephone service provided in the United States by requiring semiannual reports by wireless telephone service providers on the following: (A) Dropped calls. (B) Blocked calls. (C) Known coverage gaps (including average signal strength) or dead zones. (D) Predicted street level signal strength. (E) Any other matters the Commission considers appropriate. (2) Communication with public.--In monitoring the quality of wireless telephone service under paragraph (1), the Commission shall establish a toll-free telephone number (commonly referred to as an ``800'' number) and an Internet web site at which members of the public can submit to the Commission their comments and views on the quality of such service. (3) Publication.--The Commission shall make available to wireless telephone service providers and the public on a semiannual basis information on the quality of wireless telephone service provided in the United States. SEC. 6. ENFORCEMENT. (a) Enforcement by FCC.-- (1) In general.--The Federal Communications Commission shall have the power and authority to enforce the provisions of this Act as if such provisions were provisions of the Communications Act of 1934 (47 U.S.C. 151 et seq.). (2) Penalties.--Penalties authorized by title V of the Communications Act of 1947 (47 U.S.C. 501 et seq.) may be imposed under this subsection for a violation of a provision of this Act. (b) Enforcement by States.-- (1) Authority.--The attorney general of a State, or the public utility commission of a State if authorized by the laws of the State, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to enforce the provisions of this Act. (2) Penalties.--Penalties authorized by title V of the Communications Act of 1934 for a violation of a provision of that Act may be imposed in a civil action under this subsection for a violation of a provision of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Wireless telephone service.--The term ``wireless telephone service'' means any form of wireless telephone service, including cellular telephone service, broadband Personal Communication Service (PCS) telephone service, Covered Specialized Mobile Radio (SMR) service, and any successor service to such service (including so-called next generation or third generations service). (2) Wireless telephone service provider.--The term ``wireless telephone service provider'' means a telecommunications carrier that provides wireless telephone service.

Cell Phone Users Bill of Rights - Directs the Federal Communications Commission (FCC) to require each wireless telephone service provider (provider) offering service in one of the largest 100 U.S. metropolitan statistical areas to provide consumers with the option to port (retain) telephone numbers between providers by implementing wireless telephone number portability throughout the networks of providers in each of those statistical areas. Mandates subsequent implementation of such requirement with respect to all other metropolitan statistical areas in which three or more providers provide wireless service. Directs the FCC to require providers to include specified information in their wireless telephone service plans, including charges, minutes allowed, contract length, start-up fees, and taxes and surcharges. Requires each provider to make available, including on the Internet, a map of their service area. Directs the FCC to monitor the quality of wireless service through semiannual provider reports. Empowers the FCC to, and the States to bring civil actions in U.S. district court to, enforce provisions of this Act.

A bill to improve wireless telephone service, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Platte River Recovery Implementation Program and Pathfinder Modification Authorization Act of 2006''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM Sec. 101. Definitions. Sec. 102. Implementation of Program. Sec. 103. Cost-sharing contributions. Sec. 104. Authority to modify Program. Sec. 105. Effect. Sec. 106. Authorization of appropriations. Sec. 107. Termination of authority. TITLE II--PATHFINDER MODIFICATION PROJECT Sec. 201. Authorization of project. Sec. 202. Authorized uses of pathfinder reservoir. SEC. 2. PURPOSES. The purposes of this Act are to authorize-- (1) the Secretary of the Interior, acting through the Commissioner of Reclamation and in partnership with the States, other Federal agencies, and other non-Federal entities, to continue the cooperative effort among the Federal and non- Federal entities through the implementation of the Platte River Recovery Implementation Program for threatened and endangered species in the Central and Lower Platte River Basin without creating Federal water rights or requiring the grant of water rights to Federal entities; and (2) the modification of the Pathfinder Dam and Reservoir. TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM SEC. 101. DEFINITIONS. In this title: (1) Agreement.--The term ``Agreement'' means the Platte River Recovery Implementation Program Cooperative Agreement entered into by the Governors of the States and the Secretary. (2) First increment.--The term ``First Increment'' means the first 13 years of the Program. (3) Governance committee.--The term ``Governance Committee'' means the governance committee established under the Agreement and composed of members from the States, the Federal Government, environmental interests, and water users. (4) Interest in land or water.--The term ``interest in land or water'' includes a fee title, short- or long-term easement, lease, or other contractual arrangement that is determined to be necessary by the Secretary to implement the land and water components of the Program. (5) Program.--The term ``Program'' means the Platte River Recovery Implementation Program established under the Agreement. (6) Project or activity.--The term ``project or activity'' means-- (A) the planning, design, permitting or other compliance activity, preconstruction activity, construction, construction management, operation, maintenance, and replacement of a facility; (B) the acquisition of an interest in land or water; (C) habitat restoration; (D) research and monitoring; (E) program administration; and (F) any other activity that is determined to be necessary by the Secretary to carry out the Program. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) States.--The term ``States'' means the States of Nebraska, Wyoming, and Colorado. SEC. 102. IMPLEMENTATION OF PROGRAM. (a) In General.--The Secretary, in cooperation with the Governance Committee, may-- (1) participate in the Program; and (2) carry out any projects and activities that are designated for implementation during the First Increment. (b) Authority of Secretary.--For purposes of carrying out this title, the Secretary, in cooperation with the Governance Committee, may-- (1) enter into agreements and contracts with Federal and non-Federal entities; (2) acquire interests in land, water, and facilities from willing sellers without the use of eminent domain; (3) subsequently transfer any interests acquired under paragraph (2); and (4) accept or provide grants. SEC. 103. COST-SHARING CONTRIBUTIONS. (a) In General.--The States shall contribute not less than 50 percent of the total contributions necessary to carry out the Program. (b) Non-Federal Contributions.--The following contributions shall constitute the States' share of the Program: (1) $30,000,000 in non-Federal funds, with the balance of funds remaining to be contributed to be adjusted for inflation on October 1 of the year after the date of enactment of this Act and each October 1 thereafter. (2) Credit for contributions of water or land for the purposes of implementing the Program, as determined to be appropriate by the Secretary. (c) In-Kind Contributions.--The Secretary or the States may elect to provide a portion of the Federal share or non-Federal share, respectively, in the form of in-kind goods or services, if the contribution of goods or services is approved by the Governance Committee, as provided in Attachment 1 of the Agreement. SEC. 104. AUTHORITY TO MODIFY PROGRAM. The Program may be modified or amended before the completion of the First Increment if the Secretary and the States determines that the modifications are consistent with the purposes of the Program. SEC. 105. EFFECT. (a) Effect on Reclamation Laws.--No action carried out under this title shall, with respect to the acreage limitation provisions of the reclamation laws-- (1) be considered in determining whether a district (as the term is defined in section 202 of the Reclamation Reform Act of 1982 (43 U.S.C. 390bb)) has discharged the obligation of the district to repay the construction cost of project facilities used to make irrigation water available for delivery to land in the district; (2) serve as the basis for reinstating acreage limitation provisions in a district that has completed payment of the construction obligations of the district; or (3) serve as the basis for increasing the construction repayment obligation of the district, which would extend the period during which the acreage limitation provisions would apply. (b) Effect on Water Rights.--Nothing in this title -- (1) creates Federal water rights; or (2) requires the grant of water rights to Federal entities. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out projects and activities under this title $157,140,000, as adjusted under subsection (c). (b) Nonreimbursable Federal Expenditures.--Any amounts expended under subsection (a) shall be considered to be nonreimbursable Federal expenditures. (c) Adjustment.--The balance of funds remaining to be appropriated shall be adjusted for inflation on October 1 of the year after the enactment of this Act and each October 1 thereafter. (d) Availability of Funds.--At the end of each fiscal year, any unexpended funds for projects and activities made available under subsection (a) shall be retained for use in future fiscal years to implement projects and activities under the Program. SEC. 107. TERMINATION OF AUTHORITY. The authority for the Secretary to implement the First Increment shall terminate on September 30, 2020. TITLE II--PATHFINDER MODIFICATION PROJECT SEC. 201. AUTHORIZATION OF PROJECT. (a) In General.--The Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this title as the ``Secretary''), may-- (1) modify the Pathfinder Dam and Reservoir; and (2) enter into 1 or more agreements with the State of Wyoming to implement the Pathfinder Modification Project (referred to in this title as the ``Project''), as described in Appendix F to the Final Settlement Stipulation in Nebraska v. Wyoming, 534 U.S. 40 (2001). (b) Federal Appropriations.--No Federal appropriations are required to modify the Pathfinder Dam under this section. SEC. 202. AUTHORIZED USES OF PATHFINDER RESERVOIR. The approximately 54,000 acre-feet capacity of Pathfinder Reservoir, which has been lost to sediment but will be recaptured by the Project, may be used for municipal, environmental, and other purposes, as described in Appendix F to the Final Settlement Stipulation in Nebraska v. Wyoming, 534 U.S. 40 (2001).

Platte River Recovery Implementation Program and Pathfinder Modification Authorization Act of 2006 - Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation and in cooperation with the Governance Committee established under the Platte River Recovery Implementation Program Cooperative Agreement, to: (1) participate in such Program; (2) carry out any projects or activities that are designated for implementation during the Program's first 13 years (First Increment); (3) acquire interests in land, water, and facilities from willing sellers; (4) transfer acquired interests; and (5) accept or provide grants. Allows the Program to be modified before the completion of the First Increment if the Secretary and the states of Nebraska, Wyoming, and Colorado determine that the modifications are consistent with program purposes. Terminates the Secretary's authority to implement the First Increment on September 30, 2020. Authorizes the Secretary, acting through the Commissioner, to: (1) modify the Pathfinder Dam and Reservoir; and (2) enter one or more agreements with the state of Wyoming to implement the Pathfinder Modification Project. Authorizes the capacity of the Pathfinder Reservoir to be used for municipal, environmental, and other purposes, as described in Appendix F to the final settlement stipulation in Nebraska v. Wyoming.

A bill to authorize the Secretary of the Interior to participate in the implementation of the Platte River Recovery Implementation Program for Endangered Species in the Central and Lower Platte River Basin and to modify the Pathfinder Dam and Reservoir.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pesticide Harmonization and Joint Labeling Act ''. SEC. 2. DEFINITIONS. (a) In General.--Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended-- (1) by redesignating subsections (jj) through (oo) as subsections (ii) through (nn), respectively; and (2) by adding at the end the following: ``(oo) Harmonized Country.--The term `harmonized country' means a country-- ``(1) with which the United States has entered into negotiations to harmonize pesticide registration regulatory processes and requirements; and ``(2) for which the Administrator determines, in the discretion of the Administrator, that sufficient regulatory harmonization has been achieved to carry out joint labeling of agricultural pesticides. ``(pp) Interested Party.--The term `interested party' means-- ``(1) an individual producer or group of producers; or ``(2) a nonprofit agriculture membership organization that represents producers. ``(qq) Joint Label.--The term `joint label' means a label that-- ``(1) has been approved for use in both the United States and a harmonized country; and ``(2) includes a registration number of the Environmental Protection Agency and any other license number provided by a government regulatory agency for the purpose of registering pesticides. ``(rr) Joint Registration.--The term `joint registration' means a product registration that-- ``(1) has been approved by both the United States and a harmonized country; ``(2) permits sale and distribution in both countries; and ``(3) includes a joint label.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 2 the following: ``(hh) Nitrogen stabilizer. ``(ii) Maintenance applicator. ``(jj) Service technician. ``(kk) Minor use. ``(ll) Antimicrobial pesticide. ``(mm) Public health pesticide. ``(nn) Vector. ``(oo) Harmonized country. ``(pp) Interested party. ``(qq) Joint label. ``(rr) Joint registration.''. SEC. 3. JOINT LABELING OF REGISTERED PESTICIDES. (a) In General.--Section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)) is amended by adding at the end the following: ``(11) Joint labeling of registered pesticides.-- ``(A) Definition of affiliate.--In this paragraph, the term `affiliate' means a relationship among business entities in which-- ``(i) 1 business entity-- ``(I) has effective control over the other business entity through a partnership or other agreement; or ``(II) is under common control with the other business entity by a third entity; or ``(ii) 1 business entity is a corporation related to another corporation as a parent to a subsidiary by an identity of stock ownership. ``(B) Date of effectiveness.--With respect to joint labeling with a harmonized country, this paragraph shall apply on the date on which the Administrator publishes in the Federal Register a notice that-- ``(i) the Administrator has made the finding required by section 2(oo)(2) for the country; and ``(ii) includes guidelines for interested parties to petition the Administrator under subparagraph (C). ``(C) Petition by interested party.--For an agricultural pesticide for which the same or substantially similar agricultural pesticide is registered in both the United States and a harmonized country, any interested party may petition the Administrator to require the registrant of the agricultural pesticide to apply for and use a joint label to facilitate movement between the United States and the harmonized country. ``(D) Determination by administrator.-- ``(i) In general.--Not later than 120 days after the date of receipt of a request from an interested party under subparagraph (C), the Administrator shall make a determination that, in the discretion of the Administrator-- ``(I) the agricultural pesticide registered in the United States is identical or substantially similar to the agricultural pesticide registered in the harmonized country; ``(II) the registrant or affiliate is the same in the United States and the harmonized country; and ``(III) there is sufficient interest from interested parties for a joint label. ``(ii) Provision of information.-- ``(I) In general.--On request of the Administrator, the registrant shall submit information necessary for the Administrator to make the determination described in clause (i), including a product label, formula, and any other information that the Administrator determines, in the discretion of the Administrator, may be necessary to make the determination. ``(II) Disproving a determination.--In response to a determination by the Administrator under clause (i), a registrant may provide information to the Administrator to disprove a determination under subclause (I) or (II) of clause (i), including providing a confidential statement of formula to demonstrate differences between agricultural pesticides. ``(III) Provision of csf.-- Notwithstanding any other provision of this Act, the Administrator may share with appropriate officials in a harmonized country a confidential statement of formula provided under subclause (II). ``(E) Notification of joint label requirement.--On making a determination under subparagraph (D) in regards to an agricultural pesticide, the Administrator shall notify the registrant that-- ``(i) a joint label is required for the agricultural pesticide; and ``(ii) the registrant shall propose to the Administrator and the harmonized country a joint label not later than 90 days after notification by the Administrator. ``(F) Review of joint label.--In consultation with the harmonized country, the Administrator shall-- ``(i) review the proposed joint label; ``(ii) not later than 180 days after the date of receipt of a proposed joint label from the registrant, notify the registrant that-- ``(I) the joint label has been approved in the United States and shall be used on all containers of the product not later than a date specified by the Administrator, except at the discretion of the Administrator; or ``(II) the registrant shall propose to the Administrator a revised joint label in accordance with guidance by the Administrator as to what revisions are necessary; ``(iii) notify the petitioner of the approval of the joint label and provide the petitioner with a copy of the approved joint label; and ``(iv) make a copy of the label available on the Internet, which may be used to purchase and transport the approved pesticide between the United States and the harmonized country. ``(G) Use of product.--After approval by the Administrator of the joint label, consumers in the United States may obtain and use the product that is registered in a harmonized country, notwithstanding the fact that the joint label has not been approved in the harmonized country, provided that the consumer has a copy of the joint label, as approved for use in the United States. ``(H) Suspension.--The Administrator may undertake suspension proceedings regarding registration of an agricultural pesticide in accordance with the procedures described in section 3(c)(2)(B)(iv) if the Administrator determines that the registrant or affiliate-- ``(i) within the time period required by the Administrator, has failed-- ``(I) to propose a joint label under subparagraph (E)(ii); ``(II) to revise a joint label under subparagraph (F)(ii)(II); ``(III) to use a joint label under subparagraph (F)(ii)(I); or ``(IV) to provide information requested by the Administrator under subparagraph (D)(ii); or ``(ii) has withdrawn an application for registration of a pesticide from a harmonized country after receiving approval of the joint label in the United States. ``(I) Fees.--The Administrator may not charge fees for joint registration under this paragraph. ``(J) Prohibition.--The joint registration and labeling provisions of this paragraph may not be used to add new uses to an agricultural pesticide. ``(K) Cooperation and prioritization.--An interested party may petition the Administrator-- ``(i) individually or in consultation with interested parties in the harmonized country; and ``(ii) for multiple agricultural pesticides at once, in priority order. ``(L) Priority for registrants.--A registrant of an agricultural pesticide registered in the United States or the harmonized country that voluntarily applies for a joint label shall be given priority consideration.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) (as amended by section 2(b)) is amended by adding at the end of the items relating to section 3(c) the following: ``(9) Labeling. ``(10) Expedited registration of pesticides. ``(11) Joint registration of registered pesticides.''. SEC. 4. JOINT REGISTRATION OF NEW PESTICIDES OR USES. (a) In General.--Section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(4)) is amended-- (1) in the first sentence, by striking ``The Administrator'' and inserting the following: ``(A) In general.--The Administrator''; (2) in the second sentence, by striking ``The notice'' and inserting the following: ``(B) Comment period.--The notice''; and (3) by adding at the end the following: ``(C) Joint label.-- ``(i) In general.--The notice shall request comments from interested parties that are interested in a joint label for the pesticide. ``(ii) Determination of significant interest.-- ``(I) In general.--After the expiration of the comment period, the Administrator shall determine if there is significant interest in a joint label for the pesticide. ``(II) Significant interest.--If the Administrator determines that there is significant interest in a joint label for the pesticide, the Administrator shall inform the registrant that, as a condition of registering the pesticide, the registrant shall demonstrate to the satisfaction of the Administrator that the registrant has provided the harmonized country with sufficient information for the harmonized country to begin the process of reviewing the application for the pesticide.''. (b) Authority to Require Joint Label for New Pesticides or Uses.-- (1) In general.--Section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)) (as amended by section 3(a)) is amended by adding at the end the following: ``(12) Authority to require joint label for new pesticides or uses.--After making a determination of significant interest under section 3(c)(4)(C), the Administrator may notify the registrant that, in accordance with the procedures described in subparagraphs (F), (G), (H), and (I) of paragraph (11)-- ``(A) a joint label is required for the agricultural pesticide; and ``(B) the registrant shall propose to the Administrator and the harmonized country a joint label not later than 90 days after notification by the Administrator.''. (2) Technical and conforming amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) (as amended by section 3(b)) is amended by adding at the end of the items relating to section 3(c) the following: ``(12) Authority to require joint label for new pesticides or uses.''. SEC. 5. MEMORANDUM OF UNDERSTANDING. (a) In General.--The Administrator of the Environmental Protection Agency may enter into a memorandum of understanding with any harmonized country to address joint registration and joint labeling procedures, as those terms are defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) (as amended by section 2). (b) Requirements.--A memorandum of understanding entered into under this section shall address-- (1) sharing of information; and (2) the protection of the confidential statement of formula as confidential business information.

Pesticide Harmonization and Joint Labeling Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to establish procedures for the joint labeling of registered pesticides by the United States and any country which has a harmonized pesticide registration regulatory process (harmonized country). Requires the Administrator of the Environmental Protection Agency (EPA), in consultation with a harmonized country, to review and approve joint labels. Authorizes the Administrator to: (1) require joint labeling of new pesticides or uses; and (2) enter into a memorandum of understanding with any harmonized country to address joint registration and labeling procedures.

A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act to permit the distribution and sale of certain pesticides that are registered in both the United States and another country.

SECTION 1. FEDERAL RETIREMENT PROVISIONS RELATING TO MEMBERS OF CONGRESS AND CONGRESSIONAL EMPLOYEES. (a) Short Title.--This Act may be cited as the ``Congressional Annuity Reform Act of 1995''. (b) Relating to the Maximum Annuity Allowable Pursuant to Cost-of- Living Adjustments.--Section 8340(g)(1) of title 5, United States Code, is amended-- (1) in subparagraph (A) by striking ``or'' after the semicolon; (2) in subparagraph (B)-- (A) by striking ``employee or Member'' and inserting ``employee''; (B) by striking ``employee or Member'' and inserting ``employee,''; (C) by striking ``employee's or Member's'' and inserting ``employee's''; and (D) by striking the period at the end of subparagraph (B)(ii) and inserting ``; or ''; and (3) by adding at the end the following: ``(C) the final pay of the Member with respect to whom the annuity is paid.''. (c) Relating to the Years of Service as a Member of Congress and Congressional Employees for Purposes of Computing an Annuity.-- (1) CSRS.--Section 8339 of title 5, United States Code, is amended-- (A) by striking subsections (b) and (c); and (B) in subsection (a) by inserting ``or Member'' after ``employee''. (2) FERS.--Section 8415 of title 5, United States Code, is amended-- (A) by striking subsections (b) and (c); (B) in subsections (a) and (g) by inserting ``or Member'' after ``employee'' each place it appears; and (C) in subsection (g)(2) by striking out ``Congressional employee''. (d) Contribution Rates.-- (1) CSRS.--(A) Section 8334(a)(1) of title 5, United States Code, is amended-- (i) by striking out ``of an employee, 7\1/2\ percent of the basic pay of a Congressional employee,'' and inserting in lieu thereof ``of an employee, a Member,''; and (ii) by striking out ``basic pay of a Member,'' and inserting in lieu thereof ``basic pay of''. (B) The table under section 8334(c) of title 5, United States Code is amended-- (i) in the item relating to Member of employee for congressional employee service by striking out '' 7\1/2\........................ After December 31, 1969.'' and inserting in lieu thereof '' 7\1/2\........................ December 31, 1969 to (but not including) the effective date of the Congressional Annuity Reform Act of 1995. '' 7............................. On and after the effective date of the Congressional Annuity Reform Act of 1995.''; and (ii) in the item relating to Member for Member service by striking out '' 8............................. After December 31, 1969.'' and inserting in lieu thereof '' 8............................. December 31, 1969 to (but not including) the effective date of the Congressional Annuity Reform Act of 1995. '' 7............................. On and after the effective date of the Congressional Annuity Reform Act of 1995.''. (2) FERS.--Section 8422(a)(2) of title 5, United States Code, is amended-- (A) in subparagraph (A) by striking out ``employee (other than a law enforcement officer, firefighter, air traffic controller, or Congressional employee)'' and inserting in lieu thereof ``employee or Member (other than a law enforcement officer, firefighter, or air traffic controller)''; and (B) in subparagraph (B)-- (i) by striking out ``a Member,''; and (ii) by striking out ``air traffic controller, or Congressional employee,'' and inserting in lieu thereof ``or air traffic controller,''. (e) Administrative Regulations.--The Secretary of the Senate and the Clerk of the House of Representatives, in consultation with the Office of Personnel Management, may prescribe regulations to carry out the provisions of this section and the amendments made by this section for applicable employees and Members of Congress. (f) Effective Dates.-- (1) Short title.--Subsection (a) shall take effect on the date of the enactment of this Act. (2) COLA adjustments.--The amendments made by subsection (b) shall take effect on the date of the enactment of this Act and shall apply with respect to annuities commencing on or after November 6, 1996. (3) Years of service; annuity computation.--(A) The amendments made by subsection (c) shall take effect on the date of the enactment of this Act and shall apply only with regard to the computation of an annuity relating to-- (i) the service of a Member of Congress as a Member or as a congressional employee performed after November 6, 1996; and (ii) the service of a congressional employee as a congressional employee performed after November 6, 1996. (B) An annuity shall be computed as though the amendments made under subsection (c) has not been enacted with regard to-- (i) the service of a Member of Congress as a Member or a congressional employee or military service performed before November 6, 1996; and (ii) the service of a congressional employee as a congressional employee or military service performed before November 6, 1996. (4) Contribution rates.--The amendments made by subsection (d) shall take effect on the first day of the first applicable pay period beginning on or after November 6, 1996. (5) Regulations.--The provisions of subsection (e) shall take effect on the date of the enactment of this Act.

Congressional Annuity Reform Act of 1995 - Amends provisions concerning the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to: (1) limit the maximum CSRS annuity payable to Members of Congress with respect to cost of living adjustments (COLAs) to the final pay of the Member with respect to whom the annuity is paid; and (2) make other changes in the computation of CSRS and FERS annuities payable to Members, including eliminating adjustments for previous service as a congressional employee. Provides for the deduction and withholding of seven percent (currently, eight and seven and a half percent, respectively) of the basic pay of a Member or congressional employee under CSRS, thus making such deduction and withholding equivalent to that of a Federal employee. Makes deductions and withholding under FERS for Members and congressional employees conform to those of Federal employees as well. Makes provisions of this Act regarding: (1) COLA adjustments and Member annuities applicable to annuities commencing on or after November 6, 1996; (2) computation of annuities and years of service applicable to service performed after such date; and (3) contribution rates applicable in the first pay period beginning on or after such date.

Congressional Annuity Reform Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``General Agreement on Tariffs and Trade Copyright Act of 1994''. SEC. 2. RENTAL RIGHTS IN COMPUTER PROGRAMS. Section 804(c) of Public Law 101-650, 104 Stat. 5136, is amended by striking the first sentence. TITLE I--FEDERAL ANTI-BOOTLEG PROVISIONS SEC. 101. SHORT TITLE. This title may be cited as the ``Federal Anti-Bootleg Act of 1994''. SEC. 102. UNAUTHORIZED FIXATION OF AND TRAFFICKING IN SOUND RECORDINGS AND MUSIC VIDEOS OF LIVE MUSICAL PERFORMANCES. Title 18, United States Code, is amended by adding the following: ``Sec. 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances ``(a) Whoever, without the consent of a featured performer, knowingly and for purposes of commercial advantage or private financial gain-- ``(1) fixes the sounds or sounds and images of a live musical performance in a copy or phonorecord, or reproduces phonorecords or copies of such a performance from an unauthorized fixation; ``(2) transmits or otherwise communicates to the public the sounds or sounds and images of a live musical performance; or ``(3) distributes or offers to distribute, sells or offers to sell, rents or offers to rent, or traffics any copy or phonorecord fixed without the consent of a featured performer, regardless of whether the fixations occurred in the United States; shall, upon judgment of conviction, be fined not more than $250,000 or imprisoned for not more than 5 years, or both. ``(b) When a person is convicted of a violation of subsection (a), the court shall in its judgment of conviction order the forfeiture and destruction of any copies of phonorecords created in violation thereof, as well as any plates, molds, matrices, masters, tapes, and film negatives by means of which such copies or phonorecords may be made. The court may also, in its discretion, order the forfeiture and destruction of any other equipment by means of which such copies or phonorecords may be reproduced, taking into account the nature, scope, and proportionality of the use of the equipment in the offense. ``(c) If copies or phonorecords of sounds or sounds and images of a live musical performance are fixed outside of the United States without the consent of a featured performer, such copies or phonorecords are subject to seizure and forfeiture in the same manner as property imported in violation of the customs revenue laws. The Secretary of the Treasury and the United States Postal Service shall, separately or jointly, make regulations for the enforcement of the provisions of this subsection, including regulations by which any featured performer may, upon payment of a specified fee, be entitled to notification by the United States Customs Service of the importation of phonorecords or copies that appear to consist of unauthorized fixations of the sounds or sounds and images of a live musical performance. ``(d) As used in this section-- ``(1) The terms `copy', `fixed', `musical work', `phonorecord', `reproduce', `sound recordings', and `transmit' have the same meanings given such terms in section 101 of title 17, United States Code. ``(2) The term `traffic' means transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or make or obtain control of with intent to transport, transfer, or dispose of. ``(e) This section shall apply to the following acts that occur 1 year after the entry into force of the World Trade Organization Agreement-- ``(1) live musical performances fixed without the consent of a featured performer; ``(2) distributions, offers to sell, sales, offers to sell, rentals, offers to rent, or trafficking in any copy or phonorecord fixed without the consent of a featured performer, regardless of when the fixation occurred; and ``(3) transmissions or other communications to the public of sounds or sounds and images of a live musical performance fixed without consent of a featured performer.''. TITLE II--COPYRIGHT IN RESTORED WORKS SEC. 201. SHORT TITLE. This title may be cited as the ``Berne and GATT Retroactivity Act of 1994''. SEC. 202. RESTORED WORKS. (a) In General.--Section 104A of title 17, United States Code, is amended to read as follows: ``SEC. 104A. COPYRIGHT IN RESTORED WORKS. ``(a) Automatic Protection and Term.-- ``(1) Term.--Copyright subsists, in accordance with this section, in restored works, and vests automatically on the date of restoration. ``(A) Copyright in restored works published or registered with the Copyright Office before January 1, 1978, shall endure for a term of 75 years from the date of first publication or registration as the case may be. ``(B) Copyright in works created on or after January 1, 1978, shall endure for the term of protection established in section 302. ``(2) Exception.--No work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof, shall be a restored work. ``(b) Ownership of Restored Copyright.--A restored work vests initially in the author of the work as determined according to the law of its source country. ``(c) Filing of Notice of Intent to Enforce Restored Copyright Against Reliance Parties.--Any person owning copyright in a restored work or an exclusive right therein may file with the Copyright Office a notice of intent to enforce that copyright against reliance parties. Acceptance of a notice by the Copyright Office shall not create a presumption of the validity of any of the facts stated therein. ``(d) Remedies for Infringement of Restored Copyrights.-- ``(1) Enforcement of copyright in restored works in the absence of a reliance party.--As against any party who is not a reliance party, the remedies provided in chapter 5 of this title shall be available immediately upon restoration with respect to any infringing act commenced on or after the date of restoration. ``(2) Enforcement of copyright in restored works as against reliance parties.--As against a reliance party, subject to paragraph (3), the remedies provided in chapter 5 of this title shall be available upon restoration-- ``(A)(i) if the owner of the restored work files with the Copyright Office, between the date of restoration and 24 months thereafter, a notice of intent to enforce a restored work; and ``(ii) the act of infringement commenced on or after 12 months from the date of publication of the notice in the Federal Register; ``(B)(i) if the owner of the copyright in the restored work or an exclusive right therein serves upon that reliance party a notice of intent to enforce a restored work; and ``(ii) the act of infringement commenced prior to receipt of the notice; ``(C) if copies of a restored work are made after publication of the notice of intent in the Federal Register; or ``(D) in the case of a particular reliance party, after receipt of a notice of intent to enforce the restored work. ``(3) Commencement of infringement for reliance parties.-- For purposes of section 412, in the case of reliance parties, infringement shall be deemed to have commenced prior to registration when acts which would have constituted infringement were committed prior to the date of the restoration and continued after such date. ``(e) Notices of Intent to Enforce a Restored Copyright.-- ``(1) Notices of intent filed with the copyright office.-- (A)(i) Notices of intent filed with the Copyright Office to enforce a restored work shall be signed by the owner of the copyright or the owner of the exclusive right filing the notice and shall identify the title of the restored work. If the notice is signed by an agent, the agency relationship must have been constituted in a writing signed by the owner of the restored work or the owner of the exclusive right therein prior to the filing of the notice. The notice may contain any other information specified in regulations established by the Register of Copyrights pursuant to this section. ``(ii) If a restored work has no formal title, it shall be described in the notice of intent in detail sufficient to aid in its identification. Minor errors or omissions may be corrected after the period established in subsection (d)(2)(A) and shall be published by the Register of Copyrights in the Federal Register pursuant to subparagraph (B). ``(B)(i) The Register of Copyrights shall publish in the Federal Register, commencing not later than 4 months after the date of the Agreement on Trade-Related Aspects of Intellectual Property of the General Agreement on Tariffs and Trade becomes effective with respect to the United States and every 4 months thereafter, lists identifying restored works and the ownership thereof if a notice of intent to enforce a restored work has been filed. ``(ii) Not less than 1 list containing all notices of intent to enforce a restored work filed with the Copyright Office shall be maintained in the Public Information Office of the Copyright Office and shall be available for inspection and copying during regular business hours pursuant to sections 705 and 708. ``(C) The Register of Copyrights is authorized to fix reasonable fees based on the costs of receipt, processing, recording, and publication of notices of intent to enforce a restored work. ``(D)(i) Not later than 30 days after the date the Agreement on Trade-Related Aspects of Intellectual Property of the General Agreement on Tariffs and Trade becomes effective with respect to the United States, the Copyright Office shall establish and publish in the Federal Register regulations governing the filing under this subsection of notices of intent to enforce a restored work. ``(ii) Such regulations shall permit owners of restored works to simultaneously obtain registration for a claim of copyright in the restored work. ``(2) Notices of intent served on a reliance party.-- ``(A) Notices of the intent to enforce a restored work may be served by the copyright owner of the restored work or by the owner of any exclusive right therein on a reliance party. ``(B) Such notice shall identify the restored work and the use to which the owner objects and shall include an address and telephone number at which the reliance party may contact the owner. ``(f) Immunity From Warranty and Related Liability.--An individual who warranted, promised, or guaranteed that a work that such individual created did not violate 1 of the exclusive rights granted in section 106, shall not be liable for legal, equitable, arbitral, or administrative relief if the warranty, promise, or guarantee is breached by virtue of the restoration of copyright under this section. ``(g) Definitions.--For purposes of this section and section 109(a): ``(1) The term `date of adherence' means the earlier of the dates upon which a foreign country that is not a member of the Berne Union or the World Trade Organization, as of the date of the enactment of the General Agreement on Tariffs and Trade Intellectual Property Act of 1994, becomes a member of the Berne Union or the World Trade Organization. ``(2) The term `date of restoration' of a restored copyright means-- ``(A) the date the Agreement on Trade-Related Aspects of Intellectual Property of the General Agreement on Tariffs and Trade becomes effective with respect to the United States, if the work is a restored work on such date; or ``(B) the date of adherence. ``(3) The term `eligible country' means a country, other than the United States, which, on the date that copyright is restored under the provisions of this section, has joined the World Trade Organization or adhered to the Berne Convention for the Protection of Literary and Artistic Works. ``(4) The term `reliance party' means any person who, prior to the date the Agreement on Trade-Related Aspects of Intellectual Property of the General Agreement on Tariffs and Trade becomes effective with respect to the United States, or who, prior to the date of adherence of a source country which became an eligible country after the date of the enactment of such Act-- ``(A) engaged in acts which would have violated section 106 if the restored work had been subject to copyright protection, and who, after the date the Agreement on Trade-Related Aspects of Intellectual Property of the General Agreement on Tariffs and Trade becomes effective with respect to the United States, or after the date of adherence, continued to engage in such acts; or ``(B) made substantial monetary investments in a creation of a work which incorporates material portions of a restored work. ``(5) The term `restored work' means an original work of authorship that-- ``(A) is protected under subsection (a); ``(B) is not in the public domain in its source country; ``(C) is in the public domain in the United States due to-- ``(i) noncompliance with formalities imposed at any time by United States copyright law, including failure of renewal, lack of proper notice, or failure to comply with any manufacturing requirement; or ``(ii) lack of subject matter protection in the case of sound recordings fixed before February 15, 1972; and ``(D) has not less than 1 author who was, at the time the work was created, a national or domiciliary of an eligible country, and if published, was first published in an eligible country but not published in the United States during the 30-day period following publication in such eligible country. ``(6) The term `source country' of a restored work means-- ``(A) a country other than the United States; ``(B) in the case of an unpublished work-- ``(i) the eligible country in which the author is a national or domiciliary, or, if a restored work has more than 1 author, the majority of foreign authors are nationals or domiciliaries of such eligible countries; or ``(ii) if the majority of authors are not foreign, the source country shall be the country, other than the United States, which has the most significant contacts with the work; and ``(C) in the case of a published work, the eligible country in which the work is first published, or if the restored work is published on the same day in 2 or more eligible countries, the source country shall be the country, other than the United States, which has the most significant contacts with the work.''. (b) Limitation.--Section 109(a) of title 17, United States Code, is amended by adding at the end the following: ``(e) the sale or other disposition without the authorization of the owner of a restored work of copies or phonorecords manufactured before the date of restoration of works in which copyright has been restored under section 104A may be sold or otherwise disposed of only during the period specified in section 104A(d)(3), and after such period, only as part of a sale or disposition of not more than 1 copy or phonorecord at a time.''. HR 4894 IH----2

TABLE OF CONTENTS: Title I: Federal Anti-Bootleg Provisions Title II: Copyright in Restored Works General Agreement on Tariffs and Trade Copyright Act of 1994 - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs. Title I: Federal Anti-Bootleg Provisions - Federal Anti-Bootleg Act of 1994 - Amends the Federal criminal code to impose monetary and imprisonment penalties on persons who, without the consent of a featured performer, knowingly and for purposes of commercial advantage or private financial gain: (1) fix the sound or images of a live musical performance in a copy or phonorecord or reproduce phonorecords or copies of such a performance from an unauthorized fixation; (2) communicate to the public the sounds or images of such a performance; or (3) distribute, sell, rent, or traffic (or offer to engage in such activities) any copy or phonorecord fixed without such consent. (Sec. 102) Applies this Act to the following acts that occur one year after the entry into force of the World Trade Organization Agreement: (1) live musical performances fixed without the consent of a featured performer; (2) distributions, sales, rentals, or trafficking (or offers thereof) in any copy or phonorecord fixed without such consent; and (3) communications to the public of sounds or images of a live musical performance without such consent. Title II: Copyright in Restored Works - Berne and GATT Retroactivity Act of 1994 - Amends Federal copyright law to replace provisions regarding copyright in certain motion pictures with those concerning copyright in restored works. (Sec. 202) Declares that copyright subsists in restored works and vests automatically on the date of restoration. Requires copyright in: (1) restored works published or registered with the Copyright Office before 1978 to endure for a term of 75 years from the date of first publication or registration; and (2) works created on or after January 1, 1978, to endure for terms of protection established in existing provisions (the life of the author and fifty years after the author's death, with exceptions). Provides that no work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof shall be a restored work. Declares that a restored work vests initially in the author of the work as determined according to the law of its source country. Authorizes any person owning copyright in a restored work to file a notice of intent to enforce that copyright against reliance parties with the Copyright Office. Defines a "reliance party" as any person who, prior to the date the Agreement on Trade-Related Aspects of Intellectual Property of the General Agreement on Tariffs and Trade becomes effective with respect to the United States, or who, prior to the date of adherence of a source country which became an eligible country after this Act's enactment: (1) engaged in acts which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continued to engaged in such acts after the Agreement became effective; or (2) made substantial monetary investments in a creation of a work which incorporates material portions of a restored work. Sets forth remedies for infringement of copyrights in restored works.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecutors and Defenders Incentive Act of 2005''. SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART HH--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS ``SEC. 2901. GRANT AUTHORIZATION. ``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders. ``(b) Definitions.--In this section: ``(1) Prosecutor.--The term `prosecutor' means a full-time employee of a State or local agency who-- ``(A) is continually licensed to practice law; and ``(B) prosecutes criminal cases at the State or local level. ``(2) Public defender.--The term `public defender' means an attorney who-- ``(A) is continually licensed to practice law; and ``(B) is-- ``(i) a full-time employee of a State or local agency or a nonprofit organization operating under a contract with a State or unit of local government, that provides legal representation to indigent persons in criminal cases; or ``(ii) employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection (g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal cases. ``(3) Student loan.--The term `student loan' means-- ``(A) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.); ``(B) a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 1087aa et seq.); and ``(C) a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act. ``(c) Program Authorized.--The Attorney General shall establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who-- ``(1) is employed as a prosecutor or public defender; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(d) Terms of Agreement.-- ``(1) In general.--To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement that specifies that-- ``(A) the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment; ``(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section; ``(C) if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee (or such employee's estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government; ``(D) the Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and ``(E) the Attorney General shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations. ``(2) Repayments.-- ``(A) In general.--Any amount repaid by, or recovered from, an individual or the estate of an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. ``(B) Merger.--Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged. ``(3) Limitations.-- ``(A) Student loan payment amount.--Student loan repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed-- ``(i) $10,000 for any borrower in any calendar year; or ``(ii) an aggregate total of $60,000 in the case of any borrower. ``(B) Beginning of payments.--Nothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under this subsection. ``(e) Additional Agreements.-- ``(1) In general.--On completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d). ``(2) Term.--An agreement entered into under paragraph (1) may require the borrower to remain employed as a prosecutor or public defender for less than 3 years. ``(f) Award Basis; Priority.-- ``(1) Award basis.--Subject to paragraph (2), the Attorney General shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations. ``(2) Priority.--The Attorney General shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who-- ``(A) received repayment benefits under this section during the preceding fiscal year; and ``(B) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d). ``(g) Regulations.--The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2006 and such sums as may be necessary for each succeeding fiscal year.''.

Prosecutors and Defenders Incentive Act of 2005 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to establish a loan repayment program for student loan borrowers who agree in writing to remain employed as state or local criminal prosecutors or federal, state, or local public defenders for not less than three years. Requires borrowers who are involuntarily separated from employment due to misconduct or who voluntarily leave employment before the required three-year period to repay any benefits received under this Act. Limits the amount of loans which may be repaid to $10,000 for any borrower in any calendar year, or an aggregate total of $60,000 for any borrower. Authorizes the Attorney General to enter into an additional loan repayment agreement with a borrower to remain employed as a prosecutor or public defender for a period of less than three years. Authorizes appropriations.

A bill to provide for loan repayment for prosecutors and public defenders.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Checklist Act of 2010''. SEC. 2. RESEARCH INTO MEDICAL CHECKLIST DEVELOPMENT AND EFFICACY. (a) Study.--The Director of the Agency for Healthcare Research and Quality, acting through the Center for Quality Improvement and Patient Safety, shall conduct research and a study, in accordance with the requirements of this section, regarding the development and efficacy of medical checklists. (b) Contents.--In carrying out subsection (a), the Director shall conduct research and a study regarding the following: (1) Testing of different models of medical checklists to measure the effect of checklist format, length, and design for different clinical tasks on-- (A) adoption of checklists by health care professionals; (B) time spent by health care professionals on the clinical task of interest; and (C) reliable completion of medical procedures. (2) Examination of checklist development and use in other industries, such as commercial aviation and nuclear power, and the feasibility of applying and adapting methodology developed in those industries to the health care industry in a way that would result in health care quality improvement. (3) Identification of organizational characteristics needed to effectively implement the use of medical checklists in health care settings. (4) Measurement of the effects of the use of medical checklists on patient safety and health outcomes. (5) Identification of medical procedures for which the development and use of medical checklists would be beneficial. (6) Investigation of the development, implementation, and use of available medical checklists, including checklists for safe surgery and central line insertion and maintenance, to inform further medical checklist development. (c) Scope.--The Director shall ensure that each aspect of the research and study conducted under subsection (a) is examined across a variety of health care provider characteristics, medical procedures, patient populations, and other factors that could affect the use of medical checklists. (d) Dissemination.--The Director shall make available to the public the results of the study conducted under subsection (a) and shall disseminate such results to patient safety organizations listed pursuant to section 924(d) of the Public Health Service Act (42 U.S.C. 299b-24(d)). (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2011 through 2014. SEC. 3. COORDINATING MEDICAL CHECKLISTS AND HEALTH INFORMATION TECHNOLOGY SYSTEMS. (a) In General.--The HIT Policy Committee in the Office of the National Coordinator for Health Information Technology (as established in section 3002 of the Public Health Service Act (42 U.S.C. 300jj-12) shall develop policy recommendations regarding-- (1) the extent to which the use of medical checklists should be incorporated into health information technology systems; and (2) measures to determine the effectiveness of such use. (b) Areas of Consideration.--In making recommendations under subsection (a), the HIT Policy Committee may consider the following areas: (1) The ease with which medical checklists in electronic formats can be used by health care professionals. (2) The effect of the availability of medical checklists in electronic formats on the adoption and use of medical checklists by health care professionals. (3) The effect of the use of medical checklists in electronic formats on the time spent by health care professionals on medical procedures. (4) The ability of the health information technology system to collect data on patient safety and health outcomes that could be analyzed to aid in the design and update of medical checklists. (5) The ease with which medical checklists in electronic formats can be updated on an ongoing basis based on evidence from medical research and local experience. (6) The capability of health information technology systems to collect data, where applicable, regarding the use of medical checklists by health care providers, and any relation between that use and patient safety and health outcomes. SEC. 4. INSTITUTE OF MEDICINE STUDY ON FURTHER MEDICAL CHECKLIST RESEARCH. (a) In General.--The Secretary of Health and Human Services shall enter into an agreement with the Institute of Medicine and the National Academy of Engineering of the National Academies to conduct a study in accordance with this section. (b) Study.--The Secretary shall ensure that the study conducted under this section-- (1) reviews available medical checklists and similar quality improvement techniques, data on the adoption and use of such techniques by health care professionals, and evidence of the efficacy of such techniques in relation to patient safety and health outcomes; (2) identifies areas of research needed to improve medical checklists in order to increase the adoption and efficacy of medical checklists; (3) analyzes organizational impediments to the adoption and use of medical checklists; (4) reviews the degree to which there is sufficient evidence with which to develop new medical checklists and, if such evidence is insufficient, identifies areas requiring further study in order to develop such evidence; and (5) determines whether the availability of an increased number of medical checklists would improve patient safety and health outcomes and, if so, identifies methods for using recent medical research to develop new medical checklists. (c) Methodology of Study.-- (1) Scope.--The Secretary shall ensure that the agreement entered into under subsection (a) provides that the study conducted under such subsection will consider the perspectives of-- (A) various types of health care professionals in various types of health care settings; (B) individuals conducting academic research in health care quality; and (C) patients. (2) Consultation with relevant organizations.--The Secretary shall ensure that the agreement entered into under subsection (a) provides that relevant agencies and organizations with expertise on medical checklists will be consulted during the study conducted under such subsection, including the following: (A) The Agency for Healthcare Research and Quality. (B) The American Nurses Association. (C) The Institute for Healthcare Improvement. (D) The American Hospital Association. (E) The American Medical Association. (F) The World Health Organization. (G) The National Committee for Quality Assurance. (H) The Joint Commission. (I) The American Academy of Physician Assistants. (d) Report.--The Secretary shall ensure that the agreement entered into under subsection (a) provides that not later than 18 months after the date of the enactment of this Act, a report providing the findings and recommendations made in the study conducted under such subsection will be submitted to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate. SEC. 5. DEFINITIONS. In this Act, the following definitions apply: (1) Health care professional.--The term ``health care professional'' means an individual who provides health care services, including a physician, physician assistant, nurse practitioner, clinical nurse specialist (as those terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)), and such other individuals as the Secretary of Health and Human Services determines appropriate. (2) Health care setting.--The term ``health care setting'' means a facility at which health care services are provided, including a hospital providing inpatient hospital services (as that term is defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)), an ambulatory surgical center (meeting the standards specified under section 1832(a)(2)(F)(i) of the Social Security Act (42 U.S.C. 1395k)), and such other facilities as the Secretary of Health and Human Services determines appropriate. (3) Health care provider.--The term ``health care provider'' means a health care professional or a health care setting. (4) Medical checklist.--The term ``medical checklist'' means a predetermined, evidence-based, well-defined set of steps that should be completed during a designated medical clinical encounter or medical procedure, as further defined by the Director of the Agency for Healthcare Research and Quality in consultation with the Institute of Medicine and the National Academy of Engineering of the National Academies.

Medical Checklist Act of 2010 - Requires the Director of the Agency for Healthcare Research and Quality, acting through the Center for Quality Improvement and Patient Safety, to conduct research and a study regarding the development and efficacy of medical checklists, including regarding: (1) the testing of different models of medical checklists; (2) an examination of checklist development and use in other industries; and (3) a measurement of the effects of the use of medical checklists on patient safety and health outcomes. Requires dissemination of the results of such study to patient safety organizations. Defines "medical checklist" as a predetermined, evidence-based, well-defined set of steps that should be completed during a designated medical clinical encounter or medical procedure. Requires the HIT Policy Committee to develop policy recommendations regarding: (1) the extent to which the use of medical checklists should be incorporated into health information technology systems; and (2) measures to determine the effectiveness of such use. Requires the Secretary to enter into an agreement with the Institute of Medicine and the National Academy of Engineering of the National Academies to conduct a study on medical checklists that includes: (1) a review of available medical checklists and similar quality improvement techniques; (2) an identification of areas of research needed to improve medical checklists; (3) an analysis of organizational impediments to the adoption and use of medical checklists; and (4) a determination of whether the availability of an increased number of medical checklists would improve patient safety and health outcomes.

To encourage the use of medical checklists through research, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Training and Education for American Workers Act of 2000''. SEC. 2. USE OF H-1B NONIMMIGRANT PETITIONER FEES. Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916 note) is amended to read as follows: ``(c) Demonstration Programs and Projects To Provide Technical Skills Training for Workers; Loan Forgiveness for Mathematics, Science, and Reading Teachers.-- ``(1) Technical skills training for workers.-- ``(A) In general.--The Secretary of Labor shall use 75 percent of the funds made available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) to establish demonstration programs or projects to provide technical skills training for employed and unemployed workers for any skill shortage related to a specialty occupation (as defined in section 214(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(i)(1)). ``(B) Grants.--The Secretary of Labor shall award grants to carry out programs or projects described in subparagraph (A) to-- ``(i) local workforce investment boards established under section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832); ``(ii) regional consortia of local boards described in clause (i); or ``(iii) in conjunction with, and with the active participation of, local boards described in clause (i), consortia (which may be local, regional, or multistate consortia)-- ``(I) a majority of whose members are a business or represent a business; and ``(II) whose membership may include representatives of State and local governments, community-based organizations (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), educational institutions, and labor organizations (for a local area, as defined in such section 101, in which employees are represented by labor organizations), nominated by local labor federations, or (for a local area, as so defined, in which no employees are represented by such organizations), other representatives of employees. ``(C) Priority projects.--In awarding grants under subparagraph (B), the Secretary of Labor shall give priority to programs or projects that train employed and unemployed workers in skills that are in shortage in the high technology, information technology, and biotechnology fields, including software and communications services, telecommunications, systems installation and integration, computers and communications hardware, health care technology, biotechnology, and biomedical research, manufacturing, and innovation services. ``(D) Grant application requirements.--An application for a grant under this paragraph shall include-- ``(i) specific goals for each program or project for which funds are sought, including targets for measurable increases in skill gains for those individuals being trained under the program or project; and ``(ii) an agreement that the program or project shall be subject to evaluations by the Secretary of Labor to measure its effectiveness. ``(E) Matching funds.--Each grantee receiving funds under this paragraph shall demonstrate the manner by which the grantee will provide matching resources (in the form of cash, in-kind contributions, or both) equal to at least 25 percent of the total grant amount awarded. ``(F) Target population.--Each grantee receiving funds under this paragraph shall make efforts actively to recruit and train individuals who traditionally are underrepresented in information technology occupations, such as minorities, women, low-wage workers, workers residing in empowerment zones and enterprise communities (as defined in section 1393(b) of the Internal Revenue Code of 1986), and individuals with a disability. ``(2) Loan forgiveness for mathematics, science, and reading teachers.-- ``(A) In general.--Notwithstanding any other provision of law, the Secretary of Labor shall transfer to the Secretary of Education 25 percent of the funds made available to the Secretary of Labor under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)). ``(B) Use of funds.--The Secretary of Education shall use funds made available under subparagraph (A) to carry out section 3 of the Training and Education for American Workers Act of 2000.''. SEC. 3. LOAN FORGIVENESS PROGRAM FOR MATHEMATICS, SCIENCE, AND READING TEACHERS. (a) Program.-- (1) In general.--The Secretary of Education (in this section referred to as the ``Secretary'') shall carry out a program of assuming the obligation to repay, pursuant to subsection (c), a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 or part D of such title (excluding loans made under sections 428B and 428C of such Act or comparable loans made under part D of such title) for any new borrower after October 1, 1998, who-- (A) has been employed, for 3 consecutive complete school years, as-- (i) a full-time teacher of mathematics, science, or a related field; or (ii) a full-time teacher responsible for providing reading instruction in any of grades kindergarten through 3d grade; (B) satisfies the requirements of subsection (d); and (C) is not in default on a loan for which the borrower seeks forgiveness. (2) Award basis; priority.-- (A) Award basis.--Subject to subparagraph (B), loan repayment under this section shall be on a first-come, first-serve basis and subject to the availability of appropriations. (B) Priority.--The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year. (3) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section. (b) Loan Repayment.-- (1) Eligible amount.--The amount the Secretary may repay on behalf of any individual under this section shall not exceed-- (A) the sum of the principal amounts outstanding (not to exceed $3,000) of the individual's qualifying loans at the end of 3 consecutive complete school years of service described in subsection (a)(1)(A); (B) an additional portion of such sum (not to exceed $1,000) at the end of each of the next 2 consecutive complete school years of such service; and (C) a total of not more than $5,000. (2) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under part B or D of title IV of the Higher Education Act of 1965. (3) Interest.--If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary. (c) Repayment to Eligible Lenders.--The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year. (d) Application for Repayment.-- (1) In general.--Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Conditions.-- (A) Years of service.--An eligible individual may apply for loan repayment under this section after completing the required number of years of qualifying employment. (B) Fully qualified teachers in public elementary or secondary schools.--An application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant-- (i) if teaching in a public elementary, middle, or secondary school (other than as a teacher in a public charter school), has obtained State certification as a teacher (including certification obtained through alternative routes to certification) or passed the State teacher licensing exam and holds a license to teach in such State; and (ii) if teaching in-- (I) a public elementary school, holds a bachelor's degree and demonstrates knowledge and teaching skills in reading, writing, mathematics, science, and other areas of the elementary school curriculum; or (II) a public middle or secondary school, holds a bachelor's degree and demonstrates a high level of competency in all subject areas in which he or she teaches through-- (aa) a high level of performance on a rigorous State or local academic subject areas test; or (bb) completion of an academic major in each of the subject areas in which he or she provides instruction. (C) Teachers in nonprofit private elementary or secondary schools or charter schools.--In the case of an applicant who is teaching in a nonprofit private elementary or secondary school, or in a charter school, an application for loan repayment under this section shall include such information as is necessary to demonstrate that the applicant has knowledge and teaching skills in reading, writing, and mathematics, as certified by the chief administrative officer of the school. (e) Treatment of Consolidation Loans.--A loan amount for a consolidation loan made under section 428C of the Higher Education Act of 1965, or a Federal Direct Consolidation Loan made under part D of title IV of such Act, may be a qualified loan amount for the purpose of this section only to the extent that such loan amount was used by a borrower who otherwise meets the requirements of this section to repay-- (1) a loan made under section 428 or 428H of such Act; or (2) a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, made under part D of title IV of such Act. (f) Funds for Program.--The Secretary shall carry out this section with funds made available under section 414(c)(2) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916 note). SEC. 4. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on October 1, 2000.

Directs the Secretary of Labor to: (1) use 75 percent of such funds to award grants to provide such training for any skill shortage related to a specialty occupation, as defined under the Immigration and Nationality Act; and (2) transfer 25 percent of such funds to the Secretary of Education for a student loan forgiveness program for mathematics, science, and reading teachers. Revises such training grant eligibility provisions. Requires certain eligible local, regional, or multi-State consortia to act in conjunction with, and with the active participation of, eligible local workforce investment boards. Requires 25 percent matching funds from grantees. Gives priority for such training grants to programs or projects that train employed and unemployed workers in skills that are in shortage in the high technology, information technology, and biotechnology fields, including software and communications services, telecommunications, systems installation and integration, computers and communications hardware, health care technology, biotechnology, and biomedical research, manufacturing, and innovation services. Requires grantees to make active efforts to recruit and train individuals traditionally underrepresented in information technology occupations, such as minorities, women, low-wage workers, workers residing in empowerment zones and enterprise communities, and individuals with a disability. Establishes such student loan forgiveness program, for specified loans made under the Higher Education Act of 1965 (HEA), for new borrowers after October 1, 1998, who have been employed as full-time teachers of mathematics, science, or a related field, or have been full-time teachers responsible for providing reading instruction in any of grades kindergarten through third grade, for three consecutive complete school years. Sets forth various qualifications which loan forgiveness applicants must demonstrate with respect to their being fully qualified teachers in: (1) public elementary or secondary schools; or (2) nonprofit private elementary or secondary schools or charter schools.

Training and Education for American Workers Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Liberty Protection Act of 2012''. SEC. 2. FINDINGS. Congress finds the following: (1) Deeply embedded in the history and traditions of the United States is the protection of religious freedom. The First Amendment of the United States Constitution states ``Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof'', and thus, it gives general protection for individuals' religious beliefs and practices. (2) Repeatedly during the existence of the United States, Congress has reaffirmed the freedom of religion by enacting, among other things, title VII of the Civil Rights Act of 1964, the Church amendment, the Weldon amendment, section 245 of the Public Health Service Act, and the Religious Freedom Restoration Act of 1993. Through their passage, the United States has augmented religious freedoms and set the precedent of protection of conscience rights. (3) The Weldon amendment has been regularly included in appropriations legislation for the Department of Health and Human Services. The Weldon amendment prohibits Federal agencies, States, and local governments that receive the appropriated funds in the respective Act from discriminating among institutional or individual health care professionals, organizations, facilities, and plans on the basis of a health care entity's refusal to provide, pay for, provide coverage of, or refer for abortions. (4) The United States has a history of protecting individuals, organizations, facilities, and plans from being penalized or discriminated against due to their religious beliefs and moral values. Until the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), the Federal Government has never sought to impose specific health care coverage or care requirements that infringe on the conscience rights of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care entities. (5) The Patient Protection and Affordable Care Act grants the Department of Health and Human Services the authority to provide a list of detailed services to be included as essential health benefits (as defined in section 1302(a) of the Patient Protection and Affordable Care Act), and preventive health services described in section 2713 of the Public Health Service Act. These services represent a new nationwide coverage requirement for health plans. (6) The Patient Protection and Affordable Care Act provides a narrow exemption for religious groups that object to participation in government health programs generally, but it does not allow purchasers, plan sponsors, and other stakeholders with religious or moral objections to specific required items or services to decline providing or obtaining coverage of such items or services, or allow health care entities with such objections to decline to provide them. (7) By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates in the Patient Protection and Affordable Care Act jeopardize the ability of individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace. (8) In a significant move from the current free insurance coverage market, the Department of Health and Human Services issued an interim rule on August 1, 2011, requiring individual and group health plans to cover free sterilization and all contraceptives approved by the Food and Drug Administration. (9) Within the list of contraceptives approved by the Food and Drug Administration are drugs containing abortifacient substances and effects, including Levonorgestral commonly known as Plan B and ulipristal acetate marketed as Ella. Thus, the Patient Protection and Affordable Care Act effectively mandates employers to provide health care insurance covering abortion drugs and services, which is a violation of numerous Federal provisions aforementioned. (10) On January 20, 2012, the Department of Health and Human Services announced that it would not broaden the religious exemption it included in its August 1, 2011, interim rule. Instead, it gave institutions and employers with religious and moral objections to including free sterilization and all contraceptives approved by the Food and Drug Administration in their offered health insurance plan an additional year to ``adapt'' their consciences to the mandate. SEC. 3. PROTECTING RIGHTS OF CONSCIENCE. (1) Prohibition on implementation of certain rules.-- Notwithstanding any other provision of law, the Secretary of Health and Human Services shall not implement or enforce any provision of the interim final rule published on July 19, 2010 (75 Federal Register 41726) or any amendment to such rule, including the amendment published on August 3, 2011 (76 Federal Register 46621), insofar as such provision or amendment relates to requiring any individual or entity to provide coverage of sterilization or contraceptive services to which the individual or entity is opposed on the basis of religious belief. (2) Clarification on application to ppaca requirements.-- Section 1302(b) of the Patient Protection and Affordable Care Act (Public Law 111-148; 42 U.S.C. 18022(b)) is amended by adding at the end the following new paragraph: ``(6) Special rule.--A health plan shall not be considered to have failed to provide the essential health benefits package described in subsection (a) (or preventive health services described in section 2713 of the Public Health Service Act), to fail to be a qualified health plan, or to fail to fulfill any other requirement under this title on the basis that the plan does not provide (or pay for) coverage of sterilization or contraceptive services because-- ``(A) providing (or paying for) such coverage is contrary to the religious or moral beliefs of the sponsor, issuer, or other entity offering the plan; or ``(B) such coverage, in the case of individual coverage, is contrary to the religious or moral beliefs of the purchaser or beneficiary of the coverage.''.

Religious Liberty Protection Act of 2012 - Prohibits the Secretary of Health and Human Services (HHS) from implementing or enforcing any provision of the interim final rule published on July 19, 2010, related to the coverage of preventive health services under the Patient Protection and Affordable Care Act (PPACA) or any amendment to such rule insofar as such provision or amendment require any individual or entity to provide coverage of sterilization or contraceptive services to which the individual or entity is opposed on the basis of religious belief. Amends PPACA to declare that a health plan shall not be considered to have failed to provide essential health benefits, to fail to be a qualified health plan, or to fail to fulfill any other requirements on the basis that the plan does not provide or pay for coverage of sterilization or contraceptive services because: (1) providing or paying for such coverage is contrary to the religious or moral beliefs of the sponsor, issuer, or other entity offering the plan; or (2) such coverage, in the case of individual coverage, is contrary to the religious or moral beliefs of the purchaser or beneficiary of the coverage.

To prohibit the Secretary of Health and Human Services from implementing certain rules relating to the health insurance coverage of sterilization and contraceptives approved by the Food and Drug Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Child Protection Act of 2002''. SEC. 2. NATIONAL CRIMES AGAINST CHILDREN RESPONSE CENTER. (a) In General.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540A. National Crimes Against Children Response Center ``(a) Establishment.--There is established within the Federal Bureau of Investigation a National Crimes Against Children Response Center (referred to in this section as the `Center'). ``(b) Mission.--The mission of the Center is to develop a national response plan model that-- ``(1) provides a comprehensive, rapid response plan to report crimes involving the victimization of children; and ``(2) protects children from future crimes. ``(c) Duties.--To carry out the mission described in subsection (b), the Director of the Federal Bureau of Investigation shall-- ``(1) consult with the Deputy Assistant Attorney General for the Crimes Against Children Office and other child crime coordinators within the Department of Justice; ``(2) consolidate units within the Federal Bureau of Investigation that investigate crimes against children, including abductions, abuse, and sexual exploitation offenses; ``(3) develop a comprehensive, rapid response plan for crimes involving children that incorporates resources and expertise from Federal, State, and local law enforcement agencies and child services professionals; ``(4) develop a national strategy to prevent crimes against children that shall include a plan to rescue children who are identified in child pornography images as victims of abuse; ``(5) create regional rapid response teams composed of Federal, State, and local prosecutors, investigators, victim witness specialists, mental health professionals, and other child services professionals; ``(6) implement an advanced training program that will enhance the ability of Federal, State, and local entities to respond to reported crimes against children and protect children from future crimes; and ``(7) conduct outreach efforts to raise awareness and educate communities about crimes against children. ``(d) Authorization of Appropriations.--There is authorized to be appropriated for the Federal Bureau of Investigation such sums as necessary for fiscal year 2003 to carry out this section.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``540A. National Crimes Against Children Response Center.''. SEC. 3. INTERNET AVAILABILITY OF INFORMATION CONCERNING REGISTERED SEX OFFENDERS. (a) In General.--Section 170101(e)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071(e)(2)) is amended by adding at the end the following: ``The release of information under this paragraph shall include the maintenance of an Internet site containing such information that is available to the public.''. (b) Compliance Date.--Each State shall implement the amendment made by this section within 3 years after the date of enactment of this Act, except that the Attorney General may grant an additional 2 years to a State that is making a good faith effort to implement the amendment made by this section. (c) National Internet Site.--The Crimes Against Children Section of the Department of Justice shall create a national Internet site that links all State Internet sites established pursuant to this section. SEC. 4. DNA EVIDENCE. Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows: ``(d) Qualifying Federal Offense.--For purposes of this section, the term `qualifying Federal offense' means-- ``(1) any offense classified as a felony under Federal law; ``(2) any offense under chapter 109A of title 18, United States Code; ``(3) any crime of violence as that term is defined in section 16 of title 18, United States Code; or ``(4) any offense within the scope of section 4042(c)(4) of title 18, United States Code.''. SEC. 5. INCREASE OF STATUTE OF LIMITATIONS FOR CHILD ABUSE OFFENSES. Section 3283 of title 18, United States Code, is amended by striking ``25 years'' and inserting ``35 years''. SEC. 6. ADMISSIBILITY OF SIMILAR CRIME EVIDENCE IN CHILD MOLESTATION CASES. Rule 414 of the Federal Rules of Evidence is amended-- (1) in subsection (a), by inserting ``or possession of sexually explicit materials containing apparent minors'' after ``or offenses of child molestation''; and (2) in subsection (d), by striking ``fourteen'' and inserting ``18''. SEC. 7. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE. (a) In General.--Chapter 119 of title 28, United States Code, is amended by inserting after section 1826 the following: ``Sec. 1826A. Marital communications and adverse spousal privilege ``The confidential marital communication privilege and the adverse spousal privilege shall be inapplicable in any Federal proceeding in which a spouse is charged with a crime against-- ``(1) a child of either spouse; or ``(2) a child under the custody or control of either spouse.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 119 of title 28, United States Code, is amended by inserting after the item relating to section 1826 the following: ``1826A. Marital communications and adverse spousal privilege.''. SEC. 8. AUTHORIZATION OF INTERCEPTION OF COMMUNICATIONS IN THE INVESTIGATION OF SEXUAL CRIMES AND OTHER CRIMES AGAINST CHILDREN. Section 2516(1)(c) of title 18, United States Code, is amended-- (1) by inserting ``section 1591 (sex trafficking of children or by force, fraud, or coercion)'' after ``section 1511 (obstruction of State or local law enforcement),''; and (2) by inserting ``section 2251A (selling or buying of children), section 2252A (relating to material constituting or containing child pornography), section 2260 (production of sexually explicit depictions of a minor for importation into the United States), sections 2421, 2422, 2423, and 2425 (relating to transportation for illegal sexual activity and related crimes),'' after ``sections 2251 and 2252 (sexual exploitation of children),''. SEC. 9. INCREASE OF MAXIMUM SUPERVISED RELEASE TERM FOR SEX OFFENDERS. Section 3583 of title 18, United States Code, is amended by adding at the end the following: ``(k) Supervised Release Terms for Sex Offenders.--Notwithstanding subsection (b), the authorized term of supervised release for any offense under chapter 109A, 110, 117, section 1201 involving a minor victim, or section 1591 is any term of years or life.''. SEC. 10. INCREASE OF MAXIMUM PENALTIES FOR SEX OFFENSES. Title 18, United States Code, is amended-- (1) in section 1591(b)(2), by striking ``20 years'' and inserting ``40 years''; (2) in section 2421, by striking ``10 years'' and inserting ``20 years''; (3) in section 2422-- (A) in subsection (a), by striking ``10 years'' and inserting ``20 years''; and (B) in subsection (b), by striking ``15 years'' and inserting ``30 years''; (4) in section 2423-- (A) in subsection (a), by striking ``15 years'' and inserting ``30 years''; and (B) in subsection (b), by striking ``15 years'' and inserting ``30 years''; and (5) in section 2425, by striking ``5 years'' and inserting ``10 years''. SEC. 11. DEPUTY ASSISTANT ATTORNEY GENERAL FOR CRIMES AGAINST CHILDREN. (a) Establishment of Position.-- (1) In general.--Chapter 31 of title 28, United States Code, is amended by inserting after section 507 the following: ``Sec. 507A. Deputy Assistant Attorney General for Crimes Against Children ``(a) The Attorney General shall appoint a Deputy Assistant Attorney General for Crimes Against Children. ``(b) The Deputy Assistant Attorney General shall be the head of the Crimes Against Children Section (CACS) of the Department of Justice. ``(c) The duties of the Deputy Assistant Attorney General shall include the following: ``(1) To prosecute cases involving crimes against children. ``(2) To advise Federal prosecutors and law enforcement personnel regarding crimes against children. ``(3) To provide guidance and assistance to Federal, State, and local law enforcement agencies and personnel, and appropriate foreign entities, regarding responses to crimes against children. ``(4) To propose and comment upon legislation concerning crimes against children. ``(5) Such other duties as the Attorney General may require, including duties carried out by the head of the Child Exploitation and Obscenity Section and the Terrorism and Violent Crime Section of the Department of Justice.''. (2) Technical and conforming amendment.--The table of sections for chapter 31 of title 28, United States Code, is amended by inserting after the item relating to section 507 the following: ``507A. Deputy Assistant Attorney General for Crimes Against Children.''. (b) Authorization of Appropriations for CACS.--There is authorized to be appropriated for the Department of Justice for fiscal year 2003, such sums as necessary to carry out this section. SEC. 12. DIRECTIVE TO SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994(p) of title 18, United States Code, and in accordance with this section, the United States Sentencing Commission shall review the Federal Sentencing Guidelines and policy statements relating to child abuse and exploitation offenses, including United States Sentencing Guideline sections 2A3.1, 2A3.2, 2A3.3, 2A3.4, 2A4.1, 2G1.1, 2G2.1, 2G2.2, 2G2.3, 2G2.4, and 2G3.1 to determine whether those sections are sufficiently severe. (b) Considerations.--In reviewing the Federal Sentencing Guidelines in accordance with subsection (a), the United States Sentencing Commission shall consider whether the guidelines are adequate where-- (1) the victim had not attained the age of 12 years, or had not attained the age of 16 years; (2) the victim died, or sustained permanent, life- threatening or serious injury as a result of the criminal act; (3) the victim was abducted; (4) the victim was abused by more than 1 participant; (5) the offense involved more than 1 victim; (6) the ability of the victim to appraise or control his or her conduct was substantially impaired; (7) the offense involved a large number of visual depictions, including multiple images of the same victim; and (8) the offense involved material that portrays sadistic or masochistic conduct or other depictions of violence.

Comprehensive Child Protection Act of 2002 - Amends the Federal judicial code to establish within the Federal Bureau of Investigation (FBI) a National Crimes Against Children Response Center which shall develop a national response plan model that provides a comprehensive, rapid response plan to report crimes involving the victimization of children and protects children from future crimes.Sets forth the duties of the Director of the FBI with respect to that mission, including: (1) development of a national strategy; (2) creation of regional rapid response teams; and (3) outreach efforts to raise awareness and educate communities.Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct that the release of information under a State sex offender registration program include the maintenance of an Internet site containing such information that is available to the public. Directs the Crimes Against Children section of the Department of Justice to create a national Internet site that links all State Internet sites established under this Act.Increases from 25 to 30 years the statute of limitations for child abuse offenses. Makes the confidential marital communication privilege and the adverse spousal privilege inapplicable in Federal proceedings where a spouse is charged with a crime against a child of either spouse or against a child under the custody or control of either spouse. Increases penalties for sex offenses.Directs the Attorney General to appoint a Deputy Assistant Attorney General for Crimes Against Children.

A bill to enhance national efforts to investigate, prosecute, and prevent crimes against children by increasing investigatory tools, criminal penalties, and resources and by extending existing laws.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Testing in School and Child Care Drinking Water Act of 2016''. SEC. 2. VOLUNTARY SCHOOL AND CHILD CARE LEAD TESTING GRANT PROGRAM. (a) In General.--Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is amended by striking subsection (d) and inserting the following: ``(d) Voluntary School and Child Care Lead Testing Grant Program.-- ``(1) Definitions.--In this subsection: ``(A) Child care program.--The term `child care program' has the meaning given the term `early childhood education program' in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ``(B) Local educational agency.--The term `local educational agency' means-- ``(i) a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); ``(ii) a tribal education agency (as defined in section 3 of the National Environmental Education Act (20 U.S.C. 5502)); and ``(iii) an operator of a child care program facility. ``(2) Establishment.-- ``(A) In general.--Not later than 180 days after the date of enactment of the Lead Testing in School and Child Care Drinking Water Act of 2016, the Administrator shall establish a voluntary school and child care lead testing grant program to make grants available to States to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs under the jurisdiction of the local educational agencies. ``(B) Grants to local educational agencies.--The Administrator may make grants directly available to local educational agencies for the voluntary testing described in subparagraph (A) in-- ``(i) any State that does not participate in the voluntary school and child care lead testing grant program established under that subparagraph; and ``(ii) any direct implementation area. ``(3) Application.--To be eligible to receive a grant under this subsection, a State or local educational agency shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(4) Use of funds.-- ``(A) In general.--A State or local educational agency that receives a grant under this subsection may use grant funds for the voluntary testing described in paragraph (2)(A). ``(B) Limitation.--Not more than 5 percent of grant funds accepted under this subsection shall be used to pay the administrative costs of carrying out this subsection. ``(5) Guidance; public availability.--As a condition of receiving a grant under this subsection, the State or local educational agency shall ensure that each local educational agency to which grant funds are distributed shall-- ``(A) expend grant funds in accordance with-- ``(i) the guidance of the Environmental Protection Agency entitled `3Ts for Reducing Lead in Drinking Water in Schools: Revised Technical Guidance' and dated October 2006 (or any successor guidance); or ``(ii) applicable State regulations or guidance regarding reducing lead in drinking water in schools and child care programs that is not less stringent than the guidance referred to in clause (i); and ``(B)(i) make available in the administrative offices, and to the maximum extent practicable, on the Internet website, of the local educational agency for inspection by the public (including teachers, other school personnel, and parents) a copy of the results of any voluntary testing for lead contamination in school and child care program drinking water that is carried out with grant funds under this subsection; and ``(ii) notify parent, teacher, and employee organizations of the availability of the results described in clause (i). ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $100,000,000 for fiscal year 2017 and each fiscal year thereafter.''. (b) Repeal.--Section 1465 of the Safe Drinking Water Act (42 U.S.C. 300j-25) is repealed.

Lead Testing in School and Child Care Drinking Water Act of 2016 This bill amends the Safe Drinking Water Act to direct the Environmental Protection Agency to establish a voluntary school and child care lead testing program of grants to states to assist local educational agencies in voluntary testing for lead contamination in drinking water at schools and child care programs. The bill repeals the current program of federal assistance for state programs regarding lead contamination in school drinking water.

Lead Testing in School and Child Care Drinking Water Act of 2016

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Preserving Medicare for All Act of 2004''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Authority to negotiate prices. Sec. 3. Guaranteed prescription drug benefits. Sec. 4. Full reimbursement for qualified retiree prescription drug plans. Sec. 5. Repeal of Comparative Cost Adjustment (CCA) program. Sec. 6. Repeal of MA Regional Plan Stabilization Fund. Sec. 7. Repeal of cost containment provisions. SEC. 2. AUTHORITY TO NEGOTIATE PRICES. Subsection (i) of section 1860D-11, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is repealed. SEC. 3. GUARANTEED PRESCRIPTION DRUG BENEFITS. (a) In General.--Section 1860D-3 of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended to read as follows: ``access to a choice of qualified prescription drug coverage ``Sec. 1860D-3. (a) Assuring Access to a Choice of Coverage.-- ``(1) Choice of at least three plans in each area.--The Secretary shall ensure that each part D eligible individual has available, consistent with paragraph (2), a choice of enrollment in-- ``(A) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b); and ``(B) at least 2 qualifying plans (as defined in paragraph (3)) in the area in which the individual resides, at least one of which is a prescription drug plan. ``(2) Requirement for different plan sponsors.--The requirement in paragraph (1)(B) is not satisfied with respect to an area if only one entity offers all the qualifying plans in the area. ``(3) Qualifying plan defined.--For purposes of this section, the term `qualifying plan' means-- ``(A) a prescription drug plan; ``(B) an MA-PD plan described in section 1851(a)(2)(A)(i) that provides-- ``(i) basic prescription drug coverage; or ``(ii) qualified prescription drug coverage that provides supplemental prescription drug coverage so long as there is no MA monthly supplemental beneficiary premium applied under the plan, due to the application of a credit against such premium of a rebate under section 1854(b)(1)(C); or ``(C) a nationwide prescription drug plan offered by the Secretary in accordance with subsection (b). ``(b) HHS as PDP Sponsor for a Nationwide Prescription Drug Plan.-- ``(1) In general.--The Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, shall take such steps as may be necessary to qualify and serve as a PDP sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States. Such a plan shall be in addition to, and not in lieu of, other prescription drug plans offered under this part. ``(2) Premium; solvency; authorities.--In carrying out paragraph (1), the Secretary-- ``(A) shall establish a premium in the amount of $35 for months in 2006 and, for months in subsequent years, in the amount specified in this paragraph for months in the previous year increased by the annual percentage increase described in section 1860D-2(b)(6) (relating to growth in medicare prescription drug costs per beneficiary) for the year involved; ``(B) is deemed to have met any applicable solvency and capital adequacy standards; and ``(C) shall exercise such authorities (including the use of regional or other pharmaceutical benefit managers) as the Secretary determines necessary to offer the prescription drug plan in the same or a comparable manner as is the case for prescription drug plans offered by private PDP sponsors. ``(c) Flexibility in Risk Assumed.--In order to ensure access pursuant to subsection (a) in an area the Secretary may approve limited risk plans under section 1860D-11(f) for the area.''. (b) Conforming Amendment.--Section 1860D-11 of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking subsection (g). SEC. 4. FULL REIMBURSEMENT FOR QUALIFIED RETIREE PRESCRIPTION DRUG PLANS. (a) Elimination of True Out-Of-Pocket Limitation.--Section 1860D- 2(b)(4)(C)(ii) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended-- (1) by inserting ``under a qualified retiree prescription drug plan (as defined in section 1860D-22(a)(2)),'' after ``under section 1860D-14,''; and (2) by inserting ``, under such a qualified retiree prescription drug plan,'' after ``(other than under such section'' . (b) Equalization of Subsidies.--Notwithstanding any other provision of law, the Secretary of Health and Human Services shall provide for such increase in the special subsidy payment amounts under section 1860D-22(a)(3) of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), as may be appropriate to provide for payments in the aggregate equivalent to the payments that would have been made under section 1860D-15 of such Act if the individuals were not enrolled in a qualified retiree prescription drug plan. In making such computation, the Secretary shall not take into account the application of the amendments made by section 1202 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. SEC. 5. REPEAL OF COMPARATIVE COST ADJUSTMENT (CCA) PROGRAM. Subtitle E of title II of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), and the amendments made by such subtitle, are repealed. SEC. 6. REPEAL OF MA REGIONAL PLAN STABILIZATION FUND. (a) In General.--Section 1858 of the Social Security Act, as added by section 221(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended-- (1) by striking subsection (e); (2) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively; and (3) in subsection (e), as so redesignated, by striking ``subject to subsection (e),''. (b) Conforming Amendment.--Section 1851(i)(2) of the Social Security Act (42 U.S.C. 1395w-21(i)(2)), as amended by section 221(d)(5) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking ``1858(h)'' and inserting ``1858(g)''. SEC. 7. REPEAL OF COST CONTAINMENT PROVISIONS. Subtitle A of title VIII of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) is repealed and any provisions of law amended by such subtitle are restored as if such subtitle had not been enacted.

Preserving Medicare for All Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to repeal provisions prohibiting the Secretary of Health and Human Services from interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and from requiring a particular formulary to institute a price structure for the reimbursement of covered Medicare part D drugs. Includes for the Medicare part D (Voluntary Prescription Drug Benefit Program) eligible individual as a choice of coverage, in addition to the current choice of coverage in at least two qualifying plans in the area in which the individual resides, a choice of enrollment in a nationwide prescription drug plan offered by the Secretary (to replace enrollment in a fallback prescription drug plan in any case in which such plans are not available). Directs the Secretary, through the Administrator of the Centers for Medicare & Medicaid Services, to take such steps as may be necessary to qualify and serve as a prescription drug plan sponsor and to offer a prescription drug plan that offers basic prescription drug coverage throughout the United States and has a premium of $35 for 2006. Requires such a plan to be in addition to, and not in lieu of, other prescription drug plans offered. Provides for full reimbursement for employers for the cost of qualified retiree drug coverage and permits their costs to count towards senior's catastrophic limits. Abolishes the comparative cost adjustment program. Eliminates the MA Regional Plan Stabilization Fund. Repeals cost containment provisions.

To amend title XVIII of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide additional beneficiary protections.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Physician Payment Reform Act of 2005''. SEC. 2. MINIMUM UPDATE FOR PHYSICIANS' SERVICES FOR 2006 AND 2007. (a) In General.--Section 1848(d) of the Social Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at the end the following new paragraph: ``(6) Update for 2006 and 2007.--The update to the single conversion factor established in paragraph (1)(C) for 2006 shall not be less than 1.5 percent and for 2007 shall not be less than 1.5 percent.''. (b) Conforming Amendment.--Section 1848(d)(4)(B) of the Social Security Act (42 U.S.C. 1395w-4(d)(4)(B)) is amended, in the matter preceding clause (i), by striking ``and paragraph (5)'' and inserting ``paragraphs (5) and (6)''. (c) Not Treated as Change in Law and Regulation in Sustainable Growth Rate Determination.--The amendments made by this section shall not be treated as a change in law for purposes of applying section 1848(f)(2)(D) of the Social Security Act (42 U.S.C. 1395w-4(f)(2)(D)). (d) Premium Transition Rule.--Notwithstanding any other provision of law-- (1) 2006.-- (A) Premium.--Nothing in this section shall be construed as modifying the premium previously computed under section 1839 of the Social Security Act (42 U.S.C. 1395r) for months in 2006. (B) Government contribution.--In computing the amount of the Government contribution under section 1844(a) of the Social Security Act (42 U.S.C. 1395w(a)) for months in 2006, the Secretary of Health and Human Services shall compute and apply a new actuarially adequate rate per enrollee age 65 and over under section 1839(a)(1) of such Act (42 U.S.C. 1395r(a)(1)) taking into account the provisions of this section. (2) 2007.-- (A) Premium.--The monthly premium under section 1839 of the Social Security Act for months in 2007 shall be computed as if this section had not been enacted. (B) Government contribution.--The Government contribution under section 1844(a) of the Social Security Act for months in 2007 shall be computed taking into account the provisions of this section, including subparagraph (A). SEC. 3. MEDPAC REPORT ON MEDICARE SPENDING ON PHYSICIAN SERVICES. (a) In General.--Not later than March 15, 2007, the Medicare Payment Assessment Commission shall submit to Congress a report (in this section referred to as the ``report'') on approaches to controlling aggregate spending for physician services in order to maximize efficiency and maintain beneficiary access to high-quality care under part B of the Medicare program. (b) Report Details.-- (1) The report shall include recommendations on-- (A) the appropriate categorization or level of analysis (such as group practice, hospital medical staff, type of service or specialty, geographic area, outliers, or any other approach or combination of approaches); (B) standards to assess volume growth; and (C) how volume control policies should be implemented, including the extent to which the policies should be codified in law. (2) The report shall address the appropriate level of discretion for the Secretary of Health and Human Services to make necessary adjustments to alter physician payments or otherwise intervene to affect provider behavior. (3) The report shall also include findings and recommendations on the work of the Centers for Medicare & Medicaid Services and the Relative Value Update Committee (RUC), including-- (A) whether the current pricing system accurately reflects resource costs; (B) whether adjustments should be made to practice expense to better estimate marginal cost; (C) identification and review of overvalued services; (D) the effectiveness of the five-year review process; (E) comparison of relative values among categories of services; (F) the ability for such Centers to develop and utilize external resources (including as medical directors from carriers or health plans) to determine appropriate pricing; (G) strategies that should be available to such Centers to make adjustments to payments when necessary; (H) any additional recommendations for reforming the current pricing system, such as whether bases other than resource costs should be considered in determining the relative value of services in the physician fee schedule; and (I) the extent to which alternative payment methods should be used for certain types of providers or patients (such as payment by episode and payment by capitation or partial capitation). (4) The report shall evaluate the effect that Medicare and private plan payment policies have on the development and maintenance of the physician workforce. SEC. 4. REPEAL OF MEDICARE COST CONTAINMENT PROVISIONS. Subtitle A of title X of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 is repealed and the provisions of law amended by such subtitle are restored as if such subtitle had not been enacted.

Medicare Physician Payment Reform Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide that the update to the single conversion factor in the formula for payment of physicians' services for 2006 and 2007 shall not be less than 1.5%. Directs the Medicare Payment Assessment Commission (MEDPAC) to report to Congress on approaches to controlling aggregage spending for physician services in order to maximize efficiency and maintain beneficiary access to high-quality care under Medicare part B (Supplementary Medical Insurance). Repeals Medicare cost containment provisions under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

To amend part B of title XVIII of the Social Security Act to assure equitable payment for physicians services under the Medicare Program.

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

Furlough Protection Act of 1995 - Amends Federal civil service and armed forces law to provide for the temporary continuance of basic civilian and military pay and associated benefits and allowances of Federal and District of Columbia personnel during any period of lapsed appropriations in which they perform service or are furloughed due to the failure to timely enact appropriations legislation for the employee's agency.

Furlough Protection Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Fuel Reduction Act of 2014''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to expedite wildfire prevention projects to reduce the chances of wildfire on certain high-risk Federal land adjacent to communities, private property, and critical infrastructure; (2) to improve forest and wildland health; and (3) to promote the recovery of threatened and endangered species, or other species under consideration for listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), including sage-grouse, whose habitat is negatively impacted by wildland fire. SEC. 3. EXPEDITED REVIEW OF PROJECTS ON FEDERAL LAND. Section 104 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6514) is amended-- (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; (2) in subsection (c)(1)(C)(i), by striking ``subsection (f)'' and inserting ``subsection (g)''; and (3) by inserting after subsection (d) the following: ``(e) Categorical Exclusion of Certain Projects.-- ``(1) Definition of adjacent federal land.--In this subsection, the term `adjacent Federal land' means an area of Federal land-- ``(A) that, while not located in the wildland-urban interface, is located within not more than 2 miles of non-Federal land; and ``(B) on which the Secretary determines that conditions, such as the risk of wildfire, an insect or disease epidemic, or the presence of invasive species, pose a risk to the adjacent non-Federal land. ``(2) Categorical exclusion of certain projects.-- ``(A) In general.--An authorized hazardous fuel reduction project shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the project-- ``(i) involves the removal of insect- infected trees, dead or dying trees, trees presenting a threat to public safety or electrical reliability, or the removal of other hazardous fuels within 500 feet of utility or communications infrastructure, a municipal water supply system, campground, roadside, heritage site, recreation site, school, or other infrastructure; ``(ii) is intended to treat 10,000 acres or less of public land or National Forest System land that-- ``(I) contains threatened and endangered species habitat; or ``(II) provides conservation benefits to species that are not listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) but are a State-listed species, a special concern species, or candidates for a listing under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); ``(iii) is proposed to be conducted on adjacent Federal land or is recommended in a community wildfire protection plan if-- ``(I) the Secretary determines that the project is consistent with the applicable resource management plan; and ``(II) the decision to categorically exclude the project is made in accordance with applicable extraordinary circumstances procedures established pursuant to section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation). ``(B) Consultation.--In determining whether an area contains trees or other hazardous fuels described in clause (i), the Secretary shall consult with any utility or other entity that manages the area. ``(C) Priority for certain projects.--In providing categorical exclusions under subparagraph (A), the Secretary shall give priority to authorized hazardous fuel reduction projects and other projects recommended in a community wildfire protection plan. ``(D) Exclusions.--National Forest System land or public land eligible for treatment under this subsection shall not include land-- ``(i) that is a component of the National Wilderness Preservation System; ``(ii) on which the removal of vegetation is specifically prohibited by Federal law; or ``(iii) that is within a National Monument as of the date of the enactment of the Emergency Fuel Reduction Act of 2014.''.

Emergency Fuel Reduction Act of 2014 - Amends the Healthy Forests Restoration Act of 2003 to categorically exclude an authorized hazardous fuel reduction project from the environmental review requirements of the National Environmental Policy Act of 1969 (NEPA) if the project: involves the removal of insect-infested trees, dead or dying trees, trees presenting a threat to public safety or electrical reliability, or the removal of other hazardous fuels near certain infrastructure; is intended to treat 10,000 acres or less of public land or National Forest System land that contains threatened and endangered species habitat, or provides conservation benefits to a state-listed species, a special concern species, or candidates for a listing under the Endangered Species Act of 1973; or is proposed to be conducted on federal land that is adjacent to non-federal land and on which conditions are determined to pose a risk to the non-federal land, or is recommended in a community wildfire protection plan if certain conditions are met. Excludes from treatment under this Act land: (1) that is a component of the National Wilderness Preservation System, (2) on which the removal of vegetation is specifically prohibited by federal law, or (3) that is within a national monument.

Emergency Fuel Reduction Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Social Media Improvement Act of 2015''. SEC. 2. SOCIAL MEDIA WORKING GROUP. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following: ``SEC. 318. SOCIAL MEDIA WORKING GROUP. ``(a) Establishment.--The Secretary shall establish within the Department a social media working group (in this section referred to as the `Group'). ``(b) Purpose.--In order to enhance the dissemination of information through social media technologies between the Department and appropriate stakeholders and to improve use of social media technologies in support of preparedness, response, and recovery, the Group shall identify, and provide guidance and best practices to the emergency preparedness and response community on, the use of social media technologies before, during, and after a natural disaster or an act of terrorism or other man-made disaster. ``(c) Membership.-- ``(1) In general.--Membership of the Group shall be composed of a cross section of subject matter experts from Federal, State, local, tribal, territorial, and nongovernmental organization practitioners, including representatives from the following entities: ``(A) The Office of Public Affairs of the Department. ``(B) The Office of the Chief Information Officer of the Department. ``(C) The Privacy Office of the Department. ``(D) The Federal Emergency Management Agency. ``(E) The Office of Disability Integration and Coordination of the Federal Emergency Management Agency. ``(F) The American Red Cross. ``(G) The Forest Service. ``(H) The Centers for Disease Control and Prevention. ``(I) The United States Geological Survey. ``(J) The National Oceanic and Atmospheric Administration. ``(2) Chairperson; co-chairperson.-- ``(A) Chairperson.--The Secretary, or a designee of the Secretary, shall serve as the chairperson of the Group. ``(B) Co-chairperson.--The chairperson shall designate, on a rotating basis, a representative from a State or local government who is a member of the Group to serve as the co- chairperson of the Group. ``(3) Additional members.--The chairperson shall appoint, on a rotating basis, qualified individuals to the Group. The total number of such additional members shall-- ``(A) be equal to or greater than the total number of regular members under paragraph (1); and ``(B) include-- ``(i) not fewer than 3 representatives from the private sector; and ``(ii) representatives from-- ``(I) State, local, tribal, and territorial entities, including from-- ``(aa) law enforcement; ``(bb) fire services; ``(cc) emergency management; and ``(dd) public health entities; ``(II) universities and academia; and ``(III) nonprofit disaster relief organizations. ``(4) Term limits.--The chairperson shall establish term limits for individuals appointed to the Group under paragraph (3). ``(d) Consultation With Non-members.--To the extent practicable, the Group shall work with entities in the public and private sectors to carry out subsection (b). ``(e) Meetings.-- ``(1) Initial meeting.--Not later than 90 days after the date of enactment of this section, the Group shall hold its initial meeting. ``(2) Subsequent meetings.--After the initial meeting under paragraph (1), the Group shall meet-- ``(A) at the call of the chairperson; and ``(B) not less frequently than twice each year. ``(3) Virtual meetings.--Each meeting of the Group may be held virtually. ``(f) Reports.--During each year in which the Group meets, the Group shall submit to the appropriate congressional committees a report that includes the following: ``(1) A review and analysis of current and emerging social media technologies being used to support preparedness and response activities related to natural disasters and acts of terrorism and other man-made disasters. ``(2) A review of best practices and lessons learned on the use of social media technologies during the response to natural disasters and acts of terrorism and other man-made disasters that occurred during the period covered by the report at issue. ``(3) Recommendations to improve the Department's use of social media technologies for emergency management purposes. ``(4) Recommendations to improve public awareness of the type of information disseminated through social media technologies, and how to access such information, during a natural disaster or an act of terrorism or other man-made disaster. ``(5) A review of available training for Federal, State, local, tribal, and territorial officials on the use of social media technologies in response to a natural disaster or an act of terrorism or other man-made disaster. ``(6) A review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns. ``(g) Duration of Group.-- ``(1) In general.--The Group shall terminate on the date that is 5 years after the date of enactment of this section unless the chairperson renews the Group for a successive 5-year period, prior to the date on which the Group would otherwise terminate, by submitting to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a certification that the continued existence of the Group is necessary to fulfill the purpose described in subsection (b). ``(2) Continued renewal.--The chairperson may continue to renew the Group for successive 5-year periods by submitting a certification in accordance with paragraph (1) prior to the date on which the Group would otherwise terminate.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 317 the following: ``Sec. 318. Social media working group.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on September 21, 2015. DHS Social Media Improvement Act of 2015 (Sec. 2) Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish within the Department of Homeland Security (DHS) a social media working group (the Group) to identify, and provide guidance and best practices to the emergency preparedness and response community on, the use of social media technologies before, during, and after a natural disaster or an act of terrorism or other man-made disaster. Requires the Group to submit an annual report that includes: a review and analysis of social media technologies used to support preparedness and response activities; a review of best practices and lessons learned; recommendations to improve DHS's use of social media technologies for emergency management purposes, recommendations to improve public awareness of the type of information disseminated through such technologies, and recommendations on how to access such information during a disaster; a review of available training for government officials on the use of social media technologies in response to a disaster; and a review of coordination efforts with the private sector to discuss and resolve legal, operational, technical, privacy, and security concerns. Terminates the Group five years after the enactment of this Act unless the chairperson renews it for a successive five-year period by submitting a certification that the continued existence of the Group is necessary. Provides for successive five-year renewal periods.

DHS Social Media Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuing Chemical Facilities Antiterrorism Security Act of 2010''. SEC. 2. EXTENSION OF CHEMICAL FACILITIES ANTITERRORISM SECURITY PROGRAM. (a) In General.--Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by striking ``October 4, 2010'' and inserting ``October 4, 2015''. (b) Chemical Facility Security Enhancements.-- (1) In general.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: ``TITLE XXI--CHEMICAL FACILITY SECURITY ``SEC. 2101. CHEMICAL SECURITY TRAINING PROGRAM. ``(a) Establishment.--Acting through the Administrator of the Federal Emergency Management Agency and in coordination with the Under Secretary for National Protection and Programs, the Secretary shall establish a voluntary chemical security training program (referred to in this section as the `training program') for the purpose of enhancing the capabilities of high-risk chemical facilities to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other man-made disasters. ``(b) Requirements.--The training program shall provide validated voluntary training that-- ``(1) reaches multiple disciplines, including Federal, State, and local government officials, commercial personnel and management, and governmental and nongovernmental emergency response providers; ``(2) provides training at the awareness, performance, and management and planning levels; ``(3) uses multiple training mediums and methods; ``(4) is coordinated with training provided by government training facilities, academic institutions, private organizations, and other entities that provide specialized, state-of-the-art training for governmental and nongovernmental emergency responder providers or commercial personnel and management; ``(5) uses, as appropriate, government training facilities, courses provided by community colleges, public safety academies, State and private universities, and other facilities; ``(6) is consistent with, and supports implementation of, the National Incident Management System, the National Response Framework, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives, and any successors thereto; ``(7) is evaluated against clear and consistent performance measures; ``(8) addresses security requirements under chemical facility security plans; and ``(9) educates, trains, and involves individuals in neighborhoods around chemical facilities on how to observe and report security risks. ``SEC. 2102. CHEMICAL SECURITY EXERCISE PROGRAM. ``(a) In General.--Acting through the Administrator of the Federal Emergency Management Agency and in coordination with Under Secretary for National Protection and Programs, the Secretary shall develop a voluntary chemical security exercise program (referred to in this section as the `exercise program') for the purpose of offering voluntary testing and evaluation of the capabilities of the Federal Government, State governments, commercial personnel and management, governmental and nongovernmental emergency response providers, the private sector, or any other organization or entity, as the Secretary determines to be appropriate, to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at chemical facilities. ``(b) Requirements.--Under the exercise program, the Secretary shall conduct, on a periodic basis, voluntary joint security exercises at chemical facilities that are-- ``(1) scaled and tailored to the needs of each chemical facility; ``(2) for the highest risk chemical facilities, as determined by the Secretary, live training exercises; ``(3) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences; ``(4) consistent with the National Incident Management System, the National Response Framework, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives, and any successors thereto; ``(5) evaluated against clear and consistent performance measures; ``(6) assessed to learn best practices, which shall be shared with appropriate Federal, State, and local officials, commercial personnel and management, governmental and nongovernmental emergency response providers, and the private sector; ``(7) followed by remedial action in response to lessons learned; and ``(8) designed to assist State and local governments and chemical facilities in designing, implementing, and evaluating exercises that-- ``(A) conform to the requirements of this paragraph; and ``(B) are consistent with any applicable Buffer Zone Protection Plan, State homeland security plan, or urban area homeland security plan. ``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this title.''. (2) Table of contents.--The table of contents in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 2022 the following: ``TITLE XXI--CHEMICAL FACILITY SECURITY ``Sec. 2101. Chemical security training program. ``Sec. 2102. Chemical security exercise program. ``Sec. 2103. Authorization of appropriations.''.

Continuing Chemical Facilities Antiterrorism Security Act of 2010 - Amends the Department of Homeland Security Appropriations Act, 2007 to extend until October 4, 2015, the authority of the Secretary of Homeland Security (DHS) to issue interim final regulations establishing risk-based performance standards for security of chemical facilities and requiring vulnerability assessments and the development and implementation of site security plans for such facilities. Requires the Secretary, acting through the Administrator of the Federal Emergency Management Agency (FEMA) and in coordination with the Under Secretary for National Protection and Programs, to: (1) establish a voluntary chemical security training program to enhance the capabilities of high-risk chemical facilities to prevent, prepare for, respond to, mitigate against, and recover from acts of terrorism, natural disasters, and other man-made disasters; and (2) develop a voluntary chemical security exercise program to offer voluntary testing and evaluation of the capabilities of the federal government, state governments, commercial personnel and management, emergency response providers, and the private sector to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at chemical facilities.

To extend the chemical facility security program of the Department of Homeland Security, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Traumatic Brain Injury Act of 2006''. SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Prevention of Traumatic Brain Injury.--Clause (ii) of section 393A(b)(3)(A) of the Public Health Service Act (42 U.S.C. 280b-1b) is amended by striking ``from hospitals and trauma centers'' and inserting ``from hospitals and emergency departments''. (b) National Program for Traumatic Brain Injury Surveillance and Registries.--Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended-- (1) by redesignating the first section 393B (relating to the use of allotments for rape prevention education) as section 392A and moving such section so that it follows section 392; and (2) by amending section 393B-- (A) in the section heading, by inserting ``surveillance and'' after ``national program for traumatic brain injury''; (B) by striking ``(a) In General.--''; and (C) in the matter preceding paragraph (1), by striking ``may make grants'' and all that follows through ``to collect data concerning--'' and inserting ``may make grants to States or their designees to develop or operate the State's traumatic brain injury surveillance system or registry to determine the incidence and prevalence of traumatic brain-related injury disability, to ensure the uniformity of reporting under such system or registry, to link individuals with traumatic brain injury to services and supports, and to link such individuals with academic institutions to conduct applied research that will support the development of such surveillance systems and registries as may be necessary. A surveillance system or registry under this section shall provide for the collection of data concerning--''. (c) Authorization of Appropriations.--Section 394A of the Public Health Service Act (42 U.S.C. 280b-3) is amended-- (1) by striking ``For the purpose'' and inserting ``(a) For the purpose''; (2) by striking ``and'' after ``for fiscal year 1994;''; (3) by striking ``and'' after ``through 1998,''; (4) by striking the second period at the end; and (5) by inserting ``, and such sums as may be necessary for each of fiscal years 2006 through 2010'' before the period at the end. SEC. 3. PROGRAMS OF NATIONAL INSTITUTES OF HEALTH. Section 1261 of the Public Health Service Act (42 U.S.C. 300d-61) is amended-- (1) in subparagraph (D) of subsection (d)(4), by striking ``head brain injury'' and inserting ``brain injury''; and (2) in subsection (i), by inserting ``, and such sums as may be necessary for each of fiscal years 2006 through 2010'' before the period at the end. SEC. 4. STUDY ON TRAUMATIC BRAIN INJURY. (a) Amendment.--Part J of title III of the Public Health Service Act (42 U.S.C. 280b et seq.) is amended by inserting after section 393B the following: ``SEC. 393C. STUDY ON TRAUMATIC BRAIN INJURY. ``(a) Study.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention with respect to paragraph (1) and the Director of the National Institutes of Health with respect to paragraphs (2) and (3), shall conduct a study with respect to traumatic brain injury for the purpose of carrying out the following: ``(1) In collaboration with appropriate State and local health-related agencies-- ``(A) determining the incidence and prevalence of traumatic brain injury in all age groups in the general population of the United States, including institutional settings, such as nursing homes, correctional facilities, psychiatric hospitals, child care facilities, and residential institutes for people with developmental disabilities; and ``(B) collecting, maintaining, and reporting national trends in traumatic brain injury. ``(2) Identifying common therapeutic interventions which are used for the rehabilitation of individuals with such injuries, and, subject to the availability of information, including an analysis of-- ``(A) the effectiveness of each such intervention in improving the functioning, including return to work or school and community participation, of individuals with brain injuries; ``(B) the comparative effectiveness of interventions employed in the course of rehabilitation of individuals with brain injuries to achieve the same or similar clinical outcome; and ``(C) the adequacy of existing measures of outcomes and knowledge of factors influencing differential outcomes. ``(3) Developing practice guidelines for the rehabilitation of traumatic brain injury at such time as appropriate scientific research becomes available. ``(b) Dates Certain for Reports.--Not later than 3 years after the date of the enactment of the Traumatic Brain Injury Act of 2005, the Secretary shall submit to the Congress a report describing findings made as a result of carrying out subsection (a). ``(c) Definition.--For purposes of this section, the term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to trauma. The Secretary may revise the definition of such term as the Secretary determines necessary.''. (b) Conforming Amendment.--Public Law 104-166 (42 U.S.C. 300d-61 note) is amended by striking section 4. SEC. 5. PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) State Grants for Demonstration Projects Regarding Traumatic Brain Injury.--Section 1252 of the Public Health Service Act (42 U.S.C. 300d-52) is amended-- (1) in subsection (a)-- (A) by striking ``may make grants to States'' and inserting ``may make grants to States and American Indian consortia''; and (B) by striking ``health and other services'' and inserting ``rehabilitation and other services''; (2) in subsection (b)-- (A) in paragraphs (1), (3)(A)(i), (3)(A)(iii), and (3)(A)(iv), by striking the term ``State'' each place such term appears and inserting the term ``State or American Indian consortium''; and (B) in paragraph (2), by striking ``recommendations to the State'' and inserting ``recommendations to the State or American Indian consortium''; (3) in subsection (c)-- (A) by striking the term ``State'' each place such term appears and inserting ``State or American Indian consortium''; and (B) in paragraph (1), by striking `` each $2'' and inserting ``each $5''; (4) in subsection (e), by striking ``A State that received'' and all that follows through the period and inserting ``A State or American Indian consortium that received a grant under this section prior to the date of the enactment of the Traumatic Brain Injury Act of 2005 may complete the activities funded by the grant.''; (5) in subsection (f)-- (A) in the subsection heading, by inserting ``and American Indian Consortium'' after ``State''; (B) in paragraph (1) in the matter preceding subparagraph (A), paragraph (1)(E), paragraph (2)(A), paragraph (2)(B), paragraph (3) in the matter preceding subparagraph (A), paragraph (3)(E), and paragraph (3)(F), by striking the term ``State'' each place such term appears and inserting ``State or American Indian consortium''; (C) in clause (ii) of paragraph (1)(A), by striking ``children and other individuals'' and inserting ``children, youth, and adults''; and (D) in subsection (h)-- (i) by striking ``Not later than 2 years after the date of the enactment of this section, the Secretary'' and inserting ``Not less than bi-annually, the Secretary''; and (ii) by inserting ``section 1253, and section 1254,'' after ``programs established under this section,''; (6) by amending subsection (i) to read as follows: ``(i) Definitions.--For purposes of this section: ``(1) The terms `American Indian consortium' and `State' have the meanings given to those terms in section 1253. ``(2) The term `traumatic brain injury' means an acquired injury to the brain. Such term does not include brain dysfunction caused by congenital or degenerative disorders, nor birth trauma, but may include brain injuries caused by anoxia due to near drowning. The Secretary may revise the definition of such term as the Secretary determines necessary, after consultation with States and other appropriate public or nonprofit private entities.''; and (7) in subsection (j), by inserting ``, and such sums as may be necessary for each of the fiscal years 2006 through 2010'' before the period. (b) State Grants for Protection and Advocacy Services.--Section 1253 of the Public Health Service Act (42 U.S.C. 300d-53) is amended-- (1) in subsections (d) and (e), by striking the term ``subsection (i)'' each place such term appears and inserting ``subsection (l)''; (2) in subsection (g), by inserting ``each fiscal year not later than October 1,'' before ``the Administrator shall pay''; (3) by redesignating subsections (i) and (j) as subsections (l) and (m), respectively; (4) by inserting after subsection (h) the following: ``(i) Data Collection.--The Administrator of the Health Resources and Services Administration and the Commissioner of the Administration on Developmental Disabilities shall enter into an agreement to coordinate the collection of data by the Administrator and the Commissioner regarding protection and advocacy services. ``(j) Training and Technical Assistance.-- ``(1) Grants.--For any fiscal year for which the amount appropriated to carry out this section is $6,000,000 or greater, the Administrator shall use 2 percent of such amount to make a grant to an eligible national association for providing for training and technical assistance to protection and advocacy systems. ``(2) Definition.--In this subsection, the term `eligible national association' means a national association with demonstrated experience in providing training and technical assistance to protection and advocacy systems. ``(k) System Authority.--In providing services under this section, a protection and advocacy system shall have the same authorities, including access to records, as such system would have for purposes of providing services under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000.''; and (5) in subsection (l) (as redesignated by this subsection)-- (A) by striking ``and'' after ``fiscal year 2001,'' ; and (B) by inserting ``and such sums as may be necessary for each of the fiscal years 2006 through 2010''.

Traumatic Brain Injury Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC) and the Director of the National Institutes of Health (NIH), to conduct a study to: (1) determine the incidence and prevalence of traumatic brain injury; (2) report national trends in traumatic brain injury; (3) identify common therapeutic interventions which are used for the rehabilitation of individuals with such injuries; and (4) develop practice guidelines for such rehabilitation. Allows the Secretary, acting through the Administrator of the Health Resources Services Administration (HRSA), to make grants to states and American Indian consortia (currently, only states) to improve access to rehabilitation (currently, health) and other services regarding traumatic brain injury. Requires the Administration and the Commissioner of the Administration on Developmental Disabilities to coordinate the collection of data regarding protection and advocacy services. Directs the Administrator to make a grant for training and technical assistance to protection and advocacy systems, if funds permit.

A bill to amend the Public Health Service Act to provide for the expansion and improvement of traumatic brain injury programs, and for other purposes.