FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Assistance Act of 2001''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible small business concern.--The term ``eligible small business concern'' means an entity that-- (A) is a small business concern within the meaning of section 3 of the Small Business Act (15 U.S.C. 632); (B) is not covered by a State-mandated program that limits retail electric commodity rates; and (C)(i) in the case of an entity located in the State of California-- (I) is a commercial business customer of Pacific Gas and Electric Company, Southern California Edison, or San Diego Gas & Electric; and (II)(aa) has an electricity usage rate that, during the period beginning June 1, 2000, has never exceeded 300 kilowatts per hour; or (bb) has a natural gas consumption rate that, during the period beginning June 1, 2000, has never exceeded 300 therms per month; or (ii) in the case of an entity located in any other State, experienced an increase in the entity's expenses for electricity or natural gas of not less than 100 percent, as determined by comparing-- (I) the monthly average of those expenses for the period of March through May 2000; and (II) the monthly average of those expenses for the period of June through August 2000. (2) Fund.--The term ``Fund'' means the Small Business Energy Expense Assistance Fund established by section 3(b). (3) Program.--The term ``program'' means the small business assistance program established under section 3(a). (4) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Economic Development. SEC. 3. SMALL BUSINESS ASSISTANCE PROGRAM. (a) In General.--Using amounts in the Fund, the Secretary shall establish a program to make no-interest loans to eligible small business concerns. (b) Small Business Energy Expense Assistance Fund.-- (1) Establishment.--There is established in the Treasury of the United States a revolving fund to be used in carrying out the program, to be known as the ``Small Business Energy Expense Assistance Fund'', consisting of-- (A) such amounts as are appropriated to the Fund under paragraph (2); (B) such amounts as are appropriated to the Fund under section 4; and (C) any interest earned on investment of amounts in the Fund under paragraph (4). (2) Transfers to fund.--There are appropriated to the Fund amounts equivalent to amounts repaid on loans under the program. (3) Expenditures from fund.-- (A) In general.--Subject to subparagraph (B), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out the program. (B) Administrative expenses.--An amount not to exceed $250,000 shall be available to pay the administrative expenses necessary to carry out the program. (4) Investment of amounts.-- (A) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (B) Acquisition of obligations.--For the purpose of investments under subparagraph (A), obligations may be acquired-- (i) on original issue at the issue price; or (ii) by purchase of outstanding obligations at the market price. (C) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (D) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (5) Transfers of amounts.-- (A) In general.--The amounts required to be transferred to the Fund under this subsection shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (B) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $25,000,000 to carry out the program.

Small Business Assistance Act of 2001 - Directs the Secretary of Commerce to establish a program to make no-interest loans to certain small businesses that: (1) are not covered by a State program limiting retail electricity rates; and (2) are located in California, are business customers of specified utilities, and have specified electric or natural gas usage rates; or (3) are located in other States and have experienced an increase in electricity or natural gas costs of not less than 100 percent. Establishes the Small Business Energy Expense Assistance Fund to fund such loans.

A bill to direct the Secretary of Commerce to establish a program to make no-interest loans to eligible small business concerns to address economic harm resulting from shortages of, and increases in the prices of, electricity and natural gas.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Dams Safety Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) in 1980, the Secretary of the Interior established a department-wide dam safety program to correct deficiencies identified by inspections of dams; (2) the Bureau of Indian Affairs (hereafter referred to in this Act as the ``BIA'') did not make timely progress toward accomplishing the objectives of the dam safety program and, as a result, 53 dams on Indian lands are considered to present a high hazard to human life in the event of failure; (3) unsafe BIA dams continue to pose an imminent threat to people and property because the dam safety program has not been given a sufficiently high priority either by the BIA or by the Congress; (4) until 1991, the BIA did not have an adequate program to ensure proper periodic maintenance of dams under its jurisdiction and structural problems have often led to seepage and accelerated bank erosion, as well as other unsafe conditions; (5) safe working dams are necessary on Indian lands to supply irrigation water, to provide flood control, to provide water for municipal, industrial, domestic, livestock, and recreation uses, and for fish and wildlife habitats; (6) because of inadequate attention in the past to regular maintenance requirements for BIA dams, the costs for needed repairs and future maintenance are significantly increased; (7) many dams have operation and maintenance deficiencies regardless of their current safety condition classification and the deficiencies must be corrected to avoid future threats to human life and property; and (8) it is necessary to institute a regular dam maintenance and repair program, utilizing expertise either within the BIA, the Indian tribal governments, or other Federal agencies. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Indian tribes.--The term ``Indian tribes'' has the meaning given such term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Dam safety program.--The term ``dam safety program'' means the program established by the Secretary of the Interior by order dated February 28, 1980, to prevent dam failure and the resulting loss of life or serious property damage. (4) Dam safety operation and maintenance program.--The term ``dam safety operation and maintenance program'' means the program established under section 4 of this Act. (5) Dam safety condition classifications.--The term ``dam safety condition classifications'' means the following classifications cited in the Bureau of Reclamation glossary of dam safety terms: (A) Satisfactory.--No existing or potential dam safety deficiencies are recognized. Safe performance is expected under all anticipated conditions. (B) Fair.--No existing dam safety deficiencies are recognized for normal loading conditions. Infrequent hydrologic or seismic events would probably result in a dam safety deficiency. (C) Conditionally poor.--A potential dam safety deficiency is recognized for unusual loading conditions that may realistically occur during the expected life of the structure. (D) Poor.--A potential dam safety deficiency is clearly recognized for normal loading conditions. Immediate actions to resolve the deficiency are recommended; reservoir restrictions may be necessary until resolution of the problem. (E) Unsatisfactory.--A dam safety deficiency exists for normal loading conditions. Immediate remedial action is required for resolution of the problem. SEC. 4. ACTIONS BY SECRETARY. (a) Establishment of Dam Safety Operation and Maintenance Program.--The Secretary shall establish a dam safety operation and maintenance program within the BIA to ensure the regular, recurring, routine maintenance, examination, and monitoring of the condition of each dam identified pursuant to subsection (c) necessary to maintain the dam in a satisfactory condition on a long-term basis. (b) Rehabilitation.--The Secretary is directed to perform such rehabilitation work as is necessary to bring the dams identified pursuant to subsection (c) to a satisfactory condition. Upon the completion of rehabilitation work on each dam, the dam shall be placed under the dam safety operation and maintenance program established pursuant to subsection (a) and shall be regularly maintained under the guidelines of such program. (c) List of Dams.--The Secretary shall develop a comprehensive list of dams located on Indian lands that describes the dam safety condition classifications of each dam, as such terms are defined in section 3(5). (d) Purpose.--Work authorized by this Act shall be for the purposes of dam safety operation and maintenance and not for the purposes of providing additional conservation storage capacity or developing benefits beyond those provided by the original dams and reservoirs. (e) Technical Assistance.--To carry out the purposes of this Act, the Secretary may obtain technical assistance from agencies in addition to the BIA under his jurisdiction, such as the Bureau of Reclamation, or from other departments through memoranda of understanding, such as the Department of Defense. Notwithstanding any such technical assistance, the dam safety program and the dam safety operation and maintenance program shall remain under the direction of the BIA. (f) Contract Authority.--In addition to any other authority established by law, the Secretary is authorized to contract with appropriate Indian tribes to carry out the dam safety operation and maintenance program established pursuant to this Act. SEC. 5. AUTHORIZATION. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Passed the Senate July 20 (legislative day, June 30), 1993. Attest: WALTER J. STEWART, Secretary.

Indian Dams Safety Act of 1993 - Establishes a dam safety operation and maintenance program (program) within the Bureau of Indian Affairs (BIA). Directs the Secretary of the Interior to: (1) develop a comprehensive list of dams located on Indian lands in New Mexico that are in fair, conditionally poor, poor, or unsatisfactory condition; and (2) perform such rehabilitation work as is necessary to bring such dams to a satisfactory condition. Requires that the dam, upon completion of rehabilitation work, be placed under the program and be regularly maintained pursuant to program guidelines. Specifies that work authorized by this Act shall be for the purposes of dam safety operation and maintenance and not to provide additional conservation storage capacity or to develop benefits beyond those provided by the original dams and reservoirs.

Indian Dams Safety Act of 1993

SECTION 1. DISALLOWANCE OF DEDUCTION FOR EXCESS NON-TAXED REINSURANCE PREMIUMS PAID TO AFFILIATES. (a) In General.--Subsection (b) of section 832 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Limitation on deduction for excess non-taxed reinsurance premiums paid to affiliates.-- ``(A) In general.--No deduction shall be allowed under paragraph (4) for so much of the affiliated non- taxed reinsurance premiums paid by a covered insurance company during the taxable year as exceeds the sum of-- ``(i) the premium limitation for such taxable year, plus ``(ii) the qualified ceding commissions with respect to such premiums. ``(B) Affiliated non-taxed reinsurance premiums.-- For purposes of this paragraph-- ``(i) In general.--The term `affiliated non-taxed reinsurance premium' means any reinsurance premium paid directly or indirectly to an affiliated corporation if, with respect to such affiliated corporation, such premium is neither subpart F income (as defined in section 952) nor subject to tax under this subtitle. ``(ii) Netting of premiums paid to covered insurance company by affiliates.--The amount of premiums which would (but for this clause) be treated as affiliated non-taxed reinsurance premiums with respect to any affiliated corporation for any taxable year shall be reduced (but not below zero) by any reinsurance premiums paid directly or indirectly to the covered insurance company by such affiliated corporation during such taxable year. ``(iii) Premiums treated as non-taxed to extent of treaty reduction.--Rules similar to the rules of section 163(j)(5)(B) shall apply for purposes of determining the extent to which tax is imposed by this subtitle with respect to any premium. ``(C) Premium limitation.--For purposes of this paragraph-- ``(i) In general.--The term `premium limitation' means, with respect to any covered insurance company for any taxable year, the excess of-- ``(I) the product of the gross premiums written by such covered insurance company on insurance contracts during the taxable year multiplied by the industry fraction for such taxable year, over ``(II) the aggregate reinsurance premiums paid by such covered insurance company during the taxable year which are not affiliated non-taxed reinsurance premiums. Such limitation shall not be less than zero. ``(ii) Industry fraction.--In the case of any taxable year beginning in a calendar year, the term `industry fraction' means the fraction, determined by the Secretary on the basis of published aggregate data from annual statements of insurance companies-- ``(I) the numerator of which is the aggregate reinsurance premiums paid by covered insurance companies to non- affiliated corporations during the second preceding calendar year, and ``(II) the denominator of which is the aggregate gross premiums written by covered insurance companies during such second preceding calendar year. ``(iii) Separate application to each line of business.--With respect to each line of business-- ``(I) the Secretary shall determine a separate industry fraction with respect to each such line of business, and ``(II) subparagraph (A) shall be applied separately to each such line of business by taking into account the industry fraction determined with respect to such line of business. ``(D) Qualified ceding commission.--For purposes of this paragraph, the term `qualified ceding commission' means, with respect to the affiliated non-taxed reinsurance premiums paid by a covered insurance company during any taxable year, the product of-- ``(i) the ceding commissions which are paid to such company with respect to such premiums and which are included in income of such company, multiplied by ``(ii) a fraction-- ``(I) the numerator of which is so much of such premiums as exceeds the premium limitation for such taxable year, and ``(II) the denominator of which is the aggregate amount of such premiums. ``(E) Election to treat reinsurance income as effectively connected.-- ``(i) In general.--A specified affiliated corporation may elect for any taxable year-- ``(I) to treat specified reinsurance income as income effectively connected with the conduct of a trade or business in the United States, and ``(II) to be treated as carrying on an insurance business within the United States. ``(ii) Specified affiliated corporation.-- For purposes of this subparagraph, the term `specified affiliated corporation' means any affiliated corporation which-- ``(I) is a foreign corporation which would qualify under part I or this part for the taxable year if it were a domestic corporation, ``(II) waives all benefits granted by the United States under any treaty between the United States and any foreign country with respect to specified reinsurance income with respect to which the election under clause (i) applies, and ``(III) meets such requirements as the Secretary shall prescribe to ensure that tax on such income is properly determined and paid. ``(iii) Specified reinsurance income.--For purposes of this subparagraph, the term `specified reinsurance income' means, with respect to any specified affiliated corporation for any taxable year-- ``(I) all reinsurance premiums which would (but for the election made under this subparagraph) be affiliated non-taxed reinsurance premiums and which are received by such corporation during such taxable year directly or indirectly from covered insurance companies with respect to which such corporation is affiliated, and ``(II) so much of the net investment income (within the meaning of section 842(b)) for such taxable year as is allocable to reinsurance premiums with respect to which an election under clause (i) applies for such taxable year or any prior taxable year. ``(iv) Rules related to election.--Any election under clause (i) shall-- ``(I) be made at such time and in such form and manner as the Secretary may provide, and ``(II) apply for the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. ``(F) Other definitions and special rules.--For purposes of this paragraph-- ``(i) Covered insurance company.--The term `covered insurance company' means any insurance company subject to the tax imposed by section 831. ``(ii) Treatment of controlled group.--All domestic members of a controlled group of corporations (as defined in section 1563) of which a covered insurance company is a member shall be treated as one corporation. ``(iii) Affiliated corporations.--A corporation shall be treated as affiliated with a covered insurance company if both corporations are members of the same controlled group of corporations, as defined in section 1563(a) except that-- ``(I) `more than 25 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1), and ``(II) the determination shall be made without regard to subsections (a)(4), (b)(2)(C), (b)(2)(D), and (e)(3)(C) of section 1563. ``(iv) Treatment of reinsurance assumed by covered insurance company.--Reinsurance ceded by a non-affiliated corporation to a covered insurance company shall be taken into account in the same manner as premiums written by such covered insurance company. ``(G) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out or to prevent the avoidance of the purposes of this paragraph, including regulations which provide for the application of this section to alternative reinsurance transactions, fronting transactions, conduit and reciprocal transactions, and any economically equivalent transactions.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009.

Amends the Internal Revenue Code to deny a tax deduction for excess reinsurance premiums with respect to U.S. risks paid to affiliated insurance companies that are not subject to U.S. taxation.

To amend the Internal Revenue Code of 1986 to disallow the deduction for excess non-taxed reinsurance premiums with respect to United States risks paid to affiliates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber Fair Trade and Forest Conservation Act of 1994''. SEC. 2. EXPORT CONTROLS ON UNPROCESSED TIMBER. Section 7 of the Export Administration Act of 1979 (50 U.S.C. App. 2406) is amended by adding at the end the following: ``(1) Unprocessed Timber.-- ``(1) Monitoring.--The Secretary shall monitor-- ``(A) exports of, and contracts to export, unprocessed timber, and ``(B) domestic supplies of such unprocessed timber for domestic manufacturing purposes, for the purpose of determining whether a critical shortage of unprocessed timber, or of any species or grade of unprocessed timber, exists for domestic manufacturing purposes. ``(2) Export restrictions.--If the Secretary finds that a critical shortage of unprocessed timber for domestic manufacturing purposes exists in any State or region, then the Secretary shall impose restrictions on the export of such unprocessed timber sufficient to ensure that there is an adequate supply of such unprocessed timber to meet domestic manufacturing needs in that State or region. The Secretary may remove such restrictions upon reporting to Congress, under paragraph (3)(A), that such restrictions are no longer required under this subsection. ``(3) Reports to congress.--(A) The Secretary shall submit to Congress, not later than 30 days after the end of each calendar quarter, a report on the results of the monitoring conducted under paragraph (1), the Secretary's determination of whether a critical shortage of unprocessed timber for domestic manufacturing purposes exists in any State or region, and any export restrictions imposed as a result of such determination. ``(B) Each report under subparagraph (A) shall-- ``(i) specify the quantity of exports, by port, of unprocessed timber during the period covered by the report, and the quantity of unprocessed timber to be exported under contracts to export entered into during such period; ``(ii) estimate, as of the date of the report, the domestic supplies, by State, of unprocessed timber available for domestic manufacturing purposes; ``(iii) specify whether such unprocessed timber originated from Federal lands, State lands, or private lands; ``(iv) determine whether such supplies of unprocessed timber were sufficient to meet the needs of domestic manufacturers; ``(v) include a formal finding as to whether a critical shortage of unprocessed timber for domestic manufacturing purposes exists in any State or region; and ``(vi) if such a shortage or shortages exist, specify the export restrictions deemed necessary to satisfy domestic needs. ``(4) Small woodlands.--Whenever the Secretary imposes export restrictions under this subsection, the Secretary shall give preference in the allocation of any available export licenses to persons who own or have ownership interests in fewer than 3,000 acres of forest land and are exporting timber from that ownership, or persons who can demonstrate in a manner to be prescribed by the Secretary that the timber to be exported under such licenses originates from such ownerships. ``(5) Definitions.--For purposes of this subsection-- ``(A) the term `unprocessed timber' has the meaning given that term in section 493(7) of the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620e(7)); ``(B) the term `private lands' means lands held or owned by a person, except that such term does not include Federal lands or State lands, or any lands the title to which is-- ``(i) held in trust by the United States for the benefit of any Indian tribe or individual, ``(ii) held by any Indian tribe or individual subject to a restriction by the United States against alienation, or ``(iii) held by any Native Corporation as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602); ``(C) the term `Federal lands' means lands that are owned by the United States, but does not include any lands described in clause (i), (ii), or (iii) of subparagraph (B); ``(D) the term `State lands' means lands that are held or owned by a State or political subdivision thereof, but does not include any lands described in clause (i), (ii), or (iii) of subparagraph (B); ``(E)(i) a `critical shortage of unprocessed timber for domestic manufacturing purposes' includes any period in which the volume of exports of such unprocessed timber in relation to supplies for domestic manufacturing purposes is contributing to a significant inflationary increase in domestic wood products prices or a shortage of such unprocessed timber for domestic manufacturing purposes, and such price increase or shortage has, or may have, a serious impact on the economy or any sector thereof; ``(ii) for purposes of clause (i), a `serious impact on the economy or any sector thereof' may include a situation in which domestic lumber, paper or wood products mills are terminating or curtailing operations due to a shortage of unprocessed timber; ``(F) the term `person' means any individual, partnership, corporation, association, or other legal entity and includes any subsidiary, subcontractor, or parent company, and business affiliates where 1 affiliate controls or has the power to control the other or when both are controlled directly or indirectly by a third person; and ``(G) the term `forest land' means land that is at least 10 percent stocked by live trees or land formerly having such tree cover and not currently developed for nonforest use. ``(6) Relationship to other provisions.--Unprocessed timber shall not be considered to be an agricultural commodity for the purposes of subsection (g) of this section. ``(7) Inapplicability of termination provision.--The provisions of section 20 do not apply to this subsection, or to any authority under this Act that is necessary to carry out this subsection. ``(8) Presidential authority.--The President is authorized, after suitable notice and a public comment period of not less than 90 days, to suspend any export restrictions imposed under paragraph (2) if a ruling is issued under the formal dispute resolution procedures of the General Agreement on Tariffs and Trade finding that such restrictions violate Article XI prohibitions on export restrictions and are not allowable under the exceptions to Article XI.''. SEC. 3. IMPOSITION OF EXPORT CONTROLS ON CERTAIN STATES. (a) Finding.--The Congress finds that a critical shortage of unprocessed timber for domestic manufacturing purposes exists, within the meaning of section 7(1) of the Export Administration Act of 1979, in the States of Washington, Oregon, California, Idaho and Montana. (b) Export Controls.--The Secretary of Commerce shall, upon the enactment of this Act, impose quantitative restrictions under section 7(1) of the Export Administration Act of 1979, on exports of unprocessed timber from each State referred to in subsection (a).

Timber Fair Trade and Forest Conservation Act of 1994- Amends the Export Administration Act of 1979 to require the Secretary of Commerce (Secretary), in order to determine whether a critical shortage exists of unprocessed timber, or of any species or grade of unprocessed timber, for domestic manufacturing, to monitor: (1) exports of, and contracts to export, unprocessed timber; and (2) domestic supplies of such unprocessed timber for domestic manufacturing purposes. Requires the Secretary to impose quantitative restrictions on the export of unprocessed timber in any State or region where a critical shortage exists. Requires the Secretary to submit to the Congress specified quarterly reports. Requires the Secretary, whenever such export restrictions are imposed, to give preference in the allocation of export licenses to persons who own or have ownership interests in fewer than 3,000 acres of forest land. Authorizes the President to suspend such export restrictions if a ruling is issued under the formal dispute resolution procedures of the General Agreement on Tariffs and Trade (GATT) finding that they violate GATT Article XI prohibitions on export restrictions and are not allowable under such Article's exceptions. Directs the Secretary to impose quantitative restrictions on exports of unprocessed timber from Washington, Oregon, California, Idaho, and Montana.

Timber Fair Trade and Forest Conservation Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Electronics Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The International Energy Agency estimates new electronic gadgets have the potential to triple their energy consumption by 2030 to 1,700 terawatt hours, the equivalent of today's home electricity consumption of the United States and Japan combined. (2) According to the International Energy Agency, electronic gadgets already account for about 15 percent of household electric consumption, a share that is rising rapidly as the number of these gadgets multiplies. Last year, the world spent $80,000,000,000 on electricity to power all these household electronics, and that is projected to rise to $200,000,000,000 a year by 2030. (3) Most of the increase in consumer electronics will be in developing countries, where economic growth is fastest and ownership rates of gadgets is the lowest. (4) This proliferation in the use of devices will jeopardize efforts to increase the energy security of the United States and reduce the emission of greenhouse gases. (5) The cost to business is even higher. Power consumed by the typical corporate data center is growing by 20 percent per year. Existing technologies could slash gadgets' energy consumption by more than 30 percent at no cost or by more than 50 percent at a small cost, meaning that total greenhouse gas emissions from households' electronic gadgets could be held stable at around 500,000,000 tons of carbon dioxide per year. (6) Governmental policies and programs such as Energy Star have the potential to be enhanced to achieve even greater energy savings through clear mandates and incentives and upgraded implementation. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Consumer electronics.--The term ``consumer electronics'' means electronic equipment intended for everyday use, most often in entertainment, communications, and office productivity. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Smart electronics.--The term ``smart electronics'' means consumer electronics that include measures to reduce energy use and increase energy efficiency, such as the following: (A) Power-factor correction. (B) Stand-by power mode. (C) Communication with smart grid and in-home and networked energy monitoring equipment. (D) On-demand and variable processing speed semiconductors. (E) Off-peak operation and charging. (F) Low power switchable modes. (G) The ability to achieve greater efficiency with multiple functions on semiconductors. SEC. 4. ASSESSMENT AND ANALYSIS. Within 1 year after the date of enactment of this Act, the Secretary and the Administrator shall submit a report to Congress that-- (1) assesses the potential for cost-effective integration of smart electronics technologies and capabilities in all products that are reviewed for potential designation as Energy Star products; (2) assesses the growth of consumer electronics utilization and the associated energy consumption; (3) analyzes the potential energy savings and electricity cost savings that could accrue through specific Energy Star program focus on smart electronics; and (4) analyzes and ranks the potential of cost-effective smart electronics technologies. SEC. 5. INCORPORATION OF SMART ELECTRONICS IN ENERGY STAR PROGRAM. To the extent that it is consistent with the findings of the report under section 4, the Secretary and the Administrator shall develop a smart electronics emphasis as part of the implementation of the Energy Star program. SEC. 6. ENERGY STAR SMART ELECTRONICS REGISTRY. (a) In General.--To the extent that it is consistent with the findings of the report under section 4, the Secretary and the Administrator shall establish within the Energy Star program a Smart Electronics Registry that provides a voluntary mechanism for electronics manufacturers and sellers to register their smart electronics products. In operating the registry, the Secretary and the Administrator shall-- (1) work with manufacturers to develop testing and verification protocols to ensure that products qualify as smart electronics; and (2) work with sellers to develop qualification criteria for smart electronics sales location labeling. (b) State Standards.--Nothing in this section shall prohibit a State from enacting smart electronics standards more stringent than protocols and criteria established pursuant to this section.

Smart Electronics Act - Requires the Secretary of Energy (DOE) and the Administrator of the Environmental Protection Agency (EPA) to submit a report that: (1) assesses the potential for cost-effective integration of smart electronics technologies and capabilities in all products that are reviewed for potential designation as Energy Star products, (2) assesses the growth of consumer electronics utilization and the associated energy consumption, (3) analyzes the potential energy savings and electricity cost savings that could accrue through specific Energy Star program focus on smart electronics, and (4) analyzes and ranks the potential of cost-effective smart electronics technologies. Defines "smart electronics" to mean consumer electronics that include measures to reduce energy use and increase energy efficiency, such as: (1) power-factor correction, (2) stand-by power mode, (3) communication with smart grid and in-home and networked energy monitoring equipment, (4) on-demand and variable processing speed semiconductors, (5) off-peak operation and charging, (6) low power switchable modes, and (7) the ability to achieve greater efficiency with multiple functions on semiconductors. Requires the Secretary and the Administrator, to the extent consistent with report findings, to: (1) develop a smart electronics emphasis as part of the implementation of the Energy Star program, and (2) establish within that program a Smart Electronics Registry that provides a voluntary mechanism for electronics manufacturers and sellers to register their smart electronics products. Directs the Secretary and the Administrator to work with: (1) manufacturers to develop testing and verification protocols to ensure that products qualify as smart electronics, and (2) sellers to develop qualification criteria for smart electronics sales location labeling. Permits states to enact smart electronics standards more stringent than protocols and criteria established under this Act.

To assess the potential of smart electronics to reduce home and office electricity demand, to incorporate smart electronics into the Energy Star Program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2003''. SEC. 2. PERMANENT JUDGESHIPS. Section 152(a)(2) of title 28, United States Code, is amended-- (1) in the item relating to the eastern and western districts of Arkansas by striking ``3'' and inserting ``4'', (2) in the item relating to the district of Delaware by striking ``1'' and inserting ``6'', (3) in the item relating to the middle district of Florida by striking ``8'' and inserting ``10'', (4) in the item relating to the southern district of Florida by striking ``5'' and inserting ``7'', (5) in the item relating to the northern district of Georgia by striking ``8'' and inserting ``9'', (6) in the item relating to the southern district of Georgia by striking ``2'' and inserting ``3'', (7) in the item relating to the district of Maryland by striking ``4'' and inserting ``7'', (8) in the item relating to the eastern district of Michigan by striking ``4'' and inserting ``6'', (9) in the item relating to the district of Nevada by striking ``3'' and inserting ``5'', (10) in the item relating to the district of New Jersey by striking ``8'' and inserting ``9'', (11) in the item relating to the southern district of New York by striking ``9'' and inserting ``11'', (12) in the item relating to the eastern district of North Carolina by striking ``2'' and inserting ``3'', (13) in the item relating to the eastern district of Pennsylvania by striking ``5'' and inserting ``6'', (14) in the item relating to the district of Puerto Rico by striking ``2'' and inserting ``3'', (15) in the item relating to the district of South Carolina by striking ``2'' and inserting ``3'', (16) in the item relating to the western district of Tennessee by striking ``4'' and inserting ``6'', (17) in the item relating to the district of Utah by striking ``3'' and inserting ``4'', and (18) in the item relating to the eastern district of Virginia by striking ``5'' and inserting ``6''. SEC. 3. TEMPORARY JUDGESHIPS. (a) Temporary Judgeships.-- (1) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (A) One additional bankruptcy judge for the southern district of Georgia. (B) One additional bankruptcy judge for the district of Maryland. (C) One additional bankruptcy judge for the eastern district of Mississippi. (D) One additional bankruptcy judge for the northern district of Mississippi. (E) One additional bankruptcy judge for the middle district of New York. (F) One additional bankruptcy judge for the middle district of Pennsylvania. (G) One additional bankruptcy judge for the district of Puerto Rico. (2) Vacancies.--The first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in paragraph (1)-- (i) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under paragraph (1) to such office; and (ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge; shall not be filled. (b) Extensions.-- (1) In general.--The temporary office of bankruptcy judges authorized for the northern district of Alabama and the eastern district of Tennessee under paragraphs (1) and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years after the date of the enactment of this Act. (2) Applicability of other provisions.--All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary office of bankruptcy judges referred to in this subsection. (c) Technical Amendments.--Section 152(a) of title 28, United States Code, is amended-- (1) in paragraph (1), by striking the first sentence and inserting the following: ``Each bankruptcy judge to be appointed for a judicial district, as provided in paragraph (2), shall be appointed by the court of appeals of the United States for the circuit in which such district is located.''; and (2) in paragraph (2)-- (A) in the item relating to the middle district of Georgia, by striking ``2'' and inserting ``3''; and (B) in the collective item relating to the middle and southern districts of Georgia, by striking ``Middle and Southern . . . . . . 1''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Bankruptcy Judgeship Act of 2003 - Amends the Federal judicial code to: (1) authorize the appointment of additional permanent and temporary bankruptcy judges in various States and Puerto Rico; and (2) extend certain temporary office of bankruptcy judges previously authorized for Alabama and Tennessee.

To amend title 28 of the United States Code to authorize the appointment of additional bankruptcy judges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Rural Law Enforcement Crime-Fighting Scholarship Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the organization of illegal gangs and many systems of illegal drug trafficking and distribution have become increasingly similar in both urban and rural areas of the United States; (2) crime- and drug-ridden neighborhoods in both urban and rural areas demonstrate many of the same characteristics; (3) many law enforcement agencies in urban areas utilize the most modern technology and cutting-edge police tactics to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities; and (4) law enforcement agencies in rural areas may improve their efforts in the community if officers have an opportunity to participate in a program permitting them to conduct firsthand observations of the strategies and technologies utilized by Federal and urban law enforcement agencies to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities. SEC. 3. ESTABLISHMENT OF THE RURAL LAW ENFORCEMENT CRIME-FIGHTING SCHOLARSHIP PROGRAM. (a) In General.--The Attorney General, through the Office of Justice Programs and in consultation with the National Center for Rural Law Enforcement at the University of Arkansas, shall establish a rural law enforcement scholarship program by providing grants to rural law enforcement agencies and consortia of law enforcement agencies. The grants shall be used to allow law enforcement officers to observe the advanced strategies and technologies employed by Federal and urban law enforcement agencies to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities. (b) Site Identification and Notification.-- (1) Identification.--Before grants are awarded and not later than 90 days after the date of the enactment of this Act, the Attorney General shall identify Federal and urban law enforcement agencies willing to allow rural law enforcement officers to observe the strategies and technologies used for fighting crime and creating safer neighborhoods and communities. (2) Notification.--Not later than 120 days after the date of the enactment of this Act, the Attorney General shall publish in the Federal Register a list of the urban and Federal agencies identified under paragraph (1). (c) Grant Amounts.-- (1) In general.--The Attorney General shall determine the appropriate amount of each grant award after considering the relative costs associated with each observation opportunity. (2) Maximum grant award.--Each grant award may not exceed $2,500 for an individual rural law enforcement agency and $7,500 for a consortium of law enforcement agencies. (d) Participation Requirements.--Officers selected for a rural law enforcement scholarship may participate in a particular observation opportunity for a maximum period of 1 month. Not more than 1 officer from the same rural law enforcement agency may participate. In cases in which 1 or more rural law enforcement agencies establish a consortium, not more than 1 officer from each agency in the consortium may participate. (e) Uses of Funds.--Subject to subsections (c) and (d), a grant received under this Act may be used to pay the costs of official travel, lodging, and expenses that law enforcement officers incur while participating in the program. SEC. 4. ELIGIBILITY AND SELECTION. (a) Eligibility.--To be eligible to receive a grant under this Act, a rural law enforcement agency, on its own behalf or for a consortium of law enforcement agencies shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Selection.--The Attorney General shall select grant recipients by using the following criteria: (1) Criminal activities.--The extent of violent crime, drug trafficking and distribution, drug use, and other major indicators of crime that threaten the public safety in the area served by the rural law enforcement agency, as identified in studies conducted by the Department of Justice and in State applications submitted under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 for the Edward Bryne Memorial State and Local Law Enforcement Assistance Programs. (2) Program benefits.--The extent to which the observation opportunity is likely to provide law enforcement officers who participate in the scholarship program with knowledge or skills that can be successfully employed in the area that the rural law enforcement agency serves. SEC. 5. REPORTING. Not later than 3 years after the date of the enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report regarding the success of participating rural law enforcement agencies in employing strategies or technology observed during participation in the rural law enforcement scholarship program. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``consortium of law enforcement agencies'' means not less than 1 rural law enforcement agency that executes an agreement with other law enforcement agencies which may include sheriff, highway patrol, and police departments that seek to organize more comprehensive crime-fighting strategies in rural areas. (2) The term ``law enforcement officer'' has the same meaning given such term in section 1204(5) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(5). (3) The term ``metropolitan statistical area'' has the same meaning given such term by the Bureau of the Census. (4) The term ``rural law enforcement agency'' means a law enforcement agency that serves-- (A) a city, town, township, borough, or village outside a metropolitan statistical area; (B) a city, town, township, borough, or village of less than 10,000 residents; or (C) a county or parish of less than 80,000 residents. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $12,000,000 to carry out this Act for each of the fiscal years 2000 through 2005.

Bipartisan Rural Law Enforcement Crime-Fighting Scholarship Act - Directs the Attorney General, through the Office of Justice Programs and in consultation with the National Center for Rural Law Enforcement at the University of Arkansas, to establish a rural law enforcement scholarship program by providing grants to rural law enforcement agencies and consortia of law enforcement agencies to be used to allow law enforcement officers to observe the advanced strategies and technologies employed by Federal and urban law enforcement agencies to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities. Requires the Attorney General, before grants are awarded, to identify Federal and urban law enforcement agencies willing to allow rural law enforcement officers to observe and to publish a list of those agencies in the Federal Register. Limits each grant award to $2,500 for an individual rural law enforcement agency and $7,500 for a consortium of law enforcement agencies. Allows officers selected for a rural law enforcement scholarship to participate in a particular observation opportunity for a maximum period of one month. Prohibits more than one officer from the same rural law enforcement agency from participating in the program. Permits grants to be used for paying the costs of official travel, lodging, and expenses that participating law enforcement officers incur. Directs the Attorney General to report to the House and Senate Judiciary Committees on the success of participating rural law enforcement agencies in employing strategies or technology observed. Authorizes appropriations.

Bipartisan Rural Law Enforcement Crime-Fighting Scholarship Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biofuels Energy Independence Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The over reliance of the United States on imported petroleum creates a major strategic vulnerability for the Nation, with nearly half of the energy supply of the United States dependent on foreign sources. (2) From the economically damaging Arab oil embargoes of 1973-74 and 1979 to the current recession precipitated by rising oil prices which began in 1999, the economic stability of the United States has too often been shaken by economic forces outside its borders. (3) This Act would shift America's dependence away from foreign petroleum as an energy source toward alternative, renewable, domestic agricultural sources. Its aim is to convert the current petroleum trade deficit to a trade balance by replacing foreign sources of supply with steady increases of biobased fuels through domestic production. (4) Currently the United States annually consumes about 164,000,000,000 gallons of vehicle fuels and 5,600,00,000 gallons of heating oil. In 2000, 52.9 percent of these fuels were imported, yielding a $109,000,000,000 trade deficit with the rest of the world. Since 1983, the United States importation of petroleum and its derivatives has nearly tripled, rising from 1,215,225,000 barrels in 1983 to 3,319,816,000 barrels in 2000. (5) Further Strategic Petroleum Reserve policy should encourage domestic production to the greatest extent possible. Currently the Strategic Petroleum Reserve holds 545,000,000 barrels (out of a potential 700,000,000 barrels), sufficient to cushion the United States from wild price swings for a period of 53 days. None of the fuel in this Reserve is biobased. In fact, 92.2 percent of the Strategic Petroleum Reserve has been purchased from foreign sources: 41.9 percent from Mexico, 24 percent from the United Kingdom, and over 20 percent from OPEC nations. (6) Strategic Petroleum Reserve policy also should encourage the development of alternatives to the Nation's reliance on petroleum such as biomass fuels. (7) As a first step in diversification, the Strategic Petroleum Reserve should exchange 2,100,000 barrels from our current reserves for 32,000,000 gallons of ethanol and biodiesel, which would comprise less than 2 percent of the United States market, but yield a doubling of ethanol products. (8) The benefits of biofuels are as follows: (A) Energy security.-- (i) Biofuels hold potential to address our dependence on foreign energy sources immediately. With agricultural surpluses, commodity prices have reached record lows; concurrently world petroleum prices have reached record highs and are expected to continue rising as global petroleum reserves are drawn down over the next 25 years. It also is clear that economic conditions are favorable to utilize domestic surpluses of biobased oils to enhance the Nation's energy security. (ii) In the short term, biofuels can supply at least one-fifth of current United States fuel demand using existing technologies and capabilities. Additional plant research, newer processing and distribution technologies, and placing additional acres under cultivation can yield even greater results. (iii) Biofuels can be used with existing petroleum infrastructure and conventional equipment. (B) Economic security.-- (i) Continued dependence upon imported sources of oil means our Nation is strategically vulnerable to disruptions in our oil supply. (ii) Renewable biofuels domestically produced directly replace imported oil. (iii) Increased use of renewable biofuels would result in significant economic benefits to rural and urban areas and also reduce the trade deficit. (iv) According to the Department of Agriculture, a sustained annual market of 100,000,000 gallons of biodiesel alone would result in $170,000,000 in increased income to farmers. (v) Farmer-owned biofuels production has already resulted in improved income for farmers, as evidenced by the experience with State-supported rural development efforts in Minnesota where prices to corn producers have been increased by $1.00 per bushel. (C) Environmental security.-- (i) The use of grain-based ethanol reduces greenhouse gas emissions from 35 to 46 percent compared with conventional gasoline. Biomass ethanol provides an even greater reduction. (ii) The American Lung Association of Metropolitan Chicago credits ethanol-blended reformulated gasoline with reducing smog- forming emissions by 25 percent since 1990. (iii) Ethanol reduces tailpipe carbon monoxide emissions by as much as 30 percent. (iv) Ethanol reduces exhaust volatile organic compounds emissions by 12 percent. (v) Ethanol reduces toxic emissions by 30 percent. (vi) Ethanol reduces particulate emissions, especially fine-particulates that pose a health threat to children, senior citizens, and those with respiratory ailments. (vii) Biodiesel contains no sulfur of aromatics associated with air pollution. (viii) The use of biodiesel provides a 78.5 percent reduction in CO<INF>2</INF> emissions compared to petroleum diesel and when burned in a conventional engine provides a substantial reduction of unburned hydrocarbons, carbon monoxide, and particulate matter. TITLE I--BIOFUELS FEEDSTOCKS ENERGY RESERVE PROGRAM SEC. 101. ESTABLISHMENT. The Secretary of Agriculture (in this title referred to as the ``Secretary'') may establish and administer a reserve of agricultural commodities (known as the ``Biofuels Feedstocks Energy Reserve'') for the purpose of-- (1) providing feedstocks to support and further the production of energy from biofuels; and (2) supporting the biofuels energy industry when production is at risk of declining due to reduced feedstocks or significant commodity price increases. SEC. 102. PURCHASES. (a) In General.--The Secretary may purchase agricultural commodities at commercial rates, subject to subsection (b), in order to establish, maintain, or enhance the Biofuels Feedstocks Energy Reserve when-- (1)(A) the commodities are in abundant supply; and (B) there is need for adequate carryover stocks to ensure a reliable supply of the commodities to meet the purposes of the reserve; or (2) it is otherwise necessary to fulfill the needs and purposes of the biofuels energy reserve program. (b) Limitation.--The agricultural commodities purchased for the Biofuels Feedstocks Energy Reserve shall be-- (1) of the type and quantity necessary to provide not less than 1-year's utilization for renewable energy purposes; and (2) in such additional quantities to provide incentives for research and development of new renewable fuels and bio-energy initiatives. SEC. 103. RELEASE OF STOCKS. Whenever the market price of a commodity held in the Biofuels Feedstocks Energy Reserve exceeds 100 percent of the economic cost of producing the commodity (as determined by the Economic Research Service using the best available information, and based on a 3-year moving average), the Secretary shall release stocks of the commodity from the reserve at cost of acquisition, in amounts determined appropriate by the Secretary. SEC. 104. STORAGE PAYMENTS. (a) In General.--The Secretary shall provide for the storage of agricultural commodities purchased for the Biofuels Feedstocks Energy Reserve by making payments to producers for the storage of the commodities. The payments shall-- (1) be in such amounts, under such conditions, and at such times as the Secretary determines appropriate to encourage producers to participate in the program; and (2) reflect local, commercial storage rates, subject to appropriate conditions concerning quality management and other factors. (b) Announcement of Program.-- (1) Time of announcement.--The Secretary shall announce the terms and conditions of the storage payments for a crop of a commodity by-- (A) in the case of wheat, December 15 of the year in which the crop of wheat was harvested; (B) in the case of feed grains, March 15 of the year following the year in which the crop of corn was harvested; and (C) in the case of other commodities, such dates as may be determined by the Secretary. (2) Content of announcement.--In the announcement, the Secretary shall specify the maximum quantity of a commodity to be stored in the Biofuels Feedstocks Energy Reserve that the Secretary determines appropriate to promote the orderly marketing of the commodity, and to ensure an adequate supply for the production of biofuels. (c) Reconcentration.--The Secretary may, with the concurrence of the owner of a commodity stored under this program, reconcentrate the commodity stored in commercial warehouses at such points as the Secretary considers to be in the public interest, taking into account such factors as transportation and normal marketing patterns. The Secretary shall permit rotation of stocks and facilitate maintenance of quality under regulations that assure that the holding producer or warehouseman shall, at all times, have available for delivery at the designated place of storage both the quantity and quality of the commodity covered by the producer's or warehouseman's commitment. (d) Management.--Whenever a commodity is stored under this section, the Secretary may buy and sell at an equivalent price, allowing for the customary location and grade differentials, substantially equivalent quantities of the commodity in different locations or warehouses to the extent needed to properly handle, rotate, distribute, and locate the commodity that the Commodity Credit Corporation owns or controls. The purchases to offset sales shall be made within 2 market days following the sales. The Secretary shall make a daily list available showing the price, location, and quantity of the transactions. (e) Review.--In announcing the terms and conditions under which storage payments will be made under this section, the Secretary shall review standards concerning the quality of a commodity to be stored in the Biofuels Feedstocks Energy Reserve, and such standards should encourage only quality commodities, as determined by the Secretary. The Secretary shall review inspection, maintenance, and stock rotation requirements and take the necessary steps to maintain the quality of the commodities stored in the reserve. SEC. 105. USE OF COMMODITY CREDIT CORPORATION. The Secretary shall use the Commodity Credit Corporation, to the extent feasible, to carry out this title. To the maximum extent practicable consistent with the effective and efficient administration of this title, the Secretary shall utilize the usual and customary channels, facilities, and arrangements of trade and commerce. SEC. 106. REGULATIONS. Not later than 60 days after November 28, 2001, the Secretary shall issue such regulations as are necessary to carry out this title. TITLE II--BIOFUELS FINANCIAL ASSISTANCE SEC. 201. LOANS AND LOAN GUARANTEES. (a) In General.--The Secretary of Agriculture (in this section referred to as the ``Secretary'') may make and guarantee loans for the production, distribution, development, and storage of biofuels. (b) Eligibility.-- (1) In general.--Except as provided in paragraph (2), an applicant for a loan or loan guarantee under this section shall be eligible to receive such a loan or loan guarantee if-- (A) the applicant is a farmer, member of an association of farmers, member of a farm cooperative, municipal entity, nonprofit corporation, State, or Territory; and (B) the applicant is unable to obtain sufficient credit elsewhere to finance the actual needs of the applicant at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. (2) Loan guarantee eligibility precludes loan eligibility.--An applicant who is eligible for a loan guarantee under this section shall not be eligible for a loan under this section. (c) Loan Terms.-- (1) Interest rate.--Interest shall be payable on a loan under this section at the rate at which interest is payable on obligations issued by United States for a similar period of time. (2) Repayment period.--A loan under this section shall be repayable in not less than 5 years and not more than 20 years. (d) Revolving Fund.-- (1) Establishment.--The Secretary shall establish a revolving fund for the making of loans under this section. (2) Deposits.--The Secretary shall deposit into the revolving fund all amounts received on account of loans made under this section. (3) Payments.--The Secretary shall make loans under this section, and make payments pursuant to loan guarantees provided under this section, from amounts in the revolving fund. (e) Regulations.--The Secretary may prescribe such regulations as may be necessary to carry out this section. (f) Limitations on Authorization of Appropriations.--For the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of loans and loan guarantees under this section, there are authorized to be appropriated to the revolving fund established under subsection (d) of this section such sums as may be necessary for fiscal years 2002 through 2009.

Biofuels Energy Independence Act of 2001 - Authorizes the Secretary of Agriculture to administer a Biofuels Feedstocks Energy Reserve to: (1) provide feedstocks in furtherance of biofuel-based energy production; and (2) support the biofuels energy industry when production is at risk due to reductions in feedstocks or commodity prices. Sets forth related provisions respecting commercial commodity purchases, release of commodity stocks, and storage payments.Authorizes the Secretary to make and guarantee loans for biofuel production, distribution, development, and storage. Sets forth loan eligibility provisions. Directs the Secretary to establish a related revolving fund.

To provide for a Biofuels Feedstocks Energy Reserve, and to authorize the Secretary of Agriculture to make and guarantee loans for the production, distribution, development, and storage of biofuels.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Thinking, Collaboration, Communication, and Creativity for Careers Act'' or the ``Four C's for Careers Act''. SEC. 2. DELIVERING HIGH-QUALITY CAREER AND TECHNICAL EDUCATION OPPORTUNITIES. Section 135 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended-- (1) in subsection (b)-- (A) in paragraph (3), by striking ``an industry, which may include work-based learning experiences;'' and inserting ``a range of industries identified through effective and sustained business and community partnerships, including work-based learning experiences;''; (B) in paragraph (5)-- (i) by inserting ``induction programs (as the term is defined in section 200 of the Higher Education Act of 1965 (20 U.S.C. 1021)), as well as preparation and'' after ``provide''; and (ii) in subparagraph (A)-- (I) in clause (iii) by striking ``; and'' and inserting a semicolon; and (II) by adding at the end the following: ``(v) teaching high-quality dual and concurrent enrollment career and technical education programs that are designed to expand opportunities for students to earn postsecondary credit and relevant certifications; ``(vi) encouraging best practices among communities of practitioners, including using blended learning programs (as such term is defined in section 4102 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7112)); and ``(vii) strategies for improving the critical thinking, communications, collaboration, and creativity skills of students participating in career and technical education programs;''; (C) in paragraph (7), by inserting ``, such as developing and using open educational resources and creating physical environments that support student engagement'' after ``relevant technology''; (D) in paragraph (8) by striking ``and'' at the end; (E) in paragraph (9) by striking the period and inserting a semicolon; and (F) by adding at the end the following new paragraphs: ``(10) train career guidance and academic counselors to effectively use labor market information in assisting students with postsecondary education and career planning; ``(11) support public private partnerships designed to provide students with the credentials and skills required to secure employment in relevant fields; and ``(12) if determined appropriate by the local educational agency, support programs that coordinate and integrate-- ``(A) academic and career and technical education content through coordinated instructional strategies, which may include experiential learning opportunities and promoting skills necessary for in-demand occupations or industries in the State in which such local educational agency is located; and ``(B) work-based learning opportunities that provide students with in-depth interaction with industry professionals and, if appropriate, academic credit.''; and (2) in subsection (c)-- (A) in paragraph (19)(D) by striking ``and''; (B) in paragraph (20) by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(21) to conduct a comprehensive needs assessment to identify the strategies, tools, and resources required for promoting greater engagement and coordination with business and industry, including exploring the unique technology, transportation, and other special needs of rural and low-income communities.''. SEC. 3. PROMOTING CRITICAL THINKING, COLLABORATION, COMMUNICATION, AND CREATIVITY. The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended-- (1) in section 3(5)(B) (20 U.S.C. 2302(5)(B))-- (A) by inserting ``, creativity, communication,'' after ``reasoning''; and (B) by inserting ``collaboration skills,'' after ``employability skills,''; (2) in section 113(b)(2)(C) (20 U.S.C. 2323(b)(2)(C)), by inserting ``and acquisition of critical thinking, collaboration, communication, and creativity skills'' after ``self-sufficiency''; and (3) in section 122(c)(7) (20 U.S.C. 2342(c)(7))-- (A) in subparagraph (B) by striking ``and'' at the end; (B) in subparagraph (C) by inserting ``and'' after the semicolon; and (C) by adding at the end the following new subparagraph: ``(D) improve the critical thinking, communications, collaboration, and creativity skills of students participating in career and technical education programs, including by-- ``(i) integrating such skills into coursework through project-based learning; ``(ii) building the capacity of educators to teach such skills; and ``(iii) providing ongoing support to help students achieve such skills;''.

Critical Thinking, Collaboration, Communication, and Creativity for Careers Act or the Four C's for Careers Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to revise requirements for the local use of funds received by eligible recipients under the Act to support their career and technical education programs. The bill requires such funds to be used by eligible recipients to support career and technical education programs that: train career guidance and academic counselors to use labor market information in assisting students with postsecondary education and career planning; and support public-private partnerships designed to provide students with the credentials and skills required to secure employment in relevant fields; and if determined appropriate by the local educational agency, support programs that coordinate and integrate academic and career and technical education content and specified work-based learning opportunities. Funds may be used to assess resources required for promoting greater engagement and coordination with business and industry. An eligible agency, with input from eligible recipients, may identify in its state plan, the acquisition of critical thinking, collaboration, communication, and creativity skills as additional indicators of performance for the career and technical education activities authorized under the Act. State plans shall describe how eligible agencies will improve the critical thinking, communications, collaboration, and creativity skills of the students participating in their career and technical education programs.

Four C's for Careers Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wrongful Convictions Tax Relief Act of 2007''. SEC. 2. EXCLUSION FOR WRONGFULLY INCARCERATED INDIVIDUALS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139A the following new section: ``SEC. 139B. CERTAIN AMOUNTS RECEIVED BY WRONGFULLY INCARCERATED INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income shall not include-- ``(1) in the case of any wrongfully incarcerated individual, any civil damages, restitution, or other monetary award (including compensatory or statutory damages and restitution imposed in a criminal matter) relating to the incarceration of such individual for the covered offense for which such individual was convicted, and ``(2) in the case of a qualified wrongfully incarcerated individual, the first $50,000 ($75,000 in the case of a joint return) of income received by such individual in any taxable year beginning after December 31, 2007. ``(b) Limitation Relating to Income Exclusion.-- ``(1) In general.--The exclusion under subsection (a)(2) shall not apply to any qualified wrongfully incarcerated individual in any taxable year if an exclusion has been allowed for such individual under this section for the number of preceding taxable years equal to the lesser of-- ``(A) 15 years, or ``(B) the number of years during which the qualified wrongfully incarcerated individual served a sentence of imprisonment for the covered offense for which such individual was convicted. ``(2) Rounding.--For purposes of paragraph (1)(B), if the number of years for which a qualified wrongfully incarcerated individual served a sentence of imprisonment is not a multiple of 1, the number of years shall be rounded to the next lowest multiple of 1. ``(c) Wrongfully Incarcerated Individual.--For purposes of this section-- ``(1) In general.--The term `wrongfully incarcerated individual' means an individual-- ``(A) who was convicted of a covered offense, ``(B) who served all or part of a sentence of imprisonment relating to that covered offense, and ``(C)(i) who was pardoned, granted clemency, or granted amnesty for that covered offense because that individual was innocent of that covered offense, or ``(ii)(I) for whom the judgment of conviction for that covered offense was reversed or vacated, and ``(II) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who was found not guilty at a new trial after the judgment of conviction for that covered offense was reversed or vacated. ``(2) Covered offense.--The term `covered offense' means any criminal offense under Federal or State law, and includes any criminal offense arising from the same course of conduct as that criminal offense. ``(d) Qualified Wrongfully Incarcerated Individual.--For purposes of this section, the term `qualified wrongfully incarcerated individual' means a wrongfully incarcerated individual who, except for the covered offense described in subsection (c)(1)(A), has never been convicted of a criminal offense under Federal or State law that is punishable by more than 1 year imprisonment.''. (b) Conforming Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Certain amounts received by wrongfully incarcerated individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning before, on, or after the date of the enactment of this Act. SEC. 3. REFUNDABLE CREDIT FOR EMPLOYMENT TAXES PAID BY WRONGFULLY INCARCERATED INDIVIDUALS. (a) Allowance of Refundable Credit.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 36 as section 37 and by inserting after section 35 the following new section: ``SEC. 36. EMPLOYMENT TAXES OF WRONGFULLY INCARCERATED INDIVIDUALS. ``(a) In General.--In the case of a qualified wrongfully incarcerated individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the sum of-- ``(1) 50 percent of the taxes imposed on the self- employment income of such individual under subsections (a) and (b) of section 1401 during the taxable year, plus ``(2) the taxes imposed on the wages received by such individual with respect to employment under subsections (a) and (b) of section 3101 during the taxable year. ``(b) Limitations.-- ``(1) Dollar limitation.--The total amount of wages and self-employment income taken into account under subsection (a) with respect to any individual shall not exceed $50,000. ``(2) Taxable year limitation.-- ``(A) In general.--The credit under subsection (a) shall not be allowed with respect to any qualified wrongfully incarcerated individual in any taxable year if a credit has been allowed to such individual under this section for the number of preceding taxable years equal to the lesser of-- ``(i) 15 years, or ``(ii) the number of years during which the qualified wrongfully incarcerated individual served a sentence of imprisonment for the covered offense for which such individual was convicted. ``(B) Rounding.--For purposes of subparagraph (A)(ii), if the number of years for which a qualified wrongfully incarcerated individual served a sentence of imprisonment is not a multiple of 1, the number of years shall be rounded to the next lowest multiple of 1. ``(c) Qualified Wrongfully Incarcerated Individual.--For purposes of this section, the term `qualified wrongfully incarcerated individual' has the meaning given to such term under section 139B(d).''. (b) Conforming Amendments.-- (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end ``, or enacted by the Wrongful Convictions Tax Relief Act of 2007''. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 36 and inserting the following: ``Sec. 36. Employment taxes of wrongfully incarcerated individuals. ``Sec. 37. Overpayments of tax.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. REPORTING WITH RESPECT TO WRONGFULLY INCARCERATED INDIVIDUALS. (a) Federal Courts.-- (1) In general.--The Director of the Administrative Office of United States Courts shall report annually to the Secretary of the Treasury such information with respect to individuals described in paragraph (2) as the Secretary of the Treasury, in consultation with the Administrator, determines is necessary for the administration of sections 36 and 139B of the Internal Revenue Code of 1986. (2) Individuals described.--An individual is described in this paragraph if such individual is a wrongfully incarcerated individual (as defined under section 139B of the Internal Revenue Code of 1986)-- (A) for whom the judgment of conviction for that covered offense was reversed or vacated; and (B) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who was found not guilty at a new trial after the judgment of conviction for that covered offense was reversed or vacated. (b) Agreements With States.--The Secretary of the Treasury shall enter into agreements with States under which a State will report to the Secretary not less frequently than annually such information with respect to wrongfully incarcerated individuals (as defined under section 139B of the Internal Revenue Code of 1986) as the Secretary determines is necessary for the administration of sections 36 and 139B of the Internal Revenue Code of 1986.

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

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

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Deceased Beneficiary Act of 2003''. SEC. 2. CONTINUATION OF BENEFITS THROUGH MONTH OF BENEFICIARY'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J). (2) Conforming amendments.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendments.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)'', respectively. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which she remarries or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which he remarries''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which such parent marries, or such parent''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (D) and inserting the following: ``ending with the month in which he dies or (if earlier) with the month preceding the earlier of'' and by striking the comma after ``216(l))''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Payment of Last Monthly Payment.-- (1) Old-age and survivors insurance benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Payment for Month of Beneficiary's Death ``(z) Payment of an individual's monthly insurance benefit under this section for the month in which the individual dies shall be made as provided in section 204(d).''. (2) Disability insurance benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Payment for Month of Beneficiary's Death ``(k) Payment of an individual's monthly benefit under this section for the month in which the individual dies shall be made as provided in section 204(d).''. (3) Benefits at age 72 for certain uninsured individuals.-- Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Payment for Month of Beneficiary's Death ``(i) Payment of an individual's monthly benefit under this section for the month in which the individual dies shall be made as provided in section 204(d).''. SEC. 3. DISREGARD OF BENEFIT FOR MONTH OF DEATH UNDER FAMILY MAXIMUM PROVISIONS. Section 203(a) of the Social Security Act (42 U.S.C. 403(a)) is amended by adding at the end the following new paragraph: ``(11) Notwithstanding any other provision of this Act, in applying the preceding provisions of this subsection (and determining maximum family benefits under column V of the table in or deemed to be in section 215(a) as in effect in December 1978) with respect to the month in which the insured individual's death occurs, the benefit payable to such individual for that month shall be disregarded.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after the month in which this Act is enacted.

Social Security Deceased Beneficiary Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to continue an individual's entitlement to benefits through the month of his or her death, without affecting any other person's entitlement to benefits for that month. Provides for disregard of such benefits for the individual for the month of death under provisions for determining maximum family benefits.

To amend title II of the Social Security Act to provide that an individual's entitlement to any benefit thereunder shall continue through the month of his or her death (without affecting any other person's entitlement to benefits for that month).

SECTION 1. SHORT TITLE. This Act may be cited as the ``After School Education and Anti- Crime Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to improve academic and social outcomes for students and reduce both juvenile crime and the risk that youth will become victims of crime by providing productive activities during after school hours. SEC. 3. FINDINGS. Congress makes the following findings: (1) Today's youth face far greater social risks than did their parents and grandparents. (2) Students spend more of their waking hours alone, without supervision, companionship, or activity, than the students spend in school. (3) Law enforcement statistics show that youth who are ages 12 through 17 are most at risk of committing violent acts and being victims of violent acts between 3 p.m. and 6 p.m. (4) The consequences of academic failure are more dire in 2001 than ever before. (5) After school programs have been shown in many States to help address social problems facing our Nation's youth, such as drugs, alcohol, tobacco, and gang involvement. (6) Many of our Nation's governors endorse increasing the number of after school programs through a Federal/State partnership. (7) Over 450 of the Nation's leading police chiefs, sheriffs, and prosecutors, along with presidents of the Fraternal Order of Police and the International Union of Police Associations, which together represent 360,000 police officers, have called upon public officials to provide after school programs that offer recreation, academic support, and community service experience, for school-age children and teens in the United States. (8) One of the most important investments that we can make in our children is to ensure that they have safe and positive learning environments in the after school hours. SEC. 4. GOALS. The goals of this Act are as follows: (1) To increase the academic success of students. (2) To promote safe and productive environments for students in the after school hours. (3) To provide alternatives to drug, alcohol, tobacco, and gang activity. (4) To reduce juvenile crime and the risk that youth will become victims of crime during after school hours. SEC. 5. PROGRAM AUTHORIZATION. Section 10903 of the 21st Century Community Learning Centers Act (20 U.S.C. 8243) is amended-- (1) in subsection (c), by striking ``3'' and inserting ``5''. SEC. 6. APPLICATIONS. Section 10904 of the Century Community Learning Centers Act (20 U.S.C. 8244) is amended-- (1) in subparagraph (a)(3)(C), by inserting ``students, parents, teachers, school administrators, local government, including law enforcement organizations such as Police Athletic and Activity Leagues,'' after ``agencies,''; (2) by adding at the end of subsection (a)(3)(E) the following: ``(4) information demonstrating that the recipient will-- ``(A) provide not less than 35 percent of the annual cost of the activities assisted under the project from sources other than funds provided under this part, which contribution may be provided in cash or in kind, fairly evaluated; and ``(B) provide not more than 25 percent of the annual cost of the activities assisted under the project from funds provided by the Secretary under other Federal programs that permit the use of those other funds for activities assisted under the project; and ``(5) an assurance that the recipient, in each year of the project, will maintain the recipient's fiscal effort, from non- Federal sources, from the preceding fiscal year for the activities the recipient provides with funds provided under this part.''. SEC. 7. USES OF FUNDS. Section 10905 of the 21st Century Community Learning Centers Act (20 U.S.C. 8245) is amended-- (1) by striking the matter preceding paragraph (1) and inserting: ``(a) In General.--Grants awarded under this part may be used to establish or expand community learning centers. The centers may provide 1 or more of the following activities:''; (2) in subsection (a)(11) (as redesignated by paragraph (1)), by inserting ``, and job skills preparation'' after ``placement''; and (3) by adding at the end the following: ``(14) After school programs, that-- ``(A) shall include at least 2 of the following-- ``(i) mentoring programs; ``(ii) academic assistance; ``(iii) recreational activities; or ``(iv) technology training; and ``(B) may include-- ``(i) drug, alcohol, and gang prevention activities; ``(ii) health and nutrition counseling; and ``(iii) job skills preparation activities. ``(b) Limitation.--Not less than \2/3\ of the amount appropriated under section 10907 for each fiscal year shall be used for after school programs, as described in paragraph (14). Such programs may also include activities described in paragraphs (1) through (13) that offer expanded opportunities for children or youth.''. SEC. 8. ADMINISTRATION. Section 10905 of the 21st Century Community Learning Centers Act (20 U.S.C. 8245) is amended by adding at the end the following: ``(c) Administration.--In carrying out the activities described in subsection (a), a local educational agency, school or consortium shall, to the greatest extent practicable-- ``(1) request volunteers from business and academic communities, and law enforcement organizations, such as Police Athletic and Activity Leagues, to serve as mentors or to assist in other ways; ``(2) ensure that youth in the local community participate in designing the after school activities; ``(3) develop creative methods of conducting outreach to youth in the community; ``(4) request donations of computer equipment and other materials and equipment; and ``(5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to the date of enactment of this subsection are not duplicated by activities assisted under this part.''. SEC. 9. COMMUNITY LEARNING CENTER DEFINED. Section 10906 of the 21st Century Community Learning Centers Act (20 U.S.C. 8246) is amended in paragraph (2) by inserting ``, including law enforcement organizations such as the Police Athletic and Activity League'' after ``governmental agencies''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 10907 of the 21st Century Community Learning Centers Act (20 U.S.C. 8247) is amended by striking ``$20,000,000 for fiscal year 1995'' and all that follows and inserting ``$1,000,000,000 for fiscal year 2002, $1,200,000,000 for fiscal year 2003, $1,300,000,000 for fiscal year 2004, $1,400,000,000 for fiscal year 2005, and $1,500,000,000 for fiscal year 2006, to carry out this part.''. SEC. 11. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on October 1, 2001.

After School Education and Anti-Crime Act of 2001 - Amends the 21st Century Community Learning Centers Act to extend the maximum grant duration to five years.Revises grant application provisions to require: (1) information demonstrating that the grant recipient will provide a certain minimum portion of annual cost of assisted activities from sources other than such grants, with a certain maximum portion of such costs allowed to be from funds provided by the Secretary of Education under other Federal programs; and (2) assurance of maintenance of the recipient's fiscal effort from non-Federal sources.Allows the use of grant funds to establish or expand community learning centers. Allows such centers to provide one or more of specified listed activities, including after-school programs that include at least two of the following: mentoring programs, academic assistance, recreational activities, or technology training. Authorizes centers to include drug, alcohol, and gang prevention activities, health and nutrition counseling, and job skills preparation activities. Requires at least two-thirds of appropriated funds under such Act to be used for after-school programs.Directs local educational agencies (LEAs), schools, or consortia, in carrying out center activities, to: (1) request volunteers from business and academic communities, and law enforcement organizations, to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after-school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to this Act's enactment are not duplicated.Includes in the meaning of community learning center LEA operation of such a center in a school in conjunction with law enforcement organizations such as the Police Athletic and Activity League.

A bill to improve academic and social outcomes for students and reduce both juvenile crime and the risk that youth will become victims of crime by providing productive activities during after school hours.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Accountability, Integrity, and Responsibility in SCHIP Act of 2006'' or the ``FAIR-SCHIP Act of 2006''. SEC. 2. FUNDING OF THE SCHIP ALLOTMENT SHORTFALLS FOR FISCAL YEAR 2007. (a) In General.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is amended by adding at the end the following new subsection: ``(h) Special Rules To Address Fiscal Year 2007 Shortfalls.-- ``(1) Initial down payment on shortfall for fiscal year 2007.--The provisions of subsection (d) shall apply with respect to fiscal year 2007 in the same manner as they apply to fiscal year 2006, except that, for purposes of this paragraph-- ``(A) any reference to `fiscal year 2006', `December 16, 2005', `2005', `2004', `September 30, 2006' and `October 1, 2006' shall be deemed a reference to `fiscal year 2007', `December 16, 2006', `2006', `2005', `September 30, 2007' and `October 1, 2007' respectively; ``(B) there shall be substituted for the dollar amount specified in subsection (d)(1), and shall be treated as the amount appropriated under such subsection, $450,000,000; ``(C) paragraphs (3)(B) and (4) of subsection (d) shall not apply (and paragraph (4) of this subsection shall apply in lieu of paragraph (4) of such subsection); ``(D) if the dollar amount specified in subparagraph (B) is not at least equal to the total of the shortfalls described in subsection (d)(2) (as applied under this paragraph), the amounts under subsection (d)(3) (as applied under this paragraph) shall be ratably reduced. ``(2) Funding remainder of shortfall for fiscal year 2007 through redistribution of certain unused fiscal year 2005 allotments.-- ``(A) In general.--Subject to subparagraph (C), the Secretary shall provide for a redistribution under subsection (f) from amounts made available for redistribution under paragraph (3), to each shortfall State described in subparagraph (B) that is one of the 50 States or District of Columbia, such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for the State. ``(B) Shortfall state described.--For purposes of this paragraph, a shortfall State described in this subparagraph is a State with a State child health plan approved under this title for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of March 31, 2007, that the projected expenditures under such plan for such State for fiscal year 2007 will exceed the sum of-- ``(i) the amount of the State's allotments for each of fiscal years 2005 and 2006 that will not be expended by the end of fiscal year 2006; ``(ii) the amount, if any, that is to be redistributed to the State during fiscal year 2007 in accordance with subsection (f) (other than under this paragraph); ``(iii) the amount of the State's allotment for fiscal year 2007; and ``(iv) the amount of any additional allotment to the State under paragraph (1). ``(C) Proration rule.--If the amounts available for redistribution under paragraph (3) are less than the total amounts computed under subparagraph (A), the amount computed under subparagraph (A) for each shortfall State shall be reduced proportionally. ``(3) Treatment of certain states with fiscal year 2005 allotments unexpended at the end of the first half of fiscal year 2007.-- ``(A) Identification of states.--The Secretary-- ``(i) shall identify those States that received an allotment for fiscal year 2005 under subsection (b) which have not expended all of such allotment by March 31, 2007; and ``(ii) for each such State shall determine-- ``(I) the portion of such allotment that was not so expended by such date; and ``(II) whether the State is a described in subparagraph (B). ``(B) States with funds in excess of 200 percent of need.--A State described in this subparagraph is a State for which the Secretary determines, as of March 31, 2007, the total of all available allotments under this title as of such date, is at least equal to 200 percent of the total projected expenditures under this title for the State for fiscal year 2007. ``(C) Redistribution and limitation on availability.-- ``(i) Application to portion of unused allotments for certain states.--In the case of a State identified under subparagraph (A)(i) that is also described in subparagraph (B), notwithstanding subsection (e), the percentage specified by the Secretary in clause (ii) of the amount described in subparagraph (A)(ii)(I) shall not be available for expenditure on or after April 1, 2007. ``(ii) Percentage specified.--The Secretary shall specify a percentage which-- ``(I) does not exceed 75 percent; and ``(II) when applied under clause (i) results in the total of the amounts under such clause equaling the total of the amounts under paragraph (2)(A). ``(4) Use of additional allotment.--Additional allotments provided under this subsection are only available for amounts expended under a State plan approved under this title for child health assistance for targeted low-income children or child health assistance or other health benefits coverage for pregnant women. ``(5) Retrospective adjustment.--The Secretary may adjust the determinations made under paragraphs (2) and (3) as necessary on the basis of the amounts reported by States not later than November 30, 2007, on CMS Form 64 or CMS Form 21, as the case may be and as approved by the Secretary, but in no case may the percentage specified in paragraph (3)(C)(ii) exceed 75 percent. ``(6) 1-year availability; no redistribution of unexpended additional allotments.-- ``(A) In general.--Notwithstanding subsections (e) and (f), amounts allotted or redistributed to a State pursuant to this subsection for fiscal year 2007 shall only remain available for expenditure by the State through September 30, 2007, and any amounts of such allotments or redistributions that remain unexpended as of such date, shall not be subject to redistribution under subsection (f). Nothing in the preceding sentence shall be construed as limiting the ability of the Secretary to adjust the determinations made under paragraphs (2) and (3) in accordance with paragraph (5). ``(B) Reversion upon termination of retrospective adjustment period.--Any amounts of such allotments or redistributions that remain unexpended as of September 30, 2007, shall revert to the Treasury on December 31, 2007.''. (b) Extending Authority for Qualifying States To Use Certain Funds for Medicaid Expenditures.--Section 2105(g)(1)(A) of such Act (42 U.S.C. 1397ee(g)(1)(A)) is amended by striking ``or 2005'' and inserting ``2005, 2006, or 2007''.

Fiscal Accountability, Integrity, and Responsibility in SCHIP Act of 2006, or FAIR-SCHIP Act of 2006 - Amends title XXI (State Children's Health Insurance) (SCHIP) to set forth special rules to fund the FY2007 SCHIP allotment shortfalls, including through a redistribution of certain unused FY2005 allotments. Extends authority for qualifying states to use certain funds for Medicaid (SSA title XIX) expenditures.

A bill to amend title XXI of the Social Security Act to reduce funding shortfalls for the State Children's Health Insurance Program (SCHIP) for fiscal year 2007.

SECTION 1. SHORT TITLE AND DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Colorado Wilderness Act of 2001''. (b) Definitions.--As used in this Act, the term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. SEC. 2. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM. (a) Additions.--The following lands in the State of Colorado administered by the Bureau of Land Management or the United States Forest Service are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) Certain lands in the Glenwood Springs Resource Area which comprise approximately 40,424 acres, as generally depicted on a map entitled ``Roan Plateau Wilderness Proposal'' dated February 1, 2001, which shall be known as the Roan Plateau Wilderness. (2) The following areas in the Glenwood Springs Resource Area and the White River National Forest: (A) Certain lands which comprise approximately 22,170 acres, as generally depicted on a map entitled ``Deep Creek Wilderness Proposal'', dated February 1, 2001, which shall be known as the Deep Creek Wilderness. (B) Certain lands which comprise approximately 13,272 acres, as generally depicted on a map entitled ``Flat Tops Addition Wilderness Proposal'', dated February 1, 2001, and which are hereby incorporated in and shall be deemed to be a part of the Flat Tops Wilderness designated by Public Law 94-146. (3) The following lands in the Grand Junction Resource Area: (A) Certain lands which comprise approximately 21,060 acres, as generally depicted on a map entitled ``Bangs Canyon Wilderness Proposal'', dated February 1, 2001, which shall be known as the Bangs Canyon Wilderness. (B) Certain lands which comprise approximately 25,805 acres, as generally depicted on a map entitled ``Demaree Canyon Wilderness Proposal'', dated February 1, 2001, which shall be known as the Demaree Canyon Wilderness. (C) Certain lands which comprise approximately 4,249 acres, as generally depicted on a map entitled ``Granite Creek Wilderness Proposal'', dated February 1, 2001, which shall be known as the Granite Creek Wilderness. (D) Certain lands in the Grand Junction Resource Area which comprise approximately 14,563 acres, as generally depicted on a map entitled ``Hunter Canyon Wilderness Proposal'', dated February 1, 2001, which shall be known as the Hunter Canyon Wilderness. (E) Certain lands which comprise approximately 29,205 acres, as generally depicted on a map entitled ``Little Bookcliffs Wilderness Proposal'', dated February 1, 2001, which shall be known as the Little Bookcliffs Wilderness. (F) Certain lands which comprise approximately 26,836 acres, as generally depicted on a map entitled ``The Palisade Wilderness Proposal'', dated February 1, 2001, which shall be known as The Palisade Wilderness. (G) Certain lands which comprise approximately 27,508 acres, as generally depicted on a map entitled ``South Shale Ridge Wilderness Proposal'', dated February 1, 2001, which shall be known as the South Shale Ridge Wilderness. (4) Certain lands in the Grand Junction and Uncompahgre Resource Areas and the Uncompahgre National Forest which comprise approximately 84,452 acres, as generally depicted on a map entitled ``Dominguez Canyons Wilderness Proposal'', dated February 1, 2001, which shall be known as the Dominguez Canyons Wilderness. (5) Certain lands in the Grand Junction Resource Area and the Uncompahgre National Forest which comprise approximately 39,039 acres, as generally depicted on a map entitled ``Unaweep Wilderness Proposal'', dated February 1, 2001, which shall be known as the Unaweep Wilderness. (6) Certain lands in the Grand Junction Resource Area, the San Juan Resource Area, and the Manti-LaSal National Forest which comprise approximately 30,084 acres, as generally depicted on a map entitled ``Sewemup Mesa Wilderness Proposal'', dated February 1, 2001, which shall be known as the Sewemup Mesa Wilderness. (7) Certain in the Gunnison Resource Area which comprise approximately 38,560 acres, as generally depicted on a map entitled ``Redcloud Peak Wilderness Proposal'', dated February 1, 2001, which shall be known as the Redcloud Peak Wilderness. (8) Certain lands in the Gunnison Resource Area and the Gunnison National Forest and Rio Grande National Forest which comprise approximately 72,332 acres, as generally depicted on a map entitled ``Handies Peak Wilderness Proposal'', dated February 1, 2001, which shall be known as the Handies Peak Wilderness. (9) Certain lands in the Kremmling Resource Area which comprise approximately 33 acres, as generally depicted on a map entitled ``Platte River Addition Wilderness Proposal'', dated February 1, 2001, and which are hereby incorporated in and shall be deemed to be part of the Platte River Addition Wilderness designated by Public Law 98-550. (10) Certain lands in the Kremmling Resource Area, the Arapaho National Forest, and the Routt National Forest which comprise approximately 119,615 acres, as generally depicted on a map entitled ``Troublesome Wilderness Proposal'', dated February 1, 2001, which shall be known as the Troublesome Wilderness. (11) Certain lands in the Royal Gorge Resource Area and the Pike National Forest which comprise approximately 24,422 acres, as generally depicted on a map entitled ``Browns Canyon Wilderness Proposal'', dated February 1, 2001, which shall be known as the Browns Canyon Wilderness. (12) Certain lands in the Uncompahgre Resource Area and the Grand Mesa National Forest which comprise approximately 10,723 acres as generally depicted on a map entitled ``Adobe Badlands Wilderness Area Proposal'', dated February 1, 2001, which shall be known as the Adobe Badlands Wilderness. (13) Certain lands in the Uncompahgre Resource Area and the Uncompahgre National Forest which comprise approximately 14,476 acres, as generally depicted on a map entitled ``Roubideau Addition Wilderness Proposal'', dated February 1, 2001, which shall be known as the Roubideau Wilderness. (14) Certain lands in the San Juan Resource Area which comprise approximately 41,022 acres, as generally depicted on a map entitled ``Dolores River Canyon Wilderness Proposal'', dated February 1, 2001, which shall be known as the Dolores River Canyon Wilderness. (b) Maps and Descriptions.--As soon as practicable after the date of enactment of this Act, the appropriate Secretary shall file a map and a boundary description of each area designated as wilderness by this Act with the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Each map and description shall have the same force and effect as if included in this Act, except that the appropriate Secretary is authorized to correct clerical and typographical errors in such boundary descriptions and maps. Such maps and boundary descriptions shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior, and in the Office of the Chief of the Forest Service, Department of Agriculture, as appropriate. (c) State and Private Lands.--Lands within the exterior boundaries of any wilderness area designated under this section that are owned by the State or by a private entity shall be included within such wilderness area if such lands are acquired by the United States. Such lands may be acquired by the United States only as provided in the Wilderness Act (16 U.S.C. 1131 and following). SEC. 3. ADMINISTRATIVE PROVISIONS. (a) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture or the Secretary of the Interior, as appropriate, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) Grazing.--Grazing of livestock in wilderness areas designated by this Act shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96-560, and, the guidelines set forth in Appendix A of House Report 101-405 of the 101st Congress. (c) State Jurisdiction.--As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Colorado with respect to wildlife and fish in Colorado. (d) Water.--(1) With respect to each wilderness area designated by this Act, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this Act. The priority date of such reserved rights shall be the date of enactment of this Act. (2) The appropriate Secretary and all other officers of the United States shall take steps necessary to protect the rights reserved by paragraph (1), including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudication in the courts of the State of Colorado in which the United States is or may be joined and which is conducted in accordance with the McCarran Amendment (43 U.S.C. 666). (3) Nothing in this Act shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of Colorado on or before the date of enactment of this Act. (4) The Federal water rights reserved by this Act are specific to the wilderness areas located in the State of Colorado designated by this title. Nothing in this title related to reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made pursuant thereto.

Colorado Wilderness Act of 2001 - Designates additional specified lands in the State of Colorado as wilderness and as components of the National Wilderness Preservation System. Provides for the reservation and protection of U.S. water rights for such areas.

To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Freedom and Family Empowerment Act''. SEC. 2. ONLINE FAMILY EMPOWERMENT. Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section: ``SEC. 230. PROTECTION FOR PRIVATE BLOCKING AND SCREENING OF OFFENSIVE MATERIAL; FCC CONTENT AND ECONOMIC REGULATION OF COMPUTER SERVICES PROHIBITED. ``(a) Findings.--The Congress finds the following: ``(1) The rapidly developing array of Internet and other interactive computer services available to individual Americans represent an extraordinary advance in the availability of educational and informational resources to our citizens. ``(2) These services offer users a great degree of control over the information that they receive, as well as the potential for even greater control in the future as technology develops. ``(3) The Internet and other interactive computer services offer a forum for a true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity. ``(4) The Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation. ``(5) Increasingly Americans are relying on interactive media for a variety of political, educational, cultural, and entertainment services. ``(b) Policy.--It is the policy of the United States to-- ``(1) promote the continued development of the Internet and other interactive computer services and other interactive media; ``(2) preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by State or Federal regulation; ``(3) encourage the development of technologies which maximize user control over the information received by individuals, families, and schools who use the Internet and other interactive computer services; ``(4) remove disincentives for the development and utilization of blocking and filtering technologies that empower parents to restrict their children's access to objectionable or inappropriate online material; and ``(5) ensure vigorous enforcement of criminal laws to deter and punish trafficking in obscenity, stalking, and harassment by means of computer. ``(c) Protection for `Good Samaritan' Blocking and Screening of Offensive Material.--No provider or user of interactive computer services shall be treated as the publisher or speaker of any information provided by an information content provider. No provider or user of interactive computer services shall be held liable on account of-- ``(1) any action voluntarily taken in good faith to restrict access to material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or ``(2) any action taken to make available to information content providers or others the technical means to restrict access to material described in paragraph (1). ``(d) FCC Regulation of the Internet and Other Interactive Computer Services Prohibited.--Nothing in this Act shall be construed to grant any jurisdiction or authority to the Commission with respect to economic or content regulation of the Internet or other interactive computer services. ``(e) Effect on Other Laws.-- ``(1) No effect on criminal law.--Nothing in this section shall be construed to impair the enforcement of section 223 of this Act, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, United States Code, or any other Federal criminal statute. ``(2) No effect on intellectual property law.--Nothing in this section shall be construed to limit or expand any law pertaining to intellectual property. ``(3) In general.--Nothing in this section shall be construed to prevent any State from enforcing any State law that is consistent with this section. ``(f) Definitions.--As used in this section: ``(1) Internet.--The term `Internet' means the international computer network of both Federal and non-Federal interoperable packet switched data networks. ``(2) Interactive computer service.--The term `interactive computer service' means any information service that provides computer access to multiple users via modem to a remote computer server, including specifically a service that provides access to the Internet. ``(3) Information content provider.--The term `information content provider' means any person or entity that is responsible, in whole or in part, for the creation or development of information provided by the Internet or any other interactive computer service, including any person or entity that creates or develops blocking or screening software or other techniques to permit user control over offensive material. ``(4) Information service.--The term `information service' means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.''.

Internet Freedom and Family Empowerment Act - Amends the Communications Act of 1934 to establish Government policy promoting continued development of the Internet and other interactive computer services and media and preserving the competitive free market existing for them. Addresses concerns over objectionable materials on such services, sexual (including child sexual exploitation) and otherwise. Shields the service provider and user from: (1) treatment as publisher or speaker of any information provided by an information content provider; and (2) liability for good faith actions taken to restrict access to such materials. Declares that nothing in this Act shall be construed to authorize Federal Communications Commission regulation of the content of such services.

Internet Freedom and Family Empowerment Act

SECTION 1. MODIFICATION OF SCHEME FOR PAYMENT OF DEATH GRATUITY PAYABLE WITH RESPECT TO MEMBERS OF THE ARMED FORCES. (a) Findings.--Congress makes the following findings: (1) The death gratuity authorized under sections 1475 to 1480 of title 10, United States Code, was intended, when originally enacted to provide an immediate cash payment to assist survivors of deceased members of the Armed Forces to meet their financial needs during the period immediately following a member's death and before other survivor benefits become available. (2) The death gratuity, when first implemented in 1908, amounted to six months of a service member's pay and, until 1991, could not exceed $3,000. (3) However, following the attacks of September 11, 2001, and the initiation of Operation Enduring Freedom and Operation Iraqi Freedom, Congress determined that the death benefits available to survivors of members of the Armed Forces should be substantially increased. (4) The National Defense Authorization Act for Fiscal Year 2006, which was enacted on January 6, 2006, as Public Law 109- 163, increased the amount of the death gratuity to $100,000, effective retroactively to October 7, 2001. (5) Under section 1477 of title 10, United States Code, the law authorizing the death gratuity, those living relatives of deceased members of the Armed Forces who shall receive the death gratuity are specifically designated. Service members are not provided with the opportunity to make an election choosing a beneficiary other than those set forth in section 1477 of title 10, United States Code. (6) The increased death gratuity, in combination with benefits available under the Servicemembers' Group Life Insurance program, the Survivor Benefit Plan, and Dependency and Indemnity Compensation provide significant support and compensation to the next of kin of deceased members of the Armed Forces. Individual members are best qualified to determine who the beneficiaries for death benefits should be and should be afforded the opportunity to make these selections at appropriate times throughout military service and particularly prior to mobilization or deployment to a combat zone. (7) Under the current system, many members of the Armed Forces have designated individuals as beneficiaries for the death gratuity in a manner not provided for by law. In these cases, the wishes of these members regarding the disposition of the death gratuity has in many cases not been implemented, to the detriment of their children and other loved ones. (b) Sense of Congress.--It is the sense of Congress that all members of the Armed Forces should be given the opportunity to affirmatively select who shall receive the death gratuity and that the Secretary of Defense and the Secretaries of the military departments should take prompt action to afford members the opportunity to make an election in writing about the disposition of the death gratuity proceeds and to provide appropriate and timely counseling about the manner in which the proceeds of the death gratuity and other forms of insurance will be administered. (c) Modification.-- (1) In general.--Subsection (a) of section 1477 of title 10, United States Code, is amended by striking all that follows ``on the following list:'' and inserting the following: ``(1) To any individual designated by the person in writing. ``(2) If there is no person so designated, to the surviving spouse of the person. ``(3) If there is none of the above, to the children (as prescribed by subsection (b)) of the person and the descendants of any deceased children by representation. ``(4) If there is none of the above, to the parents (as prescribed by subsection (c)) of the person or the survivor of them. ``(5) If there is none of the above, to the duly appointed executor or administrator of the estate of the person. ``(6) If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person's death.''. (2) Conforming amendments.--Such section is further amended-- (A) in subsection (b), by striking ``Subsection (a)(2)'' in the matter preceding paragraph (1) and inserting ``Subsection (a)(3)''; (B) by striking (c) and inserting the following new subsection (c): ``(c) For purposes of subsection (a)(4), parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered a status described in section 1475 or 1476 of this title.''; and (C) by striking subsection (d). (3) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (4) Applicability.--Notwithstanding paragraph (3), the provisions of section 1477 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply to each member of the Armed Forces covered by such section until the earlier of the following-- (A) the date on which such member makes the designation contemplated by paragraph (1) of section 1477(a) of such title (as amended by paragraph (1) of this subsection); or (B) January 1, 2008. (d) Regulations.-- (1) In general.--Not later than April 1, 2007, the Secretary of Defense shall prescribe regulations to implement the amendments to section 1477 of title 10, United States Code, made by subsection (c). (2) Elements.--The regulations required by paragraph (1) shall include forms for the making of the designation contemplated by paragraph (1) of section 1477(a) of title 10, United States Code (as amended by subsection (c)), and instructions for members of the Armed Forces in the filling out of such forms.

Expresses the sense of Congress that all members of the Armed Forces should be permitted to select who shall receive the death gratuity (awarded for members who die while on active duty or inactive duty training), and that the Secretaries of Defense and the military departments should take appropriate action to afford members such opportunity, along with appropriate counseling. Revises the current statutory priority list of designated death gratuity beneficiaries to place first in such list any individual designated by the person (member) in writing.

A bill to amend title 10, United States Code, to repeal the statutory designation of beneficiaries of the $100,000 death gratuity under section 1477 of title 10, United States Code, and to permit members of the Armed Forces to designate in writing their beneficiaries of choice in the event of their death while serving on active duty.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi and Japanese War Crimes Disclosure Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1999, Congress adopted the Nazi War Crimes Disclosure Act (Public Law 105-246) requiring the executive branch to identify any still-classified records in its custody relating to Nazi war crimes, war criminals, persecution, and looted assets and to declassify and release these records to the American public. Under terms of that legislation, the President established the Nazi War Criminal Records Interagency Working Group to carry out the functions required in the legislation. (2) In its first year, the Interagency Working Group screened more than 600,000,000 pages of material relating to Nazi war crimes and has declassified 1,500,000 pages and opened them to the public at the National Archives. (3) While the Interagency Working Group has worked diligently to screen materials and declassify millions of pages of material, the limited resources in both staff and funding available to the Interagency Working Group threatens their ability to complete the functions required by the Nazi War Crimes Disclosure Act. (4) Already, significant new information about the Holocaust has been revealed in the more than 400,000 Office of Strategic Services records released by the Interagency Working Group at the National Archives on June 26, 2000. However, further revelations depend on adequate staff support and funding for the Interagency Working Group. (5) The remarkable progress that has been made by the Interagency Working Group has been achieved even though the Congress has not appropriated funds for the support of the Interagency Working Group or for the activities carried out by the various agencies which hold the records. Without the resources to review the materials being released, it will be years before we truly understand the significance of what is contained in the declassified materials. (6) The Nazi War Crimes Disclosure Act charged the Interagency Working Group with reviewing all records that pertain to World War II, under the direction of, or in association with the Nazi Government of Germany, any government occupied by the military of the Nazi Government, and any government that was an ally of the Nazi Government, which includes the Japanese Government's records. (7) After the end of World War II, the United States returned more than 18,000,000 pages of captured Japanese records to the Japanese Government at their request. (8) In order to complete the Congressional directives of the Nazi War Crimes Disclosure Act, the Interagency Working Group should review the materials that were returned to Japan. Therefore, the full cooperation of the Japanese Government to assist the Interagency Working Group in reviewing all of the World War II records is desired to insure that these historic records can be reviewed, released, or otherwise made available to the public in a timely and efficient manner. (9) The Interagency Working Group has been working diligently to expedite their charge under the Nazi War Crimes Disclosure Act, but the original authorization for three years will not allow for the completion of the momentous tasks outlined in the legislation, specifically in terms of completing the review of the records pertaining to the Japanese government. SEC. 3. EXTENSION AND MODIFICATION OF AUTHORITY OF NAZI WAR CRIMINAL RECORDS INTERAGENCY WORKING GROUP. (a) Extension of Authority.--Section 2(b)(1) of the Nazi War Crimes Disclosure Act (Pub. Law 105-246; 5 U.S.C. 552 note) is amended by striking ``3 years'' and inserting ``5 years''. (b) Records Included.--Section 3(a)(2)(A) of such Act is amended by striking ``beginning on March 23, 1933, and ending on May 8, 1945'' and inserting ``beginning on January 1, 1931, and ending on December 31, 1945''. (c) Modification of Name of Working Group.--Such Act is further amended by striking ``Nazi War Criminal Records Interagency Working Group'' in each place such term appears and inserting ``Nazi and Japanese War Criminal Records Interagency Working Group''. (d) Authorization of Appropriations.--Section 2(d) of such Act is amended to read as follows: ``(d) Authorization of Appropriations.--There are authorized to be appropriated for the Interagency Working Group to carry out this section, $5,000,000 for each of fiscal years 2001 and 2002.''. (e) Amendment to Title.--Section 1 of such Act is amended by striking ``Nazi War Crimes Disclosure Act'' and inserting ``Nazi and Japanese War Crimes of World War II Disclosure Act''. SEC. 4. SENSE OF CONGRESS REGARDING COOPERATION OF FOREIGN NATIONS. It is the sense of Congress that foreign nations, and in particular the nation of Japan, should make every effort possible to cooperate with the Nazi and Japanese War Criminal Records Interagency Working Group established by section 2 of the Nazi War Crimes Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) in carrying out the duties of the Group under such Act.

Changes the name Nazi War Criminal Records Interagency Working Group to Nazi and Japanese War Criminal Records Interagency Working Group. Authorizes appropriations. Expresses the sense of Congress that foreign nations, and in particular Japan, should make every effort possible to cooperate with the Nazi and Japanese War Criminal Records Interagency Working Group in carrying out its duties.

Nazi and Japanese War Crimes Disclosure Act

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Rural Case Management Act of 1999''. SEC. 2. ADDITIONAL PAYMENT AMOUNT TO RURAL PROVIDERS OF SERVICES WHO FURNISH CASE MANAGER SERVICES. (a) Authority To Provide Additional Payment for Rural Case Manager Services.--In the case of a provider of services or a physician that furnishes services to Medicare beneficiaries in a rural area, the Secretary of Health and Human Services may provide for an additional payment under the Medicare Program for rural case manager services furnished by such provider or physician to Medicare beneficiaries. (b) Requirement for Rural Case Management Plan.--No payment may be made under subsection (a) for rural case manager services furnished to a Medicare beneficiary unless such provider or physician establishes, and periodically reviews, a rural case management plan for furnishing items and services for the treatment of the illness or injury of the Medicare beneficiary. The Secretary shall establish such standards as the Secretary finds necessary for the effective and efficient development and oversight of rural case manager services and rural case management plans to ensure the health and safety of Medicare beneficiaries furnished services under such a plan. (c) Payment.-- (1) In general.--Payment may be made under this section for rural case manager services with respect to a Medicare beneficiary only-- (A) for the initial development of the rural case management plan for the individual, and (B) for the subsequent review and modification of such plan, as provided by the Secretary in regulations. (2) Payment under fee schedule.--Payment under this section for rural case manager services shall be made pursuant to the fee schedule established by the Secretary. (3) Establishment of fee schedule.-- (A) In general.--The Secretary shall establish a fee schedule for payment for rural case manager services. Such schedule may provide for rates that differ for such services that comprise the establishment of a rural case management plan and that comprise review and modification of such a plan. (B) Considerations.--In establishing such fee schedule, the Secretary shall consider appropriate regional and operational differences and adjustments to payment rates to account for inflation and other relevant factors. (C) Consultation.--In establishing the fee schedule for rural case manager services under this subsection, the Secretary shall consult with appropriate organizations representing individuals and entities who furnish referral services in rural areas for health care items and services furnished and share with such organizations relevant data in establishing such schedule. (d) Guidance on Initiation of Case Manager Services.--The Secretary of Health and Human Services shall provide guidance on the process or processes that may be used to develop rural case management plans on a timely basis. (e) Limitation on Referrals.--Section 1877 of the Social Security Act (42 U.S.C. 1395nn) shall apply to a referral by a rural case manager to a rural agency in the same manner as such section applies to a referral by a physician to an entity described in section 1877(a)(2) of such Act. (f) Definitions.--In this section: (1) The term ``rural case manager services'' means the development, coordination, and monitoring of a rural case management plan for an individual furnished items and services for the diagnosis and treatment of an illness or injury, and includes the periodic review of such a plan. (2) The term ``rural case management plan'' means a structured plan for the delivery of items and services that is developed by a rural case manager, after consultation with the physician and, if available, the family of the individual involved. (3) The term ``provider of service'' has the meaning given that term in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (4) The term ``physician'' has the meaning given that term in section 1861(r) of such Act (42 U.S.C. 1395x(r)). (5) The term ``rural area'' means an area designated as a rural area under section 1886(d)(2)(D) of such Act (42 U.S.C. 1395ww(d)(2)(D)). (6) The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of such Act, or enrolled under part B of such title, or both. (7) The term ``Medicare Program'' means the insurance program established under title XVIII of the Social Security Act. (g) Effective Date.--This section shall take effect on October 1, 2000, and apply with respect to rural services furnished on or after October 1, 2001.

Rural Case Management Act of 1999 - Authorizes the Secretary of Health and Human Services to provide for an additional payment under title XVIII (Medicare) of the Social Security Act to rural service providers or physicians who furnish rural case manager services to Medicare beneficiaries. Prohibits any payment for such case manager services furnished to a Medicare beneficiary unless the provider or physician establishes and periodically reviews a rural case management plan for the treatment of such beneficiary. Requires the Secretary to establish the necessary standards for effective and efficient development and oversight of rural case manager services and management plans to: (1) ensure the health and safety of Medicare beneficiaries furnished plan services; and (2) provide guidance on the process or processes that may be used to timely develop such plans. Provides that Medicare limitations on certain physician referrals shall apply to a referral by a rural case manager to a rural agency in the same manner as such limitations apply to a referral by a physician to an entity with which the physician has a financial relationship.

Rural Case Management Act of 1999

SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``Runaway and Homeless Youth Amendments of 1996''. (b) Except where otherwise specifically provided, references in this Act shall be considered to be made to the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), or to a section or other provision thereof. SEC. 2. SHORT TITLE OF ACT; FINDINGS. (a) Short Title.--Section 301 (42 U.S.C. 5701 note) is amended by striking ``Runaway and Homeless Youth Act'' and inserting ``Comprehensive Runaway and Homeless Youth Services Act''. (b) Findings.--Section 302 (42 U.S.C. 5701) is amended-- (1) in paragraph (5), by striking ``accurate reporting of the problem nationally'' and inserting ``an accurate national reporting system''; (2) by striking paragraph (8) and inserting a new paragraph reading as follows: ``(8) because runaway and homeless youth have a high incidence of alcohol and other drug abuse problems and often less opportunity for intervention, drug abuse prevention and education services need to be provided;''; (3) in paragraph (10), by striking ``who require assistance'' and all that follows and inserting instead ``(many of whom have been or are at risk of being subjected to sexual abuse) who need but would not otherwise avail themselves of assistance; and''; and (4)(A) by striking ``and'' at the end of paragraph (9); and (B) by adding at the end the following new paragraph: ``(11) services for this population are needed in urban, suburban, and rural areas.''. SEC. 3. COMPREHENSIVE GRANT PROGRAM. (a) General Program Authority.-- (1) The caption of section 311 (42 U.S.C. 5711) is amended by inserting ``COMPREHENSIVE'' before ``RUNAWAY''. (2) Section 311(a) (42 U.S.C. 5711(a)) is amended by striking ``local runaway and homeless youth centers'' and inserting ``comprehensive local runaway and homeless youth services programs''. (b) Distribution of Grant Funds.--Section 311(b) is amended by striking paragraph (4) and inserting the following new paragraph: ``(4) In selecting among applicants for grants under subsection (a), the Secretary shall ensure that at least 20 percent of the total amount available for such grants for each fiscal year shall be used for long-term residential care for older homeless youth through the provision of transitional living services.''. (c) Repeal of Separate Authorities for Street-Based and Home-Based Services.--Subsections (c) and (d) of section 311 (42 U.S.C. 5711) are repealed. SEC. 4. ELIGIBILITY; PLAN REQUIREMENTS. (a) Program Elements of Eligible Service Programs.--Section 312(a) (42 U.S.C. 5712(a)) is amended to read as follows: ``(a) Service Programs Eligible for Grants.-- ``(1) In general.--To be eligible for assistance under section 311(a), an applicant shall propose to establish, strengthen, or fund an existing or proposed locally controlled comprehensive runaway and homeless youth services program that includes at least one of the following: ``(A) Short-term services including-- ``(i) emergency shelter for runaway and homeless youth; and (ii) at the grantee's option, non- residential prevention services on a drop-in basis for youth who are-- ``(I) contemplating running away from home; ``(II) currently living on the streets; or ``(III) receiving after-care services. ``(B) Long-term residential services for homeless youth. ``(2) Location.--A program eligible for assistance under this part may be located in any urban, suburban, or rural area where a need for runaway and homeless youth services is demonstrated. A program may be shelter-based, use group homes or host homes, operate street-based services, or employ any combination of these options, as appropriate for the population being served. ``(b) Youth Eligible for Services.--Youth eligible to receive services from programs assisted under this part are individuals age 21 or younger. (b) General Plan Requirements.--Section 312(b) (42 U.S.C. 5712(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``section 311(a)'' and inserting ``this part''; (2) in paragraph (2)-- (A) by striking ``runaway and homeless youth center'' and inserting ``comprehensive runaway and homeless youth services program''; and (B) by striking ``temporary''; (3) by striking paragraphs (1) and (3), and redesignating paragraphs (2) and (4) as paragraphs (1) and (2); (4) by adding after paragraph (2), as redesignated, the following new paragraphs: ``(3)(A) shall provide, directly or through referral, alcohol and drug abuse prevention and education activities and services; and ``(B) shall, to the extent feasible and necessary, make referrals for alcohol and drug abuse treatment services; ``(4) shall to the extent feasible provide, or make referrals to providers of, other appropriate services including medical, educational, social, recreational, and transportation services;''; and (5) in paragraph (5), by striking all that follows ``to such youth'' and inserting a semicolon; (6) in each of paragraphs (8) and (10), by striking ``center'' and inserting ``program''. (c) Repeal of Provisions Relating to Separate Street-Based and Home-Based Programs.--Subsections (c) and (d) of section 312 (42 U.S.C. 5712) are repealed. (d) Plan Requirements for Program Providing Short-Term Emergency Shelter.--Section 312 (42 U.S.C. 5712) is amended by adding at the end the following new subsection: ``(c) In order to qualify for assistance under this part, an applicant proposing to provide the short-term services described in subsection (a)(1)(A) shall submit a plan to the Secretary including assurances that the applicant-- ``(1) shall operate a runaway and homeless youth center which is located in an area demonstrably frequented by or easily reachable by runaway and homeless youth, and at which runaway and homeless youth can receive services; ``(2) shall develop adequate plans, in accordance with the best interests of the youth, for contacting the parents, legal guardians, or other relatives of the youth and ensuring the safe return of the youth, or for providing for other appropriate alternative living arrangements; and ``(3) shall develop an adequate plan for encouraging the involvement of parents or legal guardians in counseling, and for ensuring, to the extent possible, that aftercare services will be provided to all youth served, including those who are returned beyond the State in which the program is located.''. (e) Plan Requirements for Program Providing Long-Term Residential Services.--Section 322(a) (42 U.S.C. 5722(a)) is relocated and redesignated as subsection (d) of section 312 (42 U.S.C. 5712), and is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``shall propose'' and inserting ``proposing''; and (B) by striking ``a transitional living youth project for homeless youth and'' and inserting ``long- term residential services for older homeless youth in accordance with subsection (a)(1)(R)''; (2) by striking paragraphs (4) and (5), redesignating paragraph (6) as paragraph (4), and striking paragraphs (7) through (14); and (3) by striking the semicolon at the end of paragraph (4), as redesignated, and inserting a period. SEC. 5. APPROVAL BY SECRETARY. Section 313 (42 U.S.C. 5713) is amended-- (1) in the first sentence-- (A) by striking ``section 311 (a), (c), or (d)'' the first place it appears and inserting ``this part''; and (B) by striking ``section 311 (a), (c), or (d)'' the second place it appears and inserting ``section 311''; (2) by striking the second sentence; and (3) in the third sentence-- (A) by striking ``of service''; and (B) by inserting before the period ``of the type of services which such organizations propose to provide''. SEC. 6. EVALUATION AUTHORITY. Section 343 (42 U.S.C. 5714-23) is amended-- (1) in the caption, by inserting ``EVALUATION,'' after ``DEMONSTRATION,''; and (2) in subsection (a), by inserting ``evaluation,'' after ``demonstration,''. SEC. 7. REPEAL OF EXECUTED DEMONSTRATION AUTHORITY. Section 344 (42 U.S.C. 5714-24) is repealed. SEC. 8. TECHNICAL ASSISTANCE TO POTENTIAL GRANTEES. Section 371 (42 U.S.C. 5714a) is amended by striking all that follows the first sentence. SEC. 9. LEASE OF SURPLUS FEDERAL FACILITIES. Section 372 (42 U.S.C. 5714b) is repealed. SEC. 10. REPORTS. (a) Reporting Timetable.--Section 381(a) (42 U.S.C. 5715(a)) is amended in the matter preceding paragraph (1) by striking ``each fiscal year'' and inserting ``fiscal year 1997 and each second fiscal year thereafter''. (b) Federal Evaluation.--Section 381(b)(1) (42 U.S.C. 5715(b)(1)) is amended to read as follows: ``(1) The Secretary shall develop and implement a system that provides information on the quality and quantity of services being provided by comprehensive runaway and homeless youth services programs. Recipients of grants under this part shall cooperate with Federal data collection efforts and with triennial on-site monitoring activities.''. (c) Conforming Amendments.--Section 381(a) (42 U.S.C. 5715(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``runaway and homeless youth centers that are funded under parts A, B, C, D, and E'' and inserting ``programs funded under this title''; (2) in paragraph (1), by striking ``centers funded under part A'' and inserting ``short-term services programs described in section 312(a)(1)(A)''; and (3) in paragraph (2), by striking ``centers funded under part B'' and inserting ``long-term residential service programs described in section 312(a)(1)(B)''. SEC. 11. REPEAL OF ANNUAL PRIORITIES REQUIREMENT. Section 384 (42 U.S.C. 5732) is repealed. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) Appropriations Authorized.--Section 385(a)(1) (42 U.S.C. 5751(a)(1)) is amended by striking all that follows ``to carry out this title'' and inserting ``$69 million for fiscal year 1997, and such sums as necessary for each of fiscal years 1998 through 2001.''. (b) Funds for Runaway Hotline.--Section 385(a)(3) (42 U.S.C. 5751(a)(3)) is amended-- (1) by inserting ``such sums as necessary'' after ``shall reserve''; and (2) by striking all that follows ``section 331'' and inserting a period. (b) Elimination of Separate Earmarks.--Paragraphs (4) and (5) of subsection (a), and subsections (b) and (c), of section 385 (42 U.S.C. 5751) are repealed. (c) Subsections (d) and (e) are redesignated as subsections (b) and (c). SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 311(b)(2) (42 U.S.C. 5711(b)(2)) is amended by striking ``the Trust Territory of the Pacific Islands,''. (b) Section 314 (42 U.S.C. 5714) is amended by striking ``runaway and homeless youth center'' and inserting ``comprehensive runaway and homeless youth services program''. (c) Part B (42 U.S.C. 5714-1 et seq.) is repealed. (d) Section 343(b)(7) (42 U.S.C. 5714-23(b)(7)) is amended by striking ``runaway and homeless youth centers'' and inserting ``comprehensive runaway and homeless youth services programs''. (e) Section 371 is amended, in the matter preceding paragraph (1), by striking ``runaway and homeless youth centers and transitional living youth projects'' and inserting ``runaway and homeless youth services programs under section 312''. (f) Section 385(b) (42 U.S.C. 5751(b)), as redesignated by section 10 of this Act, is amended by striking ``Office of Youth Development'' and inserting ``Administration for Children and Families''.

Runaway and Homeless Youth Amendments of 1996 - Renames the Runaway and Homeless Youth Act the Comprehensive Runaway and Homeless Youth Services Act (the Act). Revises findings of the Act, including by specifying that services for runaway and homeless youth are needed in urban, suburban, and rural areas. Modifies the Act to require: (1) the Secretary of Health and Human Services to make grants to entities to establish and operate comprehensive local runaway and homeless youth services programs and, in selecting among grant applicants, to ensure that at least 20 percent of the total amount available for such grants for each fiscal year be used for long-term residential care for older homeless youth through the provision of transitional living services; and (2) an applicant, to be eligible for such assistance, to propose to establish, strengthen, or fund an existing or proposed locally controlled comprehensive runaway and homeless youth services program that meets specified requirements. Permits a program eligible for assistance to be located in any urban, suburban, or rural area where a need for runaway and homeless youth is demonstrated. Specifies that youth eligible to receive services from such programs are individuals age 21 or younger. Modifies general plan requirements to require that applicants, to be eligible for assistance, provide or make referrals regarding: (1) alcohol and drug abuse prevention and education activities and services; and (2) appropriate medical, educational, social, recreational, and transportation services. Sets forth or modifies provisions concerning plan requirements for programs providing short-term emergency shelter and long-term residential services, approval of applications by the Secretary, evaluation authority, reporting requirements, and the authorization of appropriations. Directs the Secretary to develop and implement a system that provides information on the quality and quantity of services being provided by comprehensive runaway and homeless youth services programs. Requires grant recipients to cooperate with Federal data collection efforts and with triennial on-site monitoring activities. Repeals provisions regarding: (1) authority under the Act for street-based and home-based services; (2) temporary demonstration projects to provide services to youth in rural areas; (3) specified requirements regarding informational assistance to potential grantees; and (4) annual program priorities.

Runaway and Homeless Youth Amendments of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Rights Act of 2009''. SEC. 2. PROHIBITION ON RESTRICTIONS ON THE PRACTICE OF MEDICINE AND OTHER HEALTH CARE PROFESSIONS. (a) In General.--Subject to subsection (b), no Federal funds shall be used to permit any Federal officer or employee to exercise any supervision or control over-- (1) the practice of medicine, the practice of other health care professions, or the manner in which health care services are provided; (2) the provision, by a physician or a health care practitioner, of advice to a patient about the patient's health status or recommended treatment for a condition or disease; (3) the selection, tenure, or compensation of any officer, employee, or contractor of any institution, business, non- Federal agency, or individual providing health care services; or (4) the administration or operation of any such institution, business, non-Federal agency, or individual, with respect to the provision of health care services to a patient. (b) Preserving Certain Current Programs.--Subsection (a) shall not prohibit the Federal government from operating, managing, supervising employees of, or defining the scope of services provided by Federal entities when directly providing health care services and products, only with respect to the following: (1) The Veterans Health Administration-- (A) in the case of directly providing health care services through its own facilities and by its own employees; or (B) in the case of coordinating health care services not described in subparagraph (A) and paid for with Federal funds under programs operated by the Veterans Health Administration. (2) The Department of Defense-- (A) in the case of directly providing health care services through military treatment facilities; (B) in the case of paying for health care services for active-duty members of the armed forces or members of the reserve component when called to active duty; (C) in the case of directly providing health care services to the public in the event of emergency or under other lawful circumstances; or (D) when necessary to determine whether health care services provided to those who are not active-duty members of the Armed Forces are eligible for payment with Federal funds or to coordinate health care services for patients who are served by both non- Federal entities and military treatment facilities. (3) The United States Public Health Service-- (A) in the case of providing health care services through its own facilities or by its officers or civilian Federal employees; (B) in the case of providing or paying for health care services to active-duty members of uniformed services or to reserve members of such services when called to active duty; or (C) when necessary to determine whether health care services provided to those who are not active-duty members of uniformed services are eligible for payment with Federal funds or to coordinate health care services for patients who are served by both non- Federal entities and Public Health Service treatment facilities (4) The Indian Health Service-- (A) in the case of directly providing health care services through its own facilities or Federal employees; or (B) in the case of providing care by non-Federal entities, to the extent necessary to administer contracts and grants pursuant to the Indian Health Care Improvement Act; (5) The National Institutes of Health-- (A) in the case of providing direct patient care incident to medical research; or (B) in the case of administering grants for medical research, but in no case shall a non-Federal entity be required or requested to waive the protections of subsection (a) for health care services not incident to medical research funded by the National Institutes of Health as a condition of receiving research grant funding from the National Institutes of Health. (6) The Health Resources and Services Administration-- (A) in the case of certifying federally qualified health centers, as defined by section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B)), certifying FQHC look-alike status, as defined in section 413.65(n) of title 45 of the Code of Federal Regulations, or providing grants under section 330 of the Public Health Service Act (42 U.S.C. 254b), but only to the extent necessary to determine eligibility for such certification and grant funding and the appropriate amounts of such funding; or (B) in the case of operating the nation's human organ, bone marrow, and umbilical cord blood donation and transplantation systems, as and to the extent authorized by law and necessary for the operation of those programs. SEC. 3. RIGHT TO CONTRACT FOR HEALTH CARE SERVICES AND HEALTH INSURANCE. (a) Receipt of Health Services.--No Federal funds shall be used by any Federal officer or employee to prohibit any individual from receiving health care services from any provider of health care services-- (1) under terms and conditions mutually acceptable to the patient and the provider; or (2) under terms and conditions mutually acceptable to the patient, the provider, and any group health plan or health insurance issuer that is obligated to provide health insurance coverage to the patient or any other entity indemnifying the patient's consumption of health care services; provided that any such agreement shall be subject to the requirements of section 1802(b) of the Social Security Act (42 U.S.C. 1395a(b)), as amended by section 6. (b) Health Insurance Coverage.--No Federal funds shall be used by any Federal officer or employee to prohibit any person from entering into a contract with any group health plan, health insurance issuer, or other business, for the provision of, or payment to other parties for, health care services to be determined and provided subsequent to the effective date of the contract, according to terms, conditions, and procedures specified in such contract. (c) Eligibility for Federal Benefits.--No person's eligibility for benefits under any program operated by or funded wholly or partly by the Federal Government shall be adversely affected as a result of having received services in a manner described by subsection (a) or having entered into a contract described in subsection (b). (d) Federal Program Participation.--No provider of health care services-- (1) shall be denied participation in a Federal program for which it would otherwise be eligible as a result of having provided services in a manner described in subsection (a); or (2) shall be denied payment for services otherwise eligible for payment under a Federal program as a result of having provided services in a manner described in subsection (a), except to the extent required by subsection (a)(1). SEC. 4. PROHIBITION ON MANDATING STATE RESTRICTIONS. (a) In General.--No Federal funds shall be used by any Federal officer or employee to induce or encourage any State or other jurisdiction of the United States to enact any restriction or prohibition prohibited to the Federal Government by this Act. (b) Protecting State Eligibility for Federal Funds.--No State's eligibility for participation in any program operated by or funded wholly or partly by the Federal Government, or for receiving funds from the Federal Government shall be conditioned on that State enacting any restriction or prohibition prohibited to the Federal Government by this Act, nor adversely affected by that State's failure to enact any restriction or prohibition prohibited to the Federal Government by this Act. SEC. 5. CLARIFICATION. Nothing in this Act shall be construed to permit the expenditure of funds otherwise prohibited by law. SEC. 6. CONFORMING AMENDMENT. Section 1802(b)(3) of the Social Security Act (42 U.S.C. 1395(2)(B)) is hereby repealed. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Health care services.--The term ``health care services'' means any lawful service intended to diagnose, cure, prevent, or mitigate the adverse effects of any disease, injury, infirmity, or physical or mental disability, including the provision of any lawful product the use of which is so intended. (2) Physician.--The term ``physician'' means-- (A) a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which he performs such practice and surgery; (B) a doctor of dental surgery or of dental medicine who is legally authorized to practice dentistry by the State in which he performs such function and who is acting within the scope of his license when he performs such functions; (C) a doctor of podiatric medicine but only with respect to functions which he is legally authorized to perform as such by the State in which he performs them; (D) a doctor of optometry with respect to the provision of items or services which he is legally authorized to perform as a doctor of optometry by the State in which he performs them; or (E) a chiropractor who is licensed as such by the State (or in a State which does not license chiropractors as such, is legally authorized to perform the services of a chiropractor in the jurisdiction in which he performs such services), but only with respect to treatment which he is legally authorized to perform by the State or jurisdiction in which such treatment is provided. (3) Practice of medicine.--The term ``practice of medicine'' means-- (A) health care services that are performed by physicians; and (B) services and supplies furnished as an incident to a physician's professional service. (4) Health care practitioner.--The term ``health care practitioner'' means a physician assistant, registered nurse, nurse practitioner, psychologist, clinical social worker, midwife, or other individual (other than a physician) licensed or legally authorized to perform health care services in the State in which the individual performs such services. (5) Practice of other health care professions.--The term ``practice of other health care professions'' means-- (A) health care services performed by a health care practitioner; and (B) services and supplies furnished as an incident to a health care practitioner's professional service. (6) Group health plan.--The term ``group health plan'' has the meaning given such term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (7) Health insurance issuer.--The term ``health insurance issuer'' has the meaning given such term in section 733(b)(2) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)(2)). (8) Business.--The term ``business'' means any sole proprietorship, partnership, for-profit corporation, or not- for-profit corporation. (9) State.--The term ``State'' means any of the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, or the District of Columbia. SEC. 8. EFFECTIVE DATE. The provisions of this Act shall apply to Federal entities, including employees and officials of such entities, beginning on January 1, 2009.

Medical Rights Act of 2009 - Prohibits federal funds from being used to permit any federal officer or employee to exercise any supervision or control over: (1) the practice of medicine, the practice of other health care professions, or the manner in which health care services are provided; (2) the provision by a physician or a health care practitioner of advice to a patient about the patient's health status or recommended treatment for a condition or disease; (3) the selection, tenure, or compensation of any officer, employee, or contractor of any institution, business, nonfederal agency, or individual providing health care services; or (4) the administration or operation of any such institution, business, nonfederal agency, or individual with respect to the provision of health care services to a patient. Sets forth exceptions for the Veterans Health Administration, the Department of Defense (DOD), the United States Public Health Service, the Indian Health Service, the National Institutes of Health (NIH), and the Health Resources and Services Administration. Prohibits federal funds from being used by any federal officer or employee to prohibit: (1) any individual from receiving health care services from any provider under terms and conditions mutually acceptable to the patient, the provider, and the patient's group health plan; or (2) any person from entering into a contract with any group health plan, health insurance issuer, or other business for the provision of, or payment to other parties for, health care services. Sets forth provisions to prohibit specified actions to avoid the prohibitions under this Act. Repeals Medicare provisions restricting private contracts between beneficiaries and physicians or practitioners.

To guarantee the rights of patients and doctors against Federal restrictions or delay in the provision of privately-funded health care.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Migratory Bird Treaty Reform Act of 1996''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The Migratory Bird Treaty Act was enacted in 1918 to implement the 1916 Convention for the Protection of Migratory Birds between the United States and Great Britain (for Canada). The Act was later amended to reflect similar agreements with Mexico, Japan, and the former Soviet Union. (2) Pursuant to the Migratory Bird Treaty Act, as amended, the Secretary of the Interior is authorized to promulgate regulations specifying when, how, and whether migratory birds may be hunted. (3) Contained within these regulations are prohibitions on certain methods of hunting migratory birds to prevent an excessive harvest of the resource. These prohibitions, many of which were recommended by sportsmen, have been in place for over 60 years and have received broad acceptance among the hunting community with one principal exception relating to the application and interpretation of the prohibitions on the hunting of migratory birds by the aid of baiting, or on or over any baited area. (4) The prohibitions regarding the hunting of migratory birds by the aid of bait, or on or over bait, have been fraught with interpretive difficulties on the part of law enforcement, the hunting community, and courts of law. Hunters who desire to comply with applicable regulations have been subject to citation for violations of the regulations due to the lack of clarity, inconsistent interpretations, and enforcement. The baiting regulations have been the subject of multiple congressional hearings and a law enforcement advisory commission. (5) Restrictions on the hunting of migratory birds by the aid of baiting, or on or over any baited area, must be clarified in a manner that recognizes the national and international importance of protecting the migratory bird resource while ensuring consistency and appropriate enforcement including the principles of ``fair chase''. No baiting restrictions should act as a detriment to the benefits of habitat management including wildlife food crops. SEC. 3. CLARIFYING HUNTING PROHIBITIONS. Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is amended as follows: (1) By inserting ``(a)'' after ``Sec. 3.''. (2) By adding at the end the following: ``(b) No person shall take migratory game birds-- ``(1) with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance; ``(2) with a shotgun of any description capable of holding more than 3 shells, unless it is plugged with a one-piece filler, incapable of removal without disassembling the gun, so that its total capacity does not exceed 3 shells; ``(3) from or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording a hunter a means of concealment beneath the surface of the water; ``(4) from or by means, aid or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing 1 or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance; ``(5)(A) except as provided in subparagraph (B), from or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased; ``(B) a craft under power may be used to retrieve dead or crippled birds (except that crippled birds may not be shot from such craft under power except in the seaduck area, as provided by regulations issued by the Secretary of the Interior); ``(6) by means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying or stirring up of any migratory bird; ``(7) by the use or aid of live birds as decoys, including on any area where tame or captive live ducks or geese are present, unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl; ``(8) by the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds; and ``(9) while possessing shot (either in shotshells or loose shot for muzzle-loading) other than steel shot, bismuth-tin shot, or such other shot as may be approved as nontoxic by the Secretary of the Interior; this paragraph applies only to the taking of Anatidae (ducks, geese, including brant, and swans), coots (Fulica americana) and any species that make up aggregate bag limits during concurrent seasons with the former in areas designated as nontoxic shot zones by the Secretary of the Interior. ``(c)(1) No person shall take any migratory bird by the aid of baiting, or on or over any baited area, where that person knows or should have known through the exercise of reasonable diligence that bait was present. ``(2) Nothing in this subsection shall prohibit-- ``(A) the taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; ``(B) the taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as a result of normal agricultural operations or procedures or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes; or ``(C) the taking of any migratory game birds, including waterfowl, on or over moist soil on emergent marsh plants-- ``(i) that are on the land where the plants were grown; ``(ii) that have been mowed, chopped, disced, or otherwise manipulated; and ``(iii) the presence of which is the result of normal wetland habitat practices performed by the owner of record or any agent of the owner. ``(3) For purposes of paragraph (2)(C), the term `moist soil on emergent marsh plants'-- ``(A) means those species of wetland plants which occur naturally in unmanaged wetlands; and ``(B) includes, but is not limited to, watergrass/wild millet (Eschinochloa spp.), smartweed (Polygonum spp.), bulrush (Scirpus spp.), swamp timothy (Heleochloa schoenoides), spike rush (Eleocharis spp.), wild rice (Zizania spp.), sedge (Cyperus spp.), cocklebur (Xanthum spp.), sprangle top (Leptochloa spp.), curly dock (Rumex spp.), Pigweed (Amaranthus spp.), cattail (Typha spp.), beggarticks (Bidens spp.), giant reed grass (Phragmites spp.), joint grass (Paspalum spp.), johnson grass (Sorghum spp.), and goosefoot (Chenopodium spp.). ``(4) As used in this subsection: ``(A) The term `baiting' means the intentional placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed that constitutes for such birds an attraction, on or over any areas where hunters are attempting to take migratory game birds. ``(B) The term `baited area' means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed whatsoever capable of attracting migratory game birds is intentionally placed, exposed, deposited, distributed, or scattered; such an area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. ``(C)(i) The term `normal agricultural operations' includes the growing of crops where harvesting does not take place, planting for erosion control, top sowing of crops, and distribution or scattering of grains if such operations are normal in a region, except that the term shall not include the distributing or scattering of grain or other feed once it has been removed from or stored on a field where grown unless it is for a normal agricultural operation for feed for farm animals in the region. ``(ii) Any other activity may be considered to be a normal agricultural operation only if the Secretary of the Interior, after meaningful consultation with the director of appropriate cooperative State research, education, and extension services, State fish and wildlife agencies, and State extension agricultural offices-- ``(I) determines that the activity is normal within the specific regional area in which it occurs; and ``(II) publishes the determination annually in the Federal Register in conjunction with other migratory bird hunting regulations, after public review and comment. ``(D) The terms `attraction' and `attracting' mean that the bait was a major contributing factor in luring the migratory birds to within a reasonable shotgun range given other such factors as the geographic location of the hunting venue, the physical characteristics of the hunting area, and the hunting methods used by the hunters.''. SEC. 4. ACQUISITION OF MIGRATORY BIRD REFUGES. Section 6 of the Migratory Bird Treaty Act (16 U.S.C. 707) is amended as follows: (1) By redesignating subsection ``(c)'' as subsection ``(d)''. (2) By inserting after subsection (b), the following: ``(c) All fines and penalties assessed and recovered under this provision shall be deposited into the migratory bird conservation fund established under section 4 of the Act of March 16, 1934 (16 U.S.C. 718d) to be used only for the location, ascertainment, and acquisition of suitable areas for migratory bird refuges under this Act.''. SEC. 5. PENALTIES. Section 6(c) of the Migratory Bird Treaty Act (16 U.S.C. 707(c)) is amended as follows: (1) By striking ``All guns,'' and inserting ``(1) Except as provided in paragraph (2), all guns''. (2) By adding the following at the end: ``(2) In lieu of seizing any personal property, the Secretary of the Interior shall permit the owner or operator of the personal property to post bond or other surety pending the disposition of any proceeding under this Act.''.

Migratory Bird Treaty Reform Act of 1996 - Amends the Migratory Bird Treaty Act (the Act) to prohibit persons from taking migratory game birds: (1) with a trap, snare, net, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, poison, drug, explosive, or stupefying substance or with a shotgun of any description capable of holding more than three shells; (2) from or by means, aid, or use of a sinkbox or any other type of low floating device having a depression affording a hunter a means of concealment beneath the surface of the water; (3) from or by means, aid or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance; (4) from or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and or the sails furled, and its progress therefrom has ceased (allows a powered craft to be used to retrieve dead or crippled birds, except that crippled birds may not be shot from such craft except in the seaduck area, as provided by regulations issued by the Secretary of the Interior); (5) by means or aid of any motor-driven land, water, or air conveyance or any sailboat used for the purpose of, or resulting in, the concentrating, driving, rallying, or stirring up of any migratory bird; (6) by the use or aid of live birds as decoys, including on areas where tame or captive live ducks or geese are present, unless such birds are and have been for a period of ten consecutive days before such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl; (7) by the use or aid of recorded or electrically amplified bird calls or sounds or of imitations thereof; or (8) while possessing shot (either in shotshells or loose shot for muzzle-loading) other than steel shot, bismuth-tin shot, or such other shot as may be approved as nontoxic by the Secretary (applicable to the taking of Anatidae (ducks, geese, including brant, and swans), coots (Fulica americana) and any species that make up aggregate bag limits during concurrent seasons with the former in areas designated as nontoxic shot zones by the Secretary). Prohibits persons from taking migratory birds by the aid of baiting, or on or over any baited area, where they know or should have known through the exercise of reasonable diligence that bait was present. (Sec. 4) Requires all fines and penalties assessed and recovered under this Act to be deposited into the migratory bird conservation fund to be used only for the location, ascertainment, and acquisition of suitable areas for migratory bird refuges under the Act. (Sec. 5) Amends penalty provisions of such Act to provide that in lieu of seizing any personal property, the Secretary shall permit the owner or operator of such property to post bond or other surety pending the disposition of any proceeding under the Act.

Migratory Bird Treaty Reform Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pollinator Protection Act of 2007''. SEC. 2. FINDINGS. Congress finds that-- (1) many of the crops that humans and livestock consume rely on pollinators for healthy growth; (2) pollination by honey and native bees adds more than $18,000,000,000 annually to the value of United States crops; (3) \1/3\ of the food supply of the United States depends on bee pollination, which makes the management and protection of pollinators an issue of paramount importance to the security of the United States food supply system; (4) colony collapse disorder is the name that has been given to the latest die-off of honey bee colonies, exacerbating the continual decline of pollinators in North America; (5) honey bee colonies in more than 23 states have been affected by colony collapse disorder; (6) if the current rate of decline continues, the United States will be forced to rely more heavily on imported foods, which will destabilize the food security of the United States through adverse affects on the availability, price, and quality of the many fruits, vegetables, and other products that depend on animal pollination; and (7) enhanced funding for research on honey bees, native bees, parasites, pathogens, toxins, and other environmental factors affecting bees and pollination of cultivated and wild plants will result in methods of response to colony collapse disorder and other factors causing the decline of pollinators in North America. SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS. (a) Agricultural Research Service.--There is authorized to be appropriated to the Secretary of Agriculture, acting through the Agricultural Research Service-- (1) $3,000,000 for each of fiscal years 2008 through 2012, to be used for new personnel, facilities improvement, and additional research at Department of Agriculture Bee Research Laboratories; (2) $2,500,000 for each of fiscal years 2008 and 2009, to be used for research on honey and native bee physiology, insect pathology, insect chemical ecology, and honey and native bee toxicology at other Department of Agriculture facilities in New York, Florida, California, Utah, and Texas; and (3) $1,750,000 for each of fiscal years 2008 through 2010, to be used for an area-wide research program to identify causes and solutions for colony collapse disorder in affected States, of which-- (A) $875,000 for each fiscal year shall be used to carry out the program at the bee laboratory of the Agricultural Research Service located in Beltsville, Maryland; and (B) $875,000 for each fiscal year shall be used to carry out the program at the bee laboratory of the Agricultural Research Service located in Tucson, Arizona. (b) Cooperative State Research, Education, and Extension Service.-- There is authorized to be appropriated to the Secretary of Agriculture, acting through the Cooperative State Research, Education, and Extension Service, $10,000,000 for each of fiscal years 2008 through 2012 to be used to fund Department of Agriculture extension and research grants to investigate-- (1) honey bee biology, immunology, and ecology; (2) honey bee genomics; (3) honey bee bioinformatics; (4) native bee crop pollination and habitat conservation; (5) native bee taxonomy and ecology; (6) pollination biology; (7) sublethal effects of insecticides, herbicides, and fungicides on honey bees, native pollinators, and other beneficial insects; (8) the effects of genetically-modified crops, including the interaction of genetically-modified crops with honey bees and other native pollinators; and (9) honey, bumble, and other native bee parasites and pathogens and effects on other native pollinators. (c) Animal and Plant Health Inspection Service.--There is authorized to be appropriated to the Secretary of Agriculture, acting through the Animal and Plant Health Inspection Service, $2,250,000 for each of fiscal years 2008 through 2012 to conduct a nationwide honey bee pest and pathogen surveillance program. SEC. 4. ANNUAL REPORTS. The Secretary of Agriculture, acting through the Agricultural Research Service and the Cooperative State Research, Education, and Extension Service, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status and progress of bee research projects that are carried out by the Secretary.

Pollinator Protection Act of 2007 - Authorizes appropriations to the Secretary of Agriculture, through the Agricultural Research Service, for: (1) personnel, facilities improvement, and additional research at Department of Agriculture Bee Research Laboratories; (2) research on honey bee physiology, insect pathology, insect chemical ecology, and honey and native bee toxicology at other Department facilities in New York, Florida, California, Utah, and Texas; and (3) research to identify causes and solutions for Colony Collapse Disorder, with specified amounts for research at the Agricultural Research Services in Beltsville, Maryland, and Tucson, Arizona. Authorizes appropriations to the Secretary, through the Cooperative State Research, Education, and Extension Service, for research grants to investigate: (1) honey bee immunology, genomics, biology, ecology, and bioinformatics; (2) pollination biology; and (3) the effects of genetically modified crops, insecticides, herbicides, parasites, and fungicides on honey bees and other beneficial insects and pollinators.

A bill to authorize resources for sustained research and analysis to address colony collapse disorder and the decline of North American pollinators.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diesel Emissions Reduction Act of 2010''. SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM. (a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42 U.S.C. 16131) is amended-- (1) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) any private individual or entity that-- ``(i) is the owner of record of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a Federal department or agency or an entity described in subparagraph (A); and ``(ii) meets such timely and appropriate requirements as the Administrator may establish for vehicle use and for notice to and approval by the Federal department or agency or entity described in subparagraph (A) with respect to which the owner has entered into a contract, license, or lease as described in clause (i).''; (2) in paragraph (4), by inserting ``currently, or has not been previously,'' after ``that is not''; (3) by striking paragraph (9); (4) by redesignating paragraph (8) as paragraph (9); (5) in paragraph (9) (as so redesignated), in the matter preceding subparagraph (A), by striking ``, advanced truckstop electrification system,''; and (6) by inserting after paragraph (7) the following: ``(8) State.--The term `State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.''. (b) National Grant, Rebate, and Loan Programs.--Section 792 of the Energy Policy Act of 2005 (42 U.S.C. 16132) is amended-- (1) in the section heading, by inserting ``, rebate,'' after ``grant''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``to provide grants and low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities'' and inserting ``to provide grants, rebates, or low-cost revolving loans, as determined by the Administrator, on a competitive basis, to eligible entities, including through contracts entered into under subsection (e) of this section,''; and (B) in paragraph (1), by striking ``tons of''; (3) in subsection (b)-- (A) by striking paragraph (2); (B) by redesignating paragraph (3) as paragraph (2); and (C) in paragraph (2) (as so redesignated)-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``90'' and inserting ``95''; (ii) in subparagraph (B)(i), by striking ``10 percent'' and inserting ``5 percent''; and (iii) in subparagraph (B)(ii), by striking ``the application under subsection (c)'' and inserting ``a verification application''; (4) in subsection (c)-- (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (B) by striking paragraph (1) and inserting the following: ``(1) Expedited process.-- ``(A) In general.--The Administrator shall develop a simplified application process for all applicants under this section to expedite the provision of funds. ``(B) Requirements.--In developing the expedited process under subparagraph (A), the Administrator-- ``(i) shall take into consideration the special circumstances affecting small fleet owners; and ``(ii) to avoid duplicative procedures, may require applicants to include in an application under this section the results of a competitive bidding process for equipment and installation. ``(2) Eligibility.-- ``(A) Grants.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. ``(B) Rebates and low-cost loans.--To be eligible to receive a rebate or a low-cost loan under this section, an eligible entity shall submit an application in accordance with such guidance as the Administrator may establish-- ``(i) to the Administrator; or ``(ii) to an entity that has entered into a contract under subsection (e).''; (C) in paragraph (3)(G) (as redesignated by subparagraph (A)), by inserting ``in the case of an application relating to nonroad engines or vehicles,'' before ``a description of the diesel''; and (D) in paragraph (4) (as redesignated by subparagraph (A))-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``, rebate,'' after ``grant''; and (II) by inserting ``highest'' after ``shall give''; (ii) in subparagraph (C)(iii)-- (I) by striking ``a diesel fleets'' and inserting ``diesel fleets''; and (II) by inserting ``construction sites, schools,'' after ``terminals,''; (iii) in subparagraph (E), by adding ``and'' at the end; (iv) in subparagraph (F), by striking ``; and'' and inserting a period; and (v) by striking subparagraph (G); (5) in subsection (d)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``, rebate,'' after ``grant''; and (B) in paragraph (2)(A)-- (i) by striking ``grant or loan provided'' and inserting ``grant, rebate, or loan provided, or contract entered into,''; and (ii) by striking ``Federal, State or local law'' and inserting ``any Federal law, except that this subparagraph shall not apply to a mandate in a State implementation plan approved by the Administrator under the Clean Air Act''; and (6) by adding at the end the following: ``(e) Contract Programs.-- ``(1) Authority.--In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for the administration of programs for providing rebates or loans, subject to the requirements of this subtitle. ``(2) Eligible contractors.--The Administrator may enter into a contract under this subsection with a for-profit or nonprofit entity that has the capacity-- ``(A) to sell diesel vehicles or equipment to, or to arrange financing for, individuals or entities that own a diesel vehicle or fleet; or ``(B) to upgrade diesel vehicles or equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades. ``(f) Public Notification.--Not later than 60 days after the date of the award of a grant, rebate, or loan, the Administrator shall publish on the website of the Environmental Protection Agency-- ``(1) for rebates and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates or loans provided, as well as a breakdown of the technologies funded through the rebates or loans; and ``(2) for other rebates and loans, and for grants, a description of each application for which the grant, rebate, or loan is provided.''. (c) State Grant, Rebate, and Loan Programs.--Section 793 of the Energy Policy Act of 2005 (42 U.S.C. 16133) is amended-- (1) in the section heading, by inserting ``, rebate,'' after ``grant''; (2) in subsection (a), by inserting ``, rebate,'' after ``grant''; (3) in subsection (b)(1), by inserting ``, rebate,'' after ``grant''; (4) by amending subsection (c)(2) to read as follows: ``(2) Allocation.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), using not more than 20 percent of the funds made available to carry out this subtitle for a fiscal year, the Administrator shall provide to each State qualified for an allocation for the fiscal year an allocation equal to \1/53\ of the funds made available for that fiscal year for distribution to States under this paragraph. ``(B) Certain territories.-- ``(i) In general.--Except as provided in clause (ii), Guam, the United States Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands shall collectively receive an allocation equal to \1/ 53\ of the funds made available for that fiscal year for distribution to States under this subsection, divided equally among those 4 States. ``(ii) Exception.--If any State described in clause (i) does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under clause (i) shall be reallocated pursuant to subparagraph (C). ``(C) Reallocation.--If any State does not qualify for an allocation under this paragraph, the share of funds otherwise allocated for that State under this paragraph shall be reallocated to each remaining qualified State in an amount equal to the product obtained by multiplying-- ``(i) the proportion that the population of the State bears to the population of all States described in paragraph (1); by ``(ii) the amount otherwise allocatable to the nonqualifying State under this paragraph.''; (5) in subsection (d)-- (A) in paragraph (1), by inserting ``, rebate,'' after ``grant''; (B) in paragraph (2), by inserting ``, rebates,'' after ``grants''; (C) in paragraph (3), in the matter preceding subparagraph (A), by striking ``grant or loan provided under this section may be used'' and inserting ``grant, rebate, or loan provided under this section shall be used''; and (D) by adding at the end the following: ``(4) Priority.--In providing grants, rebates, and loans under this section, a State shall use the priorities in section 792(c)(4). ``(5) Public notification.--Not later than 60 days after the date of the award of a grant, rebate, or loan by a State, the State shall publish on the Web site of the State-- ``(A) for rebates, grants, and loans provided to the owner of a diesel vehicle or fleet, the total number and dollar amount of rebates, grants, or loans provided, as well as a breakdown of the technologies funded through the rebates, grants, or loans; and ``(B) for other rebates, grants, and loans, a description of each application for which the grant, rebate, or loan is provided.''. (d) Evaluation and Report.--Section 794(b) of the Energy Policy Act of 2005 (42 U.S.C. 16134(b)) is amended in each of paragraphs (2) through (5) by inserting ``, rebate,'' after ``grant'' each place it appears. (e) Authorization of Appropriations.--Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows: ``SEC. 797. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There is authorized to be appropriated to carry out this subtitle $200,000,000 for each of fiscal years 2012 through 2016, to remain available until expended. ``(b) Management and Oversight.--The Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight purposes.''.

Diesel Emissions Reduction Act of 2010 - Amends the Energy Policy Act of 2005 to reauthorize and extend funding for a grant program for reducing diesel emissions. Authorizes the Administrator of the Environmental Protection Agency (EPA) to: (1) provide contracts and rebates to eligible entities to achieve significant reductions in diesel emissions; and (2) support rebate programs administered by states that are designed to achieve such reductions. Includes among entities eligible to receive funding for reducing diesel emissions any private individual or entity that is the owner of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a federal, regional, state, local, or tribal agency or port authority with jurisdiction over transportation or air quality and that meets such requirements as the Administrator may establish for vehicle use and for notice to and approval by the agency with respect to a contract, license, or lease. Includes Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands within the meaning of "state" under such Act. Revises provisions concerning the distribution and use of, and applications for, funds.

To amend the Energy Policy Act of 2005 to reauthorize and modify provisions relating to the diesel emissions reduction program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Buy American Act''. SEC. 2. INCREASE OF DOMESTIC CONTENT PERCENTAGE TO 60 PERCENT. Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph: ``(3) Substantially all.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 60 percent of the total cost of all components of such articles, materials, or supplies.''. SEC. 3. CRITERIA REQUIRED FOR USE OF OVERSEAS EXCEPTION. Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: ``(c) Criteria for Use of Overseas Exception.-- ``(1) In general.--The exception under subsection (a)(2)(A) for articles, materials, or supplies to be acquired for use outside the United States may not be used unless one of the following criteria is met: ``(A) The articles, materials, or supplies are needed on an urgent basis. ``(B) The articles, materials, or supplies are to be purchased using a local supplier. ``(C) A cost analysis described in paragraph (2) demonstrates that the articles, materials, or supplies to be acquired (if acquired from a company manufacturing in the United States) would be more than 50 percent more expensive for the Federal agency acquiring the articles, materials, or supplies. ``(2) Cost analysis.--In any case in which articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis or are not to be purchased using a local supplier, before entering into a contract an analysis shall be made of the difference in the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost of acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping).''. SEC. 4. CRITERIA REQUIRED FOR USE OF PUBLIC INTEREST EXCEPTION. (a) Buy American Act.--Section 8302 of title 41, United States Code, as amended by section 3, is further amended by adding at the end the following new subsection: ``(d) Criteria for Use of Public Interest Exception.--In determining whether a public interest exception shall be applied under subsection (a), the head of a Federal agency shall-- ``(1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and ``(2) determine that preserving or increasing employment within the United States is consistent with the public interest.''. (b) Federal Transit Administration Funds.--Section 5323(j) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(10) Criteria for use of public interest waiver.--In determining whether a public interest waiver shall be issued under paragraph (2)(A), the Secretary shall-- ``(A) consider the short-term and long-term effects of applying such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, and goods concerned in the United States; and ``(B) determine that preserving or increasing employment within the United States is consistent with the public interest.''. (c) Federal Highway Administration Funds.--Section 313 of title 23, United States Code, is amended by adding at the end the following new subsection: ``(h) Criteria for Use of Public Interest Finding.--In determining whether a public interest finding shall be made under subsection (b)(1), the Secretary shall-- ``(1) consider the short-term and long-term effects of making such finding on employment within the United States, taking into account information provided by entities that produce the materials or products concerned in the United States; and ``(2) determine that preserving or increasing employment within the United States is consistent with the public interest.''. (d) AMTRAK Funds.--Section 24305(f) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(5) In deciding whether a public interest exemption shall be issued under paragraph (4)(A)(i), the Secretary shall-- ``(A) consider the short-term and long-term effects of issuing such exemption on employment within the United States, taking into account information provided by entities that manufacture the articles, material, or supplies concerned in the United States; and ``(B) determine that preserving or increasing employment within the United States is consistent with the public interest.''. (e) Federal Railroad Administration High Speed Rail Program Funds.--Section 24405(a) of title 49, United States Code, is amended by adding at the end the following new paragraph: ``(12) In determining whether a public interest waiver shall be granted under paragraph (2)(A), the Secretary shall-- ``(A) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel, iron, or goods concerned in the United States; and ``(B) determine that preserving or increasing employment within the United States is consistent with the public interest.''. (f) Federal Aviation Administration Funds.--Section 50101 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(d) Criteria for Use of Public Interest Waiver.--In determining whether a public interest waiver shall be granted under subsection (b)(1), the Secretary shall-- ``(1) consider the short-term and long-term effects of granting such waiver on employment within the United States, taking into account information provided by entities that produce the steel or goods concerned in the United States; and ``(2) determine that preserving or increasing employment within the United States is consistent with the public interest.''. (g) Water Pollution Prevention and Control Grants for Construction of Treatment Works.--Section 1295 of title 33, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``Notwithstanding''; and (2) by adding at the end the following new subsection: ``(b) Criteria for Use of Public Interest Exception.--In determining whether a public interest exception shall be applied under subsection (a), the Administrator shall-- ``(1) consider the short-term and long-term effects of applying such exception on employment within the United States, taking into account information provided by entities that manufacture the articles, materials, or supplies concerned in the United States; and ``(2) determine that preserving or increasing employment within the United States is consistent with the public interest.''. SEC. 5. TRANSPARENCY REQUIREMENTS. (a) Requirement for Agencies To Notify OMB.--Each agency that applies an exception to, or grants a waiver under, chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act) shall submit to the Director of the Office of Management and Budget a notification of the application of the exception or the grant of a waiver and a statement describing the procurement and the exception being applied or waiver granted. (b) Requirement for Director of OMB To Post on Web Site.--Within 7 days after receipt of any notification under subsection (a), the Director of the Office of Management and Budget shall post the notification on a central, publicly accessible website of the Office. (c) Definition of Agency.--In this section, the term ``agency'' has the meaning given under section 551 of title 5, United States Code. SEC. 6. LOANS AND LOAN GUARANTEES TO DOMESTIC MANUFACTURERS UNDER DEFENSE PRODUCTION ACT. (a) Program Authorized.--The President, acting through the Secretary of Defense, may establish and carry out a program to make or guarantee loans under title III of the Defense Production Act (50 U.S.C. App. 2091 et seq.) to eligible entities in accordance with this section. (b) Eligibility Requirements.--The Secretary of Defense shall establish eligibility requirements for purposes of the loans or loan guarantees under this section in order to provide assistance to any entity that-- (1) is a manufacturer in the United States; (2) is a firm certified as eligible to apply for adjustment assistance under section 251(c) of the Trade Act of 1974 (19 U.S.C. 2341(c)); and (3) meets one of the following criteria: (A) The entity mines, produces, or manufactures a nonavailable item. (B) The entity is the last remaining manufacturer of an item in the United States, as determined by the Secretary of Defense, and can prove hardship because of foreign competition. (C) The entity is the last remaining manufacturer of an item in the United States and that item is considered to be vital for national security purposes by the Department of Defense or another department or agency of the United States. (c) Amount of Loan or Loan Guarantee.--The amount of any loan made or guaranteed under this section may not exceed $5,000,000 per entity. (d) Use of Funds.--Each eligible entity receiving a loan or loan guarantee under this section shall use the funds of the loan made or guaranteed only for one or more of the following purposes: (1) Increasing its ability to compete for a Government contract for a nonavailable item. (2) Increasing its ability to produce a nonavailable item. (3) Increasing its capacity to produce items that are vital to national security. (e) Application Requirements.--To receive a loan or loan guarantee under this section, an eligible entity shall submit an application to the Secretary of Defense at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall include a statement regarding the number of direct full-time domestic jobs expected to be created or retained as a result of the loan made or guaranteed, but such statement shall not be the sole factor used in determining the award of the loan or loan guarantee. (f) Annual Evaluation of Loan or Loan Guarantee Recipients by Department of Defense.--The Secretary of Defense each year shall evaluate recipients of loans or loan guarantees under this section to determine the proper allocation of loan funds that are loaned or guaranteed. (g) Definition of Nonavailable Item.--In this section, the term ``nonavailable item'' means any of the following: (1) An article, material, or supply-- (A) that has been determined by a Federal agency, pursuant to chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act), to not be mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (B) that is listed on the list of nonavailable articles under subpart 25.104 of the Federal Acquisition Regulation. (2) An article or item-- (A) that is described in section 2533a(b) of title 10, United States Code, and grown, reprocessed, reused, or produced in the United States; and (B) satisfactory quality and sufficient quantity of which cannot be procured as and when needed at United States market prices, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to section 2533a(c) of such title. (3) Compliant specialty metal-- (A) as defined in section 2533b(b) of title 10, United States Code; and (B) satisfactory quality and sufficient quantity of which, and in the required form, cannot be procured as and when needed, as determined by the Secretary of Defense or the Secretary of the military department concerned, pursuant to such section 2533b(b). (4) An item listed in subsection (a) of section 2534 of title 10, United States Code, if the Secretary determines, under subsection (d)(4) of such section, that satisfactory quality of the item manufactured by an entity that is part of the national technology and industrial base (as defined in section 2500(1) of such title) is not available.

21st Century Buy American Act - Deems articles, materials, or supplies as made substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if the cost of the domestic components of such articles, materials, or supplies exceeds 60% of the total cost of all components of such articles, materials, or supplies. Prohibits the use of the overseas exception to Buy American requirements unless one of the following criteria is met: (1) the articles, materials, or supplies are needed on an urgent basis; (2) the articles, materials, or supplies are to be  purchased using a local supplier; or (3) a cost analysis demonstrates that the articles, materials, or supplies to be acquired would be more than 50% more expensive if made in the United States. Requires the head of a federal agency, in determining whether to apply the public interest exception to Buy American requirements, to: (1) consider the short-term and long-term effects of applying such exception on employment in the United States, and (2) determine that preserving or increasing employment in the United States is consistent with the public interest. Requires each federal agency that applies an exception or grants a waiver to Buy American requirements to submit to the Director of the Office of Management and Budget (OMB) a notification of such exception or waiver. Requires the Director to post such notification on the OMB website. Authorizes the Secretary of Defense (DOD) to establish and carry out a program to make or guarantee loans to certain business entities, up to $500,000 per entity, under the Defense Production Act. Specifies eligibility requirements for such entities, including requirements that such an entity is a manufacturer in the United States, is certified as eligible to apply for trade adjustment assistance, and meets criteria relating to the availability of an item.

21st Century Buy American Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Partnership for Academic Success in the States Act'' or the ``PASS Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Pilot program required. Sec. 3. Performance agreements. Sec. 4. Eligible education grant programs. Sec. 5. Maintenance of academic performance standards. Sec. 6. Maintenance of funding levels spent by States on education. Sec. 7. Permissible uses of funds. Sec. 8. Allocation of funds within State. Sec. 9. Administrative expenses. Sec. 10. Equitable participation of private schools. Sec. 11. Fiscal responsibilities. Sec. 12. Annual reports. Sec. 13. Terms of performance agreements. Sec. 14. Modification of performance agreements. Sec. 15. Competitive selection process. Sec. 16. Performance review and early termination. Sec. 17. Awards for reducing achievement gaps. SEC. 2. PILOT PROGRAM REQUIRED. The Secretary of Education shall carry out a pilot program under this Act, to be participated in by up to 10 States. SEC. 3. PERFORMANCE AGREEMENTS. (a) Performance Agreement Required.--For each State participating in the pilot program, the Secretary shall, pursuant to a performance agreement entered into with that State-- (1) grant directly to the State the grant amounts that the State (or any entity within the State, if applicable) would otherwise receive under one or more eligible education grant programs covered by the agreement; and (2) waive the applicability to the State (or any entity within the State, if applicable) of one or more requirements of those programs. (b) Specification of Programs To Be Covered and Requirements to Be Waived.--The performance agreement shall specify the programs covered by the agreement and the requirements to be waived pursuant to the agreement. (c) Requirements That Cannot Be Waived.--The Secretary shall not, pursuant to a performance agreement under this Act, waive any requirement under any of the following provisions of the Elementary and Secondary Education Act of 1965: (1) Section 1111(b) (20 U.S.C. 6311(b); relating to academic standards, academic assessments, and accountability). (2) Section 1111(h) (20 U.S.C. 63111(h); relating to report cards). (3) Section 1116(b)(1)(E) (20 U.S.C. 6316(b)(1)(E); relating to public school choice). SEC. 4. ELIGIBLE EDUCATION GRANT PROGRAMS. For purposes of this Act, the eligible education grant programs are the following: (1) In title I of the Elementary and Secondary Education Act of 1965-- (A) part A (relating to improving basic programs operated by local educational agencies); (B) subpart 3 of part B (relating to William F. Goodling Even Start Family Literacy Programs); (C) part C (relating to education of migratory children); (D) part D (relating to prevention and intervention programs for children and youth who are neglected, delinquent, or at-risk); and (E) part F (relating to comprehensive school reform). (2) In title II of that Act-- (A) part A (relating to teacher and principal training and recruiting fund); and (B) subpart 1 of part D (relating to State and local technology grants). (3) In title III of that Act, part A (relating to English language acquisition, language enhancement, and academic achievement). (4) In title IV of that Act, part A (relating to safe and drug-free schools and communities). (5) In title V of that Act-- (A) part A (relating to innovative programs); and (B) part D (relating to the fund for the improvement of education). (6) In title VII of that Act, part A (relating to Indian education). (7) Sections 115 and 116, and parts B and C of title I, of the Carl D. Perkins Vocational Technical Education Act. (8) Subtitle B of title VII of the McKinney-Vento Homeless Assistance Act. SEC. 5. MAINTENANCE OF ACADEMIC PERFORMANCE STANDARDS. Each State participating in the pilot program shall, throughout the term of the performance agreement-- (1) maintain a uniform level of challenging student academic performance standards and assessments; and (2) demonstrate adequate yearly progress toward achieving those standards. SEC. 6. MAINTENANCE OF FUNDING LEVELS SPENT BY STATES ON EDUCATION. For each State participating in the pilot program, for each school year of the performance agreement, the aggregate amount of funds spent by the State on elementary and secondary education shall be not less than the aggregate amount of funds spent by the State on elementary and secondary education for school year 2007. If a State demonstrates that exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State, prevent the State from complying with this requirement, the Secretary may waive the applicability of this requirement to the State. SEC. 7. PERMISSIBLE USES OF FUNDS. Grant amounts received pursuant to a performance agreement under this Act may be used for any elementary and secondary education purposes permitted by State law, in a manner that advances the education priorities of the State, improves student achievement, and narrows achievement gaps between students. SEC. 8. ALLOCATION OF FUNDS WITHIN STATE. (a) In General.--Grant amounts received pursuant to a performance agreement under this Act shall be distributed within the State as provided by State law, subject to subsection (b). (b) No Reduction in Part A Title I Allocation.--To the extent such grant amounts are derived from part A of title I of the Elementary and Secondary Education Act of 1965, the State shall ensure that, for each local educational agency within the State for each school year, the amount that is allocated to that local educational agency for that school year pursuant to the performance agreement is not less than the amount that was allocated to that local educational agency for school year 2007 pursuant to part A of title I of that Act. If the State cannot comply with this subsection because the total grant amounts derived from part A of title I of that Act are inadequate, the State shall reduce each local educational agency's allocation by a uniform percentage. SEC. 9. ADMINISTRATIVE EXPENSES. A State may use not more than 1 percent of the grant amounts received pursuant to a performance agreement under this Act for administrative expenses. SEC. 10. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Grant amounts received pursuant to a performance agreement under this Act shall be used in a manner that provides for the equitable participation of private schools, and the students and professional staff of such schools. SEC. 11. FISCAL RESPONSIBILITIES. Grant amounts received pursuant to a performance agreement under this Act shall be subject to fiscal control and fund accounting procedures that ensure that those amounts are properly disbursed and accounted for. SEC. 12. ANNUAL REPORTS. (a) In General.--After each school year during which a State has participated in the pilot program, the State shall submit to the Secretary a report on the activities carried out under the performance agreement during that school year. The report shall describe in detail how the State has complied with the performance agreement and with the other requirements of this Act. The State shall ensure that the report is disseminated widely to parents and the general public, distributed to print and broadcast media, and posted on the Internet. (b) Submission to Congress.--Not later than 60 days after the Secretary receives a report under subsection (a), the Secretary shall submit that report to Congress, together with any other information the Secretary considers appropriate. SEC. 13. TERMS OF PERFORMANCE AGREEMENTS. (a) Initial Term.--Each performance agreement under this Act shall apply for an initial term beginning with school year 2008 and ending with school year 2012. (b) Additional Term.--Each such performance agreement may, with the approval of the State and the Secretary entered into before the expiration of the initial term, be extended for an additional term beginning with school year 2013 and ending with school year 2017. The Secretary shall not withhold approval under this subsection if the State has demonstrated the adequate yearly progress required by this Act and has substantially complied with its other obligations under this Act. SEC. 14. MODIFICATION OF PERFORMANCE AGREEMENTS. The terms of a performance agreement may, with the approval of the State and the Secretary, be modified during the term of the performance agreement for school years that have not yet begun. SEC. 15. COMPETITIVE SELECTION PROCESS. The Secretary shall, by regulation, establish a process for the selection of States to participate in the pilot program. The process shall include the following: (1) Application.--To be considered for participation, a State must submit an application to the Secretary in such form, and containing such information, as the Secretary may require. The State must submit the application not later than March 31, 2007, but after that date may modify the application (including the draft performance agreement described in paragraph (2)) with the approval of the Secretary. (2) Proposed performance agreement.--The application must include a draft of the performance agreement that the State proposes to enter into for purposes of the pilot program. (3) Certification of compliance with notice and comment requirements.--The application must include the certification of the Governor of the State that the performance agreement that the State proposes has been developed by the State in accordance with the notice and comment requirements that apply under State law. (4) Selection.--The Secretary shall select States for participation on a competitive basis, using criteria established by the Secretary. Each selection shall be completed not later than June 30, 2007. (5) Entering into performance agreement.--For each State so selected, the Secretary and the State shall enter into the performance agreement proposed by the State. Each performance agreement shall be entered into not later than August 15, 2007. SEC. 16. PERFORMANCE REVIEW AND EARLY TERMINATION. (a) Periodic Review.--For each State participating in the pilot program, the Secretary shall periodically carry out a review to determine whether the State has demonstrated the adequate yearly progress required by this Act and has substantially complied with its other obligations under this Act. (b) Early Termination.--The Secretary may terminate a performance agreement, before the term of that agreement expires, if-- (1) the State does not, for three consecutive school years, demonstrate the adequate yearly progress required by this Act; or (2) the State does not substantially comply with any other obligation under this Act. SEC. 17. AWARDS FOR REDUCING ACHIEVEMENT GAPS. (a) Awards Required.--The Secretary shall make awards to each State that completes the initial term of its performance agreement and, over that term, achieves the reduction described in subsection (b). (b) Reduction.--The reduction referred to in subsection (a) is a reduction by not less than 25 percent, of the difference between the percentage of highest and lowest performing groups of students that meet the State's definition of ``proficient'', as referenced in section 1111(b)(1)(D)(ii)(II) of the Elementary and Secondary Education Act of 1965. The reduction must apply to at least two grade levels and at least two of the following content areas: mathematics, reading, and science. (c) Amount of Award.--The amount of an award under this section shall be not less than 5 percent of the grant amounts received by the State pursuant to the performance agreement for school year 2008. (d) Source of Funds.--Awards under this section are subject to the availability of appropriations and shall be paid from the Fund for the Improvement of Education under part D of title V of the Elementary and Secondary Education Act of 1965.

Partnership for Academic Success in the States Act, or the PASS Act - Directs the Secretary of Education to implement a competitive pilot program, in up to 10 states, under which, pursuant to a performance agreement with each state, the Secretary: (1) directly provides the grant amount that such state would otherwise receive under one or more specified elementary and secondary education grant programs; and (2) waives the applicability of one or more of the requirements of such programs. Allows the Secretary to terminate a state's participation in the pilot program if it fails for three consecutive years to demonstrate adequate yearly progress toward achieving challenging academic performance standards. Requires the equitable participation of private schools in the use of such grants. Provides for awards to states for reducing achievement gaps.

To establish a pilot program under which the Secretary of Education allows selected States to combine certain funds under the Elementary and Secondary Education Act of 1965 to improve the academic achievement of its students.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit for New Cars Act of 2009''. SEC. 2. CREDIT FOR NEW MOTOR VEHICLE PURCHASES. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30E. NEW MOTOR VEHICLES. ``(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 $3,000 with respect to each qualified motor vehicle placed in service by the taxpayer during the taxable year. ``(b) Limitation on Value of Vehicles Taken Into Account.--No credit shall be allowed under subsection (a) with respect to any vehicle the fair market value of which equals or exceeds $40,000 (determined immediately before such vehicle is placed in service by the taxpayer). ``(c) Limitations With Respect to Business Credit.-- ``(1) 50 percent of credit allowed.--50 percent of 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 qualfied motor vehicles 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) Not more than 2 vehicles taken into account.--Not more than 2 qualified motor vehicles may be taken into account under paragraph (1). ``(3) Aggregation rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one person for purposes of the credit determined under this subsection. ``(d) Personal Credit.-- ``(1) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined without regard ot any qualified motor vehicle of a character subject to an allowance for depreciation) shall be treated as a credit allowable under subpart A for such taxable year. ``(2) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined without regard ot any qualified motor vehicle of a character subject to an allowance for depreciation) shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under subpart A (other than this section and sections 23, 25D, 30, and 30D) and section 27 for the taxable year. ``(e) Qualified Motor Vehicle.--For purposes of this section-- ``(1) In general.--The term `qualified motor vehicle' means a motor vehicle-- ``(A) the original use of which commences with the taxpayer, ``(B) which is acquired for use or lease by the taxpayer and not for resale, and ``(C) which is made by a manufacturer, ``(D) the final assembly of which is in the United States, ``(E) which is treated as a motor vehicle for purposes of title II of the Clean Air Act, and ``(F) which has a gross vehicle weight rating of not more than 8,500 pounds. ``(2) Motor vehicle; manufacturer.--The terms `motor vehicle' and `manufacturer' have the meaning given such terms in section 30D(d). ``(f) Special Rules.--For purposes of this section-- ``(1) Reduction in basis.--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 (determined without regard to subsections (c) and (d)). ``(2) No double benefit.--The amount of any deduction or other credit allowable under this chapter for a qualified motor vehicle shall be reduced by the amount of credit allowed under subsection (a) for such vehicle (determined without regard to subsections (c) and (d)). ``(3) Property used by tax-exempt entity.--In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle (determined without regard to subsections (c) and (d)). Property to which this paragraph applies shall be treated for purposes of subsections (c) and (d) as property of a character subject to an allowance for depreciation. ``(4) Property used outside united states not qualified.-- No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). ``(5) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ``(6) Election to not take credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects not to have this section apply to such vehicle. ``(7) Interaction with air quality and motor vehicle safety standards.--Unless otherwise provided in this section, a motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with-- ``(A) the applicable provisions of the Clean Air Act for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and ``(B) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code. ``(g) Termination.--No credit shall be allowed under this section with respect to any vehicle placed in service after December 31, 2009.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the portion of the new motor vehicle credit to which section 30E(c) applies.''. (c) Conforming Amendments.-- (1)(A) Section 24(b)(3)(B) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (B) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``30E,'' after ``30D,''. (C) Section 25B(g)(2) of such Code is amended by striking ``and 30D'' and inserting ``, 30D, and 30E''. (D) Section 26(a)(1) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (E) Section 904(i) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (F) Section 1400C(d)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (2) Section 1016(a) 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 30E(f)(1).''. (3) Section 6501(m) of such Code is amended by inserting ``30E(f)(6),'' after ``30D(e)(4),''. (4) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30E. New motor vehicles.''. (d) Effective Date.--The amendments made by this section shall apply to vehicles acquired after December 31, 2008, in taxable years ending after such date. (e) Application of EGTRRA Sunset.--The amendment made by subsection (c)(1)(A) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.

Credit for New Cars Act of 2009 - Amends the Internal Revenue Code to allow a $3,000 tax credit for the purchase of a qualified motor vehicle through December 31, 2009. Defines "qualified motor vehicle" as a manufactured motor vehicle that complies with emission standards established by the Clean Air Act, that has a gross vehicle weight rating of not more than 8,500 pounds, and that is assembled in the United States. Disqualifies any vehicle that has a fair market value of $40,000 or more.

To amend the Internal Revenue Code of 1986 to provide a credit for the purchase of new motor vehicles.

SECTION 1. PRESERVATION LEASING OF INDIAN LAND. (a) In General.--Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following: ``(u) Preservation Leasing of Indian Land.-- ``(1) Definitions.--In this subsection: ``(A) Indian land.--The term `Indian land' means land owned by, operated by, or otherwise belonging to an Indian tribe. ``(B) Indian tribe.--The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(C) Permitted activity.--The term `permitted activity' means a discharge of dredged or fill material for which a permit is issued under this section. ``(D) Permittee.--The term `permittee' means a person that is issued a permit under this section. ``(E) Preservation lease.--The term `preservation lease' means an agreement under which a permittee leases wetlands or other aquatic sites on Indian land for the sole purpose of preserving the wetlands or other aquatic sites in an undisturbed state during the term of the lease to mitigate for a permitted activity. ``(2) Preservation leasing of indian land.--The Secretary shall allow a permittee to satisfy compensatory mitigation requirements for a permitted activity by entering into a preservation lease with an Indian tribe, if the permitted activity affects wetlands that are located in the same watershed as the Indian land to be leased. ``(3) Term.--In order to satisfy compensatory mitigation requirements, the term of a preservation lease-- ``(A) shall be not less than the life of the permitted activity; and ``(B) shall be adjusted to account for the cessation, in whole or in part, of the impacts caused by the permitted activity. ``(4) Situations in which a permittee ceases to maintain permitted activity.-- ``(A) Permit modifications.--If a permittee enters into a preservation lease with an Indian tribe under this subsection and subsequently ceases to maintain the permitted activity or seeks to abandon the permitted activity without a good faith transfer the permittee shall obtain a permit modification from the Secretary, which may require restoration and rehabilitation of the area. ``(B) Consultation with an indian tribe.--Before making a determination under subparagraph (A) as to whether, and to what degree, restoration and rehabilitation are required, the Secretary shall consult, and fully consider, the position of the Indian tribe that is a party to any preservation lease relating to the permitted activity. ``(C) Restoration and rehabilitation plans.-- ``(i) In general.--If the Secretary determines under subparagraph (A) that restoration and rehabilitation are required, the Secretary may require the permittee to submit to the Secretary and the Indian tribe a plan for conducting the restoration and rehabilitation. ``(ii) Contents.--A restoration and rehabilitation plan submitted under clause (i) shall include, at a minimum, goals and objectives, performance standards, and plans for site treatment, reporting, remedial work, and monitoring to ensure that performance standards are met. ``(D) Reversion of land.--After activities conducted under a restoration and rehabilitation plan submitted under subparagraph (C)(i) have been completed and the hydrological functions and fish and wildlife habitat of the area impacted by the permitted activity have been restored pursuant to the restoration and rehabilitation plan, the land subject to the lease shall revert back to the Indian tribe without restriction.''. (b) Applicability.--The amendment made by subsection (a) shall apply to permits issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.

This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow a permittee under the Act to satisfy compensatory mitigation requirements for discharging dredged or fill material into the waters of the United States (permitted activity) by entering into a preservation lease with an Indian tribe whose wetlands are affected. A preservation lease is an agreement under which a permittee leases wetlands or other aquatic sites on Indian land for the sole purpose of preserving the wetlands or other aquatic sites in an undisturbed state during the term of the lease to mitigate for a permitted activity. The term of the lease may not be less than the life of the permitted activity and must be adjusted to account for the cessation of the impacts caused by such activity. If a permittee enters into a preservation lease and subsequently ceases to maintain the permitted activity, or seeks to abandon the permitted activity without a good faith transfer, the permittee must obtain a permit modification from the U.S. Army Corps of Engineers, which may require restoration and rehabilitation of the area.

A bill to amend the Federal Water Pollution Control Act to allow preservation leasing as a form of compensatory mitigation for discharges of dredged or fill material affecting Indian land, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drunk Driving Repeat Offender Prevention Act of 2013''. SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED DRIVING. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting after section 159 the following: ``Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving ``(a) Definitions.--In this section: ``(1) Alcohol concentration.--The term `alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle in a State while having a blood alcohol concentration of 0.08 percent or greater. ``(3) Ignition interlock device.--The term `ignition interlock device' means an in-vehicle device that requires a driver to provide a breath sample prior to the motor vehicle starting, and that prevents a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit. ``(4) Motor vehicle.-- ``(A) In general.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways. ``(B) Exclusions.--The term `motor vehicle' does not include-- ``(i) a vehicle operated solely on a rail line; or ``(ii) a commercial vehicle. ``(b) Laws Requiring Ignition Interlock Devices.-- ``(1) In general.--Subject to paragraph (2), a State meets the requirements of this subsection if the State has enacted and is enforcing a law that requires throughout the State the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual who is convicted of driving while intoxicated or driving under the influence. ``(2) Exception.--The 180-day period referred to in paragraph (1) for the installation of an ignition interlock device may be reduced to period of not fewer than 90 days, if-- ``(A) the driver's licence of the individual is suspended for a minimum of 180 days as a result of the conviction; and ``(B) the period for the installation of an ignition interlock device begins after the last day of the suspension. ``(c) Withholding of Funds for Noncompliance.-- ``(1) Fiscal year 2016.--On October 1, 2015, the Secretary shall withhold 1 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(2) Fiscal year 2017.--On October 1, 2016, the Secretary shall withhold 3 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(3) Fiscal year 2018 and thereafter.--On October 1, 2017, and on October 1 of each fiscal year thereafter, the Secretary shall withhold 5 percent of the amount required to be apportioned to a State under each of paragraphs (1) and (2) of section 104(b) if the State does not meet the requirements of subsection (b). ``(d) Period of Availability of Withheld Funds; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.--Any funds withheld under subsection (c) from apportionment to a State shall remain available for apportionment to the State until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (c) from apportionment are to remain available for apportionment to a State under paragraph (1), the State meets the requirements of subsection (b), the Secretary shall, on the first day on which the State meets the requirements of subsection (b), apportion to the State the funds withheld under subsection (c) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.--Any funds apportioned pursuant to paragraph (2)-- ``(A) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned; and ``(B) if not apportioned at the end of that period, shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (c) from apportionment are available for apportionment to a State under paragraph (1), the State does not meet the requirements of subsection (b), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for such chapter is amended by inserting after the item relating to section 159 the following: ``Sec. 160. Use of ignition interlock devices to prevent repeat intoxicated driving.''.

Drunk Driving Repeat Offender Prevention Act of 2013 - Directs the Secretary of Transportation (DOT) to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2016-FY2018 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence (having a blood alcohol concentration of 0.08% or greater). Authorizes reduction of the 180-day period to 90 days if: (1) the driver's license is suspended for a minimum of 180 days as a result of the conviction, and (2) the period for installation of an ignition interlock device begins after the last day of the suspension.

Drunk Driving Repeat Offender Prevention Act of 2013

SECTION 1. SMALL AGRI-BIODIESEL PRODUCER CREDIT. (a) In General.--Subsection (a) of section 40A of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) General Rule.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) the biodiesel mixture credit, plus ``(2) the biodiesel credit, plus ``(3) in the case of an eligible small agri-biodiesel producer, the small agri-biodiesel producer credit.''. (b) Small Agri-Biodiesel Producer Credit Defined.--Subsection (b) of section 40A of such Code is amended by adding at the end the following new paragraph: ``(5) Small agri-biodiesel producer credit.-- ``(A) In general.--The small agri-biodiesel producer credit of any eligible small agri-biodiesel producer for any taxable year is 10 cents for each gallon of qualified agri-biodiesel production of such producer. ``(B) Qualified agri-biodiesel production.--For purposes of this paragraph, the term `qualified agri- biodiesel production' means any agri-biodiesel which is produced by an eligible small agri-biodiesel producer, and which during the taxable year-- ``(i) is sold by such producer to another person-- ``(I) for use by such other person in the production of a qualified biodiesel mixture in such other person's trade or business (other than casual off-farm production), ``(II) for use by such other person as a fuel in a trade or business, or ``(III) who sells such agri- biodiesel at retail to another person and places such agri-biodiesel in the fuel tank of such other person, or ``(ii) is used or sold by such producer for any purpose described in clause (i). ``(C) Limitation.-- The qualified agri-biodiesel production of any producer for any taxable year shall not exceed 15,000,000 gallons.''. (c) Definitions and Special Rules.--Section 40A of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Definitions and Special Rules for Small Agri-Biodiesel Producer Credit.--For purposes of this section-- ``(1) Eligible small agri-biodiesel producer.--The term `eligible small agri-biodiesel producer' means a person who, at all times during the taxable year, has a productive capacity for agri-biodiesel not in excess of 60,000,000 gallons. ``(2) Aggregation rule.--For purposes of the 15,000,000 gallon limitation under subsection (b)(5)(C) and the 60,000,000 gallon limitation under paragraph (1), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. ``(3) Partnership, s corporations, and other pass-thru entities.--In the case of a partnership, trust, S corporation, or other pass-thru entity, the limitations contained in subsection (b)(5)(C) and paragraph (1) shall be applied at the entity level and at the partner or similar level. ``(4) Allocation.--For purposes of this subsection, in the case of a facility in which more than 1 person has an interest, productive capacity shall be allocated among such persons in such manner as the Secretary may prescribe. ``(5) Regulations.--The Secretary may prescribe such regulations as may be necessary-- ``(A) to prevent the credit provided for in subsection (a)(3) from directly or indirectly benefiting any person with a direct or indirect productive capacity of more than 60,000,000 gallons of agri-biodiesel during the taxable year, or ``(B) to prevent any person from directly or indirectly benefiting with respect to more than 15,000,000 gallons during the taxable year. ``(6) Allocation of small agri-biodiesel credit to patrons of cooperative.-- ``(A) Election to allocate.-- ``(i) In general.-- In the case of a cooperative organization described in section 1381(a), any portion of the credit determined under subsection (a)(3) for the taxable year may, at the election of the organization, be apportioned pro rata among patrons of the organization on the basis of the quantity or value of business done with or for such patrons for the taxable year. ``(ii) Form and effect of election.--An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. ``(B) Treatment of organizations and patrons.-- ``(i) Organizations.-- The amount of the credit not apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under subsection (a)(3) for the taxable year of the organization. ``(ii) Patrons.--The amount of the credit apportioned to patrons pursuant to subparagraph (A) shall be included in the amount determined under such subsection for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. ``(iii) Special rules for decrease in credits for taxable year.--If the amount of the credit of the organization determined under such subsection for a taxable year is less than the amount of such credit shown on the return of the organization for such year, an amount equal to the excess of-- ``(I) such reduction, over ``(II) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55.''. (d) Small Agri-Biodiesel Credit not a Passive Activity Credit.-- Clause (i) of section 469(d)(2)(A) of such Code, as amended by section 2, is further amended by striking ``section 40(a)(3)'' and inserting ``sections 40(a)(3) and 40A(a)(3)''. (e) Small Agri-Biodiesel Producer Credit not Added Back to Income Under Section 87.--Section 87 of such Code, as amended by section 2, is further amended by striking ``and'' at the end of paragraph (2) and by striking paragraph (3) and inserting the following new paragraphs: ``(3) the biodiesel mixture credit determined with respect to the taxpayer for the taxable year under section 40A(a)(1), and ``(4) the biodiesel credit determined with respect to the taxpayer for the taxable year under section 40A(a)(2).''. (f) Conforming Amendments.-- (1) Paragraph (4) of section 40A(b) of such Code is amended by striking ``this section'' and inserting ``paragraph (1) or (2) of subsection (a)''. (2) The heading of subsection (b) of section 40A of such Code is amended by striking ``and Biodiesel Credit'' and inserting ``, Biodiesel Credit, and Small Agri-Biodiesel Producer Credit''. (3) Paragraph (3) of section 40A(d) of such Code is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Producer credit.--If-- ``(i) any credit was determined under subsection (a)(3), and ``(ii) any person does not use such fuel for a purpose described in subsection (b)(5)(B), then there is hereby imposed on such person a tax equal to 10 cents a gallon for each gallon of such agri- biodiesel.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 2. IMPROVEMENTS TO SMALL ETHANOL PRODUCER CREDIT AND SMALL AGRI- BIODIESEL PRODUCER CREDIT. (a) Definition of Small Ethanol Producer.--Section 40(g) of the Internal Revenue Code of 1986 (relating to definitions and special rules for eligible small ethanol producer credit) is amended by striking ``30,000,000'' each place it appears and inserting ``60,000,000''. (b) Small Ethanol Producer Credit not a Passive Activity Credit.-- Clause (i) of section 469(d)(2)(A) of such Code is amended by striking ``subpart D'' and inserting ``subpart D, other than section 40(a)(3),''. (c) Small Ethanol Producer Credit not Added Back to Income Under Section 87.--Section 87 of such Code (relating to income inclusion of alcohol fuel credit) is amended to read as follows: ``SEC. 87. ALCOHOL FUEL CREDIT. ``Gross income includes-- ``(1) the amount of the alcohol mixture credit determined with respect to the taxpayer for the taxable year under section 40(a)(1), ``(2) the alcohol credit determined with respect to the taxpayer for the taxable year under section 40(a)(2), and ``(3) the biodiesel fuels credit determined with respect to the taxpayer for the taxable year under section 40A(a).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code to revise the tax credit for biodiesel used as fuel to include a credit for the production of agri-biodiesel fuel equal to 10 cents for each gallon produced. Limits: (1) the amount of qualified agri-biodiesel production of a producer to 15 million gallons for any taxable year; and (2) eligible producers to those with a productive capacity not exceeding 60 million gallons. Revises the small ethanol producer tax credit to: (1) expand the eligibility of small ethanol producers for the credit; (2) exclude the credit from the definition of passive activity credit; and (3) exclude credit amounts from inclusion in gross income.

To amend the Internal Revenue Code of 1986 to provide for a small agri-biodiesel producer credit and to improve the small ethanol producer credit.

SECTION 1. SHORT TITLE. This Act may be cited as the ``California Reclaimed Water Act for the 21st Century''. SEC. 2. COORDINATION OF PROJECTS AND PROGRAMS. Section 1602 of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h) is amended by adding at the end the following: ``(e) Coordination With CALFED Bay-Delta Program.-- ``(1) In general.--The Secretary shall coordinate projects under this title with projects and programs under the CALFED Bay-Delta Program referred to in the California Bay-Delta Environmental Enhancement and Water Security Act (division E of Public Law 104-208; 110 Stat. 3009-748). ``(2) Federal expenditures.--The Secretary shall take into account Federal expenditures under this title in making determinations under the CALFED Bay-Delta Program relating to the equitable implementation of ecosystem restoration and water management. ``(f) Compliance With National Environmental Policy Act of 1969.-- Each project under this title shall be carried out in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''. SEC. 3. AUTHORIZATIONS. The Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.) is amended-- (1) by inserting after section 1601 the following: ``Subtitle A--Specific Projects''; (2) by redesignating sections 1631, 1632, 1633, and 1634 (43 U.S.C. 390h-13, 390h-14, 390h-15, 390h-16) as sections 1640, 1671, 1672, and 1631, respectively; (3) by moving section 1631 (as redesignated by paragraph (2)) to follow section 1630; (4) by inserting before section 1671 (as redesignated by paragraph (2)) the following: ``Subtitle B--Studies and Research''; (5) by inserting after section 1631 (as redesignated by paragraph (2)) the following: ``SEC. 1632. CASTAIC LAKE WATER AGENCY RECLAIMED WATER PROJECT. ``(a) In General.--The Secretary, in cooperation with the Castaic Lake Water Agency, California, may participate in the design, planning, and construction of the Castaic Lake Water Agency reclaimed water project, California, to reclaim and reuse wastewater within and outside the service area of the Castaic Lake Water Agency for ecosystem restoration, irrigation, recreational, industrial, and other public purposes. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``SEC. 1633. CLEAR LAKE BASIN WATER REUSE PROJECT. ``(a) In General.--The Secretary, in cooperation with Lake County, California, may participate in the design, planning, and construction of the Clear Lake Basin water reuse project to obtain, store, and use reclaimed wastewater in Lake County for ecosystem restoration, irrigation, recreational, industrial, and other public purposes. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $9,000,000. ``SEC. 1634. SAN RAMON VALLEY RECYCLED WATER PROJECT. ``(a) In General.--The Secretary may provide design and construction assistance for the East Bay Municipal Utility District/ Dublin San Ramon Services District advanced wastewater reuse treatment project, California, for use for ecosystem restoration, irrigation, recreational, industrial, and other public purposes. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. ``(a) In General.--The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional project described in the report submitted under section 1606 to recycle water for ecosystem restoration, irrigation, recreational, industrial, and other public purposes. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``SEC. 1636. SAN PABLO BAYLANDS WATER REUSE PROJECTS. ``(a) In General.--The Secretary, in cooperation with Sonoma, Napa, Marin, and Solano Counties, California, may participate in the design, planning, and construction of water reuse projects, to be known collectively as the `San Pablo Baylands water reuse projects', to obtain, store, and use reclaimed wastewater for ecosystem restoration, irrigation, recreational, industrial, and other public purposes. ``(b) Cost Sharing.--The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``SEC. 1637. CALIFORNIA WATER RECYCLING PROGRAM. ``(a) In General.--The Secretary may provide assistance to the State of California in carrying out projects that receive funding under chapter 7, article 4, of the Safe Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act of the State of California to recycle water for ecosystem restoration, irrigation, recreational, industrial, and other public purposes. ``(b) Agreements.--The Secretary may enter into such agreements as are necessary to carry out this section. ``(c) Cost Sharing.--The Federal share of the cost of a project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Authorization of Appropriations.--Upon approval of the Act referred to in subsection (a), there is authorized to be appropriated to carry out this section $50,000,000. ``SEC. 1638. REGIONAL BRINE LINES. ``(a) In General.-- ``(1) Southern california.--The Secretary, in cooperation with units of local government, may carry out a program under the Federal reclamation laws to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(A) the Salinity Management Study prepared by the Bureau of Reclamation; and ``(B) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(2) San francisco bay and santa clara valley.--The Secretary may carry out a study of, and a program under the Federal reclamation laws to assist water agencies in, projects to construct regional brine lines in the San Francisco Bay area and the Santa Clara Valley area, California. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.-- ``(1) Projects.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(A) 25 percent of the total cost of the project; or ``(B) $50,000,000. ``(2) Study.--The Federal share of the cost of the study described in subsection (a)(2) shall be 50 percent. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ``SEC. 1639. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''; and (6) by inserting after section 1672 (as redesignated by paragraph (2)) the following: ``SEC. 1673. RESEARCH CONCERNING WATER REUSE. ``(a) In General.--The Secretary, in cooperation with the WateReuse Foundation, shall develop and carry out a program to conduct research concerning water reuse in relation to-- ``(1) public health; ``(2) water quality; ``(3) new technology and techniques; ``(4) salt management; ``(5) economics; ``(6) ecosystem restoration; and ``(7) other important matters. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2001 through 2005, to remain available until expended.''. SEC. 4. WEST BASIN COMPREHENSIVE DESALINATION DEMONSTRATION PROGRAM. Section 1605 of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-3) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following: ``(d) West Basin Comprehensive Desalination Demonstration Program.-- ``(1) In general.--The Secretary, in cooperation with the West Basin Municipal Water District, shall participate in the planning, design, and construction of the components of the West Basin Comprehensive Desalination Demonstration Program in Los Angeles County, California. ``(2) Federal share.--The Federal share of the cost of the project described in paragraph (1) shall not exceed 50 percent of the total. ``(3) Limitation.--The Secretary shall not provide funds for the operation or maintenance of the components described in paragraph (1).''. SEC. 5. PROJECT MODIFICATIONS. (a) Los Angeles Area.--Section 1613 of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-11) is amended by striking subsection (b) and inserting the following: ``(b) Water Recycling Project.-- ``(1) In general.--The Secretary may participate in the design, planning, and construction of a water recycling project, to be known as the `City of Los Angeles Water Recycling Program', to reclaim and reuse wastewater within the city of Los Angeles and surrounding area for ecosystem restoration, irrigation, recreational, industrial, and other public purposes. ``(2) Components.--The water recycling project shall consist of-- ``(A) the central city project, a multiphase project that may provide up to 4,000 acre-feet per year of recycled water for ecosystem restoration and for industrial, commercial, and irrigation customers near downtown Los Angeles; and ``(B) the harbor water recycling project, a multiphase project that may provide up to 25,000 acre- feet per year of recycled water to the Los Angeles Harbor area. ``(c) Cost Sharing.-- ``(1) In general.--The Federal share of the cost of the projects described in subsections (a) and (b) shall not exceed 25 percent of the total cost of the projects. ``(2) Maximum federal share.--The Federal share with respect to the water recycling project described in subsection (b) shall not exceed $12,000,000. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a) or (b).''. (b) San Gabriel Basin.--Section 1640(d) of the Reclamation Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h- 13(d)) (as redesignated by section 3(a)(2)) is amended-- (1) in paragraph (1), by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''; (2) in paragraph (2), by inserting ``(other than section 1614)'' after ``this title''; and (3) by adding at the end the following: ``(3) San gabriel basin.--In the case of the project authorized by section 1614, the Federal share of the cost of the project shall not exceed $50,500,000.''. SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. (a) The Reclamation Wastewater and Groundwater Study and Facilities Act is amended-- (1) in section 1640 (43 U.S.C. 390h-13) (as redesignated by section 3(a)(2))-- (A) in subsection (a), by striking ``1630'' and inserting ``1632''; and (B) in subsection (d)(1), by inserting ``(other than sections 1634, 1636, 1637, 1638, and 1639)'' after ``authorized by this title''; (2) in section 1671(c) (43 U.S.C. 390h-14(c)) (as redesignated by section 3(a)(2)), by striking ``section 1633'' and inserting ``section 1672''; and (3) in section 1672 (43 U.S.C. 390h-15) (as redesignated by section 3(a)(2))-- (A) in the section heading, by inserting ``for groundwater study'' before the period; and (B) by striking ``section 1632'' and inserting ``section 1671''. (b) The table of contents in section 2 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. prec. 371; Public Law 102-575) is amended-- (1) by inserting after the item relating to section 1601 the following: ``Subtitle A--Specific Projects''; and (2) by striking the items relating to sections 1631 through 1634 and inserting the following: ``Sec. 1631. Willow Lake Natural Treatment System Project. ``Sec. 1632. Castaic Lake Water Agency reclaimed water project. ``Sec. 1633. Clear Lake Basin water reuse project. ``Sec. 1634. San Ramon Valley recycled water project. ``Sec. 1635. Inland Empire regional water recycling project. ``Sec. 1636. San Pablo Baylands water reuse projects. ``Sec. 1637. California water recycling program. ``Sec. 1638. Regional brine lines. ``Sec. 1639. Lower Chino Dairy Area desalination demonstration and reclamation project. ``Sec. 1640. Authorization of appropriations. ``Subtitle B--Studies and Research ``Sec. 1671. Groundwater study. ``Sec. 1672. Authorization of appropriations for groundwater study. ``Sec. 1673. Research concerning water reuse.''.

Authorizes the Secretary to: (1) participate in the design, planning, and construction of the Castaic Lake Water Agency reclaimed water project, the Clear Lake Basin water reuse project, the Inland Empire regional water recycling project, the San Pablo Baylands water reuse projects, the Lower Chino Area desalination demonstration and reclamation project, the West Basin Comprehensive Desalination Demonstration Program in Los Angeles County, and the City of Los Angeles Water Recycling Program (replaces existing provisions authorizing the Secretary's participation in the Los Angeles area water reclamation and reuse project); (2) provide design and construction assistance for the East Bay Municipal Utility District/Dublin San Ramon Services District advanced wastewater reuse treatment project; (3) provide assistance to California in carrying out projects under the California water recycling program; and (4) carry out programs to assist agencies in projects to construct regional brine lines in the San Francisco Bay and Santa Clara Valley areas and to export the salinity imported from the Colorado River to the Pacific Ocean. Directs the Secretary to carry out a program in cooperation with the Water Reuse Foundation to conduct research concerning water reuse in relation to public health, water quality, new technology, salt management, economics, and ecosystem restoration. Adds a separate Federal cost share limitation with respect to the San Gabriel Basin demonstration project.

California Reclaimed Water Act for the 21st Century

SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Medical School Accountability Fairness Act of 2015''. SEC. 2. PURPOSE. To establish consistent eligibility requirements for graduate medical schools operating outside of the United States and Canada in order to increase accountability and protect American students and taxpayer dollars. SEC. 3. FINDINGS. Congress finds the following: (1) Three for-profit schools in the Caribbean receive more than two-thirds of all Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes to students enrolled at foreign graduate medical schools, despite those three schools being exempt from meeting the same eligibility requirements as the majority of graduate medical schools located outside of the United States and Canada. (2) The National Committee on Foreign Medical Education and Accreditation and the Department of Education recommend that all foreign graduate medical schools should be required to meet the same eligibility requirements to participate in Federal funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) and see no rationale for excluding certain schools. (3) The attrition rate at United States medical schools averaged 3 percent for the class beginning in 2009 while rates at for-profit Caribbean schools have reached 26 percent or higher. (4) In 2013, residency match rates for foreign trained graduates averaged 53 percent compared to 94 percent for graduates of medical schools in the United States. (5) On average, students at for-profit medical schools operating outside of the United States and Canada amass more student debt than those at medical schools in the United States. SEC. 4. REPEAL GRANDFATHER PROVISIONS. Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(2)) is amended-- (1) in subparagraph (A), by striking clause (i) and inserting the following: ``(i) in the case of a graduate medical school located outside the United States-- ``(I) at least 60 percent of those enrolled in, and at least 60 percent of the graduates of, the graduate medical school outside the United States were not persons described in section 484(a)(5) in the year preceding the year for which a student is seeking a loan under part D of title IV; and ``(II) at least 75 percent of the individuals who were students or graduates of the graduate medical school outside the United States or Canada (both nationals of the United States and others) taking the examinations administered by the Educational Commission for Foreign Medical Graduates received a passing score in the year preceding the year for which a student is seeking a loan under part D of title IV;''; and (2) in subparagraph (B)(iii), by adding at the end the following: ``(V) Expiration of authority.--The authority of a graduate medical school described in subclause (I) to qualify for participation in the loan programs under part D of title IV pursuant to this clause shall expire beginning on the first July 1 following the date of enactment of the Foreign Medical School Accountability Fairness Act of 2015.''. SEC. 5. LOSS OF ELIGIBILITY. If a graduate medical school loses eligibility to participate in the loan programs under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the amendments made by section 4, then a student enrolled at such graduate medical school on or before the date of enactment of this Act may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan under such part D while attending such graduate medical school in which the student was enrolled upon the date of enactment of this Act, subject to the student continuing to meet all applicable requirements for satisfactory academic progress, until the earliest of-- (1) withdrawal by the student from the graduate medical school; (2) completion of the program of study by the student at the graduate medical school; or (3) the fourth June 30 after such loss of eligibility.

Foreign Medical School Accountability Fairness Act of 2015 This bill amends the Higher Education Act of 1965 to require all foreign medical schools to meet minimum requirements for percentage of foreign students and for percentage of students passing exams administered by the Educational Commission for Foreign Medical Graduates in order for students to be eligible for William D. Ford Federal Direct Loans. (Currently, the Department of Education may establish alternative standards and certain clinical training programs are grandfathered.) Students continue to be eligible for a loan if, on the date of enactment of this Act, they are enrolled in a foreign medical school that loses eligibility as a result of this Act.

Foreign Medical School Accountability Fairness Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Methane Hydrate Research and Development Reauthorization Act of 2005''. SEC. 2. METHANE HYDRATE RESEARCH AND DEVELOPMENT. The Methane Hydrate Research and Development Act of 2000 (30 U.S.C. 1902 note; Public Law 106-193) is amended to read as follows: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Methane Hydrate Research and Development Act of 2000'. ``SEC. 2. FINDINGS. ``Congress finds that-- ``(1) in order to promote energy independence and meet the increasing demand for energy, the United States will require a diversified portfolio of substantially increased quantities of electricity, natural gas, and transportation fuels; ``(2) according to the report submitted to Congress by the National Research Council entitled `Charting the Future of Methane Hydrate Research in the United States', the total United States resources of gas hydrates have been estimated to be on the order of 200,000 trillion cubic feet; ``(3) according to the report of the National Commission on Energy Policy entitled `Ending the Energy Stalemate--A Bipartisan Strategy to Meet America's Energy Challenge', and dated December 2004, the United States may be endowed with over 1/4 of the methane hydrate deposits in the world; ``(4) according to the Energy Information Administration, a shortfall in natural gas supply from conventional and unconventional sources is expected to occur in or about 2020; and ``(5) the National Academy of Science states that methane hydrate may have the potential to alleviate the projected shortfall in the natural gas supply. ``SEC. 3. DEFINITIONS. ``In this Act: ``(1) Contract.--The term `contract' means a procurement contract within the meaning of section 6303 of title 31, United States Code. ``(2) Cooperative agreement.--The term `cooperative agreement' means a cooperative agreement within the meaning of section 6305 of title 31, United States Code. ``(3) Director.--The term `Director' means the Director of the National Science Foundation. ``(4) Grant.--The term `grant' means a grant awarded under a grant agreement (within the meaning of section 6304 of title 31, United States Code). ``(5) Industrial enterprise.--The term `industrial enterprise' means a private, nongovernmental enterprise that has an expertise or capability that relates to methane hydrate research and development. ``(6) Institution of higher education.--The term `institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)). ``(7) Secretary.--The term `Secretary' means the Secretary of Energy, acting through the Assistant Secretary for Fossil Energy. ``(8) Secretary of commerce.--The term `Secretary of Commerce' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ``(9) Secretary of defense.--The term `Secretary of Defense' means the Secretary of Defense, acting through the Secretary of the Navy. ``(10) Secretary of the interior.--The term `Secretary of the Interior' means the Secretary of the Interior, acting through the Director of the United States Geological Survey, the Director of the Bureau of Land Management, and the Director of the Minerals Management Service. ``SEC. 4. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM. ``(a) In General.-- ``(1) Commencement of program.--Not later than 90 days after the date of the enactment of the Methane Hydrate Research and Development Reauthorization Act of 2005, the Secretary, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of the Interior, and the Director, shall commence a program of methane hydrate research and development in accordance with this section. ``(2) Designations.--The Secretary, the Secretary of Commerce, the Secretary of Defense, the Secretary of the Interior, and the Director shall designate individuals to carry out this section. ``(3) Coordination.--The individual designated by the Secretary shall coordinate all activities within the Department of Energy relating to methane hydrate research and development. ``(4) Meetings.--The individuals designated under paragraph (2) shall meet not later than 180 days after the date of the enactment of the Methane Hydrate Research and Development Reauthorization Act of 2005 and not less frequently than every 180 days thereafter to-- ``(A) review the progress of the program under paragraph (1); and ``(B) coordinate interagency research and partnership efforts in carrying out the program. ``(b) Grants, Contracts, Cooperative Agreements, Interagency Funds Transfer Agreements, and Field Work Proposals.-- ``(1) Assistance and coordination.--In carrying out the program of methane hydrate research and development authorized by this section, the Secretary may award grants to, or enter into contracts or cooperative agreements with, institutions of higher education and industrial enterprises to-- ``(A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a commercially viable source of energy; ``(B) identify methane hydrate resources through remote sensing; ``(C) acquire and reprocess seismic data suitable for characterizing methane hydrate accumulations; ``(D) assist in developing technologies required for efficient and environmentally sound development of methane hydrate resources; ``(E) promote education and training in methane hydrate resource research and resource development through fellowships or other means for graduate education and training; ``(F) conduct basic and applied research to assess and mitigate the environmental impact of hydrate degassing (including both natural degassing and degassing associated with commercial development); ``(G) develop technologies to reduce the risks of drilling through methane hydrates; and ``(H) conduct exploratory drilling, well testing, and production testing operations on permafrost and non-permafrost gas hydrates in support of the activities authorized by this paragraph, including drilling of 1 or more full-scale production test wells. ``(2) Competitive peer review.--Funds made available under paragraph (1) shall be made available based on a competitive process using external scientific peer review of proposed research. ``(c) Methane Hydrates Advisory Panel.-- ``(1) In general.--The Secretary shall establish an advisory panel (including the hiring of appropriate staff) consisting of representatives of industrial enterprises, institutions of higher education, oceanographic institutions, State agencies, and environmental organizations with knowledge and expertise in the natural gas hydrates field, to-- ``(A) assist in developing recommendations and broad programmatic priorities for the methane hydrate research and development program carried out under subsection (a)(1); ``(B) provide scientific oversight for the methane hydrates program, including assessing progress toward program goals, evaluating program balance, and providing recommendations to enhance the quality of the program over time; and ``(C) not later than 2 years after the date of the enactment of the Methane Hydrate Research and Development Reauthorization Act of 2005, and at such later dates as the panel considers advisable, submit to Congress-- ``(i) an assessment of the methane hydrate research program; and ``(ii) an assessment of the 5-year research plan of the Department of Energy. ``(2) Conflicts of interest.--In appointing each member of the advisory panel established under paragraph (1), the Secretary shall ensure, to the maximum extent practicable, that the appointment of the member does not pose a conflict of interest with respect to the duties of the member under this Act. ``(3) Meetings.--The advisory panel shall-- ``(A) hold the initial meeting of the advisory panel not later than 180 days after the date of establishment of the advisory panel; and ``(B) meet biennially thereafter. ``(4) Coordination.--The advisory panel shall coordinate activities of the advisory panel with program managers of the Department of Energy at appropriate national laboratories ``(d) Construction Costs.--None of the funds made available to carry out this section may be used for the construction of a new building or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees). ``(e) Responsibilities of the Secretary.--In carrying out subsection (b)(1), the Secretary shall-- ``(1) facilitate and develop partnerships among government, industrial enterprises, and institutions of higher education to research, identify, assess, and explore methane hydrate resources; ``(2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; ``(3) ensure that the data and information developed through the program are accessible and widely disseminated as needed and appropriate; ``(4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; ``(5) report annually to Congress on the results of actions taken to carry out this Act; and ``(6) ensure, to the maximum extent practicable, greater participation by the Department of Energy in international cooperative efforts. ``SEC. 5. NATIONAL RESEARCH COUNCIL STUDY. ``(a) Agreement for Study.--The Secretary shall offer to enter into an agreement with the National Research Council under which the National Research Council shall-- ``(1) conduct a study of the progress made under the methane hydrate research and development program implemented under this Act; and ``(2) make recommendations for future methane hydrate research and development needs. ``(b) Report.--Not later than September 30, 2009, the Secretary shall submit to Congress a report containing the findings and recommendations of the National Research Council under this section. ``SEC. 6. REPORTS AND STUDIES FOR CONGRESS. ``The Secretary shall provide to the Committee on Science of the House of Representatives and the Committee on Energy and Natural Resources of the Senate copies of any report or study that the Department of Energy prepares at the direction of any committee of Congress. ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary to carry out this Act, to remain available until expended-- ``(1) $15,000,000 for fiscal year 2006; ``(2) $20,000,000 for fiscal year 2007; ``(3) $30,000,000 for fiscal year 2008; ``(4) $50,000,000 for fiscal year 2009; and ``(5) $50,000,000 for fiscal year 2010.''.

Methane Hydrate Research and Development Reauthorization Act of 2005 - Amends the Methane Hydrate Research and Development Act of 2000 to reauthorize the methane hydrate research and development program through FY 2010. Extends the current grant, contract, and cooperative agreement program to research to: (1) identify methane hydrate resources through remote sensing; and (2) acquire and reprocess seismic data suitable for characterizing methane hydrate accumulations. Instructs the Secretary to establish an advisory panel consisting of representatives of industrial enterprises, institutions of higher education, oceanographic institutions, State agencies, and environmental organizations with knowledge and expertise in the natural gas hydrates field. Requires the Secretary to offer to enter into an agreement with the National Research Council for a new report to Congress on program progress and recommendations by the end of FY 2009.

A bill to amend the Methane Hydrate Research and Development Act of 2000 to reauthorize that Act and to promote the research, identification, assessment, exploration, and development of methane hydrate resources.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio and Concert Disclosure and Competition Act of 2005''. SEC. 2. DISCLOSURE REGULATIONS. (a) Modification of Regulations.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall modify its regulations under sections 317 and 507 of the Communications Act of 1934 (47 U.S.C. 317 and 508), to prohibit the licensee or permittee of any radio station, including any employee or affiliate of such licensee or permittee, from receiving money, services, or other valuable consideration, whether directly or indirectly, from a record company, recording artist, concert promoter, music promoter, or music publisher, or an agent or representative thereof, unless the licensee or permittee discloses at least monthly the receipt of such money, services, or other consideration to the Federal Communications Commission (in this Act referred to as the ``Commission'') and the public in a manner that the Commission shall specify. (2) Exception.--The Commission in modifying its regulations as required under paragraph (1) may create an exception to the prohibition described under paragraph (1) for-- (A) transactions provided at nominal cost; or (B) paid broadcasting disclosed under section 317 of the Communications Act of 1934 (47 U.S.C. 317), if the monthly disclosure described in paragraph (1) includes the proportion of total airplay considered paid broadcasting. (b) Playlist.--The monthly disclosure by a radio station licensee or permittee required under subsection (a) shall include a list of songs and musical recordings aired during the disclosure period, indicating the artist, record label, and number of times the song was aired. SEC. 3. ARM'S LENGTH TRANSACTIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall modify its regulations under sections 317 and 507 of the Communications Act of 1934 (47 U.S.C. 317 and 508), to require that all transactions between a licensee or permittee of any radio station, including any employee or affiliate of such licensee or permittee, and a record company, recording artist, concert promoter, music promoter, or music publisher, or an agent or representative thereof, shall be conducted at an arm's length basis with any such transaction reduced to writing and retained by the licensee or permittee for the period of the license term or 5 years, whichever is greater. (b) Records.--A record of each transaction described under subsection (a) shall be-- (1) made available upon request to-- (A) the Commission; and (B) any State enforcement agency; and (2) subject to a random audit by the Commission to ensure compliance on a basis to be determined by the Commission. (c) Exemption.--The Commission may create an exemption to the record keeping requirement described in subsection (b)-- (1) for a transaction that is of a nominal value; and (2) for a radio station that is a small business, as recognized by the Commission and established by the Small Business Administration under section 121 of title 13, Code of Federal Regulations, if the Commission determines that such record keeping poses an undue burden to that small business. SEC. 4. COMPETITION REGULATIONS. Not later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall modify its regulations under sections 317 and 507 of the Communications Act of 1934 (47 U.S.C. 317 and 508), to accomplish the following: (1) General prohibition.--To prohibit the licensee of any radio station, including any parent, subsidiary, or affiliated entity of such licensee, from using its control over any non- advertising matter broadcast by such licensee to extract or receive money or any other form of consideration, whether directly or indirectly, from a record company, artist, concert promoter, or any agent or representative thereof. (2) Radio station concerts.-- (A) In general.--To prohibit a licensee or permittee of a commercial radio station, or affiliate thereof, from-- (i) engaging, receiving, making an offer for, or directly profiting from concert services of any musician or recording artist unless the licensee or permittee does not discriminate, in whole or in part, about the broadcast of non-advertising matter, including any sound recording, by that particular artist upon whether or not that artist performs at the radio station affiliated concert; and (ii) engaging or receiving concert services of any musician or recording artist unless the licensee or permittee provides the musician or recording artist with compensation for such services at the fair market value for the performance. (B) Definition.--For purposes of subparagraph (A), the term ``fair market value'' shall include such factors as-- (i) the rate typically charged by the musician or recording artist for a concert of the size being put on for the station; (ii) the expenses of the musician or recording artist to travel to, and perform at, the concert location; and (iii) the length of the performance in relation to the standard duration for a concert by the musician or recording artist. (C) Limitations and exclusions.--The provisions of this paragraph shall not-- (i) prohibit consideration for the concert services being made in the form of promotional value, cash, or a combination of both; or (ii) apply to-- (I) a radio station that is a small business, as recognized by the Commission and established by the Small Business Administration under section 121 of title 13, Code of Federal Regulations; (II) in-studio live interviews and performances; or (III) concerts whose proceeds are intended and provided for charitable purposes. (3) Radio and concert cross-ownership.-- (A) In general.--To prohibit a licensee or permittee of a radio station, or affiliate thereof, from owning or controlling a concert promoter or venue primarily used for live concert performances. (B) Waiver.--The Commission may waive the prohibition required under subparagraph (A) if-- (i) the Commission determines that because of the nature of the cross-ownership and market served-- (I) the affected radio station, concert promoter, or venue would be subjected to undue economic distress or would not be economically viable if such provisions were enforced; and (II) the anti-competitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the needs of the community to be served; and (ii) the affected radio station, concert promoter, or venue demonstrates to the Commission that decisions regarding the broadcast of matter, including any sound recording, will be made at arm's length and not based, in whole or in part, upon whether or not the creator, producer, or promoter of such matter engages the services of the licensee or permittee, or an affiliate thereof. SEC. 5. REVIEW OF TRANSACTIONS. (a) In General.--Upon petition by a musician, recording artist, or interested party, the Commission shall review any transaction entered into under section 3 or section 4. (b) Copy of Petition.--A copy of any petition submitted to Commission under subsection (a) shall be provided by the person filing such petition to the licensee or permittee, or musician or recording artist, as applicable. (c) Public Disclosure.--If the Commission, after reviewing a petition submitted under subsection (a) finds a transaction violated any provision of this paragraph or section 3, the Commission shall publicly, after all parties have had a reasonable opportunity to comment, disclose its finding and grant appropriate relief. SEC. 6. PENALTIES. The regulations promulgated under sections 2, 3 and 4 shall set forth appropriate penalties for violations including an immediate hearing before the Commission upon the issuance of a notice of apparent liability or violation, with possible penalties to include license revocation. SEC. 7. REPORT. Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Commission shall issue a report to Congress and the public that-- (1) summarizes the disclosures made by licensees and permittees as required under section 2; (2) summarizes the audits conducted by the Commission as required under section 3(b)(2); (3) summarizes the cross-ownership waivers, if any, awarded by the Commission under section 4(3)(B); (4) evaluates ownership concentration and market power in the radio industry in a manner similar to the most recent in the discontinued series of FCC reports, ``Radio Industry Review 2002: Trends in Ownership, Format, and Finance''; and (5) describes any violations of section 2, 3, or 4, and penalty proceedings under section 6, and includes recommendations for any additional statutory authority the Commission determines would improve compliance with regulations issued under this Act. SEC. 8. LICENSE REVOCATION. Section 312(a) of the Communications Act of 1934 (47 U.S.C. 312) is amended-- (1) in paragraph (6), by striking ``; or'' and inserting a semicolon; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(8) for violation of or failure to follow any regulation established in accordance with section 2, 3, 4, or 6 of the Radio and Concert Disclosure and Competition Act of 2005.''. SEC. 9. INCREASED MAXIMUM PENALTIES. (a) Penalties for Disclosure of Payments to Individuals Connected With Broadcasts.--Section 507(g)(1) of the Communications Act of 1934 (47 U.S.C. 508(g)(1)) is amended by striking ``$10,000'' and inserting ``$50,000''. (b) Penalties for Prohibited Practices in Contests of Knowledge, Skill, or Chance.--Section 508(c)(1) of the Communications Act of 1934 (47 U.S.C. 509(c)(1)) is amended-- (1) by striking ``$10,000'' and inserting ``$50,000''; and (2) by inserting ``, for each violation'' before the period.

Radio and Concert Disclosure and Competition Act of 2005 - Directs the Federal Communications Commission (FCC) to modify its regulations concerning disclosure of payments made to broadcasters to prohibit the licensee or permittee (licensee) of any radio station from receiving money or other valuable consideration from a record company, recording artist, or music promoter or publisher (music representative) unless the licensee discloses at least monthly to the FCC and the public the receipt of such money or consideration. Directs the FCC to: (1) require that all transactions between a licensee and a music representative be conducted at an arm's length basis, reduced to writing, and retained at least five years; and (2) review any such transaction upon petition. Directs the FCC to prohibit a licensee from: (1) using its control over any non-advertising matter in a broadcast to extract or receive money from a music representative; (2) engaging or receiving concert services from a musician or recording artist unless the licensee does not discriminate about the broadcast of non-advertising matter and provides fair compensation for the services; or (3) owning or controlling a concert promoter or a venue used primarily for live performances. Authorizes license revocations for violations of this Act. Increases maximum penalties for nondisclosure of payments made in connection with broadcasts.

A bill to promote transparency and reduce anti-competitive practices in the radio and concert industries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``White Bluffs Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The White Bluffs, located on the Columbia River from river mile 354 to river mile 376 in the State of Washington, are a scenic example of pristine landscapes that should be protected. (2) The White Bluffs have been eroding at a more rapid rate since the construction of the Columbia Basin Project by the Bureau of Reclamation. (3) Federal and local officials have identified the erosive action of the Columbia River and return flows associated with the Columbia Basin Project as two of the factors contributing to the movement of ancient landslide masses in the White Bluffs area. (4) The movement of large landslide masses of the White Bluffs may change the course of the Columbia River to some degree, damaging the opposite south shore and degrading the quality of Columbia River water by slide debris and aggradation of the Columbia River channel downstream, both of which could endanger salmon spawning grounds of the Hanford Reach. (5) The largest, closest source of Columbia Basin Project water to the White Bluffs is the product of two canal wasteways. (6) These two canal wasteways can be modified to reduce the standing water above the White Bluffs. SEC. 3. ACTIONS BY BUREAU OF RECLAMATION TO PROTECT WHITE BLUFFS, WASHINGTON. (a) Wasteway Modifications.--The Secretary of the Interior, acting through the Bureau of Reclamation-- (1) may construct a channel for the Wahluke Branch 10 Wasteway of the Columbia Basin Project, that will effectively drain all standing water above the White Bluffs within the Wahluke Slope Habitat Management Area, Washington; and (2) may take such steps as are necessary to eliminate the White Bluffs Wasteway. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior, to remain available until expended-- (1) $4,000,000 to carry out subsection (a)(1); and (2) $1,000,000 to carry out subsection (a)(2). SEC. 4. STUDY OF THE WAHLUKE SLOPE. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Secretary of the Interior shall enter into an agreement with the National Academy of Sciences to conduct a study of the land use options for the land owned by the Department of Energy within the Hanford Reservation known as Wahluke Slope in the State of Washington. (b) Study Contents.--The study under subsection (a) shall include the following: (1) Examination of the potential environmental, economic, and cultural impacts of various land use options for the Wahluke Slope region, such as agriculture (including grazing, mining, and farming), industry, recreation, specific preservation, and use as a buffer zone for the Department of Energy's radioactive waste management efforts. (2) Review of existing land use plans, environmental impact studies, and scientific and technical literature. (3) Convening of workshops, as necessary, to assess the following impacts (positive or negative) for each option: (A) The impact on current water rights, future water needs, and water management alternatives. (B) The impact on habitat and federally protected species. (C) The impact on the White Bluffs. (D) The impact on the local economy. (E) The Impact of existing archeological resources. (c) Report.-- (1) In general.--Not later than 2 years after the date on which the Secretary of the Interior enters into the agreement under subsection (a), the National Academy of Sciences shall submit a report concerning the study to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. (2) Use of previous studies.--The report under paragraph (1) may be based in part on, but may not be limited to, the work and scope of previous studies, including any of the following: (A) The Hanford Reach of the Columbia River comprehensive conservation study and environmental impact statement. (B) The Hanford Reach protection and management program's interim action plan. (C) The study known as the ``Red Zone'' study. (D) The Hanford remedial action and land use. (E) The Wahluke 2000 proposal. (F) The Nature Conservancy biological inventories. (3) Requirement.--The report under paragraph (1) shall set forth the findings, conclusions, and recommendations of the National Academy of Sciences regarding future land use options, including the need for any congressional action. (d) Suspension of Changes in Management or Use of Wahluke Slope.-- No change may be made in the management or use of the Wahluke Slope before the expiration of the one-year period beginning on the date of the submission of the report under subsection (c). (e) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of the Interior $600,000 for the study under this section.

Directs the Secretary to enter into an agreement with the National Academy of Sciences to study and report to specified congressional committees on the land use options for the Wahluke Slope. Prohibits any change in the management or use of the Slope until one year after submission of such report. Authorizes appropriations.

White Bluffs Protection Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. (a) Short Title.--This Act may be cited as the ``Catalyst to Better Diabetes Care Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Diabetes screening collaboration and outreach program. Sec. 3. Advisory group regarding employee wellness and disease management best practices. Sec. 4. National Diabetes Report Card. Sec. 5. Improvement of vital statistics collection. Sec. 6. Study on appropriate level of diabetes medical education. (c) Findings.--The Congress finds as follows: (1) Diabetes is a chronic public health problem in the United States that is getting worse. (2) According to the Centers for Disease Control and Prevention: (A) One in 3 Americans born in 2000 will get diabetes. (B) One in 2 Hispanic females born in 2000 will get diabetes. (C) 1,500,000 new cases of diabetes were diagnosed in adults in 2005. (D) In 2005, 20,800,000 Americans had diabetes, which is 7 percent of the population of the United States. (E) 6,200,000 Americans are currently undiagnosed. (F) African-Americans are nearly twice as likely as whites to have diabetes. (G) Nearly 13 percent of American Indians and Alaska Natives over 20 years old have diagnosed diabetes. (H) In States with significant Asian populations, Asians were 1.5 to 2 times as likely as whites to have diagnosed diabetes. (3) Diabetes carries staggering costs: (A) In 2002, the total amount of the direct and indirect costs of diabetes was estimated at $132,000,000,000. (B) 18 percent of the Medicare population has diabetes but spending on this group consumes 32 percent of the Medicare budget. (4) Diabetes is deadly. According to the Centers for Disease Control and Prevention: (A) In 2002, diabetes contributed to 224,092 deaths. (B) Diabetes is likely to be seriously underreported as studies have found that only 35 percent to 40 percent of decedents with diabetes had it listed anywhere on the death certificate and only about 10 percent to 15 percent had it listed as the underlying cause of death. (5) Diabetes complications carry staggering economic and human costs for our country and health system: (A) Diabetes contributes to over 224,000 deaths a year. (B) The risk for stroke is 2 to 4 times higher among people with diabetes. (C) Diabetes is the leading cause of new blindness in America, causing approximately 18,000 new cases of blindness each year. (D) Diabetes is the leading cause of kidney failure in America, accounting for 44 percent of new cases in 2002. (E) In 2002, 44,400 Americans with diabetes began treatment for end-stage kidney disease and a total of 153,730 were living on chronic dialysis or with a kidney transplant as a result of their diabetes. (F) In 2002, approximately 82,000 amputations were performed on Americans with diabetes. (G) Poorly controlled diabetes before conception and during the first trimester of pregnancy can cause major birth defects in 5 percent to 10 percent of pregnancies and spontaneous abortions in 15 percent to 20 percent of pregnancies. (6) Diabetes is unique because many of its complications and tremendous costs are largely preventable through early detection, better education on diabetes self-management, and improved delivery of available medical treatment: (A) According to the Agency for Healthcare Research and Quality, appropriate primary care for diabetes complications could have saved the Medicare and Medicaid programs $2,500,000,000 in hospital costs in 2001 alone. (B) According to the Diabetes Prevention Project sponsored by the National Institutes of Health, lifestyle interventions such as diet and moderate physical activity for those with prediabetes reduced the development of diabetes by 58 percent; among Americans aged 60 and over, lifestyle interventions reduced diabetes by 71 percent. (C) Research shows detecting and treating diabetic eye disease can reduce the development of severe vision loss by 50 percent to 60 percent. (D) Research shows comprehensive foot care programs can reduce amputation rates by 45 percent to 85 percent. (E) Detecting and treating early diabetic kidney disease by lowering blood pressure can reduce the decline in kidney function by 30 percent. SEC. 2. DIABETES SCREENING COLLABORATION AND OUTREACH PROGRAM. (a) Establishment.--With respect to diabetes screening tests and for the purposes of reducing the number of undiagnosed seniors with diabetes or prediabetes, the Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in collaboration with the Director of the Centers for Disease Control and Prevention (referred to in this section as the ``Director''), shall-- (1) review uptake and utilization of diabetes screening benefits to identify and address any existing problems with regard to utilization and data collection mechanisms; (2) establish an outreach program to identify existing efforts by agencies and by the private and nonprofit sectors to increase awareness among seniors and providers of diabetes screening benefits; and (3) maximize cost effectiveness in increasing utilization of diabetes screening benefits. (b) Consultation.--In carrying out this section, the Secretary and the Director shall consult with-- (1) various units of the Federal Government, including the Centers for Medicare & Medicaid Services, the Surgeon General of the Public Health Service, the Agency for Healthcare Research and Quality, the Health Resources and Services Administration, and the National Institutes of Health; and (2) entities with an interest in diabetes, including industry, voluntary health organizations, trade associations, and professional societies. SEC. 3. ADVISORY GROUP REGARDING EMPLOYEE WELLNESS AND DISEASE MANAGEMENT BEST PRACTICES. (a) Establishment.--The Secretary of Health and Human Services shall establish an advisory group consisting of representatives of the public and private sector. The advisory group shall include representatives from the Department of Commerce, the Department of Health and Human Services, the Small Business Administration, and public and private sector entities with experience in administering and operating employee wellness and disease management programs. (b) Duties.--The advisory group established under subsection (a) shall examine and make recommendations of best practices of employee wellness and disease management programs in order to-- (1) provide public and private sector entities with improved information in assessing the role of employee wellness and disease management programs in saving money and improving quality of life for patients with chronic illnesses; and (2) encourage the adoption of effective employee wellness and disease management programs. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the advisory group established under subsection (a) shall submit to the Secretary of Health and Human Services the results of the examination under subsection (b)(1). SEC. 4. NATIONAL DIABETES REPORT CARD. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in collaboration with the Director of the Centers for Disease Control and Prevention (referred to in this section as the ``Director''), shall prepare on a biennial basis a national diabetes report card (referred to in this section as a ``Report Card'') and, to the extent possible, for each State. (b) Contents.-- (1) In general.--Each Report Card shall include aggregate health outcomes related to individuals diagnosed with diabetes and prediabetes including-- (A) preventative care practices and quality of care; (B) risk factors; and (C) outcomes. (2) Updated reports.--Each Report Card that is prepared after the initial Report Card shall include trend analysis for the Nation and, to the extent possible, for each State, for the purpose of-- (A) tracking progress in meeting established national goals and objectives for improving diabetes care, costs, and prevalence (including Healthy People 2010); and (B) informing policy and program development. (c) Availability.--The Secretary, in collaboration with the Director, shall make each Report Card publicly available, including by posting the Report Card on the Internet. SEC. 5. IMPROVEMENT OF VITAL STATISTICS COLLECTION. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention and in collaboration with appropriate agencies and States, shall-- (1) promote the education and training of physicians on the importance of birth and death certificate data and how to properly complete these documents, including the collection of such data for diabetes and other chronic diseases; (2) encourage State adoption of the latest standard revisions of birth and death certificates; and (3) work with States to re-engineer their vital statistics systems in order to provide cost-effective, timely, and accurate vital systems data. (b) Death Certificate Additional Language.--In carrying out this section, the Secretary may promote improvements to the collection of diabetes mortality data, including the addition of a question for the individual certifying the cause of death regarding whether the deceased had diabetes. SEC. 6. STUDY ON APPROPRIATE LEVEL OF DIABETES MEDICAL EDUCATION. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall, in collaboration with the Institute of Medicine and appropriate associations and councils, conduct a study of the impact of diabetes on the practice of medicine in the United States and the appropriateness of the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit a report on the study under subsection (a) to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committees on Finance and Health, Education, Labor, and Pensions of the Senate.

Catalyst to Better Diabetes Care Act of 2007 - Requires the Secretary of Health and Human Services (the Secretary) to: (1) review uptake and utilization of diabetes screening benefits to identify and address problems with utilization and data collection mechanisms; (2) establish an outreach program to identify existing efforts to increase awareness among seniors and providers of such benefits; and (3) maximize cost-effectiveness in increasing utilization of such benefits. Requires the Secretary of Health and Human Services to establish an advisory group to examine and recommend best practices of employee wellness and disease management programs. Directs the Secretary to prepare, biennially, a diabetes report card for the nation and for each state. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) promote the education and training of physicians on how to properly complete birth and death certificates and the importance of such data; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems to provide cost-effective, timely, and vital systems data. Allows the Secretary to promote improvements to the collection of diabetes mortality data. Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification.

A bill to catalyze change in the care and treatment of diabetes in the United States.

SECTION 1. ENTRIES OF CERTAIN HIGH-DENSITY FIBERBOARD-CORE, LAMINATE PANELS EXCEEDING 0.8 GRAMS PER CUBIC CENTIMETER ENTERED FROM 2001 THROUGH 2002. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the Bureau of Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate the entries described in subsection (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad valorem. (b) Request.--Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request is filed with the Bureau of Customs and Border Protection not later than 90 days after the date of the enactment of this Act. (c) Refund of Amounts Owed.--Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry described in subsection (d) (including interest from the date of entry) shall be refunded not later than 90 days after the date of such liquidation or reliquidation. (d) Affected Entries.--The entries referred to in subsection (a) are as follows: Entry number Date of entry 101-6067581-4........................ 12/06/01 101-6072768-0........................ 12/17/01 101-6076465-9........................ 12/26/01 101-6078268-5........................ 12/28/01 112-9204436-8........................ 11/08/01 112-9207122-1........................ 11/14/01 112-9212066-3........................ 11/23/01 112-9217748-1........................ 11/29/01 112-9222234-5........................ 12/07/01 112-9222322-8........................ 12/14/01 112-9232908-2........................ 12/28/01 101-6042267-0........................ 10/20/01 101-6046215-5........................ 10/26/01 101-6049709-4........................ 11/01/01 101-6053384-9........................ 11/08/01 101-6056568-4........................ 11/15/01 101-6060617-3........................ 11/26/01 101-6065845-5........................ 12/04/01 101-4318096-5........................ 08/30/01 101-6019565-6........................ 08/31/01 101-6024049-4........................ 09/14/01 101-6027091-3........................ 09/20/01 101-6032267-2........................ 10/01/01 101-6033874-4........................ 10/05/01 101-6038184-3........................ 10/12/01 112-9029349-6........................ 03/10/01 112-9015640-4........................ 02/20/01 112-8980633-1........................ 01/30/01 112-9029854-5........................ 03/19/01 112-8971889-0........................ 01/13/01 112-8965535-7........................ 01/09/01 112-8970083-1........................ 01/09/01 AN9-0023828-6........................ 12/21/01 AN9-0023712-2........................ 12/14/01 AN9-0021265-3........................ 04/21/01 AN9-0023459-0........................ 11/27/01 AN9-0021028-5........................ 03/27/01 AN9-0020680-4........................ 03/08/01 AN9-0020627-5........................ 02/27/01 AN9-0023628-0........................ 12/10/01 112-9244755-3........................ 01/24/02 101-6089106-4........................ 01/24/02 112-9228782-7........................ 12/23/01 112-9102227-4........................ 06/24/01 112-9107614-8........................ 07/02/01 112-9114175-1........................ 07/05/01 112-9125239-2........................ 07/14/01 112-9132858-0........................ 07/28/01 112-9147711-4........................ 08/22/01 112-9157821-8........................ 09/08/01 112-9237227-2........................ 01/05/02 112-9166917-3........................ 09/16/01 112-9177774-5........................ 10/01/01 112-9178097-0........................ 09/29/01 112-9182039-6........................ 10/06/01 112-9183096-5........................ 10/13/01 112-9186179-6........................ 10/19/01 112-9196504-3........................ 10/27/01 112-9199438-1........................ 11/03/01 112-9199781-4........................ 11/05/01 112-9206482-0........................ 11/16/01 112-9208738-3........................ 11/16/01 112-9214038-0........................ 11/30/01 112-9214117-2........................ 11/25/01 112-9226168-1........................ 12/15/01 112-9055805-4........................ 04/21/01 112-9066463-9........................ 05/06/01 112-9071158-8........................ 05/12/01 112-9076192-2........................ 05/19/01 112-9082389-6........................ 05/26/01 112-9086554-1........................ 06/02/01 112-9097310-5........................ 06/16/01 112-9230980-3........................ 12/23/01 112-9237490-6........................ 01/04/02 101-6100047-5........................ 02/16/02 112-9259037-8........................ 02/16/02 112-9252990-5........................ 02/08/02 101-6108076-6........................ 02/27/02 112-9265107-1........................ 02/21/02 101-6104454-9........................ 02/22/02 112-9260622-4........................ 02/21/02 101-6107515-4........................ 02/28/02 112-9267793-6........................ 02/28/02 112-9268578-0........................ 03/07/02 101-6115432-2........................ 03/14/02 101-6115850-5........................ 03/14/02 101-6115854-7........................ 03/14/02 112-9273372-1........................ 03/14/02 101-6123042-9........................ 03/28/02 112-9281901-7........................ 03/28/02 101-6127822-0........................ 04/05/02 112-9285248-9........................ 04/04/02 112-9290639-2........................ 04/11/02 112-9251613-4........................ 02/02/02 112-9251643-1........................ 02/02/02 112-9255395-4........................ 02/09/02 AN9-0024441-7........................ 03/04/02 AN9-0024512-5........................ 03/09/02 112-9270377-3........................ 03/09/02 112-9266286-2........................ 02/25/02 112-9269399-0........................ 03/02/02 112-9256164-3........................ 02/18/02

Directs the Bureau of Customs and Border Protection to provide for the liquidation or reliquidation of certain entries relating to high-density fiberboard-core, laminate panels exceeding 0.8 grams per cubic centimeter entered from 2001 through 2002.

A bill to A bill to provide for the liquidation or reliquidation of certain entries relating to high-density fiberboard-core, laminate panels exceeding 0.8 grams per cubic centimeter entered from 2001 through 2002.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Labor Union Slowdowns Act of 2015'' or the ``PLUS Act''. SEC. 2. DETERRING LABOR SLOWDOWNS. (a) Amendments to the National Labor Relations Act.--The National Labor Relations Act is amended-- (1) in section 1 (29 U.S.C. 151), by adding at the end the following: ``International trade is one of the most important components of the economy of the United States and will likely continue to grow in the future. In order to remain competitive in an increasingly competitive global economy, it is essential that the United States possess a highly efficient and reliable public and private transportation network. The ports of the United States are an increasingly important part of such transportation network. Experience has demonstrated that frequent and periodic disruptions to commerce in the maritime industry in the form of deliberate and unprotected labor slowdowns at the ports of the United States have led to substantial and frequent economic disruption and loss, interfering with the free flow of domestic and international commerce and threatening the economic health of the United States, as well as its citizens and businesses. Such frequent and periodic disruptions to commerce in the maritime industry hurt the reputation of the United States in the global economy, cause the ports of the United States to lose business, and represent a serious and burgeoning threat to the financial health and economic stability of the United States. It is hereby declared to be the policy of the United States to eliminate the causes and mitigate the effects of such disruptions to commerce in the maritime industry and to provide effective and prompt remedies to individuals injured by such disruptions.''; (2) in section 2 (29 U.S.C. 152), by adding at the end the following: ``(15) The term `employee engaged in maritime employment' has the meaning given the term `employee' in section 2(3) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 902(3)). ``(16) The term `labor slowdown'-- ``(A) includes any intentional effort by employees to reduce productivity or efficiency in the performance of any duty of such employees; and ``(B) does not include any such effort required by the good faith belief of such employees that an abnormally dangerous condition exists at the place of employment of such employees.''; (3) in section 8(b) (29 U.S.C. 158(b)), by adding at the end the following: ``(8) in representing, or seeking to represent, employees engaged in maritime employment, to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect.''; (4) in section 9 (29 U.S.C. 159), by adding at the end the following: ``(f) Effect of Labor Slowdowns.--If a labor organization has been found, pursuant to a final order of the Board, to have violated section 8(b)(8), the Board shall-- ``(1) revoke the exclusive recognition or certification of the labor organization, which shall immediately cease to be entitled to represent the employees in the bargaining unit of such labor organization; or ``(2) take other appropriate disciplinary action.''; and (5) in section 10(l) (29 U.S.C. 160(l)), in the first sentence, by striking ``or section 8(b)(7)'' and inserting ``or paragraph (7) or (8) of section 8(b)''. (b) Amendment to the Labor Management Relations Act, 1947.--Section 303 of the Labor Management Relations Act, 1947 (29 U.S.C. 187) is amended-- (1) in subsection (a), by striking ``in section 8(b)(4)'' and inserting ``under paragraph (4) or (8) of section 8(b)''; (2) in subsection (b), by inserting ``, including reasonable attorney fees for a violation under section 8(b)(8) of the National Labor Relations Act (29 U.S.C. 158(b)(8))'' before the period; and (3) by adding at the end the following: ``(c) In an action for damages resulting from a violation of section 8(b)(8) of the National Labor Relations Act (29 U.S.C. 158(b)(8)), it shall not be a defense that the injured party has, in any manner, waived, or purported to waive, the right of such party to pursue monetary damages relating to the labor slowdown at issue-- ``(1) in connection with a contractual grievance alleging a violation of a clause prohibiting a strike, or a similar clause, in a collective-bargaining agreement; or ``(2) in connection with an action for a breach of such a clause under section 301.''.

Preventing Labor Union Slowdowns Act of 2015 or the PLUS Act This bill amends the National Labor Relations Act and the Labor Management Relations Act, 1947 to make it an unlawful labor practice for a labor organization or its agents while representing, or seeking to represent, employees engaged in maritime employment to engage in a labor slowdown at any time, including when a collective-bargaining agreement is in effect. In cases where a labor organization has committed a violation, the National Labor Relations Board shall: revoke the organization's exclusive recognition or certification to represent the employees in the bargaining unit, or take other appropriate disciplinary action.

PLUS Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2017''. SEC. 2. EXTENSION OF TEMPORARY OFFICE OF BANKRUPTCY JUDGES IN CERTAIN JUDICIAL DISTRICTS. (a) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 2005.--Section 2(a)(2) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is amended-- (1) in subparagraph (A), by striking ``and (H)'' and inserting ``(H), (I), and (J)''; (2) in subparagraph (C)-- (A) in clause (i), by striking ``6'' and inserting ``11''; and (B) in clause (ii), by striking ``5'' and inserting ``10''; (3) in subparagraph (D)(i), by striking ``6'' and inserting ``11''; (4) by striking subparagraph (E) and inserting the following: ``(E) District of maryland.--The 1st, 2d, and 3d vacancies in the office of a bankruptcy judge for the district of Maryland-- ``(i) in the case of the 1st and 2d vacancies, occurring more than 5 years after the date of the enactment of this Act, ``(ii) in the case of the 3d vacancy, occurring more than 10 years after the date of enactment of this Act, and ``(iii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled..''; (5) in subparagraph (F)(i), by striking ``6'' and inserting ``11''; (6) in subparagraph (G)(i), by striking ``6'' and inserting ``11''; (7) in subparagraph (H)(i), by striking ``6'' and inserting ``11''; and (8) by adding at the end the following: ``(I) District of nevada.--The 1st vacancy in the office of a bankruptcy judge for the district of Nevada-- ``(i) occurring more than 10 years after the date of the enactment of this Act, and ``(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. ``(J) Eastern district of north carolina.--The 1st vacancy in the office of a bankruptcy judge for the eastern district of North Carolina-- ``(i) occurring more than 10 years after the date of the enactment of this Act, and ``(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled.''. (b) Temporary Office of Bankruptcy Judges Authorized by the Bankruptcy Judgeship Act of 1992.--Section 2(b)(2) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is amended-- (1) in subparagraph (A)(i), by striking ``5'' and inserting ``10''; and (2) in subparagraph (B)(i), by striking ``5'' and inserting ``10''. SEC. 3. TEMPORARY OFFICE OF BANKRUPTCY JUDGE AUTHORIZED. (a) Appointments.--The following bankruptcy judges shall be appointed in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of that title: (1) Two additional bankruptcy judges for the district of Delaware. (2) One additional bankruptcy judge of the middle district of Florida. (3) One additional bankruptcy judge for the eastern district of Michigan. (b) Vacancies.-- (1) District of delaware.--The 6th and 7th vacancies in the office of a bankruptcy judge for the district of Delaware-- (A) occurring more than 10 years after the date of enactment of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (2) Middle district of florida.--The 1st vacancy in the office of a bankruptcy judge for the middle district of Florida-- (A) occurring more than 5 years after the date of enactment of this Act; and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. (3) Eastern district of michigan.--The 2d vacancy in the office of a bankruptcy judge for the eastern district of Michigan-- (A) occurring more than 11 years after the date of enactment of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121); and (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be filled. SEC. 4. BANKRUPTCY FEES. (a) Amendments to Title 28 of the United States Code.--Section 1930(a)(6) of title 28, United States Code, is amended-- (1) by striking ``(6) In'' and inserting ``(6)(A) Except as provided in subparagraph (B), in''; and (2) by adding at the end the following: ``(B) During each of fiscal years 2018 through 2022, if the balance in the United States Trustee System Fund as of September 30 of the most recent full fiscal year is less than $200,000,000, the quarterly fee payable for a quarter in which disbursements equal or exceed $1,000,000 shall be the lesser of 1 percent of such disbursements or $250,000.''. (b) Deposits of Certain Fees for Fiscal Years 2018 Through 2022.-- Notwithstanding section 589a(b) of title 28, United States Code, for each of fiscal years 2018 through 2022-- (1) 98 percent of the fees collected under section 1930(a)(6) of such title shall be deposited as offsetting collections to the appropriation ``United States Trustee System Fund'', to remain available until expended; and (2) 2 percent of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury. (c) Application of Amendments.--The amendments made by this section shall apply to quarterly fees payable under section 1930(a)(6) of title 28, United States Code, as amended by this section, for disbursements made in any calendar quarter that begins on or after the date of enactment of this Act. SEC. 5. CLARIFICATION OF RULE ALLOWING DISCHARGE TO GOVERNMENTAL CLAIMS ARISING FROM THE DISPOSITION OF FARM ASSETS UNDER CHAPTER 12 BANKRUPTCIES. (a) In General.--Subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``Sec. 1232. Claim by a governmental unit based on the disposition of property used in a farming operation ``(a) Any unsecured claim of a governmental unit against the debtor or the estate that arises before the filing of the petition, or that arises after the filing of the petition and before the debtor's discharge under section 1228, as a result of the sale, transfer, exchange, or other disposition of any property used in the debtor's farming operation-- ``(1) shall be treated as an unsecured claim arising before the date on which the petition is filed; ``(2) shall not be entitled to priority under section 507; ``(3) shall be provided for under a plan; and ``(4) shall be discharged in accordance with section 1228. ``(b) For purposes of applying sections 1225(a)(4), 1228(b)(2), and 1229(b)(1) to a claim described in subsection (a) of this section, the amount that would be paid on such claim if the estate of the debtor were liquidated in a case under chapter 7 of this title shall be the amount that would be paid by the estate in a chapter 7 case if the claim were an unsecured claim arising before the date on which the petition was filed and were not entitled to priority under section 507. ``(c) For purposes of applying sections 523(a), 1228(a)(2), and 1228(c)(2) to a claim described in subsection (a) of this section, the claim shall not be treated as a claim of a kind specified in subparagraph (A) or (B) of section 523(a)(1). ``(d)(1) A governmental unit may file a proof of claim for a claim described in subsection (a) that arises after the date on which the petition is filed. ``(2) If a debtor files a tax return after the filing of the petition for a period in which a claim described in subsection (a) arises, and the claim relates to the tax return, the debtor shall serve notice of the claim on the governmental unit charged with the responsibility for the collection of the tax at the address and in the manner designated in section 505(b)(1). Notice under this paragraph shall state that the debtor has filed a petition under this chapter, state the name and location of the court in which the case under this chapter is pending, state the amount of the claim, and include a copy of the filed tax return and documentation supporting the calculation of the claim. ``(3) If notice of a claim has been served on the governmental unit in accordance with paragraph (2), the governmental unit may file a proof of claim not later than 180 days after the date on which such notice was served. If the governmental unit has not filed a timely proof of the claim, the debtor or trustee may file proof of the claim that is consistent with the notice served under paragraph (2). If a proof of claim is filed by the debtor or trustee under this paragraph, the governmental unit may not amend the proof of claim. ``(4) A claim filed under this subsection shall be determined and shall be allowed under subsection (a), (b), or (c) of section 502, or disallowed under subsection (d) or (e) of section 502, in the same manner as if the claim had arisen immediately before the date of the filing of the petition.''. (b) Technical and Conforming Amendments.-- (1) In general.--Subchapter II of chapter 12 of title 11, United States Code, is amended-- (A) in section 1222(a)-- (i) in paragraph (2), by striking ``unless--'' and all that follows through ``the holder'' and inserting ``unless the holder''; (ii) in paragraph (3), by striking ``and'' at the end; (iii) in paragraph (4), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(5) subject to section 1232, provide for the treatment of any claim by a governmental unit of a kind described in section 1232(a).''; (B) in section 1228-- (i) in subsection (a)-- (I) in the matter preceding paragraph (1)-- (aa) by inserting a comma after ``all debts provided for by the plan''; and (bb) by inserting a comma after ``allowed under section 503 of this title''; and (II) in paragraph (2), by striking ``the kind'' and all that follows and inserting ``a kind specified in section 523(a) of this title, except as provided in section 1232(c).''; and (ii) in subsection (c)(2), by inserting ``, except as provided in section 1232(c)'' before the period at the end; and (C) in section 1229(a)-- (i) in paragraph (2), by striking ``or'' at the end; (ii) in paragraph (3), by striking the period at the end and inserting ``; or''; and (iii) by adding at the end the following: ``(4) provide for the payment of a claim described in section 1232(a) that arose after the date on which the petition was filed.''. (2) Table of sections.--The table of sections for subchapter II of chapter 12 of title 11, United States Code, is amended by adding at the end the following: ``1232. Claim by a governmental unit based on the disposition of property used in a farming operation.''. (c) Effective Date.--The amendments made by this section shall apply to-- (1) any bankruptcy case-- (A) that is pending on the date of enactment of this Act; (B) in which the plan under chapter 12 of title 11, United States Code, has not been confirmed on the date of enactment of this Act; and (C) relating to which an order of discharge under section 1228 of title 11, United States Code, has not been entered; and (2) any bankruptcy case that commences on or after the date of enactment of this Act. Passed the Senate September 5, 2017. Attest: Secretary. 115th CONGRESS 1st Session S. 1107 _______________________________________________________________________ AN ACT To amend title 28, United States Code, to authorize the appointment of additional bankruptcy judges, and for other purposes.

Bankruptcy Judgeship Act of 2017 (Sec. 2) This bill reauthorizes 14 temporary bankruptcy judgeships in specified judicial districts in Delaware, Florida, Maryland, Michigan, Puerto Rico, Virginia, Nevada, and North Carolina. (Sec. 3) It authorizes the appointment of four additional temporary bankruptcy judges in Delaware, Florida, and Michigan. (Sec. 4) The bill amends the federal judicial code to increase the quarterly fee imposed on certain chapter 11 (reorganization) debtors. Specifically, if the balance in the U.S. Trustee System Fund is less than $200 million, then a debtor with total quarterly disbursements of $1 million or more must pay a quarterly fee equal to $250,000 or 1% of disbursements, whichever is less. It also specifies that for FY2018-FY2022, 98% of the quarterly fees collected must be deposited as offsetting collections to the U.S. Trustee System Fund and 2% must be deposited in the general fund of the Treasury. (Sec. 5) This section amends the federal bankruptcy code to include an unsecured claim by a governmental unit (e.g., a tax claim by the Internal Revenue Service) resulting from the sale, transfer, exchange, or disposition of farming property in chapter 12 bankruptcy (family farmer or fisherman reorganization) proceedings. Such a claim that arises before a debtor's discharge, regardless of whether the claim is pre-petition or post-petition, must be treated as a pre-petition claim, is not entitled to priority status, must be provided for under the bankruptcy plan, and is dischargeable.

Bankruptcy Judgeship Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Israel Anti-Tunnel Defense Cooperation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Hamas, Hezbollah, and the Palestinian Islamic Jihad are United States-designated terrorist organizations. (2) Designated Palestinian terrorist organizations have killed hundreds of Israelis and dozens of Americans in rocket attacks and suicide bombings. (3) Hamas has used underground tunnels to Israel and Egypt to smuggle weapons, money, and supplies into Gaza and to send members of Hamas out of Gaza for training and to bring trainers in to Gaza to teach Hamas how to manufacture rockets and build better tunnels. Tunnels in Gaza have also been used as underground rocket launching sites, weapons caches, bunkers, transportation networks and command and control centers. (4) In 2006, Hamas kidnapped Israeli soldier Gilad Shalit through a tunnel and held him for five years. (5) The Israel Defense Forces discovered 32 tunnels during the conflict with Hamas in the summer of 2014, 14 of which crossed into Israel. (6) Hamas intentionally uses civilians as human shields by placing its underground tunnel network in densely populated areas and schools, hospitals, and mosques. (7) Hamas's placement of explosive material in its vast network of tunnels in Gaza has caused civilian casualties through secondary and tertiary explosions. (8) While the unemployment rate in Gaza is at 38 percent, it is estimated that Hamas spends $3,000,000 per tunnel. (9) United Nations Secretary-General Ban Ki-moon said he was ``shocked by the tunnels used for the infiltration of terrorists''. (10) Hamas has claimed to be rebuilding tunnels in Gaza after the war with Israel in the summer of 2014. (11) Hezbollah has used underground tunnels in southern Lebanon to move Hezbollah fighters and to launch attacks. (12) The Palestinian Islamic Jihad claims to be digging new tunnels on the Gaza border. Israel has a right to defend itself from the violence of Palestinian terrorist groups, including the violence that is facilitated through terrorist tunnel networks. (13) The United States is working cooperatively with the Government of Israel to develop technologies to detect and destroy tunnels penetrating the territory of Israel. SEC. 3. ASSISTANCE TO ISRAEL TO ESTABLISH AN ANTI-TUNNELING DEFENSE SYSTEM. (a) In General.--The President, upon request of the Government of Israel and acting through the Secretary of Defense and the Secretary of State, is authorized to carry out research, development, and test activities on a joint basis with Israel to establish an anti-tunneling defense system to detect, map, and destroy underground tunnels from Gaza to the territory of Israel or other countries that share a border with Gaza. (b) Certification.--None of the funds authorized to be appropriated to carry out this Act may be obligated or expended to carry out subsection (a) until the President, acting through the Secretary of Defense and the Secretary of State, certifies to Congress the following: (1) The President has finalized a memorandum of understanding or other formal agreement between the United States and Israel regarding sharing of research and development costs for the system described in subsection (a). (2) The understanding or agreement-- (A) requires sharing of costs of projects, including the cost of claims, between the United States and Israel on an equitable basis unless the President determines, on a case-by-case basis, the Government of Israel is unable to contribute on an equitable basis; (B) requires the designation of payment of non- recurring engineering costs in connection with the establishment of a capacity for co-production in the United States; (C) establishes a framework to negotiate the rights to any intellectual property developed under the cooperative research and development projects; and (D) requires the Department of Defense to receive quarterly reports on expenditure of funds by the Government of Israel, including a description of what the funds have been used for, when funds were expended, and an identification of entities that expended the funds. (c) Assistance.--The President, upon request of the Government of Israel and acting through the Secretary of Defense and the Secretary of State, is authorized to provide assistance to Israel for the procurement, maintenance, and sustainment of an anti-tunneling system described in subsection (a). SEC. 4. REPORTS. (a) Initial Report.--The President shall submit to Congress a report that contains a copy of the memorandum of understanding or other formal agreement between the United States and Israel as described in section 3(b)(1). (b) Quarterly Reports.--The President, acting through the Secretary of Defense and the Secretary of State, shall submit to Congress a quarterly report that contains a copy of the most-recent quarterly report provided by the Government of Israel to the Department of Defense pursuant to section 3(b)(2)(D). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Of the funds authorized to be appropriated for fiscal year 2016 for procurement, defense-wide activities and for research, development, test, and evaluation of the Department of Defense, $200,000,000 is authorized to be appropriated to the President to carry out this Act.

United States-Israel Anti-Tunnel Defense Cooperation Act This bill authorizes the President, upon request of the government of Israel, and acting through the Secretary of Defense and the Secretary of State, to: carry out research, development, and test activities on a joint basis with Israel to establish an anti-tunneling defense system to detect, map, and destroy underground tunnels from Gaza to the territory of Israel or other countries that share a border with Gaza; and provide assistance to Israel for an anti-tunneling system. None of the funds authorized to be appropriated to carry out this Act may be obligated or expended until the President, acting through the Secretary of Defense and the Secretary of State, makes specified certifications to Congress regarding: fund use by Israel, sharing of research and development costs, and the rights to any intellectual property developed under the cooperative research and development projects.

United States-Israel Anti-Tunnel Defense Cooperation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Incarceration Responsibility (FAIR) Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) violent criminals often serve only a portion of the terms of imprisonment to which they are sentenced; (2) a significant proportion of the most serious crimes of violence committed in the United States are committed by criminals who have been released early from a term of imprisonment to which they were sentenced for a prior conviction for a crime of violence; (3) violent criminals who are released before the expiration of the term of imprisonment to which they were sentenced often travel to other States to commit subsequent crimes of violence; (4) crimes of violence and the threat of crimes of violence committed by violent criminals who are released from prison before the expiration of the term of imprisonment to which they were sentenced affect tourism, economic development, use of the interstate highway system, federally owned or supported facilities, and other commercial activities of individuals; and (5) the policies of one State regarding the early release of criminals sentenced in that State for a crime of violence often affect the citizens of other States, who can influence those policies only through Federal law. (b) Purpose.--The purpose of this Act is to require States to bear the responsibility for the consequences of releasing violent criminals from custody before the expiration of the full term of imprisonment to which they are sentenced. SEC. 3. ELIGIBILITY FOR VIOLENT OFFENDER INCARCERATION GRANTS. Section 20103(a) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13703(a)) is amended-- (1) by striking ``the State has implemented'' and inserting the following: ``the State-- ``(1) has implemented''; (2) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(2) has enacted and implemented a State law providing that a victim (or in the case of a homicide, the family of the victim) of a crime of violence (as defined in section 16 of title 18, United States Code) shall have a Federal cause of action in any district court of the United States against the State for the recovery of actual (not punitive) damages (direct and indirect) resulting from the crime of violence, if the individual convicted of committing the crime of violence-- ``(A) had previously been convicted by the State of a crime of violence committed on a different occasion than the crime of violence at issue; ``(B) was released before serving the full term of imprisonment to which the individual was sentenced for that offense; and ``(C) committed the subsequent crime of violence at issue before the original term of imprisonment described in subparagraph (B) would have expired.''. SEC. 4. ELIGIBILITY FOR TRUTH-IN-SENTENCING INCENTIVE GRANTS. Section 20104 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13704) is amended-- (1) by striking ``85 percent'' each place that term appears and inserting ``100 percent''; and (2) by adding at the end the following: ``(c) Waiver of Sovereign Immunity.--Notwithstanding subsection (a), in addition to the requirements of that subsection, to be eligible to receive a grant award under this section, each application submitted under subsection (a) shall demonstrate that the State has enacted and implemented, a State law providing that a victim (or in the case of a homicide, the family of the victim) of a crime of violence (as defined in section 16 of title 18, United States Code) shall have a Federal cause of action in any district court of the United States against the State for the recovery of actual (not punitive) damages (direct and indirect) resulting from the crime of violence, if the individual convicted of committing the crime of violence-- ``(1) had previously been convicted by the State of a crime of violence committed on a different occasion than the crime of violence at issue; ``(2) was released before serving the full term of imprisonment to which the individual was sentenced for that offense; and ``(3) committed the subsequent crime of violence at issue before the original term of imprisonment described in paragraph (2) would have expired.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 3 years after the date of enactment of this Act.

Fairness and Incarceration Responsibility (FAIR) Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for a violent offender incarceration grant, to have enacted and implemented a State law (victim damages law) providing that a victim (or in the case of a homicide, the family of the victim) of a crime of violence have a Federal cause of action in any U.S. district court against the State for the recovery of actual (but not punitive) damages resulting from the crime of violence, if the individual convicted of committing such crime: (1) had previously been convicted by the State of a crime of violence; (2) was released before serving the full sentence for that offense; and (3) committed the subsequent crime of violence at issue before the original term of imprisonment would have expired. (Sec. 4) Amends such Act to provide a State, to be eligible for a truth-in-sentencing incentive grant, to demonstrate that the State has: (1) implemented truth-in-sentencing laws that require or result in persons convicted of a part 1 violent crime serving 100 percent of the sentence imposed (currently, 85 percent); and (2) enacted and implemented a victim damages law.

Fairness and Incarceration Responsibility (FAIR) Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Coast Guard Commemorative Coin Act of 2017''. SEC. 2. FINDINGS. The Congress finds that-- (1) the United States Coast Guard was founded on August 4, 1790, as the Revenue Cutter Service under the United States Department of the Treasury; (2) Congress created the Coast Guard on January 28, 1915, by merging the Revenue Cutter Service and the United States Lifesaving Service, which was moved to the Department of Transportation in 1967, and on February 25, 2003, became part of the Department of Homeland Security; (3) although the smallest of the uniformed services, today the United States Coast Guard conducts a wide variety of missions to protect the public, the environment, and the United States economic and security interests in any maritime region, including international waters and coasts, ports, and inland waterways in the United States; (4) every day, the United States Coast Guard plays a broad and important role in homeland security, law enforcement, search and rescue, marine environmental pollution response, and the maintenance of river, intracoastal, and offshore aids to navigation; (5) the United States Coast Guard is the oldest seagoing military service in the United States, staying true to their motto, ``Semper Paratus'' or ``Always Ready'', for 225 years; (6) the United States Coast Guard is supported by over 50,000 active duty, reserve, and civilian personnel, who in 2015 responded to 16,400 search and rescue cases saving 3,500 lives, conducted 20,775 waterborne patrols of critical maritime infrastructure, escorted over 1,955 high-capacity passenger vessels, conducted nearly 8,600 security boardings in and around U.S. ports, removed $4,900,000,000 worth of illegal drugs, interdicted 6,000 undocumented migrants attempting to illegally enter the United States, and maintained 47,000 navigation aids that support $3,200,000,000,000 in economic activity on the waterways of the United States; (7) section 213 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat. 1037) stated that the ``Commandant may establish a National Coast Guard Museum, on lands which will be federally owned and administered by the Coast Guard, and are located in New London, Connecticut, at, or in close proximity to, the Coast Guard Academy''; (8) the National Coast Guard Museum Association, a nonprofit association dedicated to improve public understanding of the history, service and missions of the Coast Guard, is working with the United States Coast Guard, the City of New London, the State of Connecticut, and a range of local, regional, and national stakeholders to develop, plan and raise capital for the National Coast Guard Museum, to be located in New London, Connecticut; and (9) the United States Coast Guard is the only military service without a national museum through which to share its history and legacy with the American public. SEC. 3. 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 at least 90 percent silver. (3) Half dollar clad coins.--Not more than 750,000 half dollar coins, which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins, contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COIN. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the traditions, history, and heritage of the United States Coast Guard, and the role of the United States Coast Guard in securing the United States since 1790. (2) Designations 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 ``2020''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', ``E Pluribus Unum'', and ``Semper Paratus''. (b) Selection.--The design for the coins minted under this Act shall-- (1) contain motifs that specifically honor the United States Coastguardsman of both today and yesterday, in wartime and in peace, such designs to be consistent with the traditions and heritage of the United States Coast Guard, the mission and goals of the National Coast Guard Museum, and the missions and goals of the National Coast Guard Museum Association; (2) be selected by the Secretary, after consultation with the Secretary of Homeland Security, the National Coast Guard Museum Association, and the Commission of Fine Arts; and (3) be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facilities.--For each of the 3 coins minted under this Act, at least 1 facility of the United States Mint shall be used to strike proof quality coins, while at least 1 other such facility shall be used to strike the uncirculated quality coins. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2020. 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 section 7(a) 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. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Coast Guard Museum Association to help finance the design, construction, operations, and maintenance of the National Coast Guard Museum. (c) Audits.--The National Coast Guard Museum Association shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

United States Coast Guard Commemorative Coin Act of 2017 This bill directs the Department of the Treasury to mint and issue in commemoration of the U.S. Coast Guard: (1) $5 gold coins, (2) $1 silver coins, and (3) half-dollar clad coins. The design of such coins shall be emblematic of the traditions, history, and heritage of the Coast Guard and its role in securing the United States since 1790. The bill prescribes certain design requirements. The issuance of such coins is restricted to the one-year period beginning on January 1, 2020. The bill prescribes the sale price of the coins and coin surcharges. Surcharges shall be paid by Treasury to the National Coast Guard Museum Association to help finance the design, construction, operations, and maintenance of this museum. Treasury shall ensure that minting and issuing coins under this bill will not result in any net cost to the federal government.

United States Coast Guard Commemorative Coin Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Science Integrity Act''. SEC. 2. PEER REVIEW REQUIREMENT. (a) In General.--Not later than January 1, 1999, the head of each Federal department or agency which issues or may issue regulations supported by scientific data shall issue regulations under this section establishing procedures to ensure that the acquisition, interpretation, incorporation, and application of all such scientific data is subject to peer review by at least 2 but not more than 5 individuals from the list created pursuant to subsection (b). (b) List of Peer Reviewers.--The head of each Federal department or agency which issues or may issue regulations supported by scientific data shall create, using the Federal Register, scientific and commercial journals, the National Academy of Sciences, and other similar resources, a list of individuals who are qualified and willing to perform peer review functions for the department or agency. Such list shall include only individuals who-- (1) by virtue of advanced education, training, or avocational, academic, commercial, research, or other experience, are competent to review the appropriateness of any scientific methodology supporting regulations that the department or agency may issue, the validity of any conclusions drawn from the supporting data, and the competency of the research or preparation of the scientific data; and (2) are not otherwise employed by or under contract with the department or agency. (c) Selection of Peer Reviewers.--The head of each department or agency shall select individuals from the list created pursuant to subsection (b) to peer review each proposed regulation of the department or agency that is supported by scientific data. No individual shall be selected who-- (1) has actively participated in advocating or opposing the issuance of the proposed regulation; (2) has a direct financial interest in the proposed regulation; or (3) is employed by or related to any person having a direct financial interest in the proposed regulation. (d) Provision of Scientific Data to Peer Reviewers.--Peer reviewers selected under subsection (c) shall be provided with all scientific data used in support of the proposed regulation, and any other related data requested by the peer reviewer that is reasonably available to the department or agency. (e) Expenses.--Peer reviewers selected under subsection (c) shall be reimbursed by the department or agency for expenses directly incurred in performing the peer review, but shall not otherwise be compensated for performing the peer review. (f) Availability for Public Comment.--Upon receipt of all peer review reports for a proposed regulation, the head of a department or agency shall publish in the Federal Register a notice of the availability of those reports, and the scientific data reviewed therein, for public comment. The department or agency shall make such reports and scientific data readily available upon request and shall receive public comment thereon for a period of 60 days after the publication of notice in the Federal Register. (g) Review by Office of Regulations Integrity.--Within 30 days after the completion of a public comment period described in subsection (f), the head of a department or agency shall transmit to the Office of Regulations Integrity established under section 3-- (1) each peer review report; (2) all scientific data used in support of the proposed regulation or requested by a peer reviewer; (3) the response of the head of the department or agency to points of disagreement, if any, among the peer reviewers; and (4) all public comments received. The proposed regulation may not be issued in final form until 30 days after the transmittal under this subsection. Any recommendations of the Office of Regulations Integrity in response to a transmittal under this subsection shall be provided to the department or agency, the President, and the Congress. (h) Final Issuance.--The publication of a final regulation peer reviewed under this section shall include a summary of the related peer review reports and any points of disagreement among the peer reviewers, and the response of the head of the department or agency to the peer review reports. (i) Emergency Exception.--Regulations issued under subsection (a) shall include provisions that permit the issuance of regulations supported by scientific data in emergency circumstances without peer review, on the condition that peer review be completed within 90 days after such issuance. SEC. 3. OFFICE OF REGULATIONS INTEGRITY. (a) Establishment.--There is established an Office of Regulations Integrity (in this section referred to as the ``Office''). (b) Duties.--The duties of the Office shall be-- (1) to review regulations issued by each department or agency under section 2(a), and if the Office determines that such regulations do not represent the expert opinions of a majority of the scientists who will be carrying out peer reviews under section 2, or that such regulations are inadequate or inappropriate in any respect, to notify the department or agency, the President, and the Congress; (2) to transmit to the President and the Congress an annual report on the performance of each department or agency in complying with its regulations issued under section 2(a); and (3) to review regulations issued by a department or agency with supporting scientific data, if the Office has reason to believe the regulations were issued, or the scientific data was acquired, interpreted, incorporated, or applied, in a manner significantly inconsistent with the regulations issued by the department or agency under section 2(a), and if the Office finds the issuance, acquisition, interpretation, incorporation, or application to be inconsistent with the regulations issued by the department or agency under section 2(a), to notify the department or agency, the President, and the Congress. (c) Access to Information.--The Office shall be provided access by a department or agency to information required for carrying out a review under subsection (b). (d) Director.-- (1) Appointment.--The Office shall have a Director, who shall be appointed by the President, subject to confirmation by the Senate, for a term of 1 year. (2) Qualifications.--The Director shall be a person with a scientific background, in good standing in the scientific community. (3) Basic pay.--The Director shall be paid at a rate not to exceed the rate of basic pay for level III of the Executive Schedule, under section 5314 of title 5, United States Code. (e) Staff.--The professional staff of the Office shall be persons with scientific backgrounds, in good standing in the scientific community. (f) Administrative Support.--The Office of Management and Budget shall provide such administrative support as the Office established under this section requires, but the Director of the Office of Management and Budget shall have no responsibilities with respect to carrying out the duties of the Office under this section. SEC. 4. DEFINITION OF PEER REVIEW. For purposes of this Act, the term ``peer review'' means identifying technical or scientific deficiencies of a proposal, assessing whether the methodology and analysis supporting a proposal conform to the standards of the academic and scientific community, and determining whether a proposal is supported by sufficient credible evidence.

Science Integrity Act - Requires each Federal agency that issues or may issue regulations supported by scientific data, not later than January 1999, to issue regulations establishing procedures to ensure that the acquisition, interpretation, incorporation, and application of all such scientific data is subject to peer review by at least two but not more than five individuals from a list of peer reviewers created pursuant to this Act. Directs the head of each such agency to: (1) create, using the Federal Register, scientific and commercial journals, the National Academy of Sciences, and other similar resources, a list of specified individuals who are qualified and willing to perform peer review functions for the agency; and (2) select individuals from the list to peer review each proposed regulation of the agency that is supported by scientific data. Requires the head of an agency, upon receipt of all peer review reports for a proposed regulation, to publish in the Federal Register a notice of availability of those reports, and the scientific data reviewed therein, for public comment. Requires the head of an agency, within 30 days after the completion of the public comment period, to transmit to the Office of Regulations Integrity established under this Act: (1) each peer review report; (2) all scientific data used in support of the proposed regulation or requested by a peer reviewer; (3) the response of the head of the agency to points of disagreement among the peer reviewers; and (4) all public comments received. Prohibits the proposed regulation from being issued in final form until 30 days after transmittal. Requires any recommendations of the Office in response to a transmittal to be provided to the agency, the President, and the Congress. Requires regulations issued establishing peer review procedures to include emergency exception provisions. Establishes an Office of Regulations Integrity to: (1) review regulations issued by each Federal agency establishing peer review procedures, and if the Office determines that such regulations do not represent the expert opinions of a majority of the scientists who will be carrying out peer reviews, or that such regulations are inadequate or inappropriate, to notify the agency, the President, and the Congress; (2) transmit to the President and the Congress an annual report on each agency's performance in complying with its peer review regulations; and (3) review regulations issued by an agency with supporting scientific data, if the Office has reason to believe such regulations were issued, or the scientific data were acquired, interpreted, incorporated, or applied in a manner significantly inconsistent with the peer review regulations issued by the agency, and if the Office finds these procedures to be inconsistent with such regulations, to notify the agency, the President, and the Congress.

Science Integrity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Commission on Professional Baseball Act of 1995''. SEC. 2. ESTABLISHMENT. There is hereby established the National Commission on Professional Baseball (hereafter in this Act referred to as the ``Commission''). SEC. 3. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of seven members, all of whom shall be appointed by the President. The President shall appoint-- (1) one member after consultation with the owners of Major League Baseball; (2) one member after consultation with the Major League Baseball Players Association; (3) one member after consultation with the National Association of Professional Baseball Leagues, Incorporated; (4) one member after solicitation of recommendations from government officials of cities, towns, or counties in which major league and minor league baseball teams are located; and (5) three members after consultation with baseball fan organizations and the informal solicitation of recommendations from the general public, one of whom the President shall designate as Chairman of the Commission. (b) Term.--Members of the Commission shall be appointed for a five- year term. In the event that the term of the Commission is extended by the Congress pursuant to section 10 of this Act, the term of individual members shall also be extended, except that no individual may serve as a member for more than six years. (c) Quorum.--A majority of the members of the Commission shall constitute a quorum, but the Commission may provide for the taking of testimony and the reception of evidence at meetings at which there are present not less than three members of the Commission. (d) Appointment Date.--The first appointments made under subsection (a) shall be made within sixty days after the date of enactment of this Act. (e) First Meeting.--The first meeting of the Commission shall be called by the Chairman and shall be held within ninety days after the date of enactment of this Act. (f) Public Meetings.--All Commission meetings and hearings shall be open to the public. (g) Vacancy.--If any member of the Commission is unable to serve a full term or becomes unqualified to serve in such position, a new member shall be appointed to serve the remainder of such term of office, within forty-five days of the vacancy, in the same manner in which the original appointment was made. SEC. 4. DUTIES OF THE COMMISSION. The duties of the Commission are to oversee and investigate any aspect of major league baseball and minor league baseball, where, in the opinion of the Commission, it is in the best interests of baseball to intervene, including but not limited to the-- (1) negotiation of contract agreements between major league team owners and players; (2) renegotiation of the professional baseball agreement between major league and minor league team owners; (3) setting of ticket prices; (4) expansion and relocation of major league and minor league team franchises; (5) structural requirements and financing of baseball stadiums and facilities; (6) terms and conditions of minor league player contracts; (7) licensing of television broadcast rights and allocation of television revenues; (8) licensing and marketing of merchandise and allocation of revenues; and (9) revenue sharing among owners of major league teams and among the major and minor leagues. (b) Arbitration and Mediation.--The duty of the Commission to intervene in any aspect of major league or minor league baseball, pursuant to subsection (a) of this section, shall include but not be limited to the-- (1) conduct of binding arbitration in the event of a labor impasse between Major League Baseball and players; and (2) mediation or arbitration of disputes between Major League Baseball or individual owners of major league teams and minor league baseball team owners. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Meetings.--The Commission or, on authorization of the Commission, a panel of at least three members of the Commission, may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (b) Obtaining Information.--The Commission may secure directly from any Federal department, agency, or court information and assistance necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of such agency or department shall furnish such information or assistance to the Commission. In addition, the Commission may request any relevant information from any appropriate parties with an interest in major league or minor league baseball. (c) Subpoena Power.-- (1) Issuance.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within a judicial district at any designated place of hearing within the judicial district. (2) Enforcement.--If a person issued a subpoena under paragraph (1) refuses to obey the subpoena or is guilty of contumacy, any court of the United States within the judicial district within which the hearing is conducted or within the judicial district within which the person is found or resides or transacts business may (upon application by the Commission) order the person to appear before the Commission to produce evidence or to give testimony relating to the matter under investigation. Any failure to obey the order of the court may be punished by the court as a contempt of the court. (3) Manner of service.--A subpoena of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Place of service.--All process of any court to which application may be made under this section may be served in the judicial district in which the person required to be served resides or may be found. (d) Orders and Injunctions.--Whenever the Commission has reason to believe that an act or practice of Major League Baseball or of any individual owner of a major league baseball team may not be in the public interest or in the best interest of baseball, the Commission shall have authority-- (1) to issue orders to stay temporarily such act or practice pending review by the Commission or pending a request for mediation or arbitration of disputes involving such action submitted to the Commission by baseball players, minor league team owners, or public officials; and (2) to bring a civil action in an appropriate district court of the United States to enjoin such act or practice and, upon proper showing that such action would be in the public interest, to obtain a temporary restraining order or a preliminary injunction against such act or practice: Provided, however, That in proper cases the Commission may seek, and upon proper showing of proof, the court may grant a permanent injunction. (f) Facilities and Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such facilities and support services as the Commission may request. Upon request of the Commission, the head of a Federal department or agency may make any of the facilities and services of such agency available to the Commission to assist the Commission in carrying out its duties under this Act. (g) Expenditures and Contracts.--The Commission or, on authorization of the Commission, a member of the Commission may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission or members consider appropriate for the purposes of carrying out the duties of the Commission. Such expenditures and contracts may be made only to such extent or in such amounts as appropriated under section 9 of this Act. (h) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies of the United States. SEC. 6. COMPENSATION OF THE COMMISSION. (a) Compensation.--Each member of the Commission shall be a full- time Federal employee and shall be paid at an annual rate of basic pay payable for level II of the Executive Schedule under section 5313 of title 5, United States Code. (b) Expenses.--Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The Chairman of the Commission may appoint and terminate no more than ten staff personnel to enable the Commission to perform its duties. (2) Compensation.--The Chairman of the Commission may fix the compensation of personnel without regard to the provision of chapter 51 and subchapter II of chapter 53 of title 5, United States Code, relating to classification of position and General Schedule pay rates, except that the rate of pay may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code. SEC. 8. REPORT TO CONGRESS. (a) Commission Study.--The Commission shall undertake a study of the antitrust exemption for Major League Baseball that shall include but not be limited to analysis of the-- (1) effects of the antitrust exemption on major league and minor league baseball players, minor league baseball teams, baseball fans, local governments, and taxpayers of municipalities in which baseball teams are located; (2) possible effects of continuing the antitrust exemption; (3) possible effects of proposals for modification of the antitrust exemption on Major League Baseball, minor league baseball teams, major league and minor league baseball players, baseball fans, local governments, and taxpayers, including but not limited to proposals for-- (A) elimination of the antitrust exemption; (B) partial elimination of the antitrust exemption for purposes of labor relations between Major League Baseball and professional baseball players or for purposes of major league team franchise expansion or relocation; and (C) elimination of the antitrust exemption with protections to hold harmless existing contractual relationships between major league and minor league baseball teams with respect to player development, territorial arrangements, and other activities that might otherwise be subject to the antitrust laws. (b) Report.--Not later than three years after the date of the enactment of the Act, the Commission shall submit to the Congress a report containing its findings and conclusions pursuant to this section, together with its recommendations as to any legislation it may consider appropriate for modification of the antitrust exemption for Major League Baseball. SEC. 9. AUTHORIZATION AND FEES. (a) Authorization.--There are authorized to be appropriated such funds as may be necessary to carry out this title, except that the amount of such funds shall not exceed the amount of funds made available pursuant to subsection (b) of this section. All funds appropriated under this section shall remain available until expended. (b) Fees.--Major League Baseball shall pay to the Treasury of the United States on or before March 15 of each calendar year a fee in the amount of two-tenths of 1 per centum of the aggregate dollar amount of combined team revenues received during each preceding calendar year, except that the Commission, by rule, may exempt any revenue or class of revenue from any fee imposed by this subsection, if the Commission finds that such exemption is consistent with the public interest. The Commission, by rule, shall set forth the manner and terms under which such payment shall be made after consultation with the Secretary of the Treasury and Major League Baseball. Payment of any fee under this subsection shall be made for each of the five years that this Act shall be effective, and for any additional years the Congress shall determine pursuant to section 10 of this Act. SEC. 10. TERM OF THE COMMISSION. The duties and powers set forth in this Act shall cease to be effective five years after the date of enactment, unless otherwise extended by the Congress. SEC. 11. EFFECTIVE DATE. This Act shall take effect on the date of enactment.

National Commission on Professional Baseball Act of 1995 - Establishes the National Commission on Professional Baseball to oversee and investigate any aspect of major and minor league baseball where, in the opinion of the Commission, it is in the best interests of baseball to intervene, including: (1) conduct of binding arbitration in the event of a labor impasse between major league baseball and players; and (2) mediation or arbitration of disputes between major league baseball or individual owners of major league teams and minor league baseball team owners. Outlines provisions concerning: (1) Commission powers, including subpoena power; (2) Commission authority to issue orders and injunctions; (3) Commission compensation and staff; (4) Commission authority to utilize experts and consultants; (5) a required Commission study and report to the Congress concerning the antitrust exemption to major league baseball; (6) an authorization of appropriations; (7) fees to be paid to the Treasury by major league baseball; and (8) Commission termination five years after the enactment of this Act, unless otherwise extended by the Congress.

National Commission on Professional Baseball Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Product Safety Commission Enhanced Enforcement Act''. SEC. 2. COMMISSION PUBLIC INTEREST DETERMINATION WITH REGARD TO REPAIR, REPLACEMENT, OR REFUND ACTIONS. (a) Product Safety Amendment.--Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended-- (1) by striking ``(d) If'' and inserting ``(d)(1) Except as provided in paragraph (3), if''; (2) by striking ``(1)'' and inserting ``(A) Conform or repair.--''; (3) by striking ``(2)'' and inserting ``(B) Replacement.-- ''; (4) by striking ``(3)'' and inserting ``(C) Refund.--''; (5) by striking ``(A) at the time'' and inserting ``(i) at the time''; (6) by striking ``(B) at the time'' and inserting ``(ii) at the time''; (7) by striking ``An order'' the first place it appears and inserting ``(2) An order''; (8) by striking ``paragraph (3).'' and inserting ``paragraph (1)(C)''; and (9) by adding at the end thereof the following: ``(3) If the Commission determines, after affording opportunity for an informal hearing, that the action elected by a manufacturer, distributor, or retailer under paragraph (1)(A), (B), or (C) is not in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take any other action described in paragraph that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions for election under paragraph (1) are in the public interest, then the manufacturer, distributor, or retailer shall elect to take one of those actions.''. (b) Hazardous Substances Amendment.--Section 15(b) of the Federal Hazardous Substances Act (15 U.S.C. 1274(b)) is amended-- (1) by striking ``Refund.--If'' and inserting ``Refund.-- Except as provided in paragraph (3), if''; (2) by striking ``(1) If'' and inserting ``(A) Repair.-- If''; (3) by striking ``(2)'' and inserting ``(B) Replacment.-- ''; (4) by striking ``(3)'' and inserting ``(C) Refund.--''; (5) by redesignating subparagraphs (A) and (B) of paragraph (3) as clauses (i) and (ii), respectively; (6) by striking ``An order'' the first place it appears and inserting ``(2) An order''; (7) by striking ``paragraph (3).'' and inserting ``paragraph (1)(C)''; and (8) by adding at the end thereof the following: ``(3) If the Commission determines, after affording opportunity for an informal hearing, that the action elected by a manufacturer, distributor, or retailer under paragraph (1)(A), (B), or (C) is not in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take any other action described in paragraph that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions for election under paragraph (1) are in the public interest, then the manufacturer, distributor, or retailer shall elect to take one of those actions.''. (c) Discretionary Remedial Action Under the FHSA.--Section 1274(c) of the Federal Hazardous Substances Act (15 U.S.C. 1274(c) is amended-- (1) by striking ``(2) If'' and inserting ``(2) Except as provided in paragraph (3), if''; and (2) adding at the end thereof the following: ``(3) If the Commission determines, after affording opportunity for an informal hearing, that the action elected by a manufacturer, distributor, or retailer under paragraph (2)(A), (B), or (C) is not in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take any other action described in paragraph that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions for election under paragraph (2) are in the public interest, then the manufacturer, distributor, or retailer shall elect to take one of those actions.''. SEC. 3. CIVIL PENALTIES. (a) Product Safety Civil Penalty.-- (1) Increase; removal of cap on penalty for continuing offense.--Section 20(a)(1) of the Consumer Product Safety Act (15 U.S.C. 2069(a)(1)) is amended-- (A) by striking ``$5,000'' and inserting ``$7,000''; (B) by striking ``involved, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations.'' and inserting ``involved.''; and (C) by striking ``offense, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations.'' and inserting ``offense.''. (2) Conforming changes to inflation adjustment.--Section 20(a)(3) of that Act (15 U.S.C. 2069(a)(3)) is amended-- (A) by striking ``maximum penalty amounts'' in subparagraph (A) and inserting ``penalty''; (B) by striking ``December 1, 1994,'' in subparagraph (B) and inserting ``December 1, 2005,''; and (C) by striking subparagraph (C) and inserting the following: ``(C) The authorized penalty amount shall be prescribed by increasing the amount in paragraph (1) by the cost-of-living adjustment for the preceding five years, rounded to the nearest $1,000.''. (b) Hazardous Substances Civil Penalty.-- (1) Increase; removal of cap on penalty for continuing violations.--Section 5(c)(1) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended-- (A) by striking ``$5,000'' and inserting ``$7,000''; (B) by striking ``involved, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations.'' and inserting ``involved.''; and (C) by striking ``offense, except that the maximum civil penalty shall not exceed $1,250,000 for any related series of violations.'' and inserting ``offense.''. (2) Conforming changes to inflation adjustment.--Section 5(c)(6) of that Act (15 U.S.C. 1264(c)(6)) is amended-- (A) by striking ``maximum penalty amounts'' in subparagraph (A) and inserting ``penalty''; (B) by striking ``December 1, 1994,'' in subparagraph (B) and inserting ``December 1, 2005,''; and (C) by striking subparagraph (C) and inserting the following: ``(C) The authorized penalty amount shall be prescribed by increasing the amount in paragraph (1) by the cost-of-living adjustment for the preceding five years, rounded to the nearest $1,000.''. SEC. 4. CRIMINAL PENALTIES. (a) Product Safety Criminal Penalty.--Section 21 of the Consumer Product Safety Act (15 U.S.C. 2070) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.-- ``(1) Knowing violations.--Any individual who knowingly violates section 19 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 1 year, or both. Any organization (as defined in section 18 of title 18, United States Code) that knowingly violates section 19 of this Act shall be fined under title 18, United States Code. ``(2) Knowing and willful violations.--Any individual who knowingly and willfully violates section 19 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 3 years, or both. Any organization (as defined in section 18 of title 18, United States Code) that knowingly and willfully violates section 19 of this Act shall be fined under title 18, United States Code.''; (2) by inserting ``Actions by directors, officers, and agents.--; and (3) by striking ``knowingly and willfully'' in subsection (b). (b) Hazardous Substances Criminal Penalty.--Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read as follows: ``(a) In General.-- ``(1) Knowing violations.--Any individual who knowingly violates section 4 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 1 year, or both. Any organization (as defined in section 18 of title 18, United States Code) that knowingly violates section 4 of this Act shall be fined under title 18, United States Code. ``(2) Knowing and willful violations; repeat offenders.-- Any individual who knowingly and willfully violates section 4 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 3 years, or both. Any organization (as defined in section 18 of title 18, United States Code) that knowingly and willfully violates section 4 of this Act shall be fined under title 18, United States Code. If an individual or organization commits a second or subsequent violation of section 4 of this Act, then that second or subsequent violation is deemed to be a knowing and willful violation.''.

Revises civil and criminal penalties, including removing the existing cap on the maximum civil penalty that can be assessed to companies that market products in violation of federal consumer product safety regulations.

Consumer Product Safety Commission Enhanced Enforcement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Improvement Timber Contract Extension Act''. SEC. 2. MODIFICATION OF LONG-TERM CONTRACT REGARDING TONGASS NATIONAL FOREST. (a) Definitions.--In this section: (1) The term ``board feet'' means net scribner long-log scale for all sawlogs and all hemlock and spruce utility grade logs. (2) The term ``contract'' means the timber sale contract numbered A10fs-1042 between the United States and the Ketchikan Pulp Company. (3) The term ``contracting officer'' means the Regional Forester of Region 10 of the United States Forest Service. (4) The term ``mid-market criteria'' means an appraisal that ensures an average timber operator will have a weighted average profit and risk margin of at least 60 percent of normal in a mid-market situation, representative of the most recent 10 years of actual market data. (5) The term ``proportionality'' means the proportion of high volume stands (stands of 30,000 or more board feet per acre) to low volume stands (stands of 8,000 to 30,000 board feet per acre). (6) The term ``purchaser'' means the Ketchikan Pulp Company. (b) Findings.--Congress finds the following: (1) On July 26, 1951, the Forest Service, on behalf of the United States, and the purchaser entered into a contract to harvest 8,250,000,000 board feet of timber from the Tongass National Forest in the State of Alaska. While the contract is scheduled to end June 30, 2004, it acknowledges an intention on the part of the Forest Service to supply adequate timber thereafter for permanent operation of the purchaser's facilities on a commercially sound and permanently economical basis. This legislation is necessary to effectuate that intent. (2) A pulp mill or similar facility is necessary in southeast Alaska to optimize the level of year-round, high- paying jobs in the area, to provide high value added use of low-grade wood and by-product material from sawmilling operations, and to maintain a stable regional economy. (3) The purchaser plans to make environmental and operational improvements to its pulp mill, including conversion to an elementally chlorine free bleaching process, expansion of wastewater treatment facilities, relocation of the existing wastewater outfall, and improvements to chemical recovery and power generation equipment. Total capital expenditures are estimated to be $200,000,000, $25,000,000 of which the purchaser has already invested. (4) Extension of the contract for 15 years is the minimum reasonable extension period to allow amortization of these environmental improvement and energy efficiency projects. (5) Ketchikan is the fourth largest city in Alaska. Its economic and job base are extremely dependent upon the continuation of the contract, which provides the principal source of year-round employment in the area. The purchaser has stated among its goals and objectives the following: (A) Continuation of a long-term commitment to Ketchikan and southeast Alaska, including maintenance of a stable Alaskan workforce, utilization of Alaskan contractors, vendors, and suppliers to permit those businesses to hire and maintain Alaskan employees. (B) Participation in the Forest Service's land management planning process with other users so that the process may be completed expeditiously with maximum information. (C) Adherence to sound principles of multiple-use and sustained yield of forest resources providing for the production of sustainable contract volumes for the purchaser and the other timber operators in southeast Alaska and the protection and promotion of other forest uses, including tourism, fishing, subsistence, hunting, mining, and recreation. (D) Protection of air, water, and land, including fish and wildlife habitat, through compliance with applicable Federal, State, and local laws. (E) Commitment to continue to explore new processes and technology to maximize the use of timber harvested and increase the value of products manufactured in southeast Alaska. (6) The national interest is served by a policy that accomplishes the proper stewardship of publicly owned assets in the Tongass National Forest, a fair return to the United States for public timber in the Tongass National Forest, and a proper balance among multiple use interests in the Tongass National Forest to enhance forest health, sustainable harvest, and the general economic health and growth in southeast Alaska and the United States in order to improve national economic benefits. The national interest is best achieved by fostering domestic forest product markets and by modifying the terms of the contract pursuant to subsection (c). (c) Contract Fairness Changes.--The contract is hereby modified as follows: (1) Extension.--The term of the contract is extended by 15 years from June 30, 2004. (2) Sale offering plan.--The contract shall include a plan describing the amount of volume, location, and the schedule by which the purchaser shall receive the timber required by paragraph (3) for the remainder of the contract term. The plan shall be coordinated with the Tongass Land Management Plan. (3) Volume requirements.--The volume of timber required under the contract shall be provided in 5-year increments of 962,500,000 board feet, which the purchaser shall be obligated to harvest in an orderly manner, subject to the following: (A) Until March 1, 1999, when the next 5-year increment is provided to the purchaser, the Forest Service shall provide the purchaser with at least 192,500,000 board feet per year of available timber at a date certain each year and shall maintain a supply of timber adequate to insure the purchaser can reasonably harvest 192,500,000 board feet each year. (B) To ensure harvest in an orderly manner, the contracting officer shall provide for the construction by the purchaser of roads in portions of the 5-year increment area of timber in advance of the 5-year operating period by including such roads in the environmental impact statement prepared for the 5-year operating period. (C) Timber selected for inclusion in the 5-year increment shall meet the mid-market criteria. (4) Appraisals and rates.--The contracting officer shall perform appraisals using normal independent national forest timber sale procedures and designate rates for the increments of timber to be provided. The rates shall not be designated at a level that places the purchaser at a competitive disadvantage to a similar enterprise in Pacific Northwest and those rate shall be the sole charges the purchaser shall be required to pay for timber provided. (5) Measurement of proportionality.--The Forest Service shall measure proportionality using the following criteria: (A) Measure for groups of all contiguous management areas. (B) Measure proportionality by acres. (C) Measure proportionality over the entire rotation age. (6) Conversion or replacement of pulp mill.--The purchaser may convert or replace, in part or in whole, its pulp mill with a facility that manufactures any other value added product that utilizes pulp logs as a raw material component. (7) Unilateral termination.--The unilateral termination clause of the contract is eliminated. (8) Subsequent modifications.--Any clause in the contract, as modified by this subsection, may be further modified only by mutual agreement of the Forest Service and the purchaser and may be so modified without further Act of Congress. (d) Effective Date for Contract Modification.-- (1) Effective date.--The modifications made by subsection (c) shall take effect 45 days after the date of the enactment of this Act. (2) Ministerial duty to modify the contract.--Not later than such effective date, the contracting officer shall revise, as a ministerial function, the text of the contract to conform with the modifications made by subsection (c) and implement the modified contract. The contracting officer shall make conforming changes to provisions of the contract that were not modified by subsection (c) in order to ensure that the modifications made by such subsection are implemented. (e) Transition Timber Supply.--Timber volume available or scheduled to be offered to the purchaser under the contract in effect on the day before the date of the enactment of this Act shall continue to be offered and scheduled under the contract as modified by subsection (c) along with such additional timber volume as is necessary to satisfy the timber volume requirement of 192,500,000 board feet per year.

Environmental Improvement Timber Contract Extension Act - Extends and modifies the timber contract between the United States and the Ketchikan Pulp Company with regard to the Tongass National Forest, Alaska.

Environmental Improvement Timber Contract Extension Act

SECTION 1. COMMISSION ON ECONOMIC SECURITY. (a) Short Title.--This section may be cited as the ``Economic Security Defense Act of 2010''. (b) Findings.--Congress finds that-- (1) the recent financial crisis could serve as a road map for actors seeking to destabilize economic systems; (2) the economy's growing interconnectedness increases vulnerabilities; (3) the ability of malevolent actors to rapidly network and mask their activities undermines the fundamentals of the financial markets and economy; (4) as it is reported that a recent war game of the Department of Defense-- (A) exposed the seriousness of threats to our economy; (B) was won by a group representing the Government of China; and (C) indicated a significant lack of understanding of these issues across the divides between the national security and financial communities; (5) a leading financial executive recently noted that the financial crisis, sparked by the September 15th, 2008, collapse of Lehman Brothers, could serve as a road map for actors seeking to destabilize economic systems; (6) prominent counterterrorism expert Professor Bruce Hoffman of Georgetown University has stated that al Qaeda and other terrorists groups were devoting new attention to derailing our financial system in the wake of that crisis; (7) foreign governments have developed economic warfare capabilities or organizations, such as an economic warfare bureau in China; and (8) former Directors of National Intelligence and other top experts have warned of cybersecurity and other threats capable of disrupting our financial institutions or critical infrastructure, such as the national power grid. (c) Establishment.--There is established a commission to be known as the ``Security Threats to Financial Markets and Economic Recovery Commission'' (referred to in this Act as the ``Commission''). (d) Duties of Commission.-- (1) Mandatory legislative recommendations.--The Commission shall examine the security threats and vulnerabilities to the United States' economic recovery and financial markets and to develop legislative recommendations designed to address-- (A) potential threats to financial markets and economic recovery from state actors and non-state actors; (B) vulnerabilities in financial markets that could be exploited and would result in major economic implications; (C) the divide between national security concerns and economic concerns; and (D) national security vulnerabilities associated with current Federal debt levels. (2) Policy solutions.--Legislative recommendations developed to address the issues described in paragraph (1) may include-- (A) reforms necessary to address gaps in government and private capabilities to analyze and combat threats to financial markets; (B) reforms that strengthen the security of financial markets; (C) reforms that address financial systemic weakness; and (D) any other reforms designed to address the issues described in paragraph (1). (e) Reports.-- (1) Definition.--In this subsection, the term ``appropriate committees of Congress'' shall include the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) In general.--Not later than September 1, 2011, the Commission shall submit a full report to the appropriate committees of Congress and the President containing-- (A) a detailed description of the activities of the Commission; (B) a detailed statement of any findings of the Commission as to public preferences regarding the issues, policies, and tradeoffs presented in the town hall style public hearings; (C) a list of policy options for addressing those problems; and (D) criteria for the legislative recommendations to be developed by the Commission. (3) Form.--The reports submitted under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (f) Legislative Recommendations.-- (1) In general.--Not later than 60 days after the date on which the full report is submitted under subsection (e)(1) and by a vote of at least 10 of the members, the Commission shall submit legislative recommendations to Congress and the President designed to address the issues described in subsection (d). (2) Proposal requirements.--The proposal under paragraph (1) shall, to the extent feasible, be designed-- (A) to achieve financial market and systemic security; (B) to address the comments and suggestions of the consulted non-governmental experts and government officials; and (C) to meet the criteria set forth in the Commission report. (g) Membership and Meetings.-- (1) Membership.-- (A) In general.--The Commission shall be composed of 20 voting members appointed pursuant to subparagraph (B) and 3 nonvoting members described in subparagraph (C). (B) Voting members.--The Commission shall be composed of 20 voting members, of whom not fewer than 7 members should be currently in the private sector, or have significant experience in the private sector, of whom-- (i) 5 shall be appointed by the Speaker of the House of Representatives; (ii) 5 shall be appointed by the minority leader of the House of Representatives; (iii) 5 shall be appointed by the majority leader of the Senate; and (iv) 5 shall be appointed by the minority leader of the Senate. (C) Executive branch consultation.--The Director of National Intelligence, the Secretary, and the Chairman of the Board of Governors shall advise and assist the Commission, at the request of the Commission. (D) Chair and cochair.--The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall designate 2 cochairpersons of the Commission from the members appointed under subparagraph (B), one of whom must be a Republican and one of whom must be a Democrat. (2) Limitations as to members of congress.-- (A) Members of congress on commission.--Each appointing authority described in paragraph (1)(B) shall appoint not more than 2 Members of Congress, nor fewer than 1 Member of Congress, to the Commission. (B) Continuation of voting membership.--In the case of an individual appointed pursuant to paragraph (1)(A) who was appointed as a Member of Congress under subparagraph (A), if such individual ceases to be a Member of Congress, that individual shall cease to be a member of the Commission. (3) Date for original appointment.--The appointing authorities described in paragraph (1)(B) shall appoint the initial members of the Commission not later than 30 days after the date of enactment of this Act. (4) Terms.-- (A) In general.--The term of each member is for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filled not later than 30 days after such vacancy occurs and in the manner in which the original appointment was made. (5) Pay and reimbursement.-- (A) No compensation for members of commission.-- Except as provided in subparagraph (B), a member of the Commission may not receive pay, allowances, or benefits by reason of their service on the Commission. (B) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence under subchapter I of chapter 57 of title 5, United States Code. (6) Meetings.--The Commission shall meet upon the call of the chairperson or a majority of its voting members. (7) Quorum.--Six voting members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Staff of Commission.-- (1) Staff.--In accordance with rules agreed upon by the Commission, subject to paragraph (2), and to the extent provided in advance in appropriation Acts, the cochairpersons of the Commission may appoint and fix the pay of no more than 3 staff persons, subject to paragraph (3). (2) Applicability of certain civil service laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (3) Compensation.--A staff person of the Commission may not be paid at a rate of pay that exceeds the maximum rate of pay for a position at GS-14 of the General Schedule. (4) Detailees.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of their regular employment without interruption. (5) Experts and consultants.--In accordance with rules agreed upon by the Commission and to the extent provided in advance in appropriation Acts, the director may procure the services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates not to exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of title 5, United States Code. (i) Powers of Commission.-- (1) Hearings and evidence.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (2) 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 under this subsection. (3) 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. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (5) Contract authority.--To the extent provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to discharge its duties under this Act. (6) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (j) Funding.--There are authorized to be appropriated to the Commission, such sums as may be necessary to carry out this Act. Funding for the Commission shall be provided through discretionary appropriations. (k) Termination.--The Commission shall terminate 60 days after the date of submission of its legislative proposal to Congress under this Act.

Economic Security Defense Act of 2010 - Establishes a Security Threats to Financial Markets and Economic Recovery Commission to examine and report to Congress on security threats and vulnerabilities to the U.S. economic recovery and financial markets. Requires the Commission to make legislative recommendations to Congress and the President designed to address: (1) potential threats to financial markets and economic recovery from both state and non-state actors; (2) vulnerabilities in financial markets that could be exploited and would result in major economic implications; (3) the divide between national security and economic concerns; and (4) national security vulnerabilities associated with current federal debt levels.

A bill to address national security threats and vulnerabilities that could undermine economic recovery and financial markets.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Letter of Estimated Annual Debt for Students Act of 2017'' or the ``LEADS Act of 2017''. SEC. 2. ANNUAL ESTIMATE OF STUDENT LOAN BORROWING COSTS. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following: ``(n) Annual Estimate of Student Loan Borrowing Costs.-- ``(1) In general.--Beginning on July 1, 2019, each eligible institution shall provide a cost estimate described in paragraph (2) to each enrolled student who receives an education loan to attend the institution, not later than 30 days before the first day of each academic year beginning after the academic year for which the student first received such a loan to attend such institution. ``(2) Contents of estimate.--The estimate under paragraph (1) shall contain the following information: ``(A) Cumulative balances and monthly payments.--A notice to the student of-- ``(i) the cumulative balance of education loans owed by the student as of the date of the notice; and ``(ii) projected monthly payment amounts based on the cumulative balances described in clause (i), assuming a standard repayment schedule. ``(B) Interest rates.--The interest rate of each education loan, except that interest rates for a private education loan may be based on average private education loan interest rates if the institution cannot reasonably determine the actual interest rate of such loan. ``(C) Disclaimer.--A clear and conspicuous notice stating that any information provided under paragraph (1) is an estimate, accurate to the best of the institution's knowledge, and that an interest rate provided under subparagraph (B)-- ``(i) in the case of a loan described in paragraph (6)(A)(i), is the applicable rate of interest of such loan; ``(ii) in the case of a private education loan, may be based on average private education loan interest rates; and ``(iii) does not include private education loans of which the institution is not aware. ``(3) Form of estimate.--The estimate under paragraph (1) shall be-- ``(A) provided to the student in hard copy format on the letterhead of the institution, by electronic mail or by another method the Secretary may prescribe; and ``(B) delivered to the student separately from any other disclosures required under this Act. ``(4) Limitation of liability.--An institution that provides the estimate under paragraph (1) in good faith shall not be liable to any person for inaccuracies contained in such estimate. ``(5) Student debt letter template.--Not later than July 1, 2018, and as necessary thereafter, the Secretary shall provide the following to eligible institutions: ``(A) Examples of estimates required under paragraph (2). ``(B) Technical assistance on how to comply with the requirements of this subsection. ``(C) Preliminary approvals in a timely manner of estimate formats proposed for use by an institution, at the request of the institution. ``(D) The formula (which shall take into consideration a student's past borrowing rates and other criteria the Secretary may determine) to be used in making the projections under clauses (iii) and (iv) of paragraph (2)(A) with respect to loans described in paragraph (6)(A)(i). ``(E) Encryption technology software to enable institutions to provide the estimate under paragraph (2) to students in a secure format for institutions that choose to provide the estimate to students in an electronic format. ``(6) Definitions.--In this subsection: ``(A) Education loan.--The term `education loan' means-- ``(i) a loan made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student); ``(ii) a loan made under a State-sponsored loan program for the purpose of paying a student's cost of attendance at an institution of higher education; and ``(iii) a private education loan with respect to which the institution should reasonably be aware. ``(B) Private education loan.--The term `private education loan' has the meaning given the term in section 140 of the Truth in Lending Act. ``(C) Student.--The term `student', when used with respect to an eligible institution, does not include any student who has transferred to the institution more than 60 days before the first day of the academic year involved.''. SEC. 3. ANNUAL PROVISION OF INFORMATION BY THE SECRETARY OF EDUCATION. Not later than April 1, 2019, and annually thereafter, the Secretary of Education shall provide to institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) the following information: (1) The amount of any loans made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student) expected to be disbursed to any borrower for the next academic year. (2) The projected cumulative balance of such loans, as determined in accordance with section 485(n)(5)(D) of such Act (20 U.S.C. 1092(n)(5)(D)), as added by this Act, that will be owed by any borrower after the completion of the borrower's course of study at an institution of higher education. (3) The projected monthly payment amounts of such loans, as determined in accordance with section 485(n)(5) of the Higher Education Act of 1965 (20 U.S.C. 1092(n)(5)), assuming a standard repayment schedule (as described in section 455(d)(1)(A) of such Act (20 U.S.C. 1087e(d)(1)(A))).

Letter of Estimated Annual Debt for Students Act of 2017 or the LEADS Act of 2017 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require an institution of higher education that participates in federal student aid programs to provide an annual estimate of borrowing costs to each enrolled student who receives an education loan. The cost estimate must include the student's cumulative education loan balance, projected monthly payment amount, and interest rate on each loan.

Letter of Estimated Annual Debt for Students Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Emergency Health Workforce Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Corps.--The term ``Corps'' means the National Emergency Health Professionals Volunteer Corps established under section 3. (2) FEMA.--The term ``FEMA'' means the Federal Emergency Management Agency of the Emergency Preparedness and Response Directorate, Department of Homeland Security. (3) Health professional.--The term ``health professional'' means a physician, nurse, mental health provider, paramedic, pharmacist, public health practitioner, veterinarian, epidemiologist, statistician, laboratorian, infectious disease specialist, and other individual provider of health-related services as designated by the Secretary. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. NATIONAL EMERGENCY HEALTH PROFESSIONALS VOLUNTEER CORPS. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a National Emergency Health Professionals Volunteer Corps to provide for an adequate supply of health professionals in the case of a Federal, State or local emergency. The Corps shall be headed by a Director to be appointed by the Secretary. (b) Duties.--The Director of the Corps shall conduct the following activities: (1) Analysis of need to determine the number and types of Corps volunteers that are needed. (2) Determination of minimum licensing or credentialing standards for each type of Corps volunteers. (3) Recruitment and retention of health professionals. (4) Development of the Corps volunteer certification program in accordance with subsection (d). (5) Development of training programs. (6) Development of protocols for contact and deployment of Corps volunteers. (7) Coordination of Corps volunteers with Medical Reserve Corps and other volunteer networks. (c) Composition.--The Corps shall be composed of health professionals who-- (1) have training and expertise in the areas of medicine, nursing, mental health, public health, pharmacy, dentistry, emergency medical services, veterinary science, laboratory science, and other areas as determined appropriate by the Director of the Corps; (2) have been certified in accordance with the certification program developed under subsection (b)(4); (3) are geographically diverse in residence; and (4) are willing to be deployed in case of emergency. (d) Certification.--The Director of the Corps, in collaboration with the Director of FEMA and the Administrator of the Health Resources and Services Administration, shall establish a program for the periodic certification of health professionals who volunteer for the Corps which shall include, with respect to the health professional involved, an assessment of-- (1) the professional expertise and training of the professional, including licensure and credentialing as appropriate; (2) the completion by the professional of the training programs developed under subsection (b)(5), as required by the Director; and (3) the preparedness of the professional for emergency response which may include written examination and hands-on skill assessment. (e) Deployment.-- (1) In general.--During a Federal, State, or local emergency (as designated by the Secretary or the Secretary of Homeland Security), the Secretary, in consultation with the Secretary of Homeland Security, shall have the authority to deploy members of the Corps to areas of need, based on the medical expertise required. (2) Limitation.--State and local officials shall have no authority to deploy members of the Corps, but may request the services of such members. (f) Compensation, Expenses, and Transportation.--While engaged in performing duties as a member of the Corps pursuant to an assignment by the Secretary (including periods of travel to facilitate such assignment), members of the Corps who are not otherwise employed by the Federal Government shall be-- (1) compensated for temporary or intermittent services as experts or consultants as provided for under section 3109 of title 5, United States Code; and (2) allowed travel or transportation expenses, including per diem in lieu of subsistence, as provided for under section 5703 of such title. (g) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this Act (and the amendments made by this Act) for each of fiscal years 2006 through 2010. SEC. 4. HEALTH PROFESSIONAL DATABASE. (a) Establishment.--Not later than 12 months after the date of enactment of this Act, the Director of the Centers for Disease Control and Prevention (referred to in this section as the ``Director''), in collaboration with the Administrator of the Health Resources and Services Administration, State medical and nursing licensing boards, medical and nursing professional societies, and other relevant entities, shall establish a national database of health professionals (including physicians, nurses, and other health professionals determined appropriate by the Director) to increase health preparedness for Federal emergencies. (b) Requirements of Database.--The database established under subsection (a) shall include-- (1) With respect to each health professional listed in the database-- (A) the name and contact information of the professional; (B) the State or States in which the professional is licensed or certified; (C) the area or areas in which the professional has specialty or subspecialty training; and (D) a description of the emergency response training received by the professional; and (2) the names of each members of the Corps, the Medical Reserve Corps, the National Disaster Medical System, the Commissioned Corps of the Public Health Services, and any other relevant federally-sponsored or administered programs. (c) Accessibility.--The Director shall ensure that the database established under subsection (a) is electronically accessible by State and local health departments. In the case of a disaster or other emergency that results in a loss of electrical power, the Director shall ensure that the affected State or locality has access to the database through other means. (d) Updating of Information.--The Director shall, on at least a biennial basis, provide for the updating of the information contained in the database. SEC. 5. PROTECTION OF HEALTH PROFESSIONAL VOLUNTEERS. Section 4303(13) of title 38, United States Code, is amended by adding at the end the following: ``Such term shall include physicians or other health professionals (as defined in section 2 of the Hurricane Katrina Emergency Health Workforce Act of 2005) who are providing medical treatment or services related to a major disaster as declared by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including members of the National Emergency Health Professionals Volunteer Corps, health professionals who are activated by the Federal Emergency Management Agency, and other health professionals who provide services on a volunteer basis in a formal capacity as determined by the Secretary of Health and Human Services or the Secretary of Homeland Security. The Secretary shall promulgate guidelines to implement the previous sentence.''. SEC. 6. PREPAREDNESS TRAINING REQUIREMENTS. (a) Children's Hospitals That Operate Graduate Medical Education Programs.--Section 340E of the Public Health Service Act (42 U.S.C. 256e) is amended by adding at the end the following: ``(h) Requirement to Provide Disaster Preparedness Training.--To be eligible to receive a payment under this section, a children's hospital shall provide disaster preparedness training as part of any approved graduate medical residency training program provided by the hospital.''. (b) Medicare Graduate Medical Education Programs.-- (1) In general.--Section 1886(h) of the Social Security Act (42 U.S.C. 1395ww(h)) is amended by adding at the end the following: ``(8) Requirement for disaster preparedness training.--In order to be eligible to receive a payment under this subsection, a hospital shall provide disaster preparedness training as part of any approved medical residency training program provided by the hospital.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2007. SEC. 7. LIABILITY PROTECTIONS. Section 224 of the Public Health Service Act (42 U.S.C. 233) is amended by adding at the end the following: ``(q) Volunteer Services Provided by Health Professionals During Disasters.-- ``(1) In general.--Notwithstanding any other provision of law, for purposes of this section, a volunteer health professional shall in providing a qualifying health service related to a major disaster as declared by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be deemed to be an employee of the Public Health Service. The preceding sentence is subject to the provisions of this subsection. ``(2) Volunteer health professional.--In providing a qualifying health service to an individual, a health professional shall for purposes of this subsection be considered to a volunteer health professional if the following conditions are met: ``(A) The service is provided to the individual as a result of the occurrence of a major disaster as declared by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(B) The service is a qualifying health service (as defined in paragraph (3)(B)). ``(C) Neither the health professional or any institution receives any compensation for the service from the individual or from any third-party payor (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program). With respect to compliance with such condition, the health professional may receive repayment from a Federal or State agency for reasonable expenses incurred by the health professional in the provision of the service to the individual. ``(3) Definitions.-- ``(A) Health professional.--In this subsection, the term `health professional' means a physician, nurse, mental health provider, pharmacist, paramedic, and other individual provider as designated by the Secretary. ``(B) Qualifying health service.--In this subsection, the term `qualifying health service' means any medical assistance provided during, and as the result of the occupancy of, a major disaster as declared by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. ``(4) Application of provisions.--Subsection (g) (other than paragraphs (3) through (5)) and subsections (h), (i), and (l) shall apply to a volunteer health professional for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4), subject to paragraph (5) and subject to the following: ``(A) The first sentence of paragraph (1) applies in lieu of the first sentence of subsection (g)(1)(A). ``(B) In the case of a health professional who is determined by the Secretary pursuant to subsection (g)(1)(E) to be a volunteer health professional, this subsection applies to the health professional (with respect to the institution or facility sponsoring the health professional for any cause of action arising from an act or omission of the health professional occurring on or after the date on which the Secretary makes such determination and until the major disaster involved has ended. ``(C) Subsection (g)(1)(F) applies to a health professional for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions specified in paragraph (2) is met. ``(5) Authorization of appropriations.-- ``(A) In general.--For purposes of making payments for judgments against the United States (together with related fees and expenses of witnesses) pursuant to this section arising from the acts or omissions of volunteer health professionals, there is authorized such sums as may be necessary in each fiscal year. ``(B) Fund.--The Secretary shall establish a fund for purposes of this subsection. Each fiscal year amounts appropriated under subparagraph (A) shall be deposited in such fund. ``(C) Estimates.--Not later than May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to the Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of volunteer health professionals, will be paid pursuant to this subsection during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) applies to the estimate under the preceding sentence regarding volunteer health professionals to the same extent and in the same manner as such subsection applies to the estimate under such subsection regarding officers, governing board members, employees, and contractors of entities described in subsection (g)(4). ``(D) Transfers.--Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subparagraph (B) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph (C) for the calendar year beginning in such fiscal year, subject to the extent of amounts in the fund. ``(6) Regulations.--The Secretary may issue regulations for carrying out this subsection.''. SEC. 8. SUSPENSION OF STATE LICENSURE REQUIREMENTS. (a) In General.--Notwithstanding any other provision of law, the Secretary shall have the authority to suspend the application of State health professional licensing and certification requirements with respect to health professionals that are operating in such State during a major disaster as declared by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) pursuant to an assignment or request for services from the Secretary, the Director of FEMA, or the Director of the Corps. This subsection shall only be applicable with respect to health professionals who are licensed or certified in a State other than the State in which the disaster is occurring. (b) Limitation.--Subsection (a) shall not apply in the case of health professionals who have had their license or certification suspended or revoked, or who are the subject of a disciplinary action at the time of the application of such subsection. SEC. 9. GENERAL WAIVER AUTHORITY. Notwithstanding any other provision of law, the Secretary and the Secretary of Homeland Security shall have the authority to waive any requirement of Federal law applicable to health professions if such requirement would limit the ability of health professionals to provide volunteer medical services related to a major disaster as declared by the President under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

Hurricane Katrina Emergency Health Workforce Act of 2005 - Requires the Secretary of Health and Human Services to establish the National Emergency Health Professionals Volunteer Corps to provide for an adequate supply of health professionals in the event of an emergency. Requires the Director of the Centers for Disease Control and Prevention (CDC) to establish a national database of health professionals to increase health preparedness for federal emergencies. Includes service by physicians and other health professionals who are providing treatment or services related to a declared major disaster as "service in the uniformed services" for purposes of employment and reemployment benefits. Amends the Public Health Service Act and title XVIII (Medicare) of the Social Security Act to require hospitals that receive federal payments for graduate medical education costs to provide disaster preparedness training as part of any approved graduate medical residency training program provided by the hospital. Deems volunteer health professionals providing a qualifying health service related to a declared major disaster to be employees of the Public Health Service for purposes of liability protection. Authorizes the Secretary to suspend state health professional licensing and certification requirements for health professionals that are operating in such state during a declared major disaster. Authorizes the Secretary and the Secretary of Homeland Security to waive any federal requirements applicable to health professions that would limit the ability of health professionals to provide volunteer medical services related to a declared major disaster.

A bill to provide for the establishment of programs and activities to assist in mobilizing an appropriate healthcare workforce in the event of a health emergency or natural disaster.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Private Partnership Act of 2003''. SEC. 2. FEDERAL REAL PROPERTY DEVELOPMENT. (a) In General.--Part A of subtitle II of title 40, United States Code, is amended by adding at the end the following: ``CHAPTER 39--FEDERAL REAL PROPERTY DEVELOPMENT ``Sec. ``3901. Definitions. ``3902. Agreements with non-Federal entities. ``3903. Sunset. ``Sec. 3901. Definitions ``In this chapter, the following definitions apply: ``(1) Excess property.--The term `excess property' has the meaning given such term by section 102. ``(2) Federal buildings fund.--The term `Federal Buildings Fund' means the fund established by section 592. ``(3) Landholding agency.-- ``(A) In general.--Subject to subparagraph (B), the term `landholding agency' means any executive agency that, by specific or general statutory authority, has jurisdiction over property that is real property. ``(B) Exclusions.--The term `landholding agency'-- ``(i) does not include an executive agency with respect to the agency-- ``(I) disposing of an interest in real property for public benefit purposes pursuant to section 545; ``(II) holding lands in trust or restricted fee status for individual Indians or Indian tribes; or ``(III) having jurisdiction over National Park System lands, National Forest System lands, or National Wildlife Refuge System lands; and ``(ii) does not include the Bureau of Land Management. ``(4) Property.--The term `property' has the meaning given such term by section 102, and includes public buildings and the occupied or improved grounds of the United States generally. ``Sec. 3902. Agreements with non-Federal entities ``(a) Authority To Enter Into Agreements.-- ``(1) In general.--Subject to the requirements of this section, the Administrator of General Services may enter into agreements with non-Federal entities to provide for-- ``(A) the acquisition, lease, construction, rehabilitation, operation, maintenance, or use of real property under the jurisdiction of the General Services Administration or another landholding agency; or ``(B) such other activities related to the real property as the Administrator considers appropriate. ``(2) Landholding agencies other than gsa.--In the case of real property under the jurisdiction of a landholding agency other than the General Services Administration, the Administrator may enter into an agreement under this subsection only upon the written request of the head of the landholding agency. ``(b) Eligibility of Real Property.--The Administrator may enter into an agreement under subsection (a) with respect to real property only if the head of the landholding agency with jurisdiction over the property determines in writing that the real property is not excess property. ``(c) Terms and Conditions.--An agreement entered into under section (a) with respect to real property under the jurisdiction of a landholding agency-- ``(1) shall have as its primary purpose enhancing the value of the real property to the United States; ``(2) shall provide that any obligation of an agency under the agreement is subject to the availability of appropriated funds or the availability of receipts authorized by subsection (h); ``(3) shall be for a term that is not longer than 50 years; ``(4) shall be negotiated pursuant to such procedures as the Administrator considers necessary to ensure the integrity of the selection process and to protect the interests of the United States; ``(5) shall support the goals and objectives set forth in a plan to be developed by the landholding agency to improve real property management decisions, reduce costs, and maximize portfolio performance, which plan shall address, at a minimum, life cycle planning and preservation of asset value; ``(6) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any office, storage, or other space in a facility covered under the agreement that may be suitable for use by one or more Federal agencies; ``(7) shall not provide, unless specifically determined otherwise by the Administrator, that ownership of a facility covered under the agreement be transferred to the United States at or shortly after the expiration of any lease of the facility to the United States, but may provide that ownership of the facility be transferred to the United States before the expiration of the agreement; ``(8) shall describe the consideration, duties, and responsibilities for which the United States and the non- Federal entity are responsible; ``(9) shall provide-- ``(A) that the United States will not be liable for any action, debt, or liability of any entity created by the agreement; and ``(B) that the non-Federal entity may not execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and ``(10) shall include such other terms and conditions as the Administrator considers appropriate. ``(d) Consideration.-- ``(1) In general.--An agreement entered into under subsection (a) shall be for fair consideration, as determined by the Administrator. ``(2) In-kind consideration.--Consideration under such an agreement may be provided in whole or in part through in-kind consideration, including provision of space, goods, or services of benefit to the United States. Such services may include construction, repair, remodeling, or other physical improvements of Federal property, maintenance of Federal property, or the provision of office, storage, or other usable space. ``(e) Authority To Convey.--In carrying out an agreement entered into under subsection (a), the Administrator may convey interests in real property, by lease or exchange, to a non-Federal entity. ``(f) Relationship to Other Laws.-- ``(1) Requirement for congressional approval.--An agreement entered into under subsection (a) shall not be subject to section 3307. ``(2) Waiver authority.-- ``(A) In general.--In carrying out this section, the Administrator may waive requirements of Federal law relating to the acquisition, lease, construction, rehabilitation, operation, maintenance, or use of real property if the Administrator determines, in writing, that the waiver is necessary to achieve the purposes of this section. ``(B) Limitation.--Nothing in subparagraph (A) shall be construed to authorize the Administrator to waive a requirement of Federal law relating to the environment, labor, or historic preservation. ``(C) Prohibition on delegation.--The Administrator may not delegate the authority granted under subparagraph (A). ``(g) Reporting Requirement.-- ``(1) In general.--Before entering into an agreement under subsection (a), the Administrator shall transmit to Congress a report on the proposed agreement. ``(2) Contents.--A report transmitted under this subsection shall include-- ``(A) a summary of a cost-benefit analysis of the proposed agreement; ``(B) a statement of the fair market value of any real property covered under the proposed agreement; ``(C) a description of the provisions of the proposed agreement, including the consideration received; ``(D) a description of actions to be taken under the proposed agreement to comply with applicable Federal laws, including environmental, historic preservation, and labor laws; ``(E) a description of how the proposed agreement departs from standard agency practices relating to the acquisition, lease, construction, rehabilitation, operation, maintenance, or use of real property otherwise authorized under this part; and ``(F) a description of the extent to which the proposed agreement is consistent with State and local zoning requirements. ``(3) Review by congress.--A proposed agreement under subsection (a) may not become effective before the earlier of-- ``(A) the end of a 45-day period of continuous session of Congress following the date of the transmittal of a report on the agreement under this subsection; or ``(B) the end of the 60-day period following such date of transmittal. For purposes of subparagraph (A), continuity of a session of Congress is broken only by an adjournment sine die, and there shall be excluded from the computation of such 45-day period any day during which either House of Congress is not in session during an adjournment of more than 5 days to a day certain. ``(h) Proceeds.-- ``(1) Deposit in federal buildings fund.-- ``(A) Proceeds from real property of gsa.--Net proceeds from an agreement entered into under subsection (a) involving real property under the jurisdiction of the General Services Administration shall be deposited into the Federal Buildings Fund. ``(B) Proceeds from real property of other landholding agencies.--Net proceeds from an agreement entered into under subsection (a) involving real property under the jurisdiction of a landholding agency other than the General Services Administration shall be deposited into a separate account in the Federal Buildings Fund to be established for the landholding agency by the Secretary of the Treasury. ``(2) Administration of amounts.-- ``(A) In general.--Amounts deposited into the Federal Buildings Fund under this subsection, including amounts deposited into an account established for a landholding agency under paragraph (1)(B), shall be administered and expended, subject to appropriations Acts, as part of the Federal Buildings Fund. ``(B) Use of amounts in agency accounts.--Amounts deposited into an account established for a landholding agency under paragraph (1)(B) are authorized to be appropriated to the Administrator of General Services for real property management and related activities of the landholding agency, at the written request of the head of the landholding agency. ``(3) Recovery of expenses.-- ``(A) Expenses of gsa.--The Administrator may retain from the proceeds of any agreement entered into under subsection (a) amounts necessary to recover the expenses incurred by the Administrator with respect to the agreement. Such amounts shall be deposited into the account in the Treasury from which the Administrator incurred the expenses. ``(B) Expenses of other landholding agencies.--In the case of an agreement entered into under subsection (a) involving real property under the jurisdiction of a landholding agency other than the General Services Administration, the Administrator shall reimburse the agency, out of the proceeds of the agreement, for expenses incurred by the agency with respect to the real property. Such amounts shall be deposited into the account in the Treasury from which the agency incurred the expenses. ``(4) Net proceeds.--In this section, the term `net proceeds' means, with respect to an agreement entered into under this section, the proceeds from the agreement minus the expenses incurred by the General Services Administration and any other landholding agency with respect to the agreement. ``(i) Jurisdiction Over Real Property.--For purposes of this section, a landholding agency shall be considered to have jurisdiction over real property if the agency has jurisdiction, custody, and control of the property. ``Sec. 3903. Sunset ``(a) In General.--The authority of the Administrator of General Services to enter into an agreement under section 3902 shall expire on the last day of the 6-year period beginning on the date of enactment of this chapter. ``(b) Agreements Transmitted to Congress.--Subsection (a) shall not apply to an agreement for which the Administrator has transmitted a report to Congress under section 3902(g) before the last day of the 6- year period referred to in subsection (a). ``(c) Existing Agreements.--Subsection (a) shall not affect the Administrator's authority to carry out the Administrator's responsibilities under an agreement entered into before the last day of the 6-year period referred to in subsection (a) or an agreement described in subsection (b).''. (b) Conforming Amendment.--The analysis for part A of subtitle II of title 40, United States Code, is amended by adding at the end the following: ``39. FEDERAL REAL PROPERTY DEVELOPMENT.................... 3901''. SEC. 3. SCOPE AND CONSTRUCTION. The authorities granted by this Act (including the amendments made by this Act) to the heads of Federal agencies for the management of real property and the conduct of transactions involving such property, shall be in addition to, and not in lieu of, any authorities provided in any law existing on the date of enactment of this Act. Except as expressly provided herein, nothing in this Act (including the amendments made by this Act) shall be construed to repeal or supersede any such authorities. SEC. 4. NO WAIVER. Nothing in this Act (including the amendments made by this Act) shall be construed to limit or waive any right, remedy, immunity, or jurisdiction of any Federal agency or any claim, judgment, lien, or benefit due the Government of the United States. SEC. 5. REPORT OF COMPTROLLER GENERAL. Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the use by Administrator of General Services of the authorities provided by this Act. SEC. 6. REPEAL. (a) In General.--Section 1302 of title 40, United States Code, is repealed. (b) Conforming Amendment.--The analysis for chapter 13 of such title is amended by striking the item relating to section 1302.

Public Private Partnership Act of 2003 - Authorizes the Administrator of General Services to enter into agreements with non-Federal entities for: (1) the acquisition, lease, construction, rehabilitation, operation, maintenance, or use of real property under the jurisdiction of the General Services Administration (GSA) or another landholding agency; or (2) other activities relating to the property deemed appropriate by the Administrator. Allows the Administrator to enter into such agreements with regard to real property under the jurisdiction of non-GSA landholding agencies only upon the request of the head of the agency and a determination by that agency head that the property is not excess property. Sets forth terms and conditions for agreements. Requires fair consideration and authorizes in-kind consideration. Authorizes the Administrator to convey interests in real property to nonfederal entities. Exempts agreements pursuant to this Act from the congressional approval requirement of existing law. Allows the Administrator to waive other specified legal requirements as necessary. Requires the Administrator to transmit a report on the proposed agreement to Congress as a prerequisite to entering into an agreement. Requires proceeds from agreements to be deposited into the Federal Buildings Fund. Provides for the recovery of expenses incurred with respect to agreements. States that the Administrator's authority to enter into agreements pursuant to this Act shall expire six years from enactment.

To amend title 40, United States Code, to make reforms in the management and development of Federal real property.

SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Online Investor Protection Act of 1999''. (b) Definitions.--In this Act-- (1) the term ``Commission'' means the Securities and Exchange Commission; (2) the term ``Internet'' means the international computer network of both Federal and non-Federal interoperable packet switched data networks; (3) the term ``interactive computer service'' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; (4) the term ``investment adviser'' has the same meaning as in section 202 of the Investment Advisers Act of 1940; (5) the term ``investment company'' has the same meaning as in section 3 of the Investment Company Act of 1940; (6) the term ``registered broker or dealer'' has the same meaning as in section 3 of the Securities Exchange Act of 1934; and (7) the term ``retail investor'' means-- (A) any investor other than an accredited investor (as defined in section 2(a)(15) of the Securities Act of 1933); and (B) any other similar person or class of persons, as the Commission determines to be appropriate. SEC. 2. ONLINE TRADING DISCLOSURES. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 35A the following: ``SEC. 35B. ONLINE TRADING DISCLOSURES. ``(a) In General.--Each online broker or dealer shall, on a quarterly basis, make available on the Internet or other interactive computer service, such information as the Commission may require, by rule or order, taking into account the needs of customers, and in such format and within such time periods as the Commission may prescribe regarding-- ``(1) the date, time, and duration of any system outage or other event that prevented or materially delayed the execution of online securities transactions during the preceding quarter; ``(2) any steps taken to address or prevent such outages or events; and ``(3) information regarding limiting risk of loss to securities investors that is unique to online trading, as required by the Commission, by rule or order. ``(b) Exceptions.--The Commission, by rule or order, may exempt from the requirements of subsection (a) any online broker or dealer, or class of online brokers or dealers, as the Commission determines to be appropriate. ``(c) Definitions.--In this section-- ``(1) the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet switched data networks; ``(2) the term `interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; ``(3) the term `online broker or dealer' means any broker or dealer that provides retail investors with a means to effect securities transactions over the Internet or an interactive computer service; ``(4) the term `online securities transaction' means a securities transaction effected between a retail investor and an online broker or dealer over the Internet or an interactive computer service; and ``(5) the term `retail investor' means-- ``(A) any customer of an online broker or dealer, other than an accredited investor (as defined in section 2(a)(15) of the Securities Act of 1933); and ``(B) any other similar person or class of persons, as the Commission determines to be appropriate, by rule or order.''. SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET. (a) In General.--Section l5A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting the following: ``(i) Obligation To Maintain Disciplinary and Other Data.-- ``(1) Maintenance of system to respond to inquiries.--A registered securities association shall-- ``(A) establish and maintain a toll-free telephone listing or other readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings and other information involving its members and associated persons of those members; and ``(B) promptly respond to such inquiries. ``(2) Recovery of costs.--A registered securities association may charge persons, other than individual investors, reasonable fees for responses to inquiries referred to in paragraph (1). ``(3) Limitation on liability.--A registered securities association shall not have any liability to any person for any action taken or omitted in good faith under this subsection.''. (b) Records and Reports of Investment Advisers.--Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended-- (1) by striking ``Every investment'' and inserting the following: ``(a) In General.--Every investment''; and (2) by adding at the end the following: ``(b) Filing Depositories.--The Commission, by rule or order, may require an investment adviser-- ``(1) to file with the Commission any fee, application, report, or notice required to be filed by this title or the rules issued under this title through any entity designated by the Commission for that purpose; and ``(2) to pay the reasonable costs associated with such filing and the establishment and maintenance of the systems required by subsection (c). ``(c) Access to Disciplinary and Other Information.-- ``(1) Maintenance of system to respond to inquiries.--The Commission shall require an entity designated by the Commission pursuant to subsection (b)(1)-- ``(A) to establish and maintain a toll-free telephone listing or other readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings and other information involving investment advisers and persons associated with investment advisers; and ``(B) to respond promptly to such inquiries. ``(2) Recovery of costs.--An entity designated under subsection (b)(1) may charge persons, other than individual investors, reasonable fees for responses to inquiries referred to in paragraph (1). ``(3) Limitation on liability.--An entity designated under subsection (b)(1) shall not have any liability to any person for any action taken or omitted in good faith under this subsection.''. (c) Conforming Amendments.-- (1) In general.--Section 203A of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3a) is amended-- (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Repeal.--Section 306 of the National Securities Markets Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is repealed. SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION. (a) Electronic Links.--Not later than 1 year after the date of enactment of this Act, each broker or dealer, investment company, and investment adviser that effects securities transactions with retail investors, or makes securities market information available to retail investors for the purpose of effecting such transactions over the Internet or other interactive computer service, shall provide to those investors information regarding investor education and fraud prevention provided by the Commission, through a hypertext link to a Commission website established for that purpose, or in such other manner as may be prescribed by the Commission. (b) Regulatory Action.--The Commission shall issue final regulations to implement this section not later than 6 months after the date of enactment of this Act. SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS. (a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the Act or omission resulting in a violation referred to in paragraph (1) the amount of the penalty provided for in this paragraph shall be doubled.''. (b) Securities Exchange Act of 1934.-- (1) Section 21.--Section 21(d)(3)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end the following: ``(iv) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B) is used as part of the act or omission resulting in a violation referred to in subparagraph (A), the amount of the penalty provided for in this subparagraph shall be doubled.''. (2) Section 21b.--Section 21B(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the following: ``(4) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B) is used as part of the act or omission resulting in a violation referred to in subsection (a), the amount of the penalty provided for in this subsection shall be doubled.''. (c) Investment Advisers Act of 1940.-- (1) Section 203.--Section 203(i)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. (2) Section 209.--Section 209(e)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. (d) Investment Company Act of 1940.--Section 9(d)(2) of the Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING. (a) Study.--The Commission shall conduct a study of the effects that trading in securities by retail investors over the Internet or other interactive computer service has on the securities markets, including-- (1) with respect to ``day trading'' activities-- (A) whether a greater risk of fraud exists; (B) whether such trading results in market volatility; (C) the effects on individual companies, the stock of which fluctuates as a result of such volatility, if any; and (D) the effects on investors and their investment patterns resulting from such volatility, if any; and (2) the quality of execution received through online trading services, including the effect of ``payment for order flow'' and other practices on-- (A) the promptness of execution; and (B) the purchase or sale price obtained for the retail investor. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Congress a report on the results of its study under subsection (a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Office of Internet Enforcement of the Securities and Exchange Commission $70,000,000 for each of fiscal years 2000 through 2004, for the purpose of Internet enforcement and other related investor protection activities, subject to appropriations Acts.

Amends the Investment Advisers Act of 1940 to: (1) authorize the SEC to require an investment adviser to file requisite fees and documents with an SEC designee; and (2) require the SEC to require a designee to establish and maintain a readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings regarding its members. Sets a deadline for brokers, dealers, investment companies, and investment advisers engaged in retail transactions to make available to retail investors through a hypertext link to an SEC website access to SEC information regarding investor education and fraud prevention. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to double the civil penalty for Internet-related violations. Directs the SEC to study and report to Congress on the market impact of online trading. Authorizes appropriations to the SEC Office of Internet Enforcement for investor protection activities.

Online Investor Protection Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Access to Capital Act of 2014''. SEC. 2. NEW TRANCHES OF CAPITAL FOR SUCCESSFUL STATE PROGRAMS. Section 3003 of the Small Business Jobs Act of 2010 (12 U.S.C. 5702) is amended by adding at the end the following: ``(d) Additional Allocation and Competitive Awards.-- ``(1) Definitions.--In this subsection-- ``(A) the term `eligible participating State' means a participating State that has certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the second \1/3\ of the 2010 allocation transferred to the State under subsection (c)(1)(A)(iii); and ``(B) the term `unused funds' means-- ``(i) amounts made available to the Secretary under clause (i)(II) or (ii)(II) of paragraph (2)(E); and ``(ii) amounts made available to the Secretary under paragraph (4)(B)(ii). ``(2) Allocation for 2010 participating states.-- ``(A) Allocation.--Of the amount made available under paragraph (6)(D), the Secretary shall allocate a total of $500,000,000 among eligible participating States in the same ratio as funds were allocated under the 2010 allocation under subsection (b)(1) among participating States. ``(B) Application.--An eligible participating State desiring to receive funds allocated under this paragraph shall submit an application-- ``(i) not later than the later of-- ``(I) June 30, 2015; or ``(II) the date that is 6 months after the date of enactment of the Small Business Access to Capital Act of 2014; and ``(ii) in such manner and containing such information as the Secretary may require. ``(C) Availability of allocated amount.-- Notwithstanding subsection (c)(1), after an eligible participating State approved by the Secretary to receive an allocation under this paragraph has certified to the Secretary that the eligible participating State has expended, transferred, or obligated not less than 80 percent of the last \1/3\ of the 2010 allocation to the eligible participating State, the Secretary shall transfer to the eligible participating State the funds allocated to the eligible participating State under this paragraph. ``(D) Use of transferred funds.--An eligible participating State may use funds transferred under this paragraph for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). ``(E) Termination of availability of amounts.-- ``(i) In general.--If an eligible participating State has not certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the last \1/3\ of the 2010 allocation as of the date that is 2 years after the date on which the Secretary approves the eligible participating State to receive an allocation under this paragraph, any amounts allocated to the eligible participating State under this paragraph-- ``(I) may not be transferred to the eligible participating State under this paragraph; and ``(II) shall be available to the Secretary to make awards under paragraph (4). ``(ii) Other amounts.--Effective on the date that is 2 years after the date of enactment of the Small Business Access to Capital Act of 2014, any amounts allocated under this paragraph to a participating State that, as of such date, is not an eligible participating State or to an eligible participating State that did not submit an application under subparagraph (B) or was not approved by the Secretary to receive an allocation under this paragraph-- ``(I) may not be transferred to an eligible participating State under this paragraph; and ``(II) shall be available to the Secretary to make awards under paragraph (4). ``(3) Competitive funding.-- ``(A) In general.--Of the amount made available under paragraph (6)(D), the Secretary may award, on a competitive basis, not more than a total of $1,000,000,000 to participating States and consortiums of participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). ``(B) Application.-- ``(i) In general.--A participating State or consortium of participating States desiring to receive an award under this paragraph shall submit an application-- ``(I) not later than the date established by the Secretary, which shall be not later than the date that is 1 year after the date of enactment of the Small Business Access to Capital Act of 2014; and ``(II) in such manner and containing such information as the Secretary may require. ``(ii) Number of applications.--A participating State may submit not more than 1 application on behalf of the participating State and not more than 1 application as part of a consortium of participating States. ``(iii) States that did not participate.--A State that is not a participating State may apply to the Secretary for approval to be a participating State for purposes of this paragraph and paragraph (4), in accordance with section 3004. ``(C) Factors.--In determining whether to make an award to a participating State or consortium of participating States under this paragraph, the Secretary shall consider-- ``(i) how the participating State or consortium of participating States plan to use amounts provided under the award under the approved State program to-- ``(I) leverage private sector capital; ``(II) create and retain jobs during the 2-year period beginning on the date of the award; ``(III) serve businesses that have been incorporated or in operation for not more than 5 years; and ``(IV) serve low-or-moderate-income communities; ``(ii) the extent to which the participating State or consortium of participating States will establish or continue a robust self-evaluation of the activities of the participating State or consortium of participating States using amounts made available under this title; ``(iii) the extent to which the participating State or consortium of participating States will provide non-Federal funds in excess of the amount required under subparagraph (E); and ``(iv) the extent to which the participating State expended, obligated, or transferred the 2010 allocation to the State. ``(D) Award of funds.-- ``(i) First tranche.--Notwithstanding subsection (c)(1), and not later than 30 days after making an award under this paragraph to a participating State or consortium of participating States, the Secretary shall transfer 50 percent of the amount of the award to the participating State or consortium of participating States. ``(ii) Second tranche.--After a participating State or consortium of participating States has certified to the Secretary that the participating State or consortium of participating States has expended, transferred, or obligated not less than 80 percent of the amount transferred under clause (i), the Secretary shall transfer to the participating State or consortium of participating States the remaining amount of the award. ``(E) State share.--The State share of the cost of the activities, excluding administrative expenses, carried out using an award under this paragraph shall be not less than 10 percent. The Secretary may determine what contributions by a State qualify as part of the State share of the cost for purposes of this subparagraph. ``(4) Award of unused funds.-- ``(A) In general.--The Secretary may award, on a competitive basis, unused funds to participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3). ``(B) Unused 2010 funds.-- ``(i) In general.--The Secretary shall determine whether any amounts allocated to a participating State under subsection (b) shall be deemed no longer allocated and no longer available if a participating State has not certified to the Secretary that the State has expended, transferred, or obligated 80 percent of the second \1/3\ of the 2010 allocation by December 31, 2016. ``(ii) Availability.--Effective on the date of the determination under clause (i), any amounts identified in the determination that were deemed no longer allocated and no longer available to the participating State shall be available to the Secretary to make awards under this paragraph. ``(C) Application.--A participating State desiring to receive an award under this paragraph shall submit an application-- ``(i) not later than 3 months after the date on which funds are deemed no longer allocated and no longer available to any participating State; and ``(ii) in such manner and containing such information as the Secretary may require. ``(D) Factors.--In determining whether to make an award to a participating State under this paragraph, the Secretary shall consider the factors described in paragraph (3)(C). ``(E) Minimum amount.--The Secretary may not make an award of less than $5,000,000 under this paragraph. ``(5) Extension of compliance and reporting.-- Notwithstanding section 3007(d), a participating State that receives funds under paragraph (2), (3), or (4) shall submit quarterly and annual reports containing the information described in section 3007 until the end of the 8-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014. ``(6) Administration and implementation.-- ``(A) Administrative expenses for participating states.--A participating State may use not more than 3 percent of the amount made available to the participating State under paragraph (2), (3), or (4) for administrative expenses incurred by the participating State in implementing an approved State program. ``(B) Contracting.--During the 1-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014, and notwithstanding any other provision of law relating to public contracting, the Secretary may enter into contracts to carry out this subsection. ``(C) Amounts not assistance.--Any amounts transferred to a participating State under paragraph (2), (3), or (4) shall not be considered assistance for purposes of subtitle V of title 31, United States Code. ``(D) Appropriation.--There are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $1,500,000,000 to carry out this subsection, including to pay reasonable costs of administering the programs under this subsection, to remain available until expended. ``(E) Termination of secretary's program administration functions.--The authorities and duties of the Secretary to implement and administer the program under this subsection shall terminate at the end of the 8-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2014.''.

Small Business Access to Capital Act of 2014 - Amends the Small Business Jobs Act of 2010 to extend for an additional eight fiscal years the State Small Business Credit Initiative to assist participating states to give collateral support and other innovative credit access and guarantee initiatives for small businesses and manufacturers. Prescribes allocations of federal funds to participating states. Authorizes the Secretary of the Treasury to award, on a competitive basis, up to a total of $1 billion in two tranches, according to specified criteria, to participating states and consortiums of participating states for use: (1) for making federal contributions to, or for the account of, an approved state program; and (2) as collateral for a qualifying loan or swap funding facility.

Small Business Access to Capital Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Medication Access for Veterans Act''. SEC. 2. ELIGIBILITY OF MEDICARE-ELIGIBLE VETERANS FOR OUT-PATIENT MEDICATION BENEFIT. (a) Restatement of Current Law on Drugs and Medications and Provision of Out-Patient Medication Benefit.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1710B the following new section: ``Sec. 1710C. Drugs and medications; vaccines ``(a)(1) The Secretary shall furnish to each veteran who is receiving additional compensation or allowance under chapter 11 of this title, or increased pension as a veteran of a period of war, by reason of being permanently housebound or in need of regular aid and attendance, such drugs and medicines (subject to subsection (d)) as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by such veteran. ``(2) The Secretary shall continue to furnish such drugs and medicines ordered under paragraph (1) to any such veteran in need of regular aid and attendance whose pension payments have been discontinued solely because such veteran's annual income is greater than the applicable maximum annual income limitation, but only so long as such veteran's annual income does not exceed such maximum annual income limitation by more than $1,000. ``(b)(1) Any medicare-eligible veteran may elect to be furnished by the Secretary, on an out-patient basis, such drugs and medicines (subject to subsection (d)) as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by such veteran. ``(2) In this subsection, the term `medicare-eligible veteran' means any veteran who-- ``(A) is entitled to or enrolled in hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); or ``(B) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.). ``(3) The Secretary shall furnish to any veteran who makes an election under paragraph (1), on an out-patient basis, such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by such veteran. ``(4)(A) Notwithstanding any other provision of law and except as provided in subparagraph (B), a veteran who makes an election under paragraph (1) shall not be eligible for care and services under this chapter during the year covered by the election. ``(B) Subparagraph (A) shall not apply with respect to any veteran who has a compensable service-connected disability. ``(5) The furnishing of drugs and medicines under this subsection shall be subject to the provisions of section 1722A(b) of this title. ``(6)(A) An election under paragraph (1) shall be for a calendar year, and shall be irrevocable for the year covered by such election. An election may be renewed. ``(B) The Secretary shall prescribe the form, manner, and timing of an election. ``(7) Before permitting a veteran to make an election under paragraph (1), the Secretary shall provide the veteran such educational materials and other information on the furnishing and receipt of drugs and medicines under this subsection as the Secretary considers appropriate to inform the veteran of the benefits and costs of being furnished drugs and medicines under this subsection, including materials and information on the consequences of making an election under paragraph (1) and on the fees, copayments, or other amounts required under section 1722A(b) of this title for drugs and medicines furnished under this subsection. ``(c)(1) In order to assist the Secretary of Health and Human Services in carrying out national immunization programs under other provisions of law, the Secretary may authorize the administration of immunizations to eligible veterans who voluntarily request such immunizations in connection with the provision of care for a disability under this chapter in any Department health care facility. ``(2) Any immunization under paragraph (1) shall be made using vaccine furnished by the Secretary of Health and Human Services at no cost to the Department. For such purpose, notwithstanding any other provision of law, the Secretary of Health and Human Services may provide such vaccine to the Department at no cost. ``(3) Section 7316 of this title shall apply to claims alleging negligence or malpractice on the part of Department personnel granted immunity under such section. ``(d) Drugs and medicines may be furnished under subsections (a) and (b) only if included on the National Prescription Drug Formulary of the Department, except that the Secretary may authorize the furnishing of a drug or medicine not included on that formulary under such circumstances as the Secretary determines warranted.''. (b) Copayment Requirements.-- (1) In general.--Section 1722A of such title is amended-- (A) in subsection (a)(1), by inserting ``(other than a veteran covered by subsection (b))'' after ``require a veteran''; (B) by redesignating subsections (b), (c), and (d), as subsections (c), (d), and (e), respectively; and (C) by inserting after subsection (a) the following new subsection (b): ``(b)(1) In the case of a veteran who is furnished medications on an out-patient basis under section 1710C(b) of this title, the Secretary shall require the veteran to pay, at the election of the Secretary, one or more of the following: ``(A) An annual enrollment fee in an amount determined appropriate by the Secretary. ``(B) A copayment for each 30-day supply of such medications in an amount determined appropriate by the Secretary. ``(C) An amount equal to the cost to the Secretary of such medications, as determined by the Secretary. ``(2)(A) In determining the amounts to be paid by a veteran under paragraph (1), and the basis of payment under one or more subparagraphs of that paragraph, the Secretary shall ensure that the total amount paid by veterans for medications under that paragraph in a year is not less than the costs of the Department in furnishing medications to veterans under section 1710C(b) of this title during that year, including the cost of purchasing and furnishing medications, and other costs of administering that section. ``(B) The Secretary shall take appropriate actions to ensure, to the maximum extent practicable, that amounts paid by veterans under paragraph (1) in a year are equal to the costs of the Department referred to in subparagraph (A) in that year. ``(3) In determining amounts under paragraph (1), the Secretary may take into account the following: ``(A) Whether or not the medications furnished are generic medications or brand name medications. ``(B) Whether or not the medications are furnished by mail. ``(C) Any other matters the Secretary considers appropriate. ``(4) The Secretary may from time to time adjust any amount determined by the Secretary under paragraph (1), as previously adjusted under this paragraph, in order to meet the purpose specified in paragraph (2).''. (2) Cross reference amendments.--Subsection (d) of such section, as redesignated by paragraph (1)(B), is amended-- (A) by striking ``subsection (a)'' and inserting ``subsections (a) and (b)''; and (B) by striking ``subsection (b)'' and inserting ``subsection (c)''. (3) Deposit of collections in medical care collections fund.--Paragraph (4) of section 1729A(b) of such title is amended to read as follows: ``(4) Subsection (a) or (b) of section 1722A of this title.''. (c) Conforming Amendments.-- (1) Enrollment ineligibility.--Section 1707 of such title is amended by adding at the end the following new subsection: ``(c) Notwithstanding any other provision of law, a veteran who makes an election authorized by section 1710C(b) of this title (other than a veteran covered by paragraph (4)(B) of that section) shall not, for the period of such election, be eligible for care and services under this chapter, except as provided in that section.''. (2) Repeal of restated provisions.--Section 1712 of such title is amended by striking subsections (d) and (e). (d) Clerical Amendments.-- (1) Section heading.--The heading for section 1712 of such title is amended to read as follows: ``Sec. 1712. Dental care''. (2) Table of sections.--The table of sections at the beginning of chapter 17 of such title is amended-- (A) by inserting after the item relating to section 1710B the following new item: ``1710C. Drugs and medications; vaccines.''; and (B) by striking the item relating to section 1712 and inserting the following new item: ``1712. Dental care.''.

Improving Medication Access for Veterans Act - Directs the Secretary of Veterans Affairs to furnish certain prescribed drugs and medicines (i.e., only drugs and medicines included on the National Prescription Drug Formulary of the Department of Veterans Affairs) as specific therapy in the treatment of any illness or injury suffered by each veteran who is receiving additional compensation or allowance due to a service-connected disability, or an increased pension as a veteran of a period of war, by reason of being permanently housebound or in need of regular aid and attendance. Allows any Medicare-eligible veteran to elect to be furnished by the Secretary, on an outpatient basis, such drugs and medicines as specific therapy for any illness or injury suffered by the veteran. Requires such election to last for a calendar year and be irrevocable. Allows for election renewal. Requires appropriate information to be furnished to each veteran prior to making an election. Authorizes the Secretary to administer immunizations to veterans who voluntarily request such immunizations in connection with care for a disability in a Department of Veterans Affairs health care facility. Provides for appropriate copayments for the drugs and medicines received by veterans under this Act.

To amend title 38, United States Code, to permit Medicare-eligible veterans to receive an out-patient medication benefit, to provide that certain veterans who receive such benefit are not otherwise eligible for medical care and services from the Department of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education Assessment Technical Corrections Act''. SEC. 2. HIGHLY QUALIFIED TEACHERS. (a) Extension of Deadline To Satisfy Requirements Relating to Highly Qualified Teachers.--Section 1119(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319(a)) is amended-- (1) in paragraph (2), in the matter preceding subparagraph (A), by striking ``As part'' and inserting ``Except as provided in paragraph (4), as part''; (2) in paragraph (3), by striking ``As part'' and inserting ``Except as provided in paragraph (4), as part''; and (3) by adding at the end the following new paragraph: ``(4) Exception for hard to staff areas.--In the case of a teacher who is teaching in a geographic area that the State educational agency or local educational agency, as appropriate, has determined to be a hard to staff area, such State educational agency or local educational agency-- ``(A) shall ensure that such teacher-- ``(i) not later than the end of the 2007- 2008 school year, has satisfied not less than 80 percent of the requirements to be highly qualified; and ``(ii) not later than the end of the 2008- 2009 school year, is highly qualified; and ``(B) if the agency is not in compliance with subparagraph (A) for a year, the agency may not use funds received under title II of this Act for that year except for the purpose of attaining compliance with subparagraph (A).''. (b) High Objective Uniform State Standard of Evaluation (HOUSSE).-- Section 9101(23)(C)(ii)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(23)(C)(ii)(IV)) is amended by inserting ``, except as provided in paragraph (4) of section 1119(a),'' after ``is''. SEC. 3. ADEQUATE YEARLY PROGRESS. (a) Measurement Over More Than One Year.--Section 1111(b)(2)(I)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)(i)) is amended by striking ``if the percentage of students in that group'' and all that follows through ``; and'' and inserting ``if-- ``(I) the percentage of students in that group who did not meet or exceed the proficient level of academic achievement on the State assessments under paragraph (3) for that year decreased by 10 percent of that percentage from the preceding school year and that group made progress on one or more of the academic indicators described in subparagraph (C)(vi) or (vii); or ``(II) that group meets or exceeds the proficient level of academic achievement on the State assessments under paragraph (3) in the immediately preceding year; and''. (b) Effective Date.--The amendments made by subsection (a) shall take effect and apply beginning with the first academic year that begins after the date of the enactment of this Act. (c) Limited English Proficient Students and Children With Disabilities.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall submit to Congress a report containing recommendations for increasing the percentage of limited English proficient students (as defined in section 9101(25) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(25)) and children with disabilities (as defined in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)) who meet or exceed the State's proficient level of academic achievement on the State assessments under paragraph (3) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)). (d) Individualized Education Program.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following new subparagraph: ``(L) Students with disabilities.--In the case of a student with a disability, a student may be tested at the student's instructional level (as determined by the student's individualized education program), rather than grade level, provided that the assessments from year to year test the student's knowledge of an increasing breadth and level of difficulty to the State's content standards. Academic assessment shall be determined in accordance with the student's individualized education program, and, with parental approval, that assessment shall be applied in determining adequate yearly progress for the school and the district concerned. A student's individualized education program may not allow testing at the same instructional level year after year.''. (e) Single Count of Students.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 is further amended by adding at the end the following new subparagraph: ``(M) Single count of students.--In meeting the definition of adequate yearly progress under subparagraph (C), a State may allow students counted in two or more groups described in subparagraph (C)(v)(II) to be counted as an equal fraction of one for each such group.''. (f) Nuanced Sanctions.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 is further amended by adding at the end the following new subparagraph: ``(N) Nuanced sanctions.--When a school is not making adequate yearly progress by reason of a very small group of students (4 or fewer), the sanctions under subparagraph (A)(iii) shall provide, as a first step, not that the school is designated `needs improvement' but that the school redirect a portion of its funds under this Act to address the particular needs of that group, and must ensure that the group is taught by a highly qualified teacher.''. (g) Use of Growth Models.-- (1) In general.--During the 2007-2008 school year, the Secretary of Education shall continue to study growth models and to allow more States, as well as local educational agencies, to use growth models to achieve adequate yearly progress. (2) Sense of congress.--It is the sense of Congress that the growth models referred to in paragraph (1)-- (A) should enable schools to provide evidence that students have demonstrated acceptable achievement for purposes of State proficiency requirements; and (B) should encourage innovative ideas for high schools to demonstrate students are achieving academic proficiency and attaining graduation.

Education Assessment Technical Corrections Act - Amends the Elementary and Secondary Act of 1965 to except teachers in hard to staff areas from the requirement that all teachers teaching in core academic subjects within a state be highly qualified not later than the end of the 2005-2006 school year. Requires teachers in hard to staff areas, instead, to satisfy at least 80% of the requirements to be highly qualified by the end of the 2007-2008 school year, and satisfy all of them by the end of the following school year. Requires states and local educational agencies (LEAs) whose teachers do not meet such requirements to use all of their funds under Title II of the Act to achieve compliance. Revises requirements for assessments of student groups in measuring the adequate yearly progress (AYP) of the state, and of all public schools and LEAs in the state, toward enabling all public elementary school and secondary school students to meet the state's student academic achievement standards. Provides that a student group which has failed to meet or exceed achievement standards may satisfy assessment requirements if it met such standards in the immediately preceding year. Authorizes the testing of disabled students at their instructional level, rather than grade level, provided they show progress in accordance with individualized education programs. Permits states to change the method of counting students who are in more than one group. Revises the sanctions for schools which fail an assessment by reason of a group of no more than four students. Changes the sanction from designation as needing improvement to mandatory redirection of funds to the needs of such a group. Requires the Secretary of Education to make recommendations to Congress for increasing the percentage of limited English proficient students and disabled students who meet or exceed state academic achievement standards. Directs the Secretary, during the 2007-2008 school year, to continue to study growth models and allow more states and LEAs to use them to achieve AYP.

To amend the Elementary and Secondary Education Act of 1965 to clarify Federal requirements under that Act.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Carrier Access Amendments Act''. SEC. 2. ACCESSIBILITY OF IN-FLIGHT ENTERTAINMENT PROGRAMMING. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by inserting after section 41705 the following: ``Sec. 41705a. Accessibility of in-flight entertainment programming ``(a) In General.--In providing air transportation, an air carrier, including (subject to section 40105(b)) any foreign air carrier, shall ensure that-- ``(1) on and after the date that is 180 days after the date of the enactment of the Air Carrier Access Amendments Act, all visually displayed entertainment programming available to passengers on a flight is accessible to individuals with disabilities, including by-- ``(A) providing, or making available, open captioning for individuals with disabilities, including individuals who are deaf or hard of hearing, when such programming is available to passengers through shared video displays, such as a monitor located in a passenger access aisle; ``(B) providing, or making available, closed captioning for individuals with disabilities, including individuals who are deaf or hard of hearing, when such programming is available to passengers through individual video displays; and ``(C) providing, or making available, video description for individuals with disabilities, including individuals who are blind or visually impaired, when such programming is available to passengers through individual video displays or shared video displays; and ``(2) not later than the effective date of the regulations prescribed under subsection (c)(2), all individual video displays that display entertainment programming or information to passengers on a flight that are operated primarily by using touchscreens or other contact-sensitive controls include a mechanism that allows individuals with disabilities, including individuals who are blind or visually impaired, to independently operate the displays in accordance with the standards prescribed under subsection (c). ``(b) Enforcement.-- ``(1) In general.--The remedies and procedures set forth in section 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)), including the injunctive relief described in paragraph (2) of that section, shall be available to any person aggrieved by the failure of an air carrier to comply with subsection (a). ``(2) Enforcement by attorney general.--The provisions of section 308(b) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(b)) shall apply with respect to the compliance of air carriers with subsection (a) to the same extent that those provisions apply with respect to the compliance of covered entities with title III of that Act (42 U.S.C. 12181 et seq.). ``(c) Establishment of Standards for Operation of Individual Video Displays.-- ``(1) In general.--Not later than 18 months after the date of the enactment of the Air Carrier Access Amendments Act, the Architectural and Transportation Barriers Compliance Board shall, in consultation with the Secretary of Transportation, prescribe standards in accordance with chapter 5 of title 5 (commonly known as the `Administrative Procedure Act') setting forth the minimum technical criteria for individual video displays described in subsection (a)(2) to ensure that such video displays include a mechanism that allows individuals with disabilities to operate the displays independently. ``(2) Regulations.--Not later than 180 days after the Architectural and Transportation Barriers Compliance Board issues standards under paragraph (1), the Secretary shall prescribe such regulations as are necessary to implement those standards and shall publish those regulations in an accessible format. ``(3) Review and amendment.--The Architectural and Transportation Barriers Compliance Board, in consultation with the Secretary, shall periodically review and, as appropriate, amend the standards prescribed under paragraph (1) in accordance with chapter 5 of title 5. Not later than 180 days after the Architectural and Transportation Barriers Compliance Board issues amended standards under this paragraph, the Secretary shall make such revisions to the regulations prescribed under paragraph (2) as are necessary to implement the amended standards. ``(d) Definitions.--In this section: ``(1) Closed captioning.--The term `closed captioning' means a method, process, or mechanism, which may include a device, that-- ``(A) allows an individual who is deaf or hard of hearing to have access to the content of visually displayed entertainment programming; and ``(B) allows that access by displaying, through an individual device or individually used technology, all of the audio portion of the programming (including displaying the dialogue and any narration, as well as descriptions of on- and off-screen sounds such as sound effects, music, or lyrics for music, and information identifying the character who is speaking) as text that can be effectively viewed and controlled by that individual while the individual simultaneously watches the programming. ``(2) Individual with a disability.--The term `individual with a disability' means any person who has a disability as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102). ``(3) Open captioning.--The term `open captioning' means a method, process, or mechanism that-- ``(A) allows an individual who is deaf or hard of hearing to have access to the content of visually displayed entertainment programming; and ``(B) allows that access by openly displaying on the video display on which the programming is displayed all of the audio portion of the programming (including displaying the dialogue and any narration, as well as descriptions of on- and off-screen sounds such as sound effects, music, or lyrics for music, and information identifying the character who is speaking) as text that can be effectively viewed by that individual and other passengers while the individual and passengers simultaneously watch the programming. ``(4) Video description.--The term `video description' means a method, process, or mechanism, including a device, that-- ``(A) allows an individual who is blind or visually impaired to have access to the key visual elements of visually displayed entertainment programming (such as actions, settings, facial expressions, costumes, and scene changes); and ``(B) allows that access through the provision of contemporaneous audio narrated descriptions of those elements during the natural pauses in the audio portion of the programming, or during the audio portion if necessary. ``(5) Visually displayed entertainment programming.--The term `visually displayed entertainment programming' means live televised events, recorded programming (including television programs), or motion pictures that are available to passengers, for a fee or without cost, on a flight in air transportation.''. (b) Clerical Amendment.--The analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41705 the following: ``41705a. Accessibility of in-flight entertainment programming.''.

Air Carrier Access Amendments Act - Requires domestic and foreign air carriers to ensure that all visually displayed entertainment programming available to flight passengers is accessible to individuals with disabilities, including by making available open captioning (openly displaying text on a shared video monitor), closed captioning (displaying text through an individual video monitor), and video description (audio-narrated descriptions through individual or shared monitors) for individuals who are deaf, hard of hearing, blind, or visually impaired, as the case may be. Requires in addition that all individual video displays to flight passengers of entertainment programming or information that are operated primarily by use of touchscreens or other contact-sensitive controls include a mechanism allowing individuals with disabilities to operate such displays independently in accordance with standards the Access Board shall establish. Makes certain penalties under the Americans with Disabilities Act of 1990 available to persons aggrieved by an air carrier's failure to comply with this Act.

Air Carrier Access Amendments Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Caller ID Act of 2007''. SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION INFORMATION. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Provision of Deceptive Caller Identification Information.-- ``(1) In general.--It shall be unlawful for any person within the United States, in connection with any telecommunications service or VOIP service, to cause any caller identification service to transmit misleading or inaccurate caller identification information, with the intent to defraud or cause harm. ``(2) Protection for blocking caller identification information.--Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information. ``(3) Regulations.-- ``(A) Deadline.--Not later than 6 months after the enactment of this subsection, the Commission shall prescribe regulations to implement this subsection. ``(B) Consideration of related regulations.--In conducting the proceeding to prescribe the regulations required by subparagraph (A) of this paragraph, the Commission shall examine whether the Commission's regulations under subsection (b)(2)(B) of this section should be revised to require non-commercial calls to residential telephone lines using an artificial or pre- recorded voice to deliver a message to transmit caller identification information that is not misleading or inaccurate. ``(4) Effect on other laws.--Nothing in this subsection shall be construed to authorize or prohibit any investigative, protective, or intelligence activities performed in connection with official duties, and in accordance with all applicable laws, by a law enforcement agency of the United States, a State, or a political subdivision of a State, or by an intelligence agency of the United States. ``(5) Savings provision.--Except for paragraph (3)(B), nothing in this subsection may be construed to affect or alter the application of the Commission's regulations regarding the requirements for transmission of caller identification information, issued pursuant to the Telephone Consumer Protection Act of 1991 (Public Law 102-243) and the amendments made by such Act. ``(6) Definitions.--For purposes of this subsection: ``(A) Caller identification information.--The term `caller identification information' means information provided to an end user by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or VOIP service. ``(B) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or VOIP service. Such term includes automatic number identification services. ``(C) VOIP service.--The term `VOIP service' means a service that-- ``(i) provides real-time voice communications transmitted through end user equipment using TCP/IP protocol, or a successor protocol, for a fee or without a fee; ``(ii) is offered to the public, or such classes of users as to be effectively available to the public (whether part of a bundle of services or separately); and ``(iii) has the capability to originate traffic to, or terminate traffic from, the public switched telephone network.''. Passed the House of Representatives June 12, 2007. Attest: LORRAINE C. MILLER, Clerk.

Truth in Caller ID Act of 2007 - Amends the Communications Act of 1934 to make it unlawful for any person in the United States, in connection with any telecommunication service or VOIP (voice over Internet protocol) service, to cause any caller identification service to transmit misleading or inaccurate caller identification information ("spoofing") with the intent to defraud or cause harm. Prohibits construing these provisions to prevent blocking caller identification or to authorize or prohibit law enforcement or U.S. intelligence agency activities.

To amend the Communications Act of 1934 to prohibit manipulation of caller identification information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``End Gun Trafficking Act of 2008''. SEC. 2. PROHIBITION AGAINST MULTIPLE HANDGUN SALES OR PURCHASES. (a) Prohibition.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa) Prohibition Against Multiple Handgun Sales or Purchases.-- ``(1) Sale.--It shall be unlawful to sell or otherwise dispose of a handgun that has been shipped or transported in interstate or foreign commerce to any person who is not licensed under section 923 knowing or having reasonable cause to believe that such person purchased a handgun during the 30- day period ending on the date of such sale or disposition. ``(2) Purchase.--It shall be unlawful for any person who is not licensed under section 923 to purchase more than 1 handgun that has been shipped or transported in interstate or foreign commerce during any 30-day period. ``(3) Exceptions.--Paragraphs (1) and (2) shall not apply to-- ``(A) exchange of 1 handgun for 1 handgun; ``(B) the transfer to or purchase by the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; ``(C) the transfer to or purchase by a law enforcement officer employed by an entity referred to in subparagraph (B) of a handgun for law enforcement purposes (whether on or off duty); ``(D) the transfer to or purchase by a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for law enforcement purposes (whether on or off duty); or ``(E) the transfer or purchase of a handgun listed as a curio or relic by the Attorney General pursuant to section 921(a)(13).''. (b) Penalties.--Section 924(a)(2) of title 18, United States Code, is amended by striking ``or (o)'' and inserting ``(o), or (aa)''. (c) Conforming Amendments.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 922(t)-- (A) in paragraph (1)(B)(ii), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; (B) in paragraph (2), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; (C) in paragraph (4), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; and (D) in paragraph (5), by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''; and (2) in section 925A, by striking ``(g) or (n)'' and inserting ``(g), (n), or (aa)(2)''. (d) Eliminate Multiple Sales Reporting Requirement.--Section 923(g) of title 18, United States Code, is amended by striking paragraph (3). (e) Authority To Issue Rules and Regulations.--The Attorney General shall prescribe any rules and regulations as are necessary to ensure that the national instant criminal background check system is able to identify whether receipt of a handgun by a prospective transferee would violate section 922(aa) of title 18, United States Code. SEC. 3. INCREASED PENALTIES FOR MAKING KNOWINGLY FALSE STATEMENTS IN CONNECTION WITH FIREARMS. Section 924(a)(3) of title 18, United States Code, is amended in the matter following subparagraph (B) by striking ``one year'' and inserting ``5 years''. SEC. 4. RETENTION OF RECORDS. (a) Retention of Records.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``not less than 180 days after the transfer is allowed,'' before ``destroy''. (b) Repeals.-- (1) Fiscal year 2004.--Section 617 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 95) is amended-- (A) by striking ``(a)''; (B) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (C) by striking ``; and'' and all that follows and inserting a period. (2) Fiscal year 2005.--Section 615 of division B of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 2915) is amended-- (A) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (B) by striking ``; and'' and all that follows and inserting a period. (3) Fiscal year 2006.--Section 611 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2336) is amended-- (A) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (B) by striking ``; and'' and all that follows and inserting a period. (4) Fiscal year 2008.--Section 512 of division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1926) is amended-- (A) by striking ``for--'' and all that follows through ``(1)'' and inserting ``for''; and (B) by striking ``; and'' and all that follows and inserting a period. SEC. 5. REVISED DEFINITION. Section 921(a)(21)(C) of title 18, United States Code, is amended by inserting ``, except that such term shall include any person who transfers more than 1 handgun in any 30-day period to a person who is not a licensed dealer'' before the semicolon.

End Gun Trafficking Act of 2008 - Amends the federal criminal code to: (1) prohibit a firearms dealer from selling a handgun to an unlicensed individual if such dealer knows or has reasonable cause to believe that such individual has purchased another handgun within the previous 30 days; (2) prohibit an unlicensed buyer of firearms from purchasing more than one handgun during any 30-day period; (3) increase from one to five years the maximum prison term for firearms dealers who make false statements in their sales records; and (4) require background check records to be retained for not less than 180 days. Repeals prohibitions on the use of funds for: (1) implementation of the national instant criminal background check system for firearms; and (2) background check systems that do not require and result in the destruction within 24-hours of any identifying information for individuals determined not to be prohibited from possessing or receiving a firearm.

A bill to reduce gun trafficking by prohibiting bulk purchases of handguns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Traffic Controller Hiring Improvement Act of 2016''. SEC. 2. HIRING OF AIR TRAFFIC CONTROLLERS. (a) In General.--Section 44506 of title 49, United States Code, is amended by adding at the end the following: ``(f) Hiring of Certain Air Traffic Control Specialists.-- ``(1) Consideration of applicants.-- ``(A) Ensuring selection of most qualified applicants.--In appointing individuals to the position of air traffic controllers, the Administrator shall give preferential consideration to qualified individuals maintaining 52 consecutive weeks of air traffic control experience involving the active separation of air traffic after receipt of an air traffic certification or air traffic control facility rating within 5 years of application while serving at-- ``(i) a Federal Aviation Administration air traffic control facility; ``(ii) a civilian or military air traffic control facility of the Department of Defense; or ``(iii) a tower operating under contract with the Federal Aviation Administration under section 47124. ``(B) Consideration of additional applicants.--The Administrator shall consider additional applicants for the position of air traffic controller by referring an approximately equal number of employees for appointment among 2 applicant pools. The number of employees referred for consideration from each group shall not differ by more than 10 percent. ``(i) Pool one.--Pool one shall consist of applicants who-- ``(I) have successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program maintained under subsection (c)(1) who have received from the institution-- ``(aa) an appropriate recommendation; or ``(bb) an endorsement certifying that the applicant would have met the requirements in effect as of December 31, 2013, for an appropriate recommendation; ``(II) are eligible for a veterans recruitment appointment pursuant to section 4214 of title 38 and provide a Certificate of Release or Discharge from Active Duty within 120 days of the announcement closing; ``(III) are eligible veterans under section 4211 of title 38 maintaining aviation experience obtained in the course of the individual's military experience; or ``(IV) are preference eligible veterans pursuant to section 2108 of title 5. ``(ii) Pool two.--Pool two shall consist of applicants who apply under a vacancy announcement recruiting from all United States citizens. ``(2) Use of biographical assessments.-- ``(A) Biographical assessments.--The Administration may not use any biographical assessment when hiring under subparagraph (A) or subparagraph (B)(i) of paragraph (1). ``(B) Reconsideration of applicants disqualified on the basis of biographical assessments.-- ``(i) In general.--If an individual described in subparagraph (A) or subparagraph (B)(i) of paragraph (1) who applied for the position of air traffic controller with the Administration in response to Vacancy Announcement FAA-AMC-14-ALLSRCE-33537 (issued on February 10, 2014) and was disqualified from the position as the result of a biographical assessment, the Administrator shall provide the applicant an opportunity to reapply as soon as practicable for the position under the revised hiring practices. ``(ii) Waiver of age restriction.--The Administrator shall waive any maximum age restriction for the position of air traffic controller with the Administration that would otherwise disqualify an individual from the position if the individual-- ``(I) is reapplying for the position pursuant to clause (i) on or before December 31, 2017; and ``(II) met the maximum age requirement on the date of the individual's previous application for the position during the interim hiring process. ``(3) Maximum entry age for experienced controllers.-- Notwithstanding section 3307 of title 5, the maximum limit of age for an original appointment to a position as an air traffic controller shall be 35 years of age for those maintaining 52 weeks of air traffic control experience involving the active separation of air traffic after receipt of an air traffic certification or air traffic control facility rating in a civilian or military air traffic control facility.''. (b) Notification of Vacancies.--The Administrator of the Federal Aviation Administration shall consider directly notifying secondary schools and institutes of higher learning, including Historically Black Colleges and Universities, Hispanic-serving institutions, Minority Institutions, and Tribal Colleges and Universities, of the vacancy announcement under section 44506(f)(1)(B)(ii) of title 49, United States Code.

Air Traffic Controller Hiring Improvement Act of 2016 This bill directs the Federal Aviation Administration (FAA), in appointing air traffic controllers, to give preferential consideration to qualified individuals maintaining 52 consecutive weeks of experience involving the active separation of air traffic after receipt of an air traffic certification or facility rating within 5 years of application while serving at an FAA air traffic control facility, a civilian or military air traffic control facility of the Department of Defense, or a tower operating under contract with the FAA. The FAA shall consider additional applicants by referring an approximately equal number of employees for appointment among two applicant pools. The number referred from each group shall not differ by more than 10%. Pool one shall consist of applicants who: have successfully completed air traffic controller training and graduated from an institution participating in the Collegiate Training Initiative program and have received an appropriate recommendation or endorsement from such institution, are eligible for a veterans recruitment appointment and provide a Certificate of Release or Discharge from Active Duty within 120 days of the announcement closing, are veterans eligible for veterans' benefits who maintain aviation experience obtained in the course of the individual's military experience, or are preference eligible veterans. Pool two shall consist of applicants who apply under a vacancy announcement recruiting from all U.S. citizens. The FAA: (1) may not use a biographical assessment when hiring, (2) must provide an individual who applied in response to a specified 2014 vacancy announcement and was disqualified as the result of a biographical assessment an opportunity to reapply under the revised hiring practices, and (3) must waive any maximum age limit for such reapplying applicants who met such requirement when they applied under such announcement. Otherwise, the maximum age limit for an original appointment as an air traffic controller under this bill shall be 35 years of age. The FAA shall consider directly notifying secondary schools and institutes of higher learning of a vacancy announcement for pool one applicants.

Air Traffic Controller Hiring Improvement Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Toxic Drywall Homeowner Relief Act of 2010''. SEC. 2. DEDUCTION FOR COSTS TO REMEDIATE THE PRESENCE OF DRYWALL CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM IN THE PRINCIPAL RESIDENCE OF THE TAXPAYER AND FOR TEMPORARY ALTERNATIVE LIVING COSTS INCURRED BY REASON OF THE PRESENCE OF SUCH DRYWALL. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. DEDUCTION FOR COSTS TO REMEDIATE THE PRESENCE OF DRYWALL CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM IN THE PRINCIPAL RESIDENCE OF THE TAXPAYER AND FOR TEMPORARY ALTERNATIVE LIVING COSTS INCURRED BY REASON OF THE PRESENCE OF SUCH DRYWALL. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a deduction an amount equal to-- ``(1) the qualified drywall removal and remediation costs paid or incurred by the taxpayer during the taxable year, and ``(2) the qualified alternative living costs so paid or incurred. ``(b) Dollar Limitations.-- ``(1) Drywall removal and remediation costs.--The deduction allowed by this section for qualified drywall removal and remediation costs for any taxable year shall not exceed the excess of-- ``(A) $20,000, over ``(B) the deduction allowed to the taxpayer by this section for qualified drywall removal and remediation costs for all prior taxable years. ``(2) Qualified alternative living costs.--The deduction allowed by this section for qualified alternative living costs for any taxable year shall not exceed the excess of-- ``(A) $12,000, over ``(B) the deduction allowed to the taxpayer by this section for qualified alternative living costs for all prior taxable years. No more than $1,000 of such costs may be taken into account for any month. ``(c) Definitions.--For purposes of this section-- ``(1) Eligible individual.--The term `eligible individual' means any individual if-- ``(A) drywall was installed in the principal residence of such individual after 2004 and before 2009, and ``(B) it is reasonable to believe that the drywall-- ``(i) was manufactured in the People's Republic of China, or ``(ii) contains elevated levels of sulphur or strontium. ``(2) Qualified drywall removal and remediation costs.--The term `qualified drywall removal and remediation costs' means costs incurred-- ``(A) to remove drywall containing elevated levels of sulphur or strontium from the principal residence of the taxpayer and to replace the drywall, ``(B) to remove and replace electrical system components and appliances which corroded by reason of the presence of such drywall, ``(C) to carry out other remediation activities recommended by the Consumer Product Safety Commission by reason of such drywall, and ``(D) for building inspections associated with any of the foregoing. ``(3) Qualified alternative living costs.--The term `qualified alternative living costs' means costs for lodging (not lavish or extravagant under the circumstances) occupied by the taxpayer for a reasonable period-- ``(A) while the taxpayer is determining whether the taxpayer's principal residence has drywall containing elevated levels of sulphur or strontium, and ``(B) while such drywall is being removed and replaced. ``(4) Principal residence.--The term `principal residence' has the meaning given to such term by section 121. ``(d) Certain Rules To Apply.--Rules similar to the rules under paragraphs (4), (5), (6), and (7) of section 25D(e) shall apply for purposes of this section. ``(e) Application of Section.--The section shall apply only to taxable years beginning after December 31, 2008, and before January 1, 2012.''. (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: ``(22) Deduction for costs to remove and replace certain drywall and for temporary alternative living costs.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as relating to section 225 and by inserting after the item relating to section 223 the following new item: ``Sec. 224. Deduction for costs to remediate the presence of drywall containing elevated levels of sulphur or strontium in the principal residence of the taxpayer and for temporary alternative living costs incurred by reason of the presence of such drywall.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. CREDIT FOR MOVING COSTS ASSOCIATED WITH VACATING TAXPAYER'S PRINCIPAL RESIDENCE BY REASON OF DRYWALL CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. MOVING COSTS ASSOCIATED WITH VACATING TAXPAYER'S PRINCIPAL RESIDENCE BY REASON OF DRYWALL CONTAINING ELEVATED LEVELS OF SULPHUR OR STRONTIUM. ``(a) In General.--In the case of an eligible individual (as defined in section 224(c)), there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified moving costs paid or incurred by the taxpayer during the taxable year. ``(b) Maximum Credit.--The aggregate costs taken into account under subsection (a) with respect to moves from and to the taxpayer's principal residence shall not exceed $1,000. ``(c) Qualified Moving Costs.--For purposes of this section, the term `qualified moving costs' means costs incurred-- ``(1) to move from the taxpayer's principal residence (within the meaning of section 121) to temporary lodging to be occupied by the taxpayer-- ``(A) while the taxpayer is determining whether the taxpayer's principal residence has drywall containing elevated levels of sulphur or strontium, and ``(B) while such drywall is being removed and replaced, and ``(2) to move from such lodging back to such residence. ``(d) Application of Section.--The section shall apply only to taxable years beginning after December 31, 2008, and before January 1, 2012.''. (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Moving costs associated with vacating taxpayer's principal residence by reason of drywall containing elevated levels of sulphur or strontium.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008.

Toxic Drywall Homeowner Relief Act of 2010 - Amends the Internal Revenue Code to allow a deduction from gross income for the cost of removing and remediating drywall installed in a principal residence between 2004 and 2009 which is reasonably believed to have been manufactured in China and which contains elevated levels of sulphur or strontium. Allows an additional deduction for the taxpayer's alternative living costs, and a tax credit of up to $1,000 for the cost of moving from a principal residence to temporary lodging, while drywall in such residence is being evaluated, removed, and replaced. Terminates the tax deductions and credit allowed by this Act after 2011.

To amend the Internal Revenue Code of 1986 to allow individuals a deduction for costs incurred to remediate the presence of drywall containing elevated levels of sulphur or strontium in the principal residence of the taxpayer, a deduction for alternative living costs incurred by reason of the need to vacate such residence because of such drywall, and a credit against income tax for the costs of moving to and from the temporary living quarters.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Procurement Efficiency Act of 1993''. SEC. 2. ON-LINE DATA BASE OF FEDERAL PROCUREMENT OPPORTUNITIES. (a) Establishment of Data Base.--Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is amended by adding at the end the following: ``(e)(1) The Secretary of Commerce shall establish a computerized data base of information regarding-- ``(A) procurements to be conducted by executive agencies; and ``(B) subcontracts to be awarded pursuant to those procurements. ``(2) The data base established under this subsection shall-- ``(A) include information that is substantially the same as the information relating to procurements by executive agencies that is published in the Commerce Business Daily; ``(B) include the notices furnished to the Secretary of Commerce under subsection (a)(1)(A); and ``(C) make that information and those notices publicly available to on-line users of the data base.''. (b) Implementation.--The Secretary of Commerce shall establish and make publicly available the data base required by the amendment made by subsection (a) by not later than 1 year after the date of the enactment of this Act. (c) Conforming Amendment.--Section 18(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(a)(2)) is amended by inserting after ``Daily'' the following: ``, and include promptly in the data base established under subsection (e),''. SEC. 3. IDENTIFICATION OF CONTRACTORS IN EXECUTIVE AGENCY PROCUREMENT RECORDS; SHARING OF PROCUREMENT RECORDS BY EXECUTIVE AGENCIES. Section 19 of the Office of Federal Procurement Policy Act (41 U.S.C. 417) is amended-- (1) in subsection (b)(1)(B) by inserting before the semicolon the following: ``, including the taxpayer identification number of the source''; and (2) by adding at the end the following: ``(e) Each executive agency shall make all records established and maintained under this section readily available to all other executive agencies.''. SEC. 4. INCREASE IN SMALL PURCHASE THRESHOLD. (a) Increase in Small Purchase Threshold.--Section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is amended by striking ``$25,000'' each place it appears and inserting ``$100,000''. (b) Requirement of Procurement Notices for All Competitive Procurements.--Section 18(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 416(a)(2)) is amended by striking ``for a price expected to exceed the small purchase threshold''. SEC. 5. CLARIFICATION OF AUTHORITY FOR PROCUREMENT REGULATIONS. Section 16 of the Office of Federal Procurement Policy Act (41 U.S.C. 414) is amended-- (1) in paragraph (3) by striking ``and'' after the semicolon; (2) in paragraph (4) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) include in each regulation governing procurement that is issued by the agency a citation of the specific statutory authority for the regulation.''. SEC. 6. REPRESENTATION OF SMALL BUSINESS ADMINISTRATION ON COST ACCOUNTING STANDARDS BOARD. Section 20(a)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(a)(1)) is amended-- (1) in the matter preceding subparagraph (A)-- (A) by striking ``5'' and inserting ``6''; and (B) by striking ``4'' and inserting ``5''; and (2) in subparagraph (A)-- (A) in the matter preceding clause (i) by striking ``two'' and inserting ``3''; (B) in clause (i) by striking ``and'' after the semicolon; and (C) by inserting after clause (ii) the following: ``(iii) one of whom shall be a representative of the Small Business Administration appointed by the Administrator of the Small Business Administration; and''. SEC. 7. RULES OPPOSED BY SBA CHIEF COUNSEL FOR ADVOCACY. (a) In General.--Section 612 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(d) Statement of Opposition.-- ``(1) Transmittal of proposed rules and initial regulatory flexibility analysis to sba chief counsel for advocacy.--On or before the 30th day preceding the date of publication by an agency of general notice of proposed rulemaking for a rule, including a rule relating to procurement, the agency shall transmit to the Chief Counsel for Advocacy of the Small Business Administration-- ``(A) a copy of the proposed rule; and ``(B)(i) a copy of the initial regulatory flexibility analysis for the rule if required under section 603; or ``(ii) a determination by the agency that an initial regulatory flexibility analysis is not required for the proposed rule under section 603 and an explanation for the determination. ``(2) Statement of opposition.--On or before the 15th day following receipt of a proposed rule and initial regulatory flexibility analysis from an agency under paragraph (1), the Chief Counsel for Advocacy may transmit to the agency a written statement of opposition of the proposed rule. ``(3) Response.--If the Chief Counsel for Advocacy transmits to an agency a statement of opposition to a proposed rule in accordance with paragraph (2), the agency shall publish the statement, together with the response of the agency to the statement, in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule.''. (b) Conforming Amendment.--Section 603(a) of title 5, United States Code, is amended by inserting ``in accordance with section 612(d)'' before the period at the end of the last sentence. SEC. 8. REVIEW OF DEVIATIONS FROM PROCUREMENT NOTICE REQUIREMENT. (a) Review Requirement.--Section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) is amended by adding at the end the following new subsection: ``(e)(1) In the case of any procurement for which a notice is not required under subsection (a)(1) by reason of subsection (c), the head of the executive agency intending to conduct the procurement shall, before issuing the solicitation for the procurement, submit to the Administrator of Federal Procurement Policy the justification for not furnishing the notice. The Administrator of Federal Procurement Policy shall, before the issuance of the solicitation for the procurement, review the justification to ensure that it is appropriate and reasonable. ``(2) At least once every 5 years, the Administrator of Federal Procurement Policy shall review the justifications submitted under paragraph (1). In conducting the review, the Administrator shall concentrate on those justifications that have been submitted by the same executive agency, for the same type of procurements, in each of the 5 years covered by the review, to ensure that such justifications continue to be appropriate and reasonable.''. (b) Effective Date.--Subsection (e) of section 18 of the Office of Federal Procurement Policy Act shall apply with respect to solicitations for procurements issued after the 30-day period beginning on the date of the enactment of this Act.

Procurement Efficiency Act of 1993 - Amends the Office of Federal Procurement Policy Act to require the Secretary of Commerce to establish a computerized data base regarding procurements to be conducted by executive agencies and subcontracts to be awarded pursuant to those procurements. Requires each executive agency to make procurement records readily available to other agencies. Increases the small purchase threshold. Requires executive agencies to include citations of specific statutory authority in regulations governing procurement. Provides for a representative of the Small Business Administration (SBA) on the Cost Accounting Standards Board. Sets forth requirements for the transmittal of proposed rules, including rules related to procurement, to the Chief Counsel for Advocacy of the SBA. Authorizes the Chief Counsel to issue a statement of opposition to such rules. Requires heads of executive agencies, in the case of procurements for which a notice is not required, to submit to the Administrator of Federal Procurement Policy, before issuing a procurement solicitation, the justification for not furnishing the notice. Directs the Administrator to review such justifications at least once every five years to determine their continued appropriateness.

Procurement Efficiency Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Expansion Act of 2011''. SEC. 2. ADDITIONAL FIRST-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. (a) In General.--Section 4002(b)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (A), by striking ``80'' and inserting ``131''; and (2) in subparagraph (B), by striking ``20'' and inserting ``34''. (b) Coordination Rule.--Section 4002(f) of such Act is amended by adding at the end the following: ``(3) Rules relating to additional weeks of first-tier emergency unemployment compensation.-- ``(A) In general.--If a State determines that implementation of the increased entitlement to first- tier emergency unemployment compensation by reason of the amendments made by section 2(a) of the Emergency Unemployment Compensation Expansion Act of 2011 would unduly delay the prompt payment of emergency unemployment compensation under this title, such State may elect to pay second-tier, third-tier, or fourth- tier emergency unemployment compensation (or a combination of those tiers) prior to the payment of such increased first-tier emergency unemployment compensation until such time as such State determines that such increased first-tier emergency unemployment compensation may be paid without undue delay. ``(B) Special rules.--If a State makes an election under subparagraph (A) which results in-- ``(i) the payment of second-tier (but not third-tier) emergency unemployment compensation prior to the payment of increased first-tier emergency unemployment compensation, then, for purposes of determining whether an account may be augmented for third-tier emergency unemployment compensation under subsection (d), such State shall treat the date of exhaustion of such increased first-tier emergency unemployment compensation as the date of exhaustion of second-tier emergency unemployment compensation, if such date is later than the date of exhaustion of the second-tier emergency unemployment compensation; or ``(ii) the payment of third-tier emergency unemployment compensation prior to the payment of increased first-tier emergency unemployment compensation, then, for purposes of determining whether an account may be augmented for fourth- tier emergency unemployment compensation under subsection (e), such State shall treat the date of exhaustion of such increased first-tier emergency unemployment compensation as the date of exhaustion of third-tier emergency unemployment compensation, if such date is later than the date of exhaustion of the third- tier emergency unemployment compensation. ``(4) Coordination of modifications (relating to additional first-tier emergency unemployment compensation) with extended compensation.--Notwithstanding an election under section 4001(e) by a State to provide for the payment of emergency unemployment compensation prior to extended compensation, such State may pay extended compensation to an otherwise eligible individual prior to any additional emergency unemployment compensation under subsection (b) (payable by reason of the amendments made by section 2(a) of the Emergency Unemployment Compensation Expansion Act of 2011), if such individual claimed extended compensation for at least 1 week of unemployment after the exhaustion of emergency unemployment compensation under subsection (b) (as such subsection was in effect on the day before the date of the enactment of this paragraph), (c), (d), or (e).''. (c) Funding.--Section 4004(e)(1) of such Act, as amended by section 501(b) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312), is amended-- (1) in subparagraph (F), by striking ``and'' at the end; and (2) by inserting after subparagraph (G) the following: ``(H) the amendments made by section 2(a) of the Emergency Unemployment Compensation Expansion Act of 2011; and''. (d) Modified Program Termination Date.--Section 4007(b)(3) of such Act, as amended by section 501(a)(1)(C) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312) is amended by striking ``June 9, 2012'' and inserting ``September 22, 2012''. SEC. 3. REGULATIONS. The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this Act and the amendments made by this Act. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111-205), except that no additional first-tier emergency unemployment compensation shall be payable by virtue of the amendments made by section 2(a) with respect to any week of unemployment commencing before the date of the enactment of this Act.

Emergency Unemployment Compensation Expansion Act of 2011 - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Revises the formula for making Tier-1 credits in an applicant's EUCA for a benefit year. Increases the figures in the formula (the lesser of which shall be the amount credited): (1) from 80% to 131% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year, and (2) from 20 to 34 times the individual's average weekly benefit amount for the benefit year. Authorizes a state to elect to pay Tier-2, Tier-3, or Tier-4 extended unemployment compensation (EUC), or a combination of them, before payment of an increased Tier-1 EUC until the state determines that such increased Tier-1 EUC may be paid without undue delay. Authorizes a state to pay extended compensation to an otherwise eligible individual before any additional EUC is paid under this Act, if the individual claimed extended compensation for at least one week of unemployment after the initial exhaustion of EUC. Extends the program until September 22, 2012.

To amend title IV of the Supplemental Appropriations Act, 2008 to provide for additional weeks of first-tier emergency unemployment compensation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improvement of the National Program of Cancer Registries Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds as follows: (1) The National Program of Cancer Registries, established in 1992 by the Cancer Registries Amendment Act (Public Law 102- 515; 106 Stat. 3372), has enabled each of the 50 States to maintain a functioning cancer registry. (2) Over the past 15 years, the Centers for Disease Control and Prevention has enhanced central cancer registries and helped to establish standards for quality and completeness of such registries. (3) The statewide, population-based cancer registries collect information on cancer incidence and mortality rates, which may be used for identifying cancer patterns and trends and for directing cancer control interventions. (4) The States rely on electronic records, especially electronic laboratory records, for the majority of data collection for the cancer registries. (5) The States do not have adequate resources to access all of the records of physicians, hospitals, outpatient clinics, nursing homes, and other agencies providing services to cancer patients that would assist in identifying characteristics of each patient and treatment of the cancer. (6) Laboratories do not systematically collect or record essential data, including information on the occupation, socioeconomic status, or treatments of, or environmental factors affecting, cancer patients, and thus cancer registries, which depend in part upon records of laboratories, do not have essential data that would help determine causes or contributory causes of cancers. (7) The National Program of Cancer Registries has established standards for collecting information but has not established standards that allow data exchange with other disease registries. (8) Information collected by cancer registries must be exchanged with other disease registries in a confidential and secure manner in order to prevent information about patients from being used for purposes other than medical treatment, medical research, or public health. (b) Purpose.--The purpose of this Act is to improve the National Program of Cancer Registries by expanding the data elements collected, enhancing the quality of information collected, and collecting data such that the National Program of Cancer Registries preserves the confidentiality of patients while allowing data sharing for public health objectives. SEC. 3. AMENDMENTS TO THE NATIONAL PROGRAM OF CANCER REGISTRIES. (a) Enhancing Data Collection.--Section 399B(a)(1) of title III of the Public Health Service Act (42 U.S.C. 280e(a)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``registries to collect, for each condition specified in paragraph (2)(A), data concerning'', and inserting ``cancer registries in order to collect, for each form of in-situ and invasive cancer (with the exception of basal cell and squamous cell carcinoma of the skin), data in a standardized manner concerning''; (2) by striking subparagraph (B) and inserting the following: ``(B) information on the industrial or occupational history of adult individuals with the cancers, using the Federal Standard Occupational Classification system;''; (3) in subparagraph (D), by striking ``and'' after the semicolon; (4) by inserting after subparagraph (D) the following: ``(E) the highest level of education attained by adult individuals with the cancers; ``(F) sources of payment by individuals with cancer for costs associated with cancer diagnosis and treatment; ``(G) history of alcohol and tobacco use by individuals with cancer; and''; and (5) by redesignating subparagraph (E) as subparagraph (H). (b) Establishing Data Collection Standards.--Section 399B of title III of the Public Health Service Act (42 U.S.C. 280e) is amended by inserting at the end the following: ``(f) Data Collection Standards.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall-- ``(A) develop standards for collection of each data element for the State cancer registries assisted under this section; ``(B) develop inter-operability and security standards for data exchange and integration between-- ``(i) the cancer registries of 2 or more States; and ``(ii) any cancer registry and another Federal registry for non-cancer diseases that contains data concerning individual patients; and ``(C) provide a basic electronic collection tool, to facilitate standardized data collection, available to each State to use for cancer registries. ``(2) Assurances.--Each applicant, prior to receiving Federal funds under the Improvement of the National Program of Cancer Registries Act, shall provide assurances satisfactory to the Secretary that the applicant will comply with standards developed under paragraph (1). ``(3) Coordination with other federal programs.--To promote the greatest possible efficiency and effectiveness in the collection of data for federally-supported cancer registries, the Secretary shall facilitate appropriate coordination of the National Program of Cancer Registries under this part with other federally-supported registry programs, including infectious disease registries, environmental disease registries, and other non-cancer, chronic disease registries.''. SEC. 4. AUTHORIZATION. To carry out this Act, there are authorized to be appropriated $100,000,000 for each of the fiscal years 2010, 2011, 2012, and 2013.

Improvement of the National Program of Cancer Registries Act - Amends the Public Health Service Act to revise requirements for statewide cancer registries and require the inclusion in such registries of information on: (1) the highest level of education attained by adults with cancer; (2) sources of payment by individuals for the costs of cancer diagnosis and treatment; and (3) the history of alcohol and tobacco use by individuals with cancer. Requires the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop standards for collection of data elements for state cancer registries; (2) develop inter-operability and security standards for data exchange and integration between state cancer registries and any cancer registry and another federal registry for non-cancer diseases; and (3) provide a basic electronic collection tool to facilitate standardized data collection. Requires the Secretary of Health and Human Services to facilitate coordination of the National Program of Cancer Registries with other federally-supported registry programs, including infectious disease registries, environmental disease registries, and other non-cancer, chronic disease registries.

A bill to amend the Public Health Service Act to improve the National Program of Cancer Registries by expanding data collection and allowing data sharing for public health objectives, while preserving the confidentiality of patients, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo Treaty Land Claims Act of 1997''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions and findings. Sec. 3. Establishment and membership of Commission. Sec. 4. Examination of land claims. Sec. 5. Community Land Grant Study Center. Sec. 6. Miscellaneous powers of Commission. Sec. 7. Report. Sec. 8. Termination. Sec. 9. Authorization of appropriations. SEC. 2. DEFINITIONS AND FINDINGS. (a) Definitions.--For purposes of this Act: (1) Commission.--The term ``Commission'' means the Guadalupe-Hidalgo Treaty Land Claims Commission established under section 3. (2) Treaty of guadalupe-hidalgo.--The term ``Treaty of Guadalupe-Hidalgo'' means the Treaty of Peace, Friendship, Limits, and Settlement (Treaty of Guadalupe Hidalgo), between the United States and the Republic of Mexico, signed February 2, 1848 (TS 207; 9 Bevans 791). (3) Eligible descendant.--The term ``eligible descendant'' means a descendant of a person who-- (A) was a Mexican citizen before the Treaty of Guadalupe-Hidalgo; (B) was a member of a community land grant; and (C) became a United States citizen within ten years after the effective date of the Treaty of Guadalupe- Hidalgo, May 30, 1848, pursuant to the terms of the Treaty. (4) Community land grant.--The term ``community land grant'' means a village, town, settlement, or pueblo consisting of land held in common (accompanied by lesser private allotments) by ten or more families under a grant from the King of Spain (or his representative) before the effective date of the Treaty of Cordova, August 24, 1821, or from the authorities of the Republic of Mexico before May 30, 1848, in what became the State of New Mexico, regardless of the original character of the grant. (5) Reconstituted.--The term ``reconstituted'', with regard to a valid community land grant, means restoration to full status as a municipality with rights properly belonging to a municipality under State law, including the nontaxability of municipal property (common lands) and the right of local self- government. (b) Findings.--Congress finds the following: (1) New Mexico has a unique history regarding the acquisition of ownership of land as a result of the substantial number of Spanish and Mexican land grants that were an integral part of the colonization and growth of New Mexico before the United States acquired the area in the Treaty of Guadalupe- Hidalgo. (2) Various provisions of the Treaty of Guadalupe-Hidalgo have not yet been fully implemented in the spirit of Article VI, section 2, of the Constitution of the United States. (3) Serious questions regarding the prior ownership of lands in the State of New Mexico, particularly certain public lands, still exist. (4) Congressionally established land claim commissions have been used in the past to successfully examine disputed land possession questions. SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''. (b) Number and Appointment of Members.--The Commission shall be composed of three members appointed by the President by and with the advise and consent of the Senate. (c) Terms.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation.--Members shall each be entitled to receive the daily equivalent of level V of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. SEC. 4. EXAMINATION OF LAND CLAIMS. (a) Submission of Land Claims Petitions.--Any 10 (or more) eligible descendants who are also descendants of the same community land grant may file with the Commission a petition on behalf of themselves and all other descendants of that community land grant seeking a determination of the validity of the land claim that is the basis for the petition. (b) Deadline for Submission.--To be considered by the Commission, a petition under subsection (a) must be received by the Commission not later than four years after the date of the enactment of this Act. (c) Elements of Petition.--A petition under subsection (a) shall be made under oath and shall contain the following: (1) The names and addresses of the eligible descendants who are petitioners. (2) The fact that the land involved in the petition was a community land grant at the time of the effective date of the Guadalupe-Hidalgo Treaty. (3) The extent of the community land grant, to the best of the knowledge of the petitioners, accompanied with a survey or, if a survey is not feasible to them, a sketch map thereof. (4) The fact that the petitioners reside, or intend to settle upon, the community land grant. (5) All facts known to petitioners concerning the community land grant, together with copies of all papers in regard thereto available to petitioners. (d) Petition Hearing.--The Commission shall hold a hearing upon each petition timely submitted under subsection (a), at which hearing all persons having an interest in the land involved in the petition shall have the right, upon notice, to appear as a party. (e) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any petition submitted under subsection (a). The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (f) Decision.--On the basis of the facts contained in a petition submitted under subsection (a), and the hearing held with regard to the petition, the Commission shall determine the validity of the community land grant described in the petition. The decision shall include a recommendation of the Commission regarding whether the community land grant should be reconstituted and its lands restored. SEC. 5. COMMUNITY LAND GRANT STUDY CENTER. To assist the Commission in the performance of its activities under section 4, the Commission shall establish a Community Land Grant Study Center at the Onate Center in Alcalde, New Mexico. SEC. 6. MISCELLANEOUS 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) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. For purposes of Federal income, estate, and gift taxes, property accepted under this subsection shall be considered as a gift, bequest, or devise to the United States. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Immunity.--The Commission is an agency of the United States for the purpose of part V of title 18, United States Code (relating to immunity of witnesses). SEC. 7. REPORT. As soon as practicable after reaching its last decision under section 4, the Commission shall submit to the President and the Congress a report containing each decision, including the recommendation of the Commission regarding whether certain community land grants should be reconstituted. SEC. 8. TERMINATION. The Commission shall terminate on 180 days after submitting its final report under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $1,000,000 for the purpose of carrying out the activities of the Commission and to establish and operate the Community Land Grant Study Center.

Guadalupe-Hidalgo Treaty Land Claims Act of 1997 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes to petition the Commission, on behalf of themselves and all other descendants, ten or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant. Directs the Commission to establish a Community Land Grant Study Center. Authorizes appropriations.

Guadalupe-Hidalgo Treaty Land Claims Act of 1997

SECTION 1. CHILD OPPORTUNITY ZONE FAMILY CENTERS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``PART L--CHILD OPPORTUNITY ZONE FAMILY CENTERS ``SEC. 10995A. SHORT TITLE. ``This part may be cited as the `Child Opportunity Zone Family Center Act of 1999'. ``SEC. 10995B. PURPOSE. ``The purpose of this part is to encourage eligible partnerships to establish or expand child opportunity zone family centers in elementary schools and secondary schools in order to provide comprehensive support services for children and their families, and to improve the children's educational, health, mental health, and social outcomes. ``SEC. 10995C. DEFINITIONS. ``In this title: ``(1) Child opportunity zone family center.--The term `child opportunity zone family center' means a school-based or school-linked community service center that provides and links children and their families with comprehensive information, support, services, and activities to improve the education, health, mental health, safety, and economic well-being of the children and their families. ``(2) Eligible partnership.--The term `eligible partnership' means a partnership-- ``(A) that contains-- ``(i) at least 1 elementary school or secondary school that-- ``(I) receives assistance under title I and for which a measure of poverty determination is made under section 1113(a)(5) with respect to a minimum of 40 percent of the children in the school; and ``(II) demonstrates parent involvement and parent support for the partnership's activities; ``(ii) a local educational agency; ``(iii) a public agency, other than a local educational agency, including a local or State department of health and social services; and ``(iv) a nonprofit community-based organization, including a community mental health services organization or a family health center that provides mental health services; and ``(B) that may contain-- ``(i) an institution of higher education; and ``(ii) other public or private nonprofit entities. ``SEC. 10995D. GRANTS AUTHORIZED. ``(a) In General.--The Secretary may award, on a competitive basis, grants to eligible partnerships to pay for the Federal share of the cost of establishing and expanding child opportunity zone family centers. ``(b) Duration.--The Secretary shall award grants under this section for periods of 5 years. ``SEC. 10995E. REQUIRED ACTIVITIES. ``Each eligible partnership receiving a grant under this part shall use the grant funds-- ``(1) in accordance with the needs assessment described in section 10995F(b)(1), to provide or link children and their families with information, support, activities, or services in core areas consisting of-- ``(A) education, such as child care and education programs for children below the age of compulsory school attendance, before- and after-school care, and school age enrichment and education support programs; ``(B) health, such as primary care (including prenatal care, well child care, and mental health care), preventative health and safety programs, outreach and referral, screening and health promotion, and enrollment in health insurance programs; and ``(C) family support, such as adult education and literacy programs, welfare-to-work-programs, job training, parenting skills programs, assistance that supports healthy child development, and access to basic needs, including food and housing; ``(2) to provide intensive, high-quality, research-based instructional programs that-- ``(A) provide violence prevention education for families and developmentally appropriate instructional services to children (including children below the age of compulsory school attendance), such as education and services on nonviolent conflict resolution, pro social skills and behaviors, and other skills necessary for effectively relating to others without violence; and ``(B) provide effective strategies for nurturing and supporting the emotional, social, and cognitive growth of children; and ``(3) to provide training, information, and support to families to enable the families to participate effectively in their children's education, and to help their children meet challenging standards, including assisting families to-- ``(A) understand the accountability systems, including content standards, performance standards, and local assessments, in place for the State involved, the participating local educational agency, and the participating elementary school or secondary school; ``(B) understand their children's educational needs, their children's educational performance in comparison to State and local standards, and the steps the school is taking to address the children's needs and to help the children meet the standards; and ``(C) communicate effectively with personnel responsible for providing educational services to the families' children, and to participate in the development, amendment, review, and implementation of school-parent compacts, parent involvement policies, and school plans. ``SEC. 10995F. APPLICATIONS. ``(a) In General.--Each eligible partnership desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(b) Contents.--Each application submitted pursuant to subsection (a) shall-- ``(1) include a needs assessment, including a description of how the partnership will ensure that the activities to be assisted under this part will be tailored to meet the specific needs of the children and families to be served; ``(2) describe arrangements that have been formalized between the participating elementary school or secondary school, and other partnership members; ``(3) describe how the partnership will effectively coordinate and utilize Federal, State, and local educational agency sources of funding, including funding provided under part I of title X and under the Safe Schools/Healthy Students Initiative (jointly funded by the Departments of Education, Justice, and Health and Human Services), that provide assistance to families and their children in the areas of job training, housing, justice, health, mental health, child care, and social and human services; ``(4) describe the partnership's plan to-- ``(A) develop and carry out the activities assisted under this part with extensive participation of parents, administrators, teachers, pupil services personnel, social and human service agencies, and community organizations and leaders; and ``(B) connect and integrate the activities assisted under this part with the education reform efforts of the participating elementary school or secondary school, and the participating local educational agency; ``(5) describe the partnership's strategy for providing information and assistance in a language and form that families can understand, including how the partnership will ensure that families of students with limited English proficiency, or families of students with disabilities, are effectively involved, informed, and assisted; ``(6) describe how the partnership will collect and analyze data, and will utilize specific performance measures and indicators to-- ``(A) determine the impact of activities assisted under this part as described in section 10995I(a); and ``(B) improve the activities assisted under this part; and ``(7) describe how the partnership will protect the privacy of families and their children participating in the activities assisted under this part. ``SEC. 10995G. FEDERAL SHARE. ``The Federal share of the cost of establishing and expanding child opportunity zone family centers-- ``(1) for the first year for which an eligible partnership receives assistance under this part shall not exceed 90 percent; ``(2) for the second such year, shall not exceed 80 percent; ``(3) for the third such year, shall not exceed 70 percent; ``(4) for the fourth such year, shall not exceed 60 percent; and ``(5) for the fifth such year, shall not exceed 50 percent. ``SEC. 10995H. CONTINUATION OF FUNDING. ``Each eligible partnership that receives a grant under this part shall, after the third year for which the partnership receives funds through the grant, be eligible to continue to receive the funds if the Secretary determines that the partnership has made significant progress in meeting the performance measures used for the partnership's local evaluation under section 10995I(a)(4). ``SEC. 10995I. EVALUATIONS AND REPORTS. ``(a) Local Evaluations.--Each partnership receiving funds under this part shall conduct annual evaluations and submit to the Secretary reports containing the results of the evaluations. The reports shall include-- ``(1) information on the partnership's activities that are assisted under this part; ``(2) information on the number of families and children served by the partnership's activities that are assisted under this part; ``(3) information on the partnership's effectiveness in reaching and meeting the needs of families and children served under this part, including underserved families, families of students with limited English proficiency, and families of students with disabilities; and ``(4) the results of a partnership's performance assessment of the partnership, including performance measures demonstrating-- ``(A) improvements in student achievement, school readiness, family participation in schools, and access to health care, mental health care, child care, and family support services, resulting from activities assisted under this part; and ``(B) reductions in violence-related problems and risk taking behavior among youth, and reductions in truancy, suspension, and dropout rates, resulting from activities assisted under this part. ``(b) National Evaluations.-- ``(1) In general.--The Secretary shall reserve not more than 3 percent of the amount appropriated under this part to carry out a national evaluation of the activities assisted under this part. Such evaluation shall be completed not later than 3 years after the date of enactment of the Child Opportunity Zone Family Center Act of 1999, and every year thereafter. ``(2) Scope of evaluation.--In conducting the national evaluation, the Secretary shall evaluate the effectiveness and impact of the activities, and identify model activities, assisted under this part. ``(3) Annual reports.--The Secretary shall submit an annual report to Congress, regarding each national evaluation conducted under paragraph (1), that contains the information described in the national evaluation. ``(c) Model Activities.--The Secretary shall broadly disseminate information on model activities developed under this part. ``SEC. 10995J. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $50,000,000 for fiscal year 2000, and such sums as may be necessary for each of the fiscal years 2001 through 2004.''.

Authorizes the Secretary of Education to award competitive grants to eligible partnerships for the Federal share of costs of establishing and expanding such child opportunity zone family centers. Sets forth requirements for grant funded activities, applications, Federal share, continuation of funding, and evaluations and reports. Authorizes appropriations.

Child Opportunity Zone Family Center Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Outsourcing Banking Enforcement and Examination Act''. SEC. 2. USE OF CONSULTANTS IN CONSENT ORDERS. The Federal Deposit Insurance Act (12 U.S.C. 1811) is amended by adding at the end the following: ``SEC. 51. USE OF CONSULTANTS IN CONSENT ORDERS. ``(a) In General.--An appropriate Federal banking agency that enters into a consent order with a person regulated by such agency may only use an independent consultant in carrying out such order if all of the following requirements are met: ``(1) Transparency.--No less than two weeks before any activity under the consent order commences, the appropriate Federal banking agency shall make the following information available to the public: ``(A) The full and unredacted consent agreement resulting from the consent order. ``(B) All material information related to any past business relationships of the independent consultants, regulators, financial institutions, and third party service providers to the order, and their agents and employees, regardless of their involvement in the execution of the order. ``(C) A detailed estimate of engagement costs. ``(D) A detailed description of a well-defined methodology for fulfilling the consent order. ``(2) Reporting.--The appropriate Federal banking agency shall issue a report to the Congress, not less than once every quarter until the consent order ends, detailing the progress in fulfilling the consent order and the performance of the independent consultant. ``(3) Restriction on participation.--No independent consultant carrying out a consent order has prior or current work that will be under review in such consent order or a concurrent and substantially similar consent order. ``(4) Retention and payment of consultant.--The independent consultant is hired, and paid, directly by the appropriate Federal banking agency and the appropriate Federal banking agency is to be reimbursed for such expenses by the entity subject to the consent order. ``(5) Restriction on application of penalties to other ongoing enforcement actions.--Any remediation or penalties under the consent order will not apply to, or be settled in conjunction with, any other consent order, settlement, or enforcement action. ``(b) Private Right of Action.--If an independent consultant fails to comply with the contract under which the consultant is assisting the appropriate Federal banking agency in carrying out a consent order which requires financial remediation to a person or class of persons, any person or class of persons aggrieved by such failure may bring a civil action in a court of competent jurisdiction for damages resulting from such violation, and may obtain other appropriate relief, including equitable relief. If the plaintiff prevails in any such action, the court shall award the plaintiff any litigation costs reasonably incurred, together with reasonable attorneys' fees and reasonable expert witness fees, as determined by the court. ``(c) Clawback of Fees.-- ``(1) In general.--If a court determines that an independent consultant has violated the terms of the contract with the appropriate Federal banking agency or has failed to disclose required conflict of interest information, the independent consultant shall repay the appropriate Federal banking agency all fees received by the consultant during the period of time such violation or failure was occurring. ``(2) Safe harbor.--If the independent consultant made all reasonable efforts to uncover conflicts of interest among the consultant's agents and employees, the consultant shall not be subject to paragraph (1) with respect to a failure to disclose required conflict of interest information. ``(d) Employment Restriction.--An employee of an appropriate Federal banking agency that was involved in approving an independent consultant to assist in carrying out a consent order may not seek employment with, or be employed by, such independent consultant during any period in which such consent order is in effect, any amendment to such consent order is in effect, or any subsequent consent order based on the original consent order is in effect.''. SEC. 3. SIGTARP TO OVERSEE USE OF CONSULTANTS. (a) In General.--Section 121 of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231) is amended-- (1) in subsection (c), by adding at the end the following: ``(5) In addition, the Special Inspector General shall also have the duties and responsibilities of providing oversight of-- ``(A) consent orders entered into by an appropriate Federal banking agency; and ``(B) the performance of independent consultants hired by an appropriate Federal banking agency to assist in carrying out such consent orders, as described under section 51 of the Federal Deposit Insurance Act.''; and (2) by amending subsection (k) to read as follows: ``(k) Oversight of Consent Orders.-- ``(1) Right of action related to consent order monitoring.--The Special Inspector General may bring a civil action in any court of competent jurisdiction against an independent consultant described under section 51(a) of the Federal Deposit Insurance Act for damages and equitable relief for any violations of the consultant's duties under the contract under which the consultant is assisting an appropriate Federal banking agency in carrying out a consent order. ``(2) Whistleblower incentives and protection related to consent order monitoring.-- ``(A) In general.--The Special Inspector General shall establish a whistleblower program under which-- ``(i) the Special Inspector General pays an award or awards to 1 or more whistleblowers who voluntarily provide original information to the Special Inspector General that leads to the successful enforcement of a judicial or administrative action brought by the Special Inspector General against an independent consultant described under section 51(a) of the Federal Deposit Insurance Act that results in monetary sanctions exceeding $1,000,000; and ``(ii) the employer of a whistleblower may not discriminate against a whistleblower in the terms and conditions of employment of the whistleblower because of any lawful act done by the whistleblower. ``(B) Form of program.--To the extent practicable, the whistleblower program established under this subsection shall be carried out in the same manner as the whistleblower provision under section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u-6).''.

Stop Outsourcing Banking Enforcement and Examination Act - Amends the Federal Deposit Insurance Act to prescribe requirements with which a federal banking agency must comply in order to use an independent consultant in implementing a consent order with a person it regulates. Requires the agency to: (1) make specified information about the consent agreement and the independent consultant available to the public, (2) send Congress a quarterly status report, and (3) hire and pay the consultant directly (and receive reimbursement by the entity subject to the consent agreement). Declares that any remediation or penalties under the consent order will not apply to, or be settled in conjunction with, any other consent order, settlement, or enforcement action. Permits a private right of action by any person or class of persons aggrieved by the failure of an independent consultant to comply with the contract under which the consultant assists the agency if the consent order requires financial remediation to such person or class. Requires a repayment (clawback) of fees to the agency from the independent consultant upon court determination that the consultant has violated either the terms of the contract or has failed to disclose required conflict of interest information. Prohibits federal banking agency staff who were involved in approving an independent consultant from seeking employment with the consultant during any period in which the consent order is in effect. Amends the Emergency Economic Stabilization Act of 2008 to confer oversight duties upon the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) regarding: (1) consent orders entered into by a federal banking agency, and (2) the performance of independent consultants hired by the agency to assist in implementing such consent orders. Repeals the SIG Office termination date. Authorizes the SIG to bring a civil action against an independent consultant for damages and equitable relief for violations of the consultant's duties under the contract. Directs the SIG to establish an whistleblower program which: (1) pays awards to whistleblowers who voluntarily provide original information leading to successful enforcement of a judicial or administrative action brought by the SIG against an independent consultant that results in monetary sanctions exceeding $1 million, and (2) prohibits a whistleblower's employer from discriminating against the whistleblower because of any lawful act the whistleblower performs.

Stop Outsourcing Banking Enforcement and Examination Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Working Students Act''. SEC. 2. INCREASING SUPPORT FOR WORKING STUDENTS BY 35 PERCENT. (a) Dependent Students.--Section 475(g)(2)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as follows: ``(D) an income protection allowance (or a successor amount prescribed by the Secretary under section 478) of $9,010 for academic year 2018-2019;''. (b) Independent Students Without Dependents Other Than a Spouse.-- Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1087pp(b)(1)(A)(iv)) is amended to read as follows: ``(iv) an income protection allowance (or a successor amount prescribed by the Secretary under section 478)-- ``(I) for single or separated students, or married students where both are enrolled pursuant to subsection (a)(2), of $14,010 for academic year 2018-2019; and ``(II) for married students where 1 is enrolled pursuant to subsection (a)(2), of $22,460 for academic year 2018-2019;''. (c) Independent Students With Dependents Other Than a Spouse.-- Section 477(b)(4) of the Higher Education Act of 1965 (20 U.S.C. 1087qq(b)(4)) is amended to read as follows: ``(4) Income protection allowance.--The income protection allowance is determined by the following table (or a successor table prescribed by the Secretary under section 478), for academic year 2018-2019: ``Income Protection Allowance ---------------------------------------------------------------------------------------------------------------- Family Size Number in College ---------------------------------------------------------------------------------------------------------------- For each (including 1 2 3 4 5 additional student) subtract: ---------------------------------------------------------------------------------------------------------------- 2 $35,470 $29,410 $6,030 3 44,170 38,130 $32,070 4 54,540 45,490 42,450 $36,370 5 64,360 58,280 52,240 46,190 $40,160 6 75,260 69,210 63,190 57,090 51,070 For each additional add: 8,500 ''. ---------------------------------------------------------------------------------------------------------------- (d) Updated Tables and Amounts.--Section 478(b) of the Higher Education Act of 1965 (20 U.S.C. 1087rr(b)) is amended-- (1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--For each academic year after academic year 2018-2019, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of sections 475(c)(4) and 477(b)(4), subject to subparagraphs (B) and (C). ``(B) Table for independent students.--For each academic year after academic year 2018-2019, the Secretary shall develop the revised table of income protection allowances by increasing each of the dollar amounts contained in the table of income protection allowances under section 477(b)(4) by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary for the most recent calendar year ending prior to the beginning of the academic year for which the determination is being made), and rounding the result to the nearest $10.''; and (2) in paragraph (2), by striking ``shall be developed'' and all that follows through the period at the end and inserting ``shall be developed for each academic year after academic year 2018-2019, by increasing each of the dollar amounts contained in such section for academic year 2018-2019 by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary for the most recent calendar year ending prior to the beginning of the academic year for which the determination is being made), and rounding the result to the nearest $10.''. (e) Effective Date.--The amendments made by this section shall take effect beginning on July 1, 2018, and shall apply to grant and award determinations made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) beginning with the 2018-2019 award year.

Working Students Act This bill amends the Higher Education Act of 1965 to modify the income protection allowance levels used to calculate a student's expected family contribution and need for financial assistance. (An income protection allowance is an amount for basic living expenses that is protected from being considered income available for postsecondary educational expenses.)

Working Students Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Coast Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Digital Coast is a model approach for effective Federal partnerships with State and local government, nongovernmental organizations, and the private sector. (2) Access to current, accurate, uniform, and standards- based geospatial information, tools, and training to characterize the United States coastal region is critical for public safety and for the environment, infrastructure, and economy of the United States. (3) More than half of all people of the United States (153,000,000) currently live on or near a coast and an additional 12,000,000 are expected in the next decade. (4) Coastal counties in the United States average 300 persons per square mile, compared with the national average of 98. (5) On a typical day, more than 1,540 permits for construction of single-family homes are issued in coastal counties, combined with other commercial, retail, and institutional construction to support this population. (6) Over half of the economic productivity of the United States is located within coastal regions. (7) Highly accurate, high-resolution remote sensing and other geospatial data play an important role in management of the coastal zone and economy, including for-- (A) flood and coastal storm surge prediction; (B) hazard risk and vulnerability assessment; (C) emergency response and recovery planning; (D) community resilience to longer range climate change impacts; (E) permitting and zoning decisionmaking; (F) habitat and ecosystem health assessments; and (G) landscape change detection. SEC. 3. DEFINITIONS. In this Act: (1) Coastal region.--The term ``coastal region'' means the area of United States waters extending inland from the shoreline to include coastal watersheds and seaward to the territorial sea. (2) Coastal state.--The term ``coastal State''-- (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Chesapeake Bay, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes; and (B) includes Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, the Trust Territories of the Pacific Islands, American Samoa, and any portion of a State that is located within the designated coastal zone of the Atlantic or Pacific Ocean, the Chesapeake Bay, the Gulf of Mexico, or the Great Lakes. (3) Digital coast.--The term ``Digital Coast'' means a constituent-driven effort led by the Secretary to provide an enabling platform that integrates geospatial data, decision- support tools, training, and best practices to address coastal management issues and needs. The Digital Coast strives to enhance resilient communities, ecosystem values, and coastal economic growth and development by helping communities address their issues, needs, and challenges through cost-effective and participatory solutions. (4) Federal geographic data committee.--The term ``Federal Geographic Data Committee'' means the interagency committee that promotes the coordinated development, use, sharing, and dissemination of geospatial data on a national basis. (5) Remote sensing and other geospatial.--The term ``remote sensing and other geospatial'' means collecting, storing, retrieving, or disseminating graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the Earth and any information related thereto, including surveys, maps, charts, satellite and airborne remote sensing data, images, LiDAR, and services performed by professionals such as surveyors, photogrammetrists, hydrographers, geodesists, cartographers, and other such services. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. SEC. 4. BUILDING THE DIGITAL COAST. (a) In General.--The Secretary shall establish Digital Coast as a program that provides data integration, tool development, training, documentation, dissemination, and archive by-- (1) making data and resulting integrated products developed under this section readily accessible via the Digital Coast Internet website of the National Oceanic and Atmospheric Administration, the GeoPlatform.gov and data.gov Internet websites, and such other Internet technologies as the Secretary considers appropriate; (2) developing decision-support tools that use and display resulting integrated data and provide training on use of such tools; (3) documenting such data to Federal Geographic Data Committee standards; and (4) archiving all raw data acquired under this Act at the appropriate National Oceanic and Atmospheric Administration data center or such other Federal data center as the Secretary considers appropriate. (b) Coordination.--The Secretary shall coordinate the activities carried out pursuant to this Act to maximize data collection, sharing and integration, and to minimize duplication by-- (1) consulting with coastal managers and decisionmakers concerning coastal issues, and sharing information and best practices, as the Secretary considers appropriate, with-- (A) coastal States; (B) local governments; and (C) representatives of nongovernmental entities; (2) consulting with other Federal agencies on relevant Federal activities, including activities carried out under the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Integrated Coastal and Ocean Observation System Act of 2009 (33 U.S.C. 3601 et seq.), and the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892 et seq.); (3) participating, pursuant to section 216 of the E- Government Act of 2002 (Public Law 107-347; 44 U.S.C. 3501 note), in the establishment of such standards and common protocols as the Secretary considers necessary to assure the interoperability of remote sensing and other geospatial data with all users of such information within-- (A) the National Oceanic and Atmospheric Administration; (B) other Federal agencies; (C) State and local government; and (D) the private sector; and (4) coordinating with, seeking assistance and cooperation of, and providing liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A-16 and Executive Order 12906 of April 14, 1994 (59 Fed. Reg. 17671), as amended by Executive Order 13286 of March 5, 2003 (68 Fed. Reg. 10619). (c) Filling Needs and Gaps.--In carrying out this section, the Secretary shall-- (1) recognize that remote sensing and other geospatial data acquisition for navigational and positioning purposes is carried out through other authorities and programs; (2) focus on filling data needs and gaps for critical coastal management issues; (3) pursuant to the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3501 et seq.), support continue improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes, including-- (A) coastal elevation data; (B) land use and land cover data; (C) socioeconomic and human use data; (D) critical infrastructure data; (E) structures data; (F) living resources and habitat data; (G) cadastral data; and (H) aerial imagery; (4) integrate the priority supporting data set forth under paragraph (3) with other available data for the benefit of the broadest measure of coastal resource management constituents and applications; (5) enter into financial agreements to carry out this Act, including-- (A) program support to non-Federal entities that participate in implementing this Act; (B) financial agreements, including grants, cooperative agreements, interagency agreements, and contracts, or any other agreement on a reimbursable or non-reimbursable basis, with other Federal, tribal, State, and local governmental and nongovernmental entities; and (C) registration fees in support of training, workshops, and conferences that advance the purposes of this Act; and (6) enter into such contracts with private sector entities for such products and services as the Secretary determines may be necessary to collect remote sensing and other geospatial data, which contracts shall be considered ``surveying and mapping'' services as such term is used in and as such contracts are awarded by the Secretary in accordance with the selection procedures in chapter 11 of title 40, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section in each of fiscal years 2015 through 2020.

Digital Coast Act of 2014 - Requires the National Oceanic and Atmospheric Administration (NOAA) to establish a constituent-driven Digital Coast program. (This program currently exists under NOAA to provide data, tools, and training that communities use to manage their coastal resources.) Directs the program to: (1) provide an online resource that integrates geospatial data, decision-support tools, training, and best practices to address coastal management issues and needs and to enhance resilient communities, ecosystem values, and coastal economic growth and development; and (2) provide for the documentation, dissemination, and archiving of the data. Requires NOAA to focus on filling data needs and gaps for critical coastal management issues, support continued improvement in existing efforts to coordinate the acquisition and integration of key data sets needed for coastal management and other purposes, and enter into financial agreements to carry out the program.

Digital Coast Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Interest Checking Act of 1998''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account on which interest or dividends are paid to make up to 24 transfers per month, for any purpose, to another account of the owner in the same institution. Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) for purposes of such Act.''. SEC. 3. AMENDMENTS RELATING TO SAVINGS AND DEMAND DEPOSIT ACCOUNTS AT DEPOSITORY INSTITUTIONS. (a) NOW Accounts Authorized for All Businesses.--Section 2 of Public Law 93-100 (12 U.S.C. 1832(a)(2)) is amended to read as follows: ``SEC. 2. WITHDRAWALS BY NEGOTIABLE OR TRANSFERABLE INSTRUMENTS FOR TRANSFERS TO THIRD PARTIES. ``Notwithstanding any other provision of law, any depository institution (as defined in section 3 of the Federal Deposit Insurance Act) may permit the owner of any deposit or account to make withdrawals from such deposit or account by negotiable or transferable instruments for the purpose of making payments to third parties.''. (b) Repeal of Prohibition on Payment of Interest on Demand Deposits.-- (1) Federal reserve act.--Section 19 of the Federal Reserve Act (12 U.S.C. 371a) is amended by striking subsection (i). (2) Home owners' loan act.--The 1st sentence of section 5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C. 1464(b)(1)(B)) is amended by striking ``savings association may not--'' and all that follows through ``(ii) permit any'' and inserting ``savings association may not permit any''. (3) Federal deposit insurance act.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by striking subsection (g). (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2004. SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution to meet the reserve requirements of this subsection applicable with respect to such depository institution shall receive earnings to be paid by the Federal reserve bank at least once each calendar quarter at a rate or rates not to exceed the general level of short term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks or on whose behalf such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions which are not member banks.''. (b) Technical and Conforming Amendment.-- (1) Section 19(b) of federal reserve act.--Section 19(b)(4) of the Federal Reserve Act (12 U.S.C. 461(b)(4)) is amended by striking subparagraph (C). (2) Section 19(c) of federal reserve act.--Section 19(c)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(A)) is amended by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2) of the Federal Reserve Act (12 U.S.C. 461(b)(2)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''.

Small Business Interest Checking Act of 1998 - Amends the Federal Deposit Insurance Act to provide that any depository institution may permit: (1) the owner of any interest-bearing or dividend-earning account to make up to 24 transfers per month, for any purpose, to another account of the owner in the same institution; and (2) the owner of any deposit or account (negotiable order of withdrawal, or NOW, account) to make withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties. Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription against interest payments on demand deposits. Amends the Federal Reserve Act to: (1) mandate quarterly payment of interest on depository institution reserve requirement balances; and (2) authorize a reduction to zero percent of the mandatory ratios for such reserve requirements (which would thus eliminate such reserve requirements).

Small Business Interest Checking Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pension Technical Modifications Act''. SEC. 2. ELECTIVE EXCLUSION OF PLAN INVESTMENT EXPENSES IN DETERMINING TARGET NORMAL COST. (a) Amendment to ERISA.--Section 303(b)(1)(A)(ii) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(b)(1)(A)(ii)) is amended by inserting ``(excluding, to the extent elected by the plan sponsor, plan investment expenses)'' after ``plan year''. (b) Amendment to 1986 Code.--Clause (ii) of section 430(b)(1)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(excluding, to the extent elected by the plan sponsor, plan investment expenses)'' after ``plan year''. (c) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall take effect as if included in sections 102 and 112, respectively, of the Pension Protection Act of 2006. (2) Special rule for closed plan years.--In the case of a plan year ending before the date of the enactment of this Act, any election pursuant to the amendments made by this section with respect to such plan year must be made not later than 180 days after such date. SEC. 3. DEFINITION OF ELIGIBLE PLAN YEAR. (a) Amendment to ERISA.--Clause (v) of section 303(c)(2)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)(2)(D)), as added by section 201(a)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended-- (1) by striking ``on or after the date of the enactment of this subparagraph'' and inserting ``on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan)'', and (2) by adding at the end the following new sentence: ``For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)-- ``(A) the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law, ``(B) there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 of the Internal Revenue Code of 1986 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year), ``(C) there are no outstanding liens in favor of the plan under subsection (k), and ``(D) the plan sponsor has not initiated a distress termination of the plan under section 4041.''. (b) Amendment to 1986 Code.--Clause (v) of section 430(c)(2)(D) of the Internal Revenue Code of 1986, as added by section 201(b)(1) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended-- (1) by striking ``on or after the date of the enactment of this subparagraph'' and inserting ``on or after June 25, 2010 (March 10, 2010, in the case of an eligible plan)'', and (2) by adding at the end the following new sentence: ``For purposes of the preceding sentence, a plan shall be treated as an eligible plan only if, as of the date of the election with respect to the plan under clause (i)-- ``(A) the plan sponsor is not a debtor in a case under title 11, United States Code, or similar Federal or State law, ``(B) there are no unpaid minimum required contributions with respect to the plan for purposes of section 4971 (imposing an excise tax when minimum required contributions are not paid by the due date for the plan year), ``(C) there are no outstanding liens in favor of the plan under subsection (k), and ``(D) the plan sponsor has not initiated a distress termination of the plan under section 4041 of the Employee Retirement Income Security Act of 1974.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the amendments made by the provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which the amendments relate. SEC. 4. ELIGIBLE CHARITY PLANS. (a) Definition of Eligible Charity Plans.--Section 104(d) of the Pension Protection Act of 2006, as added by section 202(b) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010, is amended-- (1) by inserting ``, if the plan sponsor so elects,'' after ``shall'', and (2) by adding at the end the following: ``Any election made under the preceding sentence shall be made at such time and in such form and manner as shall be prescribed by the Secretary of the Treasury and, for elections with respect to plan years beginning more than 1 year after the date of the enactment of the Pension Technical Modifications Act, may be revoked only with the consent of the Secretary.''. (b) Application of New Rules to Eligible Charity Plans.--Paragraph (2) of section 202(c) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 is amended to read as follows: ``(2) Eligible charity plans.--The amendments made by subsection (b) shall apply to plan years beginning after December 31, 2010, except that a plan sponsor may elect to apply such amendments to plan years beginning after an earlier date.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 to which they relate. SEC. 5. SUSPENSION OF CERTAIN FUNDING LEVEL LIMITATIONS. (a) Limitations on Benefit Accruals.--Section 203 of the Worker, Retiree, and Employer Recovery Act of 2008 is amended-- (1) by striking ``the first plan year beginning during the period beginning on October 1, 2008, and ending on September 30, 2009'' and inserting ``any plan year beginning during the period beginning on October 1, 2008, and ending on December 31, 2011''; (2) by striking ``substituting'' and all that follows through ``for such plan year'' and inserting ``substituting for such percentage the plan's adjusted funding target attainment percentage for the last plan year ending before September 30, 2009,''; and (3) by striking ``for the preceding plan year is greater'' and inserting ``for such last plan year is greater''. (b) Social Security Level-Income Options.-- (1) Amendment to erisa.--Section 206(g)(3)(E) of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new sentence: ``For purposes of applying clause (i) payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 204(b)(1)(G)).''. (2) Amendment to 1986 code.--Section 436(d)(5) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of applying subparagraph (A) payments under a social security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a social security supplement described in the last sentence of section 411(a)(9)).''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to annuity payments the annuity starting date for which occurs on or after January 1, 2012. (B) Permitted application.--A plan shall not be treated as failing to meet the requirements of sections 206(g) of the Employee Retirement Income Security Act of 1974 (as amended by this subsection) and section 436(d) of the Internal Revenue Code of 1986 (as so amended) if the plan sponsor elects to apply the amendments made by this subsection to payments the annuity starting date for which occurs during elected months prior to January 1, 2012. (c) Repeal of Related Provisions.--The provisions of, and the amendments made by, section 203 of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 are repealed and the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Worker, Retiree, and Employer Recovery Act of 2008 (Public Law 110-458; 122 Stat. 5118) shall be applied as if such section had never been enacted. (d) Plans Maintained by Charities.-- (1) Amendment to erisa.--Section 303(f)(3)(D)(i) of the Employee Retirement and Income Security Act of 1974 (29 U.S.C. 1083(f)(3)(D)(i)) is amended by striking ``September 1, 2011'' and inserting ``January 1, 2012''. (2) Amendment to 1986 code.--Clause (i) of section 430(f)(3)(D) of the Internal Revenue Code of 1986 is amended by striking ``September 1, 2011'' and inserting ``January 1, 2012''.

Pension Technical Modifications Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code with respect to the formula for the target normal plan cost element in the larger formula for determining the minimum required employer contribution for a plan year of a single-employer defined benefit pension plan. Revises the formula for the target normal cost to allow a plan sponsor to elect to exclude plan investment expenses from the amount of plan-related expenses expected to be paid from plan assets during the plan year. Makes technical amendments to ERISA and the Internal Revenue Code, as amended by the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PACMBPRA), regarding the election to apply specified requirements in an eligible plan year with respect to the shortfall amortization base in minimum funding standards for such plans. Treats a plan as eligible for such an election only if: (1) the plan sponsor is not a debtor in a case under bankruptcy law or similar federal or state law, (2) there are no unpaid minimum required contributions with respect to the plan for purposes of the excise tax when minimum required contributions are not paid when due, (3) there are no outstanding liens in favor of the plan for a person's failure to make required contributions, and (4) the plan sponsor has not initiated a distress termination of the plan. Amends the Pension Protection Act of 2006 (PPA), as amended by PACMBPRA, to allow plan sponsors to elect to treat a certain kind of plan as an eligible charity plan instead of requiring them to, as under current law. Permits such an election to be revoked, however, only with the consent of the Secretary of the Treasury. Postpones to plan years beginning after December 31, 2010, the authorization for such an election. Amends the Worker, Retiree, and Employer Recovery Act of 2008 to extend through plan years beginning during the period October 1, 2008-December 31, 2011, certain funding-based limits on benefit accruals for single-employer plans with severe funding shortfalls. Revises the adjusted funding target attainment percentage factor in such limits for that period. Amends ERISA and the Internal Revenue Code with respect to the allowance of a one-time prohibited payment by a single-employer plan. Declares that payments under a Social Security leveling option shall be treated as not in excess of the monthly amount paid under a single life annuity (plus an amount not in excess of a Social Security supplement). Extends from September 1, 2011, through December 31, 2011, the special rule and ratio for certain years of eligible charity plans which excludes such plans from the authority of a plan sponsor to elect to credit against the minimum required contribution for the current plan year all or a portion of the prefunding balance or the funding standard carryover balance for the year.

To amend the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 to make technical modifications relating to the Worker, Retiree, and Employer Recovery Act of 2008 and the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Financial System Protection Act of 2016''. SEC. 2. FINDINGS, SENSE OF CONGRESS, AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) On November 8, 2011, the Department of the Treasury identified the Islamic Republic of Iran as a jurisdiction of primary money laundering concern pursuant to section 5318A of title 31, United States Code, including Iran's Central Bank, private Iranian banks, branches, and subsidiaries of Iranian banks operating outside of Iran as posing illicit finance risks for the global financial system. (2) On November 6, 2008, the Department of the Treasury announced that it was revoking the ``U-turn'' license for Iran, stating that ``as a member of the Financial Action Task Force (FATF), the United States today fulfilled its obligation to strengthen measures to protect the financial sector from the risks posed to the international financial system by Iran''. (3) On February 19, 2016, the Financial Action Task Force (FATF), the global standard setting body for anti-money laundering and combating the financing of terrorism which has determined that Iran is a ``non-cooperating country or territory'' in the fight against money laundering and terror financing since 2008, stated that, ``the FATF remains particularly and exceptionally concerned about Iran's failure to address the risk of terrorist financing and the serious threat this poses to the integrity of the international financial system''. (4) United States and foreign businesses operating or seeking to operate in Iran run significant risks, as corruption in Iran is endemic, with Transparency International ranking Iran 130 out of 168 countries. (b) Sense of Congress.--It is the sense of Congress that the entire financial sector of Iran, including Iran's Central Bank, private Iranian banks and branches, and subsidiaries of Iranian banks operating outside of Iran, poses illicit finance risks for the global financial system due to its proliferation, support for terrorism, and other illicit conduct. (c) Statement of Policy.--It shall be the policy of the United States to-- (1) deny Iran access to funds denominated in United States dollars, including through any offshore United States dollar clearing system for transactions involving the Government of Iran or an Iranian person; and (2) deny Iran access to United States dollars through any offshore United States dollar clearing system conducted or overseen by a foreign government or a foreign financial institution for transactions involving the Government of Iran or an Iranian person. SEC. 3. CODIFICATION OF REGULATIONS RELATING TO TRANSFERS OF FUNDS INVOLVING IRAN; CLARIFICATION OF APPLICATION OF REGULATIONS TO FOREIGN DEPOSITORY INSTITUTIONS AND FOREIGN REGISTERED BROKERS AND DEALERS. (a) Codification of Regulations.--Section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2016, shall apply with respect to transfers of funds to or from Iran, or for the direct or indirect benefit of an Iranian person or the Government of Iran, for the period beginning on or after January 1, 2016, and ending on the date on which the President makes the certification to the appropriate congressional committees under section 401(a) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)). (b) Clarification of Application of Regulations to Foreign Financial Institutions and Foreign Registered Brokers and Dealers.-- (1) Foreign financial institutions.--Subsection (a) of section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2016, shall apply with respect to foreign financial institutions to the same extent and in the same manner as such subsection applies with respect to United States depository institutions if the funds that are to be transferred as described in such subsection are funds that are denominated in United States dollars. (2) Foreign registered brokers and dealers.--Subsection (b) of section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2016, shall apply with respect to foreign registered brokers or dealers in securities to the same extent and in the same manner as such subsection applies with respect to United States registered brokers or dealers in securities if the funds that are to be transferred as described in such subsection are funds that are denominated in United States dollars. (3) Suspension.--The President may suspend the application of paragraph (1) with respect to a foreign financial institution or the application of paragraph (2) with respect to a foreign registered broker or dealer in securities for a period not to exceed 60 days, and the President may renew the suspension of the application of paragraph (1) or paragraph (2), respectively, for additional periods of not more than 60 days, on and after the date on which the President certifies to the appropriate congressional committees that during the preceding 60-day period the Government of Iran is in compliance with the criteria described in section 401(a)(1) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)(1)). (c) Licensing Restrictions.-- (1) In general.--Except as provided in paragraph (2), the President may not issue any license under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or provide other guidance, including executive actions, rules, regulations, frequently asked questions, written communications, or any other commitments, that permits-- (A) a United States depository institution or United States registered broker or dealer in securities-- (i) to conduct an offshore United States dollar clearing system for transactions involving or for the benefit of the Government of Iran or an Iranian person, including to process transfers of funds to or from Iran under section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2016; or (ii) to provide United States dollars for any offshore United States dollar clearing system conducted or overseen by a foreign government or a foreign financial institution for transactions involving or for the benefit of the Government of Iran or an Iranian person, including to process transfers of funds to or from Iran under section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2016; or (B) a foreign financial institution or foreign registered broker or dealer in securities-- (i) to conduct an offshore United States dollar clearing system for transactions involving or for the benefit of the Government of Iran or an Iranian person, including to process transfers of funds to or from Iran under section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2016, and as applied under subsection (b); or (ii) to provide United States dollars for any offshore United States dollar clearing system conducted or overseen by a foreign government or a foreign financial institution for transactions involving or for the benefit of the Government of Iran or an Iranian person, including to process transfers of funds to or from Iran under section 560.516 of title 31, Code of Federal Regulations, as in effect on January 1, 2016, and as applied under subsection (b). (2) Exception for humanitarian purposes.--The President may, on a case-by-case basis, issue a license described in paragraph (1) to authorize the activities described in clause (i) or (ii) of paragraph (1)(A) or the activities described in clause (i) or (ii) of paragraph (1)(B) if-- (A) such activities relate solely to-- (i) the provision of agricultural commodities, food, medicine, or medical devices to Iran; or (ii) the provision of humanitarian assistance to the people of Iran; and (B) the President submits to the appropriate congressional committees a copy of the license. (d) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Foreign financial institution.--The term ``foreign financial institution'' has the meaning given such term in section 1010.605 of title 31, Code of Federal Regulations, as in effect on January 1, 2016. (3) Iran.--The term ``Iran'' has the meaning given the term in section 561.329 of title 31, Code of Federal Regulations, as in effect on January 1, 2016. (4) Iranian person.--The term ``Iranian person'' means a person or entity (as such terms are defined in section 560.305 of title 31, Code of Federal Regulations, as in effect on January 1, 2016) that-- (A) is organized under the laws of Iran or any jurisdiction within Iran (including foreign branches); or (B) is a person in Iran. (5) Transfer of funds.--The term ``transfer of funds''-- (A) has the meaning given the term ``funds transfer'' in section 1010.100 of title 31, Code of Federal Regulations, as in effect on January 1, 2016; and (B) includes a transfer of funds or other property for the benefit of an Iranian financial institution that is made between accounts of the same financial institution even if that Iranian financial institution is not the direct recipient of the transfer. (6) United states depository institution.--The term ``United States depository institution'' has the meaning given such term in section 560.319 of title 31, Code of Federal Regulations, as in effect on January 1, 2016. (7) United states registered broker or dealer in securities.--The term ``United States registered broker or dealers in securities'' has the meaning given such term in section 560.321 of title 31, Code of Federal Regulations, as in effect on January 1, 2016. SEC. 4. CERTIFICATION REQUIREMENT FOR REMOVAL OF DESIGNATION OF IRAN AS A JURISDICTION OF PRIMARY MONEY LAUNDERING CONCERN. (a) In General.--The President may not rescind a preliminary draft rule or final rule (as in effect on the day before the date of the enactment of this Act) that provides for the designation of Iran as a jurisdiction of primary money laundering concern pursuant to section 5318A of title 31, United States Code, unless the President submits to the appropriate congressional committees a certification described in subsection (b) with respect to Iran. (b) Certification.--The President may rescind a preliminary draft rule or final rule described in subsection (a) if the President submits to the appropriate congressional committees a certification that the Government of Iran is no longer engaged in support for terrorism, pursuit of weapons of mass destruction, and any illicit and deceptive financial activities. (c) Form.--The certification described in subsection (b) shall be submitted in unclassified form, but may contain a classified annex. (d) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Banking, Housing, and Urban Affairs of the Senate. Passed the House of Representatives July 14, 2016. Attest: KAREN L. HAAS, Clerk.

. United States Financial System Protection Act of 2016 (Sec. 3) This bill applies to transfers of funds to or from Iran, or for the direct or indirect benefit of an Iranian person or the government of Iran, for a specified period only, the existing authorization for U.S. depository institutions and registered brokers or dealers in securities to process such a funds transfer if the transfer arises from, and is ordinarily incident and necessary to give effect to, an underlying transaction that has been authorized by a specific or general license and does not involve debiting or crediting an Iranian account. The period of application shall be from on or after January 1, 2016, until the President certifies to the appropriate congressional committees that the government of Iran has ceased: supporting acts of international terrorism; and developing nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology (and has dismantled existing ones). The requirements of this bill shall also apply to foreign financial institutions and registered brokers or dealers in securities if the funds to be transferred are denominated in U.S. dollars. The President may not, except for certain humanitarian purposes, issue any license under the International Emergency Economic Powers Act or take other action that permits a domestic or foreign depository institution or registered broker or dealer in securities to conduct an offshore U.S. dollar clearing system, or supply U.S. dollars for any such system conducted or overseen by a foreign government or financial institution, for transactions (including funds transfers) involving or for the benefit of the government of Iran or an Iranian person. (Sec. 4) The President may not rescind a preliminary draft rule or final rule authorizing designation of Iran as a jurisdiction of primary money laundering concern without first certifying to Congress that the government of Iran is no longer engaged in support for terrorism, pursuit of weapons of mass destruction, and any illicit and deceptive financial activities.

United States Financial System Protection Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cats and Public Safety Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The global illicit trade in wildlife may be worth up to $20,000,000,000 annually and the value of legal wildlife trade in the United States was recently estimated at $2,800,000,000 annually. (2) The illegal trade in prohibited wildlife species (as defined in section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(g)) stimulates demand and expands markets in which those species can be illegally sold. (3) The private possession, breeding, and sale of prohibited wildlife species has a substantial and detrimental effect on the health and general welfare of the people of the United States and on the conservation of the species themselves. (4) Private possession and breeding of prohibited wildlife species have a substantial and direct effect on interstate commerce because prohibited wildlife species are frequently bred and possessed to be used in public exhibition or for sale or transfer of ownership in the exotic pet trade, and are often transported in interstate commerce for these purposes. (5) Private possession and breeding of prohibited wildlife species contributes to the interstate traffic in those species and may contribute to illegal international wildlife trade. (6) Prohibited wildlife species in private possession, or distributed intrastate, are fungible commodities that cannot be differentiated, in terms of control, from prohibited wildlife species possessed or distributed interstate. (7) It is exceedingly difficult to distinguish between prohibited wildlife species that are possessed, bred, sold, or transported in interstate commerce from those that have not been. (8) Federal control of the intrastate private possession and breeding of prohibited wildlife species is essential to the effective control of the interstate incidents of traffic in prohibited wildlife species. (9) The United States is a party to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which was designed to protect species of wild fauna and flora against overexploitation through international trade. SEC. 3. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to facilitate the propagation or reproduction (whether intentionally or negligently), or to fail to prevent the propagation or reproduction, of a prohibited wildlife species or other animal.''; and (3) by adding at the end the following: ``(m) Traveling Circus.--The term `traveling circus' means an exhibitor holding a Class C license issued under the Animal Welfare Act (7 U.S.C. 2131 et seq.).''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.-- (A) Section 3(e)(2)(C) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended-- (i) in clause (ii), by striking ``section 2(g)'' and inserting ``section 2(h)''; and (ii) in clause (iii), by striking ``section 2(g)'' and inserting ``section 2(h)''. (B) Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 4. PROHIBITIONS. Section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (B) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (C) by striking subparagraph (C); (2) in paragraph (3)(B)(iii), by striking ``; or'' and inserting a semicolon; (3) by redesignating paragraph (4) as paragraph (5); (4) by inserting after paragraph (3) the following: ``(4) subject to subsection (e), to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or to breed or possess, any prohibited wildlife species; or''; and (5) in paragraph (5), (as so redesignated), by striking ``(1) through (3)'' and inserting ``(1) through (4)''. SEC. 5. NONAPPLICABILITY OF OFFENSES. (a) In General.--Section 3(e) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.--Subsection (a)(4) shall not apply to-- ``(A) the importation, exportation, transportation, sale, receipt, acquisition, purchase, breeding, or possession of an animal of a prohibited wildlife species, by any person that, under any regulation promulgated under paragraph (3), is described in subparagraph (A), (B), (C), (D), or (F) of paragraph (2) with respect to that species; and ``(B) the transportation or possession of an animal of a prohibited wildlife species, by a person that, under any regulation promulgated under paragraph (3), is described in paragraph (2)(E) with respect to that species.''; and (2) in paragraph (2)-- (A) by striking subparagraph (A) and inserting the following: ``(A) is an institution accredited by the Association of Zoos and Aquariums (AZA) or certified related facilities that coordinate with an AZA Species Survival Plan for breeding of species listed as threatened or endangered pursuant to the provision of law codified at section 1533 of title 16, United States Code;''; (B) in subparagraph (C)-- (i) by striking ``is an accredited'' and inserting ``is a''; (ii) in clause (iii), by striking ``and''; (iii) in clause (iv), by striking ``or'' and inserting ``and''; and (iv) by adding at the end the following: ``(v) does not allow the transportation and display of animals off-site;''; (C) in subparagraph (D), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(E) is in possession of any animal of any prohibited wildlife species, that-- ``(i) is born before the date of enactment of this subparagraph; and ``(ii) not later than 180 days after the date on which regulations are promulgated implementing this subparagraph, is registered with the Animal and Plant Health Inspection Service; or ``(F) is a traveling circus that-- ``(i) regularly travels in interstate commerce to conduct performances featuring live prohibited wildlife species and multiple trained human entertainers, including clowns and acrobats; ``(ii) does not allow members of the public to be in direct contact with or unsafe proximity to a prohibited wildlife species of any age, including offering photographic opportunities or interactive sessions; and ``(iii) during the 3-year period preceding the date of the enactment of this subparagraph, has not been determined by the Secretary of Agriculture to have violated the Animal Welfare Act (7 U.S.C. 2131 et seq.) by reason of jeopardizing the health and well-being of a prohibited wildlife species, including jeopardizing such health and well-being by providing-- ``(I) inappropriate veterinary care; ``(II) inappropriate handling of the species causing stress or trauma to the species or a threat to public safety; or ``(III) insufficient food, water, shelter, or space.''. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, and the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall promulgate regulations implementing the amendments made by this section. SEC. 6. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(a)(4),'' after ``subsections''; and (2) by striking ``subsection (d)'' and inserting ``subsection (a)(4), (d),''. (b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by striking ``or'' after the comma at the end; (B) in subparagraph (B), by adding ``or'' after the comma at the end; and (C) by inserting after subparagraph (B) the following: ``(C) knowingly violates section 3(a)(4),''; and (2) in paragraph (2), by inserting ``, or in the exercise of due care should know that the conduct violates section 3(a)(4),'' after ``treaty or regulation''. SEC. 7. FORFEITURE. Section 5(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)) is amended-- (1) in paragraph (1), by striking ``or purchased'' and inserting ``purchased, bred, or possessed,''; and (2) in paragraph (2)-- (A) by striking ``or purchasing'' and inserting ``purchasing, breeding, or possessing,'' and (B) by striking ``sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase'' and inserting ``importation, exportation, transportation, sale, receipt, acquisition, purchase, breeding, or possession of, the offer of importation, exportation, transportation, sale, receipt, acquisition, purchase, breeding, or possession of, or the intent to import, export, transport, sell, receive, acquire, purchase, breed, or possess''.

Big Cats and Public Safety Protection Act - Amends the Lacey Act Amendments of 1981 to prohibit any person from importing, exporting, transporting, selling, receiving, acquiring, purchasing in interstate or foreign commerce, breeding, or possessing any prohibited wildlife species (current law prohibits importing, exporting, transporting, selling, receiving, acquiring, or purchasing such a species in interstate or foreign commerce). Includes among exemptions to such prohibition the breeding transportation, or possession of such species by authorized persons. Defines "breeding" as facilitating the propagation or reproduction (whether intentionally or negligently), or failing to prevent the propagation or reproduction, of a prohibited wildlife species or other animal. Removes from the list of persons authorized to import, export, transport, sell, receive, acquire, purchase, breed, or possess such species a person that is licensed or registered, and inspected, by the Animal and Plant Health Inspection Service (APHIS) or any other federal agency with respect to such species. Includes in such list: an institution accredited by the Association of Zoos and Aquariums (AZA) or certified related facilities that coordinate with an AZA Species Survival Plan for breeding of species listed as threatened or endangered under the Endangered Species Act of 1973; a wildlife sanctuary that cares for such species, is a tax exempt corporation, does not commercially trade in or propagate such species, does not allow direct contact between the public and animals, and does not allow the transportation and display of such species off-site; a person that is in possession of animals of such species that were born before the date of this Act's enactment and that are registered with APHIS within 180 days after such regulations are promulgated; and a traveling circus that regularly travels in interstate commerce to conduct performances featuring live prohibited wildlife species and multiple trained human entertainers, that does not allow members of the public to be in direct contact with or unsafe proximity to a prohibited wildlife species of any age, and that, during the three years preceding this Act's enactment, has not been determined by the Secretary of Agriculture to have violated the Animal Welfare Act by reason of jeopardizing the health and well-being of a prohibited wildlife species. Establishes civil and criminal penalties and forfeiture requirements for violations of this Act.

Big Cats and Public Safety Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2013'' or the ``PREPARE Act of 2013''. SEC. 2. WILDFIRE MITIGATION. Title II of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5131 et seq.) is amended by inserting after section 203 the following: ``SEC. 203A. WILDFIRE MITIGATION. ``(a) Definitions.--In this section-- ``(1) the term `Administrator' means the Administrator of the Federal Emergency Management Agency; ``(2) the term `community wildfire protection plan' has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511); ``(3) the term `local mitigation plan' means a mitigation plan developed under section 322(b) that addresses wildfire mitigation and preparedness; and ``(4) the term `State mitigation plan' means a mitigation plan developed under section 322(c) that addresses wildfire mitigation and preparedness. ``(b) Establishment of Wildfire Mitigation and Preparedness Grant Program.--The President, acting through the Administrator, shall establish a pilot program to make grants to States for wildfire mitigation and preparedness. ``(c) Use of Funds.--A grant under this section may be used by a State-- ``(1) to reduce the hazardous fuel load by reducing the use of fuels that may contribute to catastrophic wildfires in high- risk areas; ``(2) to invest in personnel and organizations to improve wildfire preparedness; ``(3) to invest in vehicles and other equipment to improve wildfire preparedness; ``(4) to invest in air tankers or other airborne assets to help contain, suppress, and monitor wildfires; ``(5) to prevent damage from runoff into waterways and floods caused by erosion from wildfires; and ``(6) at the discretion of the Governor of a State, for any other wildfire mitigation and preparedness activities on Federal, State, or private land in the State, unless otherwise prohibited by law. ``(d) Eligibility for Assistance.-- ``(1) In general.-- ``(A) Eligibility.--A State shall be eligible for assistance under this section if the section 420 grant ratio for such State is equal to or greater than 150 percent of the State population ratio. ``(B) Ratios.--For purposes of subparagraph (A)-- ``(i) the section 420 grant ratio shall be equal to the quotient of-- ``(I) the number of declarations for a grant under section 420 received by the State during the 10 years prior to the date on which an application for assistance is submitted under this section, divided by ``(II) the total number of declarations for a grant under section 420 in the United States during the 10 years prior to the date on which an application for assistance is submitted under this section; and ``(ii) the State population ratio shall be equal to the quotient of-- ``(I) the population of the State, based on the most recent data available from the Bureau of the Census on the date on which an application for assistance is submitted under this section, divided by ``(II) the population of the United States, based on the most recent data available from the Bureau of the Census on the date on which an application for assistance is submitted under this section. ``(2) Waiver.--The President may waive the requirement of paragraph (1) if a State-- ``(A) files a petition for waiver of the requirement of paragraph (1); and ``(B) demonstrates that significant environmental changes or shifts in forest health put the State at an elevated risk for catastrophic wildfires, as determined by the President. ``(3) Local assistance.--The Governor of a State may award funds received under this section, to be used solely for the purposes set forth under subsection (c), to-- ``(A) any county or municipality in that State with a community wildfire protection plan or a local mitigation plan; or ``(B) any other entity that is explicitly referenced in and central to, in the determination of the Governor, the design of a community wildfire protection plan or a local mitigation plan. ``(e) Criteria for Assistance.--In determining whether to award a grant to a State under this section, the President shall-- ``(1) give preference to-- ``(A) a State with a high level of need for assistance based on the best scientific data available, as determined by the President in consultation with the Chief of the Forest Service; ``(B) a State that provides matching non-Federal funds, including funds from nongovernmental entities, equal to not less than 100 percent of the amount of Federal funds made available under this section; and ``(C) a State that previously received a grant under this section and efficiently and effectively used the Federal funds for wildfire mitigation and preparedness activities in the State, as determined by the President; and ``(2) consider environmental conditions in a State, including environmental changes, deteriorating forest health, and overall wildfire risk. ``(f) Application for Assistance.-- ``(1) In general.--To request a grant under this section, a State shall submit an application to the President in such form, in such manner, and containing such information as the President may reasonably require. ``(2) Contents.--In addition to any other requirements that may be specified by the President, a State submitting an application for a grant under this section shall demonstrate that-- ``(A) the State has a publicly available State mitigation plan; ``(B) the State shall provide matching non-Federal funds equal to not less than 50 percent of the amount of Federal funds made available under this subsection; and ``(C) a county or municipality that may receive funds from the grant has a community wildfire protection plan or a local mitigation plan. ``(g) Report.--Not later than 1 year after the date of receipt of a grant under this section, a State shall submit to the Administrator a report, which shall be made publicly available, on the use of funds made available under the grant. ``(h) Funding for Assistance.-- ``(1) Predisaster mitigation fund.--Subject to the availability of funds in the National Predisaster Mitigation Fund established under section 203(i), the President shall use not less than $20,000,000 and not more than $30,000,000 from unobligated amounts in the National Predisaster Mitigation Fund for each of fiscal years 2014 through 2019 in carrying out this section. ``(2) Rule of construction.--Nothing in this section shall be construed to increase the amount of appropriations authorized for the Department of Homeland Security in any given fiscal year.''.

Prepare, Ready, Equip, and Prevent Areas at Risk of Emergency Wildfires Act of 2013 or the PREPARE Act of 2013 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to establish a pilot program to make grants to states for wildfire mitigation and preparedness. Permits a grant to be used to: (1) reduce the use of fuels that may contribute to catastrophic wildfires in high-risk areas; (2) invest in personnel, organizations, vehicles, and equipment to improve wildfire preparedness; (3) invest in airborne assets to help contain, suppress, and monitor wildfires; and (4) prevent damage from runoff into waterways and floods caused by erosion from wildfires. Makes a state eligible for assistance under this Act if the fire management assistance grant ratio for such state is equal to or greater than 150% of the state population ratio. Authorizes the President to waive that requirement if a state: (1) files a petition for waiver of that requirement, and (2) demonstrates that significant environmental changes or shifts in forest health put the state at an elevated risk for catastrophic wildfires. Allows the governor of a state to award grant funds to: (1) any county or municipality in that state with a community wildfire protection plan or a local mitigation plan, or (2) any other entity that is explicitly referenced in and central to the design of such a plan. Directs the President to consider environmental conditions in a state and give preference to a state: (1) with a high level of need for assistance based on the best scientific data available, (2) a state that provides 100% matching non-federal funds, and (3) a state that previously received a grant and efficiently and effectively used the federal funds for wildfire mitigation and preparedness activities. Directs the President to use specified unobligated amounts in the National Predisaster Mitigation Fund for each of FY2014-FY2019 in carrying out this Act.

PREPARE Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Lending for Jobs Act of 2012''. SEC. 2. FOCUS ON CREDIT AVAILABILITY. (a) Mission Modification.-- (1) In general.--In addition to the missions of the Federal banking agencies included in other law, the Federal banking agencies shall include focusing on-- (A) generally fostering and facilitating credit availability to customers of insured depository institutions, so long as that credit is provided in a safe and sound manner; and (B) generally assisting insured depository institutions to provide such credit responsibly, so as to encourage business development and employment, by utilizing regulatory policies and procedures that promote credit availability in a safe and sound manner. (2) Prohibition.--In carrying out the elements of their missions added by paragraph (1), the Federal banking agencies may not require or pressure insured depository institutions, directly or indirectly, to provide particular kinds of credit or on particular terms. (3) Implementation plan.--Not later than the end of the 120-day period beginning on the date of the enactment of this Act, each Federal banking agency shall issue a report to the Congress containing an implementation plan that addresses-- (A) how the agency will modify specific rules, regulations, interpretative opinions, and other policies of the agency to address the modification of the agency's mission under paragraph (1); (B) how and when those modifications will be put into effect, but in no case later than the end of the 180-day period beginning on the date of the enactment of this Act; and (C) how examiners, other agency personnel who have direct contact with insured depository institutions, and the supervisors of those agency personnel are to be trained and evaluated on their individual performance on implementation of the modified mission. (4) Reports.--Not later than the end of the 360-day period beginning on the date of the enactment of this Act, and annually thereafter, each Federal banking agency shall issue a report to the Congress on-- (A) a current assessment of the degree to which the agency's policies foster and facilitate the availability of credit to customers of insured depository institutions in a safe and sound manner; (B) the agency's progress on implementing the modified mission; (C) results of ongoing evaluation methods to assess how the agency and its individual examiners, other employees who have direct contact with insured depository institutions, and supervisors of those personnel have performed in implementing the modified mission; and (D) corrective measures the agency will take to address deficiencies in accomplishing the requirements described under subparagraphs (A) through (C). (b) Credit Availability Council.--There is hereby established the Credit Availability Council, which shall-- (1) consist of the head of each Federal banking agency, or a designee; and (2) coordinate the efforts of the Federal banking agencies in-- (A) fostering and facilitating credit availability to customers of insured depository institutions, so long as that credit is provided in a safe and sound manner; and (B) assisting insured depository institutions to provide such credit responsibly, so as to encourage business development and employment. (c) Definitions.--For purposes of this section: (1) Federal banking agency.--The term ``Federal banking agency'' means-- (A) the Board of Governors of the Federal Reserve System; (B) the Bureau of Consumer Financial Protection; (C) the Federal Deposit Insurance Corporation; (D) the Office of the Comptroller of the Currency; and (E) the National Credit Union Administration. (2) Insured depository institution.--The term ``insured depository institution'' means-- (A) an insured depository institution, as such term is defined under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)); and (B) an insured credit union, as such term is defined under section 101 of the Federal Credit Union Act (12 U.S.C. 1752). SEC. 3. COMMERCIAL REAL ESTATE LOAN LOSS AMORTIZATION. (a) In General.--For purposes of capital calculation under the Financial Institutions Examination Council's Consolidated Reports of Condition and Income, an insured depository institution with assets of less than $10,000,000,000 may choose to amortize any loss or write- down, on a quarterly straight-line basis over the 7-year period beginning with the month in which such loss or write-down occurs, incurred with respect to-- (1) a loan secured by commercial real estate; or (2) other real estate owned. (b) Effective Date.--The provisions of this section shall apply to capital calculations described under subsection (a) occurring after the date of the enactment of this Act for losses and write-downs that occurred-- (1) on or after January 1, 2007; and (2) before the end of the 2-year period beginning on the date of the enactment of this Act. (c) Disclosure on Consolidated Reports of Condition and Income.-- With respect to an insured depository institution choosing to make use of the amortization provided for under subsection (a), such institution shall, on the Financial Institutions Examination Council's Consolidated Reports of Condition and Income, disclose the difference between the amount of the institution's capital when calculated using such amortization and when calculated without using such amortization. (d) Reporting on Prior Losses and Write-downs.--An insured depository institution that chooses to make use of the amortization provided for under subsection (a) with respect to losses and write- downs occurring prior to the date of the enactment of this Act shall do so by making a one-time adjustment to the institution's Consolidated Reports of Condition and Income. (e) Definitions.--For purposes of this section: (1) Insured depository institution.--The term ``insured depository institution'' shall have the meaning given such term under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)). (2) Other real estate owned.--The term ``other real estate owned'' shall have the meaning given such term under section 34.81 of title 12, Code of Federal Regulations. SEC. 4. INCLUSION OF LOAN LOSS RESERVES IN COMPUTATION OF CAPITAL RESERVES. (a) In General.--The appropriate Federal banking agencies shall issue regulations to permit an insured depository institution to include all of such institution's allowance for loan and lease losses when computing such institution's capital for purposes of satisfying risk-based capital requirements. (b) Exception for Loss Classification.--Notwithstanding subsection (a), this section shall not apply to allowances for loans or lease losses where such loan or lease is classified as a ``loss''. (c) Rulemaking.--The appropriate Federal banking agencies shall issue regulations required under this section no later than the end of the 120-day period beginning on the date of the enactment of this Act. (d) Report to the Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, each appropriate Federal banking agency shall issue a report to the Congress on-- (1) the implementation of the provisions of this section; (2) the impact of the provisions of this section on the availability of lending; and (3) the impact of the provisions of this section on the safety and soundness of insured depository institutions. (e) Definitions.--For purposes of this section: (1) Allowance for loan and lease losses.-- (A) In general.--The term ``allowance for loan and lease losses'' means those general valuation allowances that have been established through charges against earnings to absorb losses on loans and lease financing receivables. (B) Exclusion.--The term ``allowance for loan and lease losses'' does not include allocated transfer risk reserves established pursuant to section 905 of the International Lending Supervision Act of 1983 (12 U.S.C. 3904) and specific reserves created against identified losses. (2) Appropriate federal banking agencies.--The term ``appropriate Federal banking agencies'' shall have the meaning given such term under section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q)). (3) Insured depository institution.--The term ``insured depository institution'' shall have the meaning given such term under section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2)).

Small Business Lending for Jobs Act of 2012 - Directs federal banking agencies to focus upon: (1) facilitating credit availability to customers of insured depository institutions, and (2) using regulatory policies and procedures that promote credit availability in a safe and sound manner in order to assist insured depository institutions to provide such credit and thus encourage business development and employment. Prohibits federal banking agencies from requiring or pressuring insured depository institutions to provide particular kinds of credit or on particular terms. Directs each federal banking agency to report to Congress an implementation plan addressing such foci. Establishes the Credit Availability Council to coordinate federal banking agency efforts in facilitating credit availability to insured depository institution customers. Authorizes an insured depository institution with assets of less than $10 billion, for purposes of capital calculation under the Financial Institutions Examination Council's Consolidated Reports of Condition and Income, to choose to amortize any loss or write-down, on a quarterly straight-line basis over a seven-year period, which it has incurred with respect to: (1) a loan secured by commercial real estate, or (2) other real estate owned. Directs the federal banking agencies to promulgate regulations permitting an insured depository institution to include all of its allowance for loan and lease losses when computing capital for purposes of satisfying risk-based capital requirements.

To include focusing on credit availability in the mission of each Federal banking regulator, to provide insured depository institutions with certain amortization authority and authority to include allowances for loan and lease losses when calculating the institution's capital, and for other purposes.

SECTION 1. TREATMENT OF ADVANCE REFUNDING BONDS. (a) In General.--Section 149(d) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1), by striking ``to advance refund another bond'' and inserting ``as part of an issue described in paragraph (2), (3), or (4)''; (2) by redesignating paragraphs (2) and (3) as paragraphs (6) and (7), respectively; and (3) by inserting after paragraph (1) the following new paragraphs: ``(2) Certain private activity bonds.--An issue is described in this paragraph if any bond (issued as part of such issue) is issued to advance refund a private activity bond (other than a qualified 501(c)(3) bond). ``(3) Other bonds.-- ``(A) In general.--An issue is described in this paragraph if any bond (issued as part of such issue), hereinafter in this paragraph referred to as the `refunding bond', is issued to advance refund a bond unless-- ``(i) the refunding bond is only-- ``(I) the 1st advance refunding of the original bond if the original bond is issued after 1985, or ``(II) the 1st or 2nd advance refunding of the original bond if the original bond was issued before 1986, ``(ii) in the case of refunded bonds issued before 1986, the refunded bond is redeemed not later than the earliest date on which such bond may be redeemed at par or at a premium of 3 percent or less, ``(iii) in the case of refunded bonds issued after 1985, the refunded bond is redeemed not later than the earliest date on which such bond may be redeemed, ``(iv) the initial temporary period under section 148(c) ends-- ``(I) with respect to the proceeds of the refunding bond not later than 30 days after the date of issue of such bond, and ``(II) with respect to the proceeds of the refunded bond on the date of issue of the refunding bond, and ``(v) in the case of refunded bonds to which section 148(e) did not apply, on and after the date of issue of the refunding bond, the amount of proceeds of the refunded bond invested in higher yielding investments (as defined in section 148(b)) which are nonpurpose investments (as defined in section 148(f)(6)(A)) does not exceed-- ``(I) the amount so invested as part of a reasonably required reserve or replacement fund or during an allowable temporary period, and ``(II) the amount which is equal to the lesser of 5 percent of the proceeds of the issue of which the refunded bond is a part or $100,000 (to the extent such amount is allocable to the refunded bond). ``(B) Special rules for redemptions.-- ``(i) Issuer must redeem only if debt service savings.--Clause (ii) and (iii) of subparagraph (A) shall apply only if the issuer may realize present value debt service savings (determined without regard to administrative expenses) in connection with the issue of which the refunding bond is a part. ``(ii) Redemptions not required before 90th day.--For purposes of clauses (ii) and (iii) of subparagraph (A), the earliest date referred to in such clauses shall not be earlier than the 90th day after the date of issuance of the refunding bond. ``(4) Abusive transactions prohibited.--An issue is described in this paragraph if any bond (issued as part of such issue) is issued to advance refund another bond and a device is employed in connection with the issuance of such issue to obtain a material financial advantage (based on arbitrage) apart from savings attributable to lower interest rates. ``(5) Special rules for purposes of paragraph (3).--For purposes of paragraph (3), bonds issued before the date of the enactment of this subsection shall be taken into account under subparagraph (A)(i) thereof except-- ``(A) a refunding which occurred before 1986 shall be treated as an advance refunding only if the refunding bond was issued more than 180 days before the redemption of the refunded bond, and ``(B) a bond issued before 1986, shall be treated as advance refunded no more than once before March 15, 1986.''. (b) Conforming Amendment.--Section 148(f)(4)(C) of such Code is amended by redesignating clauses (xiv) through (xvi) as clauses (xv) through (xvii) and by inserting after clause (xiii) the following new clause: ``(xiv) Determination of initial temporary period.--For purposes of this subparagraph, the end of the initial temporary period shall be determined without regard to section 149(d)(3)(A)(iv).''. (c) Effective Date.--The amendments made by this section shall apply to advance refunding bonds issued after the date of the enactment of this Act.

This bill amends the Internal Revenue Code, with respect to the requirements for tax-exempt bonds, to reinstate the exclusion from gross income for interest on certain bonds issued to advance refund another bond. The exclusion was repealed for bonds issued after 2017. (A refunding bond is a bond used to pay principal, interest, or the redemption price on a prior bond issue. An advance refunding bond is issued more than 90 days before the redemption of the refunded bond.)

To amend the Internal Revenue Code of 1986 to reinstate advance refunding bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Work Force Stability and Protection Act''. SEC. 2. CONSIDERATIONS IN THE APPROVAL OF H-2A PETITIONS. Section 218(a) (8 U.S.C. 1188(a)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) In considering an employer's petition for admission of H-2A aliens, the Attorney General shall consider the certification decision of the Secretary of Labor and shall consider any countervailing evidence submitted by the employer with respect to the nonavailability of United States workers and the employer's compliance with the requirements of this section, and may consult with the Secretary of Agriculture.''. SEC. 3. CONDITION FOR DENIAL OF LABOR CERTIFICATION. Section 218(b)(4) (8 U.S.C. 1188(b)(4)) of the Immigration and Nationality Act is amended to read as follows: ``(4) Determination by the secretary.--The Secretary determines that the employer has not filed a job offer for the position to be filled by the alien with the appropriate local office of the State employment security agency having jurisdiction over the area of intended employment, or with the State office of such an agency if the alien will be employed in an area within the jurisdiction of more than one local office of such an agency, which meets the criteria of paragraph (5). ``(5) Required terms and conditions of employment.--The Secretary determines that the employer's job offer does not meet one or more of the following criteria: ``(A) Required rate of pay.--The employer has offered to pay H-2A aliens and all other workers in the occupation in the area of intended employment an adverse effect wage rate of not less than the median rate of pay for similarly employed workers in the area of intended employment. ``(B) Provision of housing.-- ``(i) In general.--The employer has offered to provide housing to H-2A aliens and those workers not reasonably able to return to their residence within the same day, without charge to the worker. The employer may, at the employer's option, provide housing meeting applicable Federal standards for temporary labor camps, or provide rental or public accommodation type housing which meets applicable local or state standards for such housing. ``(ii) Housing allowance as alternative.-- In lieu of offering the housing required in clause (i), the employer may provide a reasonable housing allowance to workers not reasonably able to return to their place of residence within the same day, but only if the Secretary determines that housing is reasonably available within the approximate area of employment. An employer who offers a housing allowance pursuant to this subparagraph shall not be deemed to be a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1823) merely by virtue of providing such housing allowance. ``(iii) Special housing standards for short duration employment.-- The Secretary shall promulgate special regulations permitting the provision of short-term temporary housing for workers employed in occupations in which employment is expected to last 40 days or less. ``(iv) Transitional period for provision of special housing standards in other employment.--For a period of five years after the date of enactment of this section, the Secretary shall approve the provision of housing meeting the standards described in clause (iii) in occupations expected to last longer than 40 days in areas where available housing meeting the criteria described in subparagraph (i) is found to be insufficient. ``(v) Preemption of state and local standards.--The standards described in clauses (ii) and (iii) shall preempt any State and local standards governing the provision of temporary housing to agricultural workers. ``(C) Reimbursement of transportation costs.--The employer has offered to reimburse H-2A aliens and workers recruited from beyond normal commuting distance the most economical common carrier transportation charge and reasonable subsistence from the place from which the worker comes to work for the employer, (but not more than the most economical common carrier transportation charge from the worker's normal place of residence) if the worker completes 50 percent of the anticipated period of employment. If the worker recruited from beyond normal commuting distance completes the period of employment, the employer will provide or pay for the worker's transportation and reasonable subsistence to the worker's next place of employment, or to the worker's normal place of residence, whichever is less. ``(D) Guarantee of employment.--The employer has offered to guarantee the worker employment for at least three-fourths of the workdays of the employer's actual period of employment in the occupation. Workers who abandon their employment or are terminated for cause shall forfeit this guarantee. ``(6) Preference for united states workers.--The employer has not assured on the application that the employer will provide employment to all qualified United States workers who apply to the employer and assure that they will be available at the time and place needed until the time the employer's foreign workers depart for the employer's place of employment (but not sooner than 5 days before the date workers are needed), and will give preference in employment to United States workers who are immediately available to fill job opportunities that become available after the date work in the occupation begins.''. SEC. 4. SPECIAL RULES APPLICABLE TO THE ISSUANCE OF LABOR CERTIFICATIONS. Section 218(c) (8 U.S.C. 1188(c)) of the Immigration and Nationality Act is amended to read as follows: ``(c) Special Rules Applicable to the Issuance of Labor Certifications.--The following rules shall apply to the issuance of labor certifications by the Secretary under this section: ``(1) Deadline for filing applications.--The Secretary may not require that the application be filed more than 40 days before the first date the employer requires the labor or services of the H-2A worker. ``(2) Notice within seven days of deficiencies.-- ``(A) The employer shall be notified in writing within seven calendar days of the date of filing, if the application does not meet the criteria described in subsection (b) for approval. ``(B) If the application does not meet such criteria, the notice shall specify the specific deficiencies of the application and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ``(3) Issuance of certification.-- ``(A) The Secretary shall provide to the employer, not later than 20 days before the date such labor or services are first required to be performed, the certification described in subsection (a)(1)-- ``(i) with respect to paragraph (a)(1)(A) if the employer's application meets the criteria described in subsection (b), or a statement of the specific reasons why such certification cannot be made, and ``(ii) with respect to subsection (a)(1)(B), to the extent that the employer does not actually have, or has not been provided with the names, addresses and Social Security numbers of workers referred to the employer who are able, willing and qualified and have indicated they will be available at the time and place needed to perform such labor or services on the terms and conditions of the job offer approved by the Secretary. For each worker referred, the Secretary shall also provide the employer with information sufficient to permit the employer to contact the referred worker for the purpose of reconfirming the worker's availability for work at the time and place needed. ``(B) If, at the time the Secretary determines that the employer's job offer meets the criteria described in subsection (b) there are already unfilled job opportunities in the occupation and area of intended employment for which the employer is seeking workers, the Secretary shall provide the certification at the same time the Secretary approves the employer's job offer.''. SEC. 5. EXPEDITED APPEALS OF CERTAIN DETERMINATIONS. Section 218(e) (8 U.S.C 1188(e)) of the Immigration and Nationality Act is amended to read as follows: ``(e) Expedited Appeals of Certain Determinations.--The Secretary shall provide by regulation for an expedited procedure for the review of the nonapproval of an employer's job offer pursuant to subsection (c)(2) and of the denial of certification in whole or in part pursuant to subsection (c)(3) or, at the applicant's request, a de novo administrative hearing respecting the nonapproval or denial.''. SEC. 6. PROCEDURES FOR THE CONSIDERATION OF H-2A PETITIONS. Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended-- (1) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (2) by adding the following after subsection (e): ``(f) Procedures for the Consideration of H-2A Petitions.--The following procedures shall apply to the consideration of petitions by the Attorney General under this section: ``(1) Expedited processing of petitions.--The Attorney General shall provide an expedited procedure for the adjudication of petitions filed under this section, and the notification of visa-issuing consulates where aliens seeking admission under this section will apply for visas and/or ports of entry where aliens will seek admission under this section within 15 calendar days from the date such petition is filed by the employer. ``(2) Expedited amendments to petitions.--The Attorney General shall provide an expedited procedure for the amendment of petitions to increase the number of workers on or after five days before the employers date of need for the labor or services involved in the petition to replace referred workers whose continued availability for work at the time and place needed under the terms of the approved job offer can not be confirmed and to replace referred workers who fail to report for work on the date of need and replace referred workers who abandon their employment or are terminated for cause, and for which replacement workers are not immediately available pursuant to subsection (b)(6).''. SEC. 7. LIMITATION ON EMPLOYER LIABILITY. Section 218(g) (8 U.S.C. 1188(g)) of the Immigration and Nationality Act is amended-- (1) by redesignating paragraph (2) as paragraph (2)(A); and (2) by inserting after paragraph (2)(A) the following: ``(B) No employer shall be subject to any liability or punishment on the basis of an employment action or practice by such employer that conforms with the terms and conditions of a job offer approved by the Secretary pursuant to this section, unless and until the employer has been notified that such certification has been amended or invalidated by a final order of the Secretary or of a court of competent jurisdiction.''. SEC. 8. LIMITATION ON JUDICIAL REMEDIES. Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end thereof the following: ``(3) No court of the United States shall have jurisdiction to issue any restraining order or temporary or permanent injunction preventing or delaying the issuance by the Secretary of a certification pursuant to this section, or the approval by the Attorney General of a petition to import an alien as an H- 2A worker, or the actual importation of any such alien as an H- 2A worker following such approval by the Attorney General.''.

Agricultural Work Force Stability and Protection Act - Amends the Immigration and Nationality Act with respect to the admission of temporary agricultural (H-2A visa) workers and related labor certification provisions.

Agricultural Work Force Stability and Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Deficit Reduction Act''. SEC. 2. FINDINGS. The Senate finds the following: (1) At a time when our Nation has a $14.2 trillion national debt and a $1.6 trillion annual deficit, moving aggressively toward deficit reduction means that we must include not only well-targeted budget cuts, but revenue raised in a fair and economically just way. Questions every Member of Congress should be asking are the following: (A) Do we ask the highest paid executives on Wall Street to give up a $1 million a year tax break, or do we ask senior citizens to go cold in the winter by cutting the Low Income Home Energy Assistance Program? (B) Do we ask Exxon Mobil and other big oil companies to give up their tax breaks, or do we ask over 9 million college students to go further into debt by cutting Pell Grants by $5.7 billion? (C) Do we stop cutting taxes for the richest 400 American families, who earned an average of $345 million in 2007, or do we delay Social Security benefits to 500,000 Americans by a $1.7 billion cut in the Social Security Administration? (D) Do we establish an emergency deficit reduction surtax on millionaires and billionaires, or do we deny over 200,000 little children the opportunity to enroll in Head Start by cutting this program by $1.1 billion? (E) Do we finally tax hedge fund managers who make at least $1 billion at a higher rate than police officers, teachers, firefighters, and nurses, or will 11 million Americans be denied access to quality primary healthcare by a $1.3 billion cut in community health centers? (2) At a time when the wealthiest people in this country are doing phenomenally well, when the effective Federal tax rates for the richest Americans are the lowest on record, and when the top 2 percent of taxpayers have received hundreds of billions of dollars in tax breaks in recent years, it would be morally wrong for the United States Congress to move towards a balanced budget on the backs of the middle class, the elderly, the sick, and the most vulnerable people in our society while asking nothing of the highest income earners and most profitable corporations. (3) Creating an emergency deficit reduction surtax on income over $1 million will reduce the deficit in a fair and economically just way by increasing revenue from those who can afford it the most. (4) From 2000 to 2010, the 5 largest oil companies in the United States made nearly $1 trillion in profits, yet some of them paid nothing in Federal income taxes in recent years. Ending outdated and unnecessary tax credits, deductions, and subsidies for big oil companies is a fair and economically just way to raise revenue and reduce the deficit. (5) In the midst of the worst recession since the Great Depression, America's middle class and working families have already paid a very heavy price in terms of lost jobs, lost homes, lost wages, and lost opportunity. The time has come to ask the wealthiest in our society and the most profitable corporations in America to help our Nation address its deficit crisis. Any deficit reduction package must include raising revenue from the wealthy and eliminating tax breaks for big oil companies. SEC. 3. EMERGENCY DEFICIT REDUCTION SURCHARGE ON HIGH INCOME INDIVIDUALS. (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 VIII--EMERGENCY DEFICIT REDUCTION SURCHARGE ON HIGH INCOME INDIVIDUALS ``Sec. 59B. Emergency deficit reduction surcharge on high income individuals. ``SEC. 59B. EMERGENCY DEFICIT REDUCTION SURCHARGE ON HIGH INCOME INDIVIDUALS. ``(a) General Rule.--In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5.4 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $1,000,000 ($2,000,000 in the case of any taxpayer making a joint return under section 6013). ``(b) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). ``(c) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) 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 or for purposes of section 55.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``part viii. emergency deficit reduction surcharge on high income individuals.''. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010. SEC. 4. REPEAL OF EXPENSING AND 60-MONTH AMORTIZATION OF INTANGIBLE DRILLING COSTS. Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by striking the period at the end of the third sentence and inserting ``, or to any costs paid or incurred after December 31, 2010.''. SEC. 5. REPEAL OF PERCENTAGE DEPLETION FOR OIL AND GAS WELLS. (a) In General.--Section 613 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination of Percentage Depletion for Oil and Gas Properties.--In the case of oil and gas properties, this section shall not apply to any taxable year beginning after December 31, 2010.''. (b) Limitations on Percentage Depletion in Case of Oil and Gas Wells.--Section 613A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to any taxable year beginning after December 31, 2010.''. SEC. 6. DENIAL OF DEDUCTION FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) In General.--Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, or'', and by inserting after clause (iii) the following new clause: ``(iv) the production, refining, processing, transportation, or distribution of oil, natural gas, or any primary product thereof.''. (b) Primary Product.--Section 199(c)(4)(B) of the Internal Revenue Code of 1986 is amended by adding at the end the following flush sentence: ``For purposes of clause (iv), the term `primary product' has the same meaning as when used in section 927(a)(2)(C), as in effect before its repeal.''. (c) Conforming Amendments.-- (1) Section 199(c)(4) of the Internal Revenue Code of 1986 is amended-- (A) in subparagraph (A)(i)(III) by striking ``electricity, natural gas,'' and inserting ``electricity'', and (B) in subparagraph (B)(ii) by striking ``electricity, natural gas,'' and inserting ``electricity''. (2) Section 199(d) of such Code is amended by striking paragraph (9) and by redesignating paragraph (10) as paragraph (9). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

Emergency Deficit Reduction Act - Amends the Internal Revenue Code to: (1) impose an additional 5.4% tax on individual taxpayers whose modified adjusted gross income exceeds $1 million ($2 million in the case of a joint return); (2) repeal the amortization of intangible and drilling and development costs for oil, gas, and geothermal wells; (3) repeal the percentage depletion allowance for oil and gas wells; and (4) deny a tax deduction for income attributable to the domestic production of oil, natural gas, or primary products thereof.

A bill to reduce the Federal budget deficit by creating a surtax on high income individuals and eliminating big oil and gas company tax loopholes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Liberty Coinage and Deficit Reduction Act of 2013''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The 50 State Quarters Program showed that a circulating commemorative coinage program that incorporates recurring design change dramatically increases seigniorage--the profit realized by the Mint from the amount that the face value of coins produced by the Mint exceeds the costs of production and distribution. (2) Pursuant to the President's 1967 Commission on Budget Concepts, seigniorage proceeds are used to reduce the amount the government would otherwise borrow from the public to finance the budget deficit. Thus, programs that increase seigniorage provide a means to reduce the budget deficit without increasing taxes or cutting spending. (3) During the 10 years of the 50 State Quarters Program, the cumulative production of quarter dollars exceeded 34,000,000,000, representing a 136 percent increase in quarter dollar production as compared to the cumulative 10-year period immediately preceding the program. This enhanced production level of quarter dollars resulted in increased seigniorage revenues of approximately $3,000,000,000 and, therefore, an equal reduction in the budget deficit. (4) The Mint has estimated that 147,000,000 Americans became collectors of 50 State quarters, demonstrating that the demand for circulating coins--for purposes beyond the needs of commerce--increases significantly when frequent and systematic design changes are made through a multiyear commemorative design series. (5) Similar to the collector interest and resulting seigniorage generated by the 50 State Quarters Program, the Westward Journey Nickel Program, which issued a series of 5- cent coins between 2004 and 2006 bearing new obverse and reverse designs commemorating the 200th anniversary of the Lewis and Clark Expedition and honoring President Thomas Jefferson, saw average annual nickel production increase by 593,200,000 units as compared to nickel production during the 2 years immediately preceding the program and the 2 years immediately following it. (6) From the early 1790s through the early to mid 20th century, allegorical depictions of ``Liberty'' dominated the designs of circulating United States coins. Coinage from this time period served as a constant reminder to Americans and the world of a defining and distinctive value of American life and culture--Liberty. These coins also provided some of the most inspiring, uplifting, and beautiful coin designs ever created. In numismatics, ``Liberty'' themed coins are among the most sought after collectibles. (7) Given the potential that a new series of ``Liberty'' coins would be highly collectible, if produced, such a program would likely provide the means through which to significantly increase seigniorage thereby reducing budget deficits. (8) A new ``Liberty'' themed coinage series would allow the Nation to continue to honor the past presidents currently depicted on United States coins by providing for the continued and concurrent production and distribution of such coins annually along with the new ``Liberty'' coins. (9) A new ``Liberty'' themed coinage series would revitalize the design of United States coinage and return circulating coinage to its position as not only a necessary means of exchange in commerce but also as an object of aesthetic beauty and symbol of core American values. (10) In order to increase the seigniorage produced by the United States Mint thereby reducing deficits to be financed by the United States it is appropriate to introduce a new series of circulating commemorative ``Liberty'' themed coins that would alternate annually between the dime and quarter dollar as 1-year issues. Additionally, introduction of a new ``Liberty'' themed half dollar produced for noncirculating numismatic purposes would further enhance seigniorage. (11) Beginning in 2015, the Act provides for the introduction of a 1-year circulating commemorative ``Liberty'' themed dime that would be produced and distributed concurrently with the existing dime depicting the image of President Franklin D. Roosevelt. After 2015, the image of President Roosevelt would continue to be utilized on the standard issue circulating dime. Subsequently, in 2016, the Act provides for the introduction of a 1-year circulating commemorative ``Liberty'' themed quarter dollar that would be produced and distributed concurrently with the existing quarter dollar depicting the image of President George Washington. The Washington design would continue to be used in future years. In 2017, the process would begin again with the introduction of a new 1-year ``Liberty'' themed dime, bearing a new ``Liberty'' design that would be co-issued alongside the regular issue Roosevelt Dime. In 2018, a new 1-year ``Liberty'' themed quarter would be co-issued and the process would continue on a perpetual basis into future years. (12) Sequencing a new ``Liberty'' design each year is an important aspect of the program designed to continually renew collector interest and, therefore, promote demand for the coins in a manner to maximize seigniorage realized by the United States Mint. (13) A ``Liberty'' themed program would also include a new ``Liberty'' half dollar bearing a design to be utilized for a 10-year term, to be issued as an ongoing annual noncirculating numismatic collector's series. The ``Liberty'' half dollar would be issued along with the noncirculating Kennedy half dollar. At the end of each 10-year term, a new ``Liberty'' design would be implemented with designs continuing thereafter in a recurring 10-year cycle. (14) Providing collectors with a new ``Liberty'' half dollar series will provide an increase in the Mint's numismatic profits and bolster the objectives of the program to annually reduce budget deficits. (15) A series of circulating commemorative ``Liberty'' themed coins will provide a new platform for the advancement of American medallic art through a medium where Americans commonly encounter public art--the Nation's pocket change. SEC. 3. AMERICAN LIBERTY COIN PROGRAM. (a) Program Contingent on Deficit Reduction.-- (1) Determination.--The Secretary of the Treasury shall carry out a study on the estimated effect of the amendment made by subsection (b) on the Federal budget deficit over the 10- year period beginning on January 1, 2015. (2) Report.--Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Secretary shall issue a report to the Congress containing the estimate determined under paragraph (1) and an explanation of how such estimate was calculated. (3) Effective date.--The amendment made by subsection (b) shall take effect on the earlier of-- (A) the date that the report is issued under paragraph (2), if the Secretary determines in such report that the effect on the Federal budget deficit over the 10-year period beginning on January 1, 2015, will lead to a reduction in the deficit over such period of $100,000,000 or more; and (B) the end of the 91-day period beginning on the date of the enactment of this Act, if the Secretary fails to make the report under paragraph (2) within the required 90-day period. (b) Program.--Section 5112 of title 31, United States Code, is amended by adding at the end the following: ``(w) Issuance of Circulating Dime and Quarter Dollar Coins and Numismatic Half Dollar Coins Commemorating and Celebrating American Liberty, `the Union', and the American Values and Attributes of Freedom, Independence, Civil Governance, Enlightenment, Peace, Strength, Equality, Democracy, and Justice.-- ``(1) Dime coins.-- ``(A) In general.--The Secretary shall mint and issue dime coins in calendar year 2015, and every second year thereafter, that-- ``(i) have obverse designs that are emblematic and allegoric of the concept of `American Liberty'; and ``(ii) have reverse designs that-- ``(I) depict an American bald eagle; ``(II) depict a fasces emblematic of civil governance; ``(III) depict the torch of knowledge; ``(IV) are emblematic and allegoric of `The Union'; or ``(V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. ``(B) Quantity of issuance.--With respect to a calendar year in which dime coins are issued pursuant to subparagraph (A), the Secretary shall ensure that, of the total number of dime coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of dime coins issued pursuant to subparagraph (A). ``(2) Quarter dollar coins.-- ``(A) In general.--The Secretary shall mint and issue quarter dollar coins in calendar year 2016, and every second year thereafter, that-- ``(i) have obverse designs that are emblematic and allegoric of the concept of `American Liberty'; and ``(ii) have reverse designs that-- ``(I) depict an American bald eagle; ``(II) depict a fasces emblematic of civil governance; ``(III) depict the torch of knowledge; ``(IV) are emblematic and allegoric of `The Union'; or ``(V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. ``(B) Quantity of issuance.--With respect to a calendar year in which quarter dollar coins are issued pursuant to subparagraph (A), the Secretary shall ensure that, of the total number of quarter dollar coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of quarter dollar coins issued pursuant to subparagraph (A). ``(3) Half dollar coins.-- ``(A) In general.--The Secretary shall mint and issue half dollar coins in calendar year 2015, and every year thereafter, with designs that shall be changed every 10 years, that-- ``(i) have obverse designs that are emblematic and allegoric of the concept of `American Liberty'; and ``(ii) have reverse designs that-- ``(I) depict an American bald eagle; ``(II) depict a fasces emblematic of civil governance; ``(III) depict the torch of knowledge; ``(IV) are emblematic and allegoric of `The Union'; or ``(V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. ``(B) Consideration of liberty mini dollar.--The 1977 Liberty mini dollar design prepared by former United States Chief Sculptor and Engraver Frank Gasparro shall be considered along with other potential designs for half dollar coins issued under this paragraph. ``(C) Quantity of issuance.--With respect to a calendar year, the Secretary shall ensure that, of the total number of half dollar coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of half dollar coins issued pursuant to subparagraph (A). ``(4) Design requirements.--The coins issued in accordance with paragraphs (1), (2), and (3) shall meet the following design requirements: ``(A) Coin obverse.--The design on the obverse shall-- ``(i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; ``(ii) contain the inscriptions `Liberty' and `In God We Trust'; and ``(iii) contain the inscription of the year of minting and issuance of the coin. ``(B) Coin reverse.--The design on the reverse shall-- ``(i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; ``(ii) contain the inscription `United States of America' and `E Pluribus Unum'; and ``(iii) contain a designation of the value of the coin. ``(C) Selection and approval process.--Designs for coins issued pursuant to this subsection may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(D) Participation.--The Secretary may include participation by artists from the States and engravers of the United States Mint. ``(5) Issuance of numismatic coins.--The Secretary may mint and issue such number of coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. To assure availability of dimes and quarter dollars minted and issued under this subsection in uncirculated qualities for numismatic purposes, a portion of any such coins shall be offered in rolls and bags at face value plus issuance costs. ``(6) Silver coins.-- ``(A) In general.--Notwithstanding subsection (b), the Secretary may mint and issue such number of dimes, quarter dollar coins, and half dollar coins of each design selected under this subsection as the Secretary determines to be appropriate, with a content of .999 fine silver. ``(B) Sources of bullion.--The Secretary shall obtain silver for minting coins under this paragraph from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act.''.

American Liberty Coinage and Deficit Reduction Act of 2013 - Directs the Secretary of the Treasury to study the estimated effect of coinage under this Act on the federal budget deficit over the 10-year period beginning on January 1, 2015. Directs the Secretary, if the study estimates a deficit reduction of $100 million or more, to mint and issue in calendar 2015 and every second ensuing year dime and numismatic half dollar coins, and in calendar 2016 and every second ensuing year quarter dollar coins, meeting specified criteria that commemorate and celebrate American liberty, "the Union," and the American values and attributes of freedom, independence, civil governance, enlightenment, peace, strength, equality, democracy, and justice. Authorizes the Secretary to mint and issue such coins with a content of .999 fine silver obtained from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act.

American Liberty Coinage and Deficit Reduction Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Fuels and Vehicles Act of 2007''. SEC. 2. FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS; GREENHOUSE GAS EMISSION REDUCTIONS. Title II of the Clean Air Act (42 U.S.C. 7581 et seq.) is amended by adding at the end the following: ``PART D--FUEL WITH LOW LIFECYCLE GREENHOUSE GAS EMISSIONS; GREENHOUSE GAS EMISSION REDUCTIONS ``SEC. 251. DEFINITIONS. ``In this part: ``(1) Greenhouse gas.--The term `greenhouse gas' means-- ``(A) carbon dioxide; ``(B) methane; ``(C) nitrous oxide; ``(D) hydrofluorocarbons; ``(E) perfluorocarbons; and ``(F) sulfur hexafluoride. ``(2) Lifecycle greenhouse gas emissions.--The term `lifecycle greenhouse gas emissions' means the aggregate quantity of greenhouse gases emitted per unit of fuel from production to use (including feedstock production or extraction and distribution). ``(3) Major oil company.--The term `major oil company' has the meaning given the term in section 105(b) of the Energy Policy and Conservation Act (42 U.S.C. 6213(b)). ``(4) Motor vehicle.--The term `motor vehicle' has the meaning given the term in section 216. ``SEC. 252. GREENHOUSE GAS EMISSION REDUCTIONS FROM FUELS AVAILABLE FOR MOTOR VEHICLES. ``(a) Determination Process; Fuel Emissions Baseline.-- ``(1) In general.--Not later than January 1, 2010, the Administrator shall, by regulation-- ``(A) establish a determination process for use in determining the lifecycle greenhouse gas emissions of a fuel; and ``(B) based on the aggregate quantity and variety of fuels available for motor vehicles used in the United States during calendar year 2007, determine the average quantity of lifecycle greenhouse gas emissions per unit of energy delivered to a motor vehicle (referred to in this section as the `fuel emissions baseline'). ``(2) Considerations.--For purposes of determining the lifecycle greenhouse gas emissions of a fuel under paragraph (1), the Administrator shall consider-- ``(A) greenhouse gas emissions resulting from-- ``(i) production, extraction, distribution, transportation, and end use of the fuel; ``(ii) issues relating to the end use efficiency of the fuel; ``(iii) changes in land use and land cover resulting from an activity described in clause (i) with respect to the fuel; and ``(iv) net climate impacts affecting the energy and agricultural sectors resulting from an activity described in clause (i) with respect to the fuel; and ``(B) any other appropriate matters, as determined by the Administrator. ``(3) Requirements.--The Administrator shall include in regulations promulgated to carry out paragraph (1) procedures by which the Administrator shall-- ``(A) determine the lifecycle greenhouse gas emissions of a fuel and the fuel emissions baseline; ``(B) make each determination described in subparagraph (A), and information used in making the determinations, available to consumers; ``(C) label fuels with low lifecycle greenhouse gas emissions; and ``(D) provide information about adverse impacts of the fuel on-- ``(i) land use and land cover; ``(ii) water, soil, and air quality; and ``(iii) public health. ``(b) Subsequent Average Lifecycle Greenhouse Gas Emissions.--Not later than June 1, 2013, and annually thereafter, based on the aggregate quantity and variety of fuel available for motor vehicles used in the United States during the preceding calendar year, the Administrator shall determine, in accordance with the regulations promulgated under subsection (a), the average quantity of lifecycle greenhouse gas emissions per unit of energy delivered to a motor vehicle through the use of a unit of fuel for motor vehicles for the preceding calendar year. ``(c) Required Reductions in Lifecycle Greenhouse Gas Emissions.-- ``(1) Regulations.--The Administrator shall promulgate regulations to establish a credit trading program to address the lifecycle greenhouse gas emissions from fuels available for use in motor vehicles. ``(2) Required emission reductions.--The Administrator shall, by regulation, require each major oil company, refiner, or fuel importer that produces, sells, or introduces gasoline or other fuels available for use in motor vehicles into commerce in the United States to reduce the average lifecycle greenhouse gas emissions per unit of energy delivered to a motor vehicle through fuel to a level that is-- ``(A) for calendar year 2015, 3 percent below the fuel emissions baseline; and ``(B) not later than every fifth calendar year thereafter, 3 percent below the average quantity of lifecycle greenhouse gas emissions per unit of energy delivered to a vehicle allowed pursuant to this section during the required fuel emissions level for the preceding calendar year, as determined by the Administrator under subsection (b). ``(3) Use of credits.-- ``(A) In general.--For the purpose of complying with the required reductions in lifecycle greenhouse gas emissions under this section, each major oil company, fuel refiner, or fuel importer shall demonstrate, on an annual basis, that the fuel mix provided to the market by the company, refiner, or importer meets the lifecycle greenhouse gas emission level specified in subparagraphs (A) and (B) of paragraph (2), including if necessary, by using credits previously banked or purchased. ``(B) Credits for additional reductions.--The regulations promulgated to carry out this section shall permit a provider of a fuel that achieves a greater reduction in lifecycle greenhouse gas emissions than is required under subparagraph (A) or (B) of paragraph (2) for a particular compliance period to generate credits, based on-- ``(i) the quantity of fuel provided; and ``(ii) the difference between-- ``(I) the greater reduction in lifecycle greenhouse gas emissions of the fuel under subparagraph (A) or (B) of paragraph (2); and ``(II) the minimum required reduction in lifecycle greenhouse gas emissions of the fuel under that subparagraph. ``(d) Statement of Congressional Intent.--It is the intent of Congress that, through implementation of this section-- ``(1) an incentive will be created for the use, in lieu of gasoline, of fuels having lower lifecycle greenhouse gas emissions; and ``(2) fuels with the lowest lifecycle greenhouse gas emissions will continue over time-- ``(A) to be improved; ``(B) to become widely-available and competitive in the marketplace; and ``(C) to contribute to an overall reduction in greenhouse gas emissions. ``SEC. 253. GREENHOUSE GAS EMISSION REDUCTIONS FROM AUTOMOBILES. ``(a) Vehicle Emissions Baseline.--Not later than January 1, 2009, based on the aggregate quantity and variety of new automobiles sold in the United States during model year 2002 and the average greenhouse gas emissions from those new automobiles, the Administrator shall determine the average quantity of greenhouse gas emissions per vehicle mile (referred to in this section as the `new vehicle emissions baseline'). ``(b) Subsequent Average Emissions From New Automobiles.--Not later than June 1, 2015, and annually thereafter, based on the aggregate quantity and variety of new automobiles sold in the United States during the preceding model year and the average greenhouse gas emissions from those new automobiles during the preceding model year, the Administrator shall determine the average quantity of greenhouse gas emissions per vehicle mile for the model year. ``(c) Required Reductions in Greenhouse Gas Emissions From Automobiles.-- ``(1) In general.--The Administrator shall, by regulation, require each manufacturer of automobiles for sale in the United States to reduce the average quantity of greenhouse gas emissions per vehicle mile of the aggregate quantity and variety of automobiles manufactured by the manufacturer to a level that is-- ``(A) for automobiles manufactured in model year 2016, 30 percent less than the new vehicle emissions baseline; and ``(B) not later than every fifth model year thereafter, such percent as shall be specified by the Administrator that is less than the average quantity of greenhouse gas emissions per vehicle mile required for the model year preceding that fifth model year, as determined by the Administrator under subsection (b).''. SEC. 3. OPTIMIZED DUAL FUELED VEHICLES. (a) Optimized Dual Fueled Automobiles.--Section 32901(a) of title 49, United States Code, is amended-- (1) by striking paragraph (2) and inserting the following: ``(2) `alternative fueled automobile' means an automobile that is-- ``(A) a dedicated automobile; ``(B) a dual fueled automobile; or ``(C) an optimized dual fueled automobile.''; and (2) by adding at the end the following: ``(17) `optimized dual fueled automobile' means an automobile that-- ``(A) is capable of operating on alternative fuel and on gasoline or diesel fuel; ``(B) can satisfactorily operate throughout a Federal testing procedure exclusively on alternative fuel, when fueled with the maximum alternative fuel capacity, as determined by the Administrator of the Environmental Protection Agency; and ``(C) when operated on alternative fuel, achieves an average fuel economy that is not less than 20 percent greater, on a gallon of gasoline-equivalent energy basis, than the fuel economy of the same automobile operated on gasoline or diesel fuel.''. (b) Fuel Economy Calculation for Optimized Dual Fuel Automobiles.-- Section 32905 of title 49, United States Code, is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking ``title, for any'' and inserting ``title-- ``(1) for any''; (C) in paragraph (1)(B) (as designated and redesignated by subparagraphs (A) and (B)), by striking ``fuel.'' and inserting ``fuel; and''; and (D) by adding at the end the following: ``(2) for any model of dual fueled automobile manufactured by a manufacturer in any of model years 2011 through 2015, the Administrator of the Environmental Protection Agency shall measure the fuel economy for that model by dividing 1.0 by the sum obtained by adding-- ``(A) for optimized dual fueled automobiles, the sum obtained by adding-- ``(i) .5 divided by the fuel economy measured under section 32904(c), when operating the model on gasoline and diesel fuel; and ``(ii) .5 divided by the fuel economy measured under subsection (a), when operating the model on alternative fuel; and ``(B) for dual fueled automobiles other than optimized dual fueled automobiles, values that reflect the actual use of gasoline and diesel fuel relative to alternative fuel in the models based on a determination made by the Administrator, taking into account alternative fuel sales and total number of models of dual fueled vehicles other than optimized dual fueled automobiles.''; and (2) by striking subsection (f). (c) Year Modification.--Section 32906(a) of title 49, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``(1)(A) For'' and inserting ``(1) For''; (B) by striking ``2010'' and inserting ``2015''; and (C) by striking subparagraph (B); and (2) in paragraph (2), by striking ``described--'' and all that follows through subparagraph (B) and inserting ``described in paragraph (1) is more than 1.2 miles per gallon, the limitation in that paragraph shall apply.''. (d) Increasing Consumer Awareness of Alternative Fuel Vehicles.-- Section 32908 of title 49, United States Code, is amended by adding at the end the following: ``(g) Increasing Consumer Awareness of Flexible Fuel Vehicles.--The Secretary of Transportation shall promulgate regulations that-- ``(1) require each manufacturer that manufactures alternative fuel vehicles that run on fuels with low lifecycle greenhouse gas emissions to install a green-colored fuel cap on each alternative fuel vehicle to distinguish the vehicle from vehicles that do not use low lifecycle greenhouse gas-emitting alternative fuels; and ``(2) prohibit a manufacturer from installing a green- colored fuel cap on an automobile manufactured by the manufacturer that does not run on a low lifecycle greenhouse gas-emitting alternative fuel.''.

Clean Fuels and Vehicles Act of 2007 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a process for determining the lifecycle greenhouse gas (GHG) emissions of a fuel; and (2) determine the average quantity of lifecycle GHG emissions per unit of energy delivered to a motor vehicle, or the fuel emission baseline. Requires the Administrator to include in regulations procedures by which the Administrator shall: (1) determine the lifecycle GHG emissions of a fuel and the fuel emissions baseline; (2) make such determinations and related information available to consumers; (3) label fuels with low lifecycle GHG emissions; and (4) provide information about adverse impacts of the fuel on land use and land cover, water, soil, and air quality, and public health. Directs the Administrator to: (1) establish a credit trading program to address the lifecycle GHG emissions from fuels available for use in motor vehicles; and (2) require each major oil company, refiner, or fuel importer that produces or sells fuels available for use in motor vehicles to reduce the average lifecycle GHG emissions per unit of energy delivered to a motor vehicle through fuel to specified levels. Permits a provider of a fuel that achieves a greater than required reduction in lifecycle GHG emissions to generate credits. Directs the Administrator to: (1) determine the average quantity of GHG emissions per mile for new vehicles; and (2) require each automobile manufacturer to reduce the average quantity of GHG emissions per vehicle mile of the aggregate quantity and variety of automobiles to specified levels. Redefines the term "alternative fueled automobile" to mean an automobile that is a dedicated, dual fueled, or optimized dual fueled automobile. Specifies a formula the Administrator shall use to measure the fuel economy for any model of dual fueled automobile manufactured in model years 2001-2015. Extends through model years up to 2015 the maximum increase in average fuel economy for a manufacturer attributable to dual fueled automobiles of 1.2 miles a gallon. Requires the Secretary of Transportation to: (1) require each manufacturer of alternative fuel vehicles that run on fuels with low lifecycle GHG emissions to install a green fuel cap on such vehicles; and (2) prohibit a manufacturer from installing a green cap on an automobile that does not run on such fuel.

A bill to amend the Clean Air Act to promote the use of fuels with low lifecycle greenhouse gas emissions, to establish a greenhouse gas performance standard for motor vehicle fuels, to require a significant decrease in greenhouse gas emissions from motor vehicles, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Enhancement Act of 1993''. TITLE I--INCREMENTAL INVESTMENT TAX CREDIT FOR PRODUCTIVE PROPERTY SEC. 101. INCREMENTAL INVESTMENT CREDIT. (a) Allowance of Credit.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(4) in the case of a small business (as defined in section 48(c)), the general investment credit.'' (b) Amount of Credit.--Section 48 of such Code is amended by adding at the end thereof the following new subsection: ``(c) General Investment Credit.-- ``(1) In general.--For purposes of section 46, in the case of a small business, the general investment credit for any taxable year is an amount equal to 10 percent of the excess (if any) of-- ``(A) the qualified investment for such taxable year, over ``(B) the qualified investment for the taxable year which begins in 1991 or 1992, whichever is selected by the taxpayer. The selection under subparagraph (B), once made, shall be irrevocable. ``(2) Small business.--For purposes of this subsection, the term `small business' means any taxpayer actively engaged in a trade or business if the average number of individuals employed by the taxpayer during the taxable year is less than 500. ``(3) Qualified investment.-- ``(A) In general.--For purposes of paragraph (1), the qualified investment for any taxable year is the aggregate of-- ``(i) the applicable percentage of the basis of each new productive property placed in service by the taxpayer during such taxable year, plus ``(ii) the applicable percentage of the cost of each used productive property placed in service by the taxpayer during such taxable year. ``(B) Applicable percentage.--For purposes of subparagraph (A), the applicable percentage for any property shall be determined under paragraphs (2) and (7) of section 46(c) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). ``(C) Certain rules made applicable.--The provisions of subsections (b) and (c) of section 48 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this paragraph. ``(4) Productive property.--For purposes of this subsection, the term `productive property' means any tangible property to which section 168 applies (not including a building and its structural components)-- ``(A) which is used as an integral part of manufacturing, production, or extraction, or ``(B) which is a motor vehicle. ``(5) Coordination with other credits.--This subsection shall not apply to any property to which the energy credit or rehabilitation credit would apply unless the taxpayer elects to waive the application of such credits to such property. ``(6) Certain progress expenditure rules made applicable.-- Rules similar to rules of subsection (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(7) Special rules.-- ``(A) Controlled groups.--For purposes of this subsection-- ``(i) all taxpayers treated as a single employer under subsection (a) or (b) of section 52 shall be treated as a single taxpayer, and ``(ii) the credit (if any) determined under this subsection with respect to each such taxpayer shall be its proportionate share of the basis of the productive property giving rise to such credit. ``(B) Allocation of basis adjustment.--The reduction required by section 50(c) for any taxable year shall be allocated among the productive property in proportion to the respective bases of such property. ``(C) Recapture.--In applying section 50(a) to any property which ceases to be productive property, the credit determined under this subsection with respect to such property shall be treated as being equal to 10 percent of the lesser of-- ``(i) the excess referred to in paragraph (1) for the taxable year in which such property was determined, or ``(ii) the qualified investment in such property which was taken into account under paragraph (1).'' (c) Technical Amendments.-- (1) Subparagraph (C) of section 49(a)(1) of such Code is amended by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end thereof the following new clause: ``(iv) the basis of any new productive property and the cost of any used productive property.'' (2) Subparagraph (E) of section 50(a)(2) of such Code is amended by inserting ``or 48(c)(5)'' before the period at the end thereof. (3) Paragraph (5) of section 50(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(D) Special rules for certain property.--In the case of any productive property which is 3-year property (within the meaning of section 168(e))-- ``(i) the percentage set forth in clause (ii) of the table contained in paragraph (1)(B) shall be 66 percent, ``(ii) the percentage set forth in clause (iii) of such table shall be 33 percent, and ``(iii) clauses (iv) and (v) of such table shall not apply.'' (4)(A) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. OTHER CREDITS.'' (B) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following: ``Sec. 48. Other credits.'' (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 1992, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). TITLE II--INCREASE IN EXPENSING FOR PRODUCTIVE PROPERTY SEC. 201. CHANGES IN ELECTION TO EXPENSE CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) Increase in Limit for Productive Equipment.--Paragraph (1) of section 179(b) of the Internal Revenue Code of 1986 (relating to election to expense certain depreciable property) is amended by striking ``$10,000.'' and inserting ``$10,000 ($50,000 in the case of section 179 property for use as an integral part of manufacturing, production, or extraction).'' (b) Medium-Sized Companies Eligible.--Paragraph (2) of section 179(b) of such Code is amended by striking ``$200,000.'' and inserting ``$200,000 ($1,000,000 in the case of section 179 property for use as an integral part of manufacturing, production, or extraction).'' (c) Deductions Under Section 179 Excluded From Minimum Tax.-- (1) Paragraph (1) of section 56(a) of such Code is amended by adding at the end thereof the following new subparagraph: ``(E) Special rule for section 179 property.--In the case of section 179 property (as defined in section 179(d)), the deduction allowable under section 179 shall be treated as allowable under the alternative system of section 168(g).'' (2) Subparagraph (A) of section 56(g)(4) of such Code is amended by adding at the end thereof the following new clause: ``(vi) Special rule for section 179 property.--In the case of section 179 property (as defined in section 179(d)), the deduction allowable under section 179 shall be treated as allowable under the alternative system of section 168(g).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992.

TABLE OF CONTENTS: Title I: Incremental Investment Tax Credit for Productive Property Title II: Increase in Expensing for Productive Property Small Business Enhancement Act of 1993 - Title I: Incremental Investment Tax Credit for Productive Property - Amends the Internal Revenue Code to allow small businesses a general investment credit for new productive property which is used as an integral part of manufacturing, production, or extraction, or which is a motor vehicle. Title II: Increase in Expensing for Productive Property - Increases the deduction limit for expensing such productive property. Makes medium-sized companies eligible for such deduction. Excludes such deduction from the minimum tax.

Small Business Enhancement Act of 1993

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Family Building Act of 2001''. (b) Findings.--Congress makes the following findings: (1) Infertility is a disease affecting more than 6,000,000 American women and men, about 10 percent of the reproductive age population. (2) Recent improvements in therapy make pregnancy possible for more couples than in past years. (3) The majority of group health plans do not provide coverage for infertility therapy. (4) A fundamental part of the human experience is fulfilling the desire to reproduce. SEC. 2. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. (a) Group Health Plans.-- (1) Public health service act amendment.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) Requirements for Coverage of Treatment of Infertility.-- ``(1) In general.--In a case in which a group health plan, and a health insurance issuer offering group health insurance coverage provides coverage for obstetrical services, such plan or issuer shall include (consistent with this section) coverage for treatment of infertility. ``(2) Infertility defined.--For purposes of this section, the term `infertility' means a disease or condition that results in the abnormal function of the reproductive system, which results in-- ``(A) the inability to conceive after 1 year of unprotected intercourse, or ``(B) the inability to carry a pregnancy to live birth. ``(b) Required Coverage.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage shall provide coverage for treatment of infertility deemed appropriate by a participant or beneficiary and the treating physician. Such treatment shall include ovulation induction, artificial insemination, in vitro fertilization (IVF), gamete intrafallopian transfer (GIFT), zygote intrafallopian transfer (ZIFT), intracytoplasmic sperm injection (ICSI), and any other treatment provided it has been deemed as `non-experimental' by the Secretary of Health and Human Services after consultation with appropriate professional and patient organizations such as the American Society for Reproductive Medicine, RESOLVE, and the American College of Obstetricians and Gynecologists. ``(2) Limitation on coverage of assisted reproductive technology.-- ``(A) In general.--In the case of assisted reproductive technology, coverage shall be provided if-- ``(i) the participant or beneficiary has been unable to bring a pregnancy to a live birth through less costly medically appropriate infertility treatments for which coverage is available under the insured's policy, plan, or contract; ``(ii) the participant or beneficiary has not undergone 4 complete oocyte retrievals, except that if a live birth follows a completed oocyte retrieval, then at least 2 more completed oocyte retrievals shall be covered, with a lifetime cap of 6 retrievals; ``(iii) the treatment is performed at a medical facility that-- ``(I) conforms to the standards of the American Society for Reproductive Medicine; and ``(II) is in compliance with any standards set by an appropriate Federal agency. ``(B) Definition of assisted reproductive technology.--For purposes of this paragraph, the term `assisted reproductive technology' includes all treatments or procedures that involve the handling of human egg and sperm for the purpose of helping a woman become pregnant. Types of Assisted Reproductive Technology include in vitro fertilization, gamete intrafallopian transfer, zygote intrafallopian transfer, embryo cryopreservation, egg or embryo donation, and surrogate birth. ``(3) Review by the secretary of health and human services.--Not later than 5 years after the date of enactment of the Family Building Act of 2001, the Secretary of Health and Human Services, in consultation with the American Society for Reproductive Medicine, RESOLVE, and the National Infertility Association shall review the requirements for treatment of infertility established under paragraphs (1) and (2). ``(c) Limitation.--Deductibles, coinsurance, and other cost-sharing or other limitations for infertility therapy may not be imposed to the extent they exceed the deductibles, coinsurance, and limitations that are applied to similar services under the group health plan or health insurance coverage. ``(d) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a participant or beneficiary eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide incentives (monetary or otherwise) to a participant or beneficiary to encourage such participant or beneficiary not to be provided infertility treatments to which they are entitled under this section or to providers to induce such providers not to provide such treatments to qualified participants or beneficiaries; ``(3) prohibit a provider from discussing with a participant or beneficiary infertility treatment techniques or medical treatment options relating to this section; or ``(4) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided infertility treatments to a qualified participant or beneficiary in accordance with this section. ``(e) Rule of Construction.--Nothing in this section shall be construed to require a participant or beneficiary to undergo infertility therapy. ``(f) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(g) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(h) Preemption.--The provisions of this section do not preempt State law relating to health insurance coverage to the extent such State law provides greater benefits with respect to infertility treatments or prevention.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendment.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) In General.--A group health plan and a health insurance issuer offering group health insurance coverage in connection with such a plan shall comply with the requirements of section 2707 of the Public Health Service Act, and such requirements shall be deemed to be incorporated into this subsection. ``(b) Notice.--A health insurance issuer offering health insurance coverage in connection with a group health plan shall comply with the notice requirement under section 713(b) with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to benefits for treatment of infertility.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY. ``(a) In General.--The provisions of section 2707 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. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2002. (2) Individual health insurance coverage.--The amendments made by subsection (b) 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 exception.--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, 2002. 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. SEC. 3. AMENDMENT TO TITLE 5, UNITED STATES CODE. (a) In General.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(p)(1) Each contract under this chapter which provides obstetrical benefits shall also provide (in a manner consistent with section 2707 of the Public Health Service Act) coverage for the diagnosis and treatment of infertility (as defined by such section). ``(2) Subsection (m)(1) shall not, with respect to any contract under this chapter, prevent the inclusion of any terms which, under paragraph (1), are required by reason of section 2707(h) of the Public Health Service Act.''. (b) Effective Date.--The amendment made by this section shall apply with respect to contracts entered into or renewed for contract years beginning at least 6 months after the date of enactment of this Act.

Family Building Act of 2001 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Federal Employees Health Benefits Plan to require health plans to provide benefits for treatment of infertility in accord with specified standards.

To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and chapter 89 of title 5, United States Code, to require coverage for the treatment of infertility.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rejection of Social Security Privatization Act of 2002.'' SEC. 2. FINDINGS. The Congress finds the following: (1) President Bush promised to partially privatize Social Security, and appointed a commission to develop a plan on his behalf. (2) The commission developed three alternative plans that would partially privatize Social Security. (3) The plans divert substantial monies from the Social Security Trust Funds to pay for the private accounts, which threatens benefits for current beneficiaries by significantly weakening the financial condition of the Trust Funds, in direct violation of repeated assurances that current beneficiaries would not be affected by privatization of Social Security. (4) Plan 1 diverts Social Security revenues from the Trust Funds to fund the private accounts, which worsens the solvency of the Social Security Trust Funds by 25 percent over the next 75 years, demonstrating that privatization makes Social Security's financing challenges more difficult rather than less, and which would require across-the-board benefit reductions of 20 percent over just the next 10 years in order to fill the gap created by the diversion. (5) Plans 2 and 3 also divert Social Security revenues to private accounts, and in addition substantially reduce guaranteed Social Security benefits for future retirees, as well as for disabled workers and their families, and the survivors of deceased workers. (6) The plans' cuts in disability and survivor benefits directly contradict the President's promise that disability and survivor benefits would be preserved under privatization. (7) Furthermore, these reductions in guaranteed benefits apply to all workers, regardless of whether they chose to have an individual account or not. (8) On top of these reductions in the basic Social Security benefit, all three of the President's privatization plans impose additional reductions in Social Security benefits for those who chose to have an account, so they would not receive both their full Social Security benefit and the full proceeds from the account, as many Americans have been led to believe in the debate about privatization to date. (9) Independent actuarial analysis by the Social Security Chief Actuary shows the following: (A) Plan 1 of the President's commission drains $1.2 trillion from the Trust Funds over the next 10 years, a revenue loss equal to 20 percent of benefit payments over the same period. (B) Plan 2 reduces Social Security benefits for future retirees by up to 46 percent, and drains $1.5 trillion from the Social Security Trust Funds in the next 10 years. (C) Plan 3 reduces benefits for future retirees by up to 30 percent, it effectively raises the retirement age, and it drains $1.3 trillion from the Social Security Trust Funds in the next 10 years. (10) Substituting private accounts for guaranteed Social Security benefits increases financial risk for retirees, disabled workers and their families; reduces Social Security protections for women, low-income workers, and many members of minority groups; and erodes benefits for the dependent children of workers who retire, become disabled, or die. (11) The President's plans have demonstrated beyond a doubt the difficult tradeoffs inherent in privatization: cuts in guaranteed benefits; new financial risks for workers and their families; damage to the Social Security Trust Funds; and the need for massive subsidies from general revenues to cover the cost of the transition to private accounts. (12) Moreover, other proposals to privatize Social Security, such as the ``Social Security Guarantee Plus'' plan or the ``Social Security Ownership and Guarantee'' plan, establish private accounts that directly or indirectly reduce Social Security benefits through clawbacks or benefit offsets, thus placing on workers the responsibility to individually assure their own retirement income, which is the very essence and purpose of ``privatization''. (13) Such privatization plans are not fiscally sustainable, in that they require massive resources to finance the accounts, accompanied by new Federal borrowing on an unprecedented scale. According to independent actuarial analysis-- (A) the Social Security Guarantee Plus plan would require $3.6 trillion in new Federal subsidies over the next 40 years, which would equal $8 trillion if the funds were borrowed, and (B) the Social Security Ownership and Guarantee plan would require new Federal subsidies whose accumulated value would reach $20.4 trillion over the next 75 years, plus borrowing of $21.3 trillion over the same period. Thus, their adoption would lead to deep cutbacks in guaranteed benefits for current and future retirees, disabled workers and their families, and the survivors of deceased workers. (14) Therefore, these forms of privatization also do damage to the Social Security Trust Funds and undermine Social Security's ability to pay lifelong, guaranteed, inflation- protected benefits. SEC. 3. REJECTION OF PRIVATIZATION. The Congress hereby commits-- (1) to preserve the guaranteed, lifelong, inflation- protected benefits provided under title II of the Social Security Act to retirees, disabled workers and their families, and the survivors of deceased workers; and (2) therefore to reject-- (A) the President's plans to partially privatize Social Security, which would reduce the retirement security of current and future beneficiaries, and which would reduce guaranteed Social Security benefits for retirees, disabled workers, and survivors; (B) other proposals to privatize Social Security by establishing private accounts that would undermine traditional Social Security benefits, such as the ``Social Security Guarantee Plus'' plan or the ``Social Security Ownership and Guarantee'' plan; and (C) any and all proposals that would threaten the ability of the Social Security Trust Funds to sustain the lifelong, guaranteed, inflation-protected benefits provided under the Social Security Act today by establishing private accounts that divert resources from the Trust Funds, require fiscally unsustainable subsidies, or are integrated with Social Security benefits or financing.

Rejection of Social Security Privatization Act of 2002-States that Congress hereby commits: (1) to preserve the guaranteed, lifelong, inflation-protected benefits provided under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to retirees, disabled workers and their families, and the survivors of deceased workers; and (2) therefore to reject the President's plans to partially privatize Social Security, as well as other proposals to privatize Social Security, and any and all proposals that would threaten the ability of the Social Security Trust Funds to sustain the lifelong, guaranteed, inflation-protected benefits provided under SSA.

To reject proposals to partially or completely substitute private saving accounts for the lifelong, guaranteed, inflation-protected insurance benefits provided through Social Security.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Accountability in International Taxation Act of 2003''. SEC. 2. DENIAL OF TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS. (a) In General.--Section 894 of the Internal Revenue Code of 1986 (relating to income affected by treaty) is amended by adding at the end the following new subsection: ``(d) Denial of Treaty Benefits for Certain Deductible Payments.-- ``(1) In general.--A foreign entity shall not be entitled under any income tax treaty of the United States with a foreign country to any reduced rate of any withholding tax imposed by this title on any deductible foreign payment unless such entity is predominantly owned by individuals who are residents of such foreign country. ``(2) Deductible foreign payment.--For purposes of paragraph (1), the term `deductible foreign payment' means any payment-- ``(A) which is made by a domestic entity directly or indirectly to a related person which is a foreign entity, and ``(B) which is allowable as a deduction under this chapter. ``(3) Domestic and foreign entities; related person.--For purposes of this subsection-- ``(A) Domestic entity.--The term `domestic entity' means any domestic corporation or domestic partnership. ``(B) Foreign entity.--The term `foreign entity' means any foreign corporation or foreign partnership. ``(C) Related person.--The term `related person' has the meaning given such term by section 954(d)(3) (determined by substituting `domestic entity' for `controlled foreign corporation' each place it appears). ``(4) Predominant ownership.--For purposes of this subsection-- ``(A) In general.--An entity is predominantly owned by individuals who are residents of a foreign country if-- ``(i) in the case of a corporation, more than 50 percent (by value) of the stock of such corporation is owned (within the meaning of section 883(c)(4)) by individuals who are residents of such foreign country, or ``(ii) in the case of a partnership, more than 50 percent (by value) of the beneficial interests in such partnership are so owned. ``(B) Publicly traded corporations.--A foreign corporation also shall be treated as predominantly owned by individuals who are residents of a foreign country if-- ``(i)(I) the stock of such corporation is primarily and regularly traded on an established securities market in such foreign country, and ``(II) such corporation has activities within such foreign country which are substantial in relation to the total activities of such corporation and its related persons, or ``(ii) such corporation is wholly owned (directly or indirectly) by another foreign corporation which is described in clause (i). ``(C) Special rule.-- ``(i) In general.--A foreign corporation shall be treated as meeting the requirements of subparagraph (A) if-- ``(I) such requirements would be met if `30 percent' were substituted for `50 percent' in subparagraph (A)(i), ``(II) the treaty country is a member of a multinational economic association such as the European Union, and ``(III) at least 50 percent of the value of the stock of the corporation is owned (within the meaning of section 883(c)(4)) by individuals who are residents of the treaty country or other qualified foreign countries. ``(ii) Qualified foreign country.--For purposes of this subparagraph, the term `qualified foreign country' means any foreign country if-- ``(I) such foreign country is a member of the multinational economic association of which the treaty country is a member, and ``(II) such foreign country has a tax treaty with the United States providing a withholding tax rate reduction which is not less than the withholding tax rate reduction applicable (without regard to this subsection) to the payment received by such foreign corporation. ``(5) Exception for corporations with substantial business activities in treaty country.--Paragraph (1) shall not apply to a payment received by a foreign corporation if such corporation has substantial business activities in the treaty country and if such corporation establishes to the satisfaction of the Secretary that the payment is subject to an effective rate of income tax imposed by such country greater than 90 percent of the maximum rate of tax specified in section 11. ``(6) Exception for payments received by controlled foreign corporation.--Paragraph (1) shall not apply to any deductible foreign payment made by a corporation if the recipient of the payment is a controlled foreign corporation and the payor is a United States shareholder (as defined in section 951(b)) of such corporation. ``(7) Conduit payments.--Under regulations prescribed by the Secretary, paragraph (1) shall not apply to a payment received by a foreign entity referred to in paragraph (1) if-- ``(A) within a reasonable period after such entity receives such payment, such entity makes a comparable payment directly or indirectly to another related person, ``(B) such related person is a resident of a foreign country with which the United States has an income tax treaty, ``(C) such related person is predominantly owned by individuals who are residents of such country, and ``(D) the withholding tax rate applicable under such treaty is equal to or greater than the withholding tax rate applicable (without regard to this paragraph) to the payment received by such foreign entity. A similar rule shall apply where the payment is includible in the gross income of a related person by reason of a foreign law comparable to subpart F of part III of subchapter N.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. TRANSFER PRICE REDUCED BY DEFLECTED TAX HAVEN INCOME. (a) In General.--Section 482 of the Internal Revenue Code of 1986 (relating to allocation of income and deductions among taxpayers) is amended by inserting ``(a) In General.--'' before ``In the case of two or more'' and by adding at the end the following new subsection: ``(b) Special Rule for Related-Party Inbound and Outbound Transactions.-- ``(1) In general.--In the case of property or services to which this subsection applies, the transfer price under this section for such property or service shall be the transfer price determined without regard to this subsection-- ``(A) in the case of a related-party inbound transaction, reduced by the deflected tax haven income with respect to such property or service, or ``(B) in the case of a related-party outbound transaction, increased by the deflected tax haven income with respect to such property or service. ``(2) Property or services to which subsection applies.-- ``(A) In general.--This subsection applies to any property or services if there is a related-party inbound or outbound transaction with respect to such property or services. ``(B) Related-party inbound transaction.--A related-party inbound transaction is any transaction where-- ``(i) property is acquired directly or indirectly by a foreign-controlled domestic corporation from a foreign related person, or ``(ii) the services are performed directly or indirectly for a foreign-controlled domestic corporation by a foreign related person. ``(C) Related-party outbound transaction.--A related-party outbound transaction is any transaction where-- ``(i) property is sold directly or indirectly by a foreign-controlled domestic corporation to a foreign related person, or ``(ii) services are performed directly or indirectly by a foreign-controlled domestic corporation for a foreign related person. ``(3) Deflected tax haven income.--For purposes of this subsection-- ``(A) In general.--The term `deflected tax haven income' means income (whether in the form of profits, commissions, fees, or otherwise) derived by a foreign related person in connection with any transaction related to property or services to which this subsection applies if such income would be treated as foreign base company sales income (as defined in section 954(d)) or foreign base company services income (as defined in section 954(e)) were such foreign related person treated as a controlled foreign corporation. ``(B) Exception for income subject to foreign taxes.-- ``(i) High taxes.--Such term shall not include any item of income with respect to which the requirements of section 954(b)(4) are met. ``(ii) Other taxes.--If the taxpayer establishes to the satisfaction of the Secretary that an item of income was subject to an income tax imposed by a foreign country and the effective rate of such tax (and such effective rate was not greater than 90 percent of the maximum rate of tax specified in section 11), the term `deflected tax haven income' shall not include the same proportion of such income as such effective rate of tax bears to 90 percent. ``(4) Other definitions.--For purposes of this subsection-- ``(A) Foreign related person.--The term `foreign related person' means any foreign person who is related (within the meaning of subsection (a)) to the foreign- controlled domestic corporation. ``(B) Foreign-controlled domestic corporation.--The term `foreign-controlled domestic corporation' means any domestic corporation which is 25-percent foreign- owned (as defined in section 6038A(c)).'' (b) Effective Date.--The amendment made by this section shall apply to property acquired, and services performed, after ____.

Fairness and Accountability in International Taxation Act of 2003 - Amends the Internal Revenue Code to deny reduced withholding tax treaty benefits to a foreign entity on any deductible foreign payment (deductible payment made by a domestic entity to a related foreign entity) unless such entity is predominantly owned by individuals who are residents of such foreign country. Exempts from such provision: (1) corporations with substantial business activities in a treaty country with specified tax rates; (2) payments received by controlled foreign corporations from U.S. shareholders; and (3) certain conduit payments made by foreign corporations.Provides a special income and deduction allocation rule for related-party inbound (transfer price increased by deflected tax haven income) and outbound (transfer price increased by deflected tax haven income) transactions. Defines "related-party inbound transaction," "related-party outbound transaction," and "deflected tax haven."

To amend the Internal Revenue Code of 1986 to prevent corporations from exploiting tax treaties to evade taxation of United States income and to prevent manipulation of transfer prices by deflection of income to tax havens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Domestic Nuclear Security Act of 2014''. SEC. 2. DOMESTIC NUCLEAR DETECTION OFFICE. (a) In General.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 591 et seq.) is amended by adding at the end the following new sections: ``SEC. 1908. DOMESTIC IMPLEMENTATION OF THE GLOBAL NUCLEAR DETECTION ARCHITECTURE. ``In carrying out the mission of the Office under subparagraph (A) of section 1902(a)(4), the Director for Domestic Nuclear Detection shall provide support for planning, organization, equipment, training, exercises, and operational assessments to Federal, State, local, territorial, and tribal entities to assist in implementing radiological and nuclear detection capabilities in the event of a radiological or nuclear act of terror or other attack. Such capabilities shall be integrated into the enhanced global nuclear detection architecture referred to in such section 1902(a)(4), and shall inform and be guided by architecture studies, technology needs, and research activities of the Office. ``SEC. 1909. SECURING THE CITIES PROGRAM. ``(a) Establishment.--The Director for Domestic Nuclear Detection shall establish the `Securing the Cities' (`STC') program to enhance, through Federal, State, local, tribal, and private entities, the ability of the United States to detect and prevent a radiological or nuclear act of terror or other attack in high-risk urban areas. ``(b) Designation of Jurisdictions.--In designating jurisdiction under subsection (a), the Director for Domestic Nuclear Detection shall consider jurisdictions designated by the Secretary as high-risk urban areas under section 2003, and other cities and regions as appropriate, for the selection of new STC locations. ``(c) Congressional Notification.--The Director for Domestic Nuclear Detection shall notify the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate not later than 30 days after any additions or changes to the jurisdictions participating in the STC program under this section. ``(d) GAO Report.--Not later than one year after the date of the enactment of this section, the Comptroller General of the United States shall submit to the congressional committees specified in subsection (c) an assessment, including an evaluation of the effectiveness, of the STC program. ``SEC. 1910. PROCUREMENT REFORM. ``In the event of an acquisition of a new system for a component of the Department of Homeland Security or any other Department-related or -associated end-user, the head of such component shall complete and sign a Mission Need Statement and Operational Requirements Document, in accordance with relevant Department Acquisition Management Directives. ``SEC. 1911. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this title $291,000,000 for each of fiscal years 2015 and 2016.''. (b) Clerical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by striking the item relating to section 1907 and inserting the following new items: ``Sec. 1907. Joint biennial interagency review of global nuclear detection architecture. ``Sec. 1908. Domestic implementation of the global nuclear detection architecture. ``Sec. 1909. Securing the Cities program. ``Sec. 1910. Procurement reform. ``Sec. 1911. Authorization of appropriations.''. (c) Effective Date.--This Act shall take effect on the date that is 30 days after the date of the enactment of this Act. SEC. 3. REPORTING REQUIREMENTS. The Homeland Security Act of 2002 is amended-- (1) in section 1906 (6 U.S.C. 596), in the matter preceding paragraph (1), by striking ``paragraphs (6) and (7) of''; and (2) in section 1907 (6 U.S.C. 596a)-- (A) in the section heading, by striking ``annual'' and inserting ``biennial''; (B) in subsection (a)-- (i) in the heading, by striking ``Annual'' and inserting ``Biennial''; (ii) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``each year'' and inserting ``every two years''; and (II) in subparagraph (C)-- (aa) in clauses (i) and (iii), by striking ``previous year'' and inserting ``previous two years'' each place it appears; and (bb) in clause (ii), by striking ``Annual'' and inserting ``Biennial''; and (iii) in paragraph (2), by striking ``each year'' and inserting ``every two years''; and (C) in subsection (b)-- (i) in the heading, by striking ``Annual'' and inserting ``Biennial''; (ii) in paragraph (1), in the matter preceding subparagraph (A), by inserting ``odd- numbered'' before ``year''; and (iii) in paragraph (2), by striking ``annual'' and inserting ``biennial''; and Passed the House of Representatives December 1, 2014. Attest: KAREN L. HAAS, Clerk.

Strengthening Domestic Nuclear Security Act of 2014 - Amends the Homeland Security Act of 2002 to authorize appropriations for the Domestic Nuclear Detection Office for FY2015-FY2016. Requires the Director for Domestic Nuclear Detection: (1) in developing and implementing the enhanced global nuclear detection architecture, to provide support for planning, organization, equipment, training, exercises, and operational assessments to federal, state, local, territorial, and tribal entities to assist in implementing radiological and nuclear detection capabilities in the event of a radiological or nuclear act of terror or other attack; and (2) to establish the Securing the Cities (STC) program to enhance the ability of the United States to detect and prevent a radiological or nuclear act of terror or other attack in high-risk urban areas. Requires the Comptroller General (GAO) to submit to specified congressional committees an assessment of the STC program within one year after enactment of this Act. Requires, in the event of an acquisition of a new system for a component of DHS or any other DHS-related or -associated end-user, the head of such component to complete and sign a Mission Need Statement and Operational Requirements Document. Amends the Homeland Security Act of 2002 to change the joint annual interagency review of global nuclear detection architecture and the required annual report thereon to a biennial review and report.

Strengthening Domestic Nuclear Security Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable States Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) local government leadership is critical in crafting and implementing effective, long-term solutions to regionally distinct challenges, such as-- (A) energy demand and supply; (B) water resource management; (C) waste production and management; (D) pollution; (E) environmental stewardship and conservation; and (F) economic competitiveness, growth, and development; (2) State-specific municipal sustainability certification programs provide a framework for constructive competition among the municipalities of a State that accelerates the development and demonstration of effective local solutions to those challenges; and (3) public-private partnerships are successful means of sustaining the operation of municipal sustainability certification programs, as evidenced by programs in the States of Maryland and New Jersey. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Municipal sustainability certification program.--The term ``municipal sustainability certification program'' means a program established and carried out by a sustainable State consortium that-- (A) determines a set of State-specific benchmarks for use in evaluating sustainability; and (B) certifies a municipality as sustainable based on achievement of those benchmarks. (3) Sustainable state consortium.--The term ``sustainable State consortium'' means a partnership consisting of local governments, a State, 1 or more public universities, and any other municipal organizations, businesses, or nonprofit organizations selected by the consortium that is formed to establish a municipal sustainability certification program. SEC. 4. GRANTS FOR MUNICIPAL SUSTAINABILITY CERTIFICATION PROGRAMS. (a) Establishment.-- (1) In general.--There is established a program under which the Administrator shall provide grants to sustainable State consortia for use in establishing and carrying out municipal sustainability certification programs. (2) Flexible guidelines for award selection.--The Administrator shall establish flexible guidelines that reflect regional differences for use by sustainable State consortia in establishing State-specific municipal sustainability certification programs. (3) Grants.-- (A) In general.--The Administrator shall provide grants under this paragraph to sustainable State consortia for use in establishing and carrying out municipal sustainability certification programs. (B) Eligibility.--Not more than 1 sustainable State consortium per State may apply for and receive a grant under this section. (C) Number and term of grants.--The Administrator shall determine the number and term of grants provided under this section. (D) Geographical distribution of grant funds.--The Administrator shall provide grants under this section in a manner that results in, to the maximum extent practicable, a geographical balance of funds provided, as determined by the Administrator. (4) Data and reports.--The Administrator shall annually-- (A) collect and compile data from sustainable State consortia with respect to municipal actions undertaken to obtain municipal sustainability certification; and (B) submit to Congress a concise report that describes, for the year covered by the report, municipal actions undertaken to obtain municipal sustainability certification. (5) State and local needs.--The Administrator shall encourage sustainable State consortia-- (A) to establish certification standards beyond the guidelines established by the Administrator; (B) to otherwise adapt the administration of the program established under this section to meet regional or local needs; and (C) to plan for public-private partnership agreements that will sustain the operation of the certification program of a State beyond the term of the grant. (b) Administration.-- (1) National leaders program.--As part of the program established under this section, the Administrator shall establish a national leaders program under which certified municipalities may seek additional recognition for demonstrated performance in meeting sustainability challenges. (2) Fees.--The Administrator shall not charge fees for certification, training, use of program tools, or any other participation in the program established under this section. (3) Web site.--The Administrator shall establish a Web site that allows for interactive dialogue and collaboration among community leaders and citizens engaged in municipal sustainability certification. (c) Funding.-- (1) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. (2) Other funding.--A sustainable State consortium or other entity that receives a grant under this section may seek additional foundation, nonprofit, private-sector, and other sources of funding to support additional program elements and municipal incentives that are in addition to the minimum requirements for a grant under this section.

Sustainable States Act of 2010 - Establishes a program under which the Administrator of the Environmental Protection Agency (EPA) shall provide grants to sustainable state consortia (partnerships consisting of local governments, states, public universities, and other municipal organizations, businesses, or nonprofit organizations) to establish and carry out municipal sustainability certification programs. Defines "municipal sustainability certification program" as a program that: (1) determines a set of state-specific benchmarks for use in evaluating sustainability; and (2) certifies a municipality as sustainable based on achievement of those benchmarks. Directs the Administrator to: (1) establish flexible guidelines that reflect regional differences for use by such consortia in establishing such programs; (2) annually compile data from such consortia and report to Congress on municipal actions undertaken to obtain municipal sustainability certification; (3) encourage such consortia to establish certification standards beyond the guidelines established by the Administrator, adapt the administration of the program to meet regional or local needs, and plan for public-private partnership agreements that will sustain the operation of the certification program of a state beyond the term of the grant; (4) establish a national leaders program under which certified municipalities may seek additional recognition for demonstrated performance in meeting sustainability challenges; and (5) establish a website that permits interactive dialogue and collaboration among community leaders and citizens engaged in municipal sustainability certification.

A bill to establish a program under which the Administrator of the Environmental Protection Agency shall provide grants to eligible State consortia to establish and carry out municipal sustainability certification programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Health Insurance Affordability Act of 2002''. SEC. 2. REFUNDABLE CREDIT FOR SMALL BUSINESSES PROVIDING HEALTH INSURANCE 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 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. SMALL BUSINESS COST OF PROVIDING HEALTH INSURANCE COVERAGE FOR EMPLOYEES. ``(a) In General.--At the election of the employer, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the qualified premiums paid during the taxable year by the taxpayer. ``(b) Applicable Percentage.--For purposes of subsection (a), the applicable percentage shall be determined in accordance with the following table: ``Total number of employees of The applicable percentage is: taxpayer: 10 or fewer.................... 50 percent. 11 to 15....................... 25 percent. 16 or more..................... 0 percent. ``(c) Limitations.-- ``(1) Maximum employee compensation.--No amount paid for a qualified premium shall be taken into account under subsection (a) if such amount is paid or incurred with respect to any employee to whom the taxpayer paid wages of $40,000 or more for the calendar year ending with or in the taxable year of the taxpayer. ``(2) Minimum employee service.--No amount paid for a qualified premium shall be taken into account under subsection (a) if such amount is paid or incurred with respect to any employee unless such employee has performed at least 400 hours of service for the employer during the taxable year of the employer. ``(3) Inflation adjustment.--In the case of a calendar year after 2003, the dollar amount contained in 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 2002' for `calendar year 1992' in subparagraph (B) thereof. Any increase under this paragraph which is not a multiple of $100 shall be rounded to the next lowest multiple of $100. ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified premiums.--The term `qualified premiums' means premiums paid by the taxpayer for qualified health insurance for any employee of the taxpayer, and the employee's spouse and dependents, but only if the employer pays not less than 75 percent of the aggregate premiums for such insurance for the taxable year. For purposes of the preceding sentence, the term `premium' shall have the same meaning as when used in section 4980B(f)(4). ``(2) Qualified health insurance.--The term `qualified health insurance' means insurance which constitutes medical care (as defined in section 213(d)); except that such term shall not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c). ``(3) Wages.--The term `wages' shall have the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). ``(4) Aggregation rule.--For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (n) or (o) of section 414 shall be treated as one person. ``(e) Termination.--This section shall not apply to taxable years beginning after December 31, 2007.''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 35 of such Code'' before the period at the end. (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 35 and inserting the following new items: ``Sec. 35. Small business cost of providing health insurance coverage for employees. ``Sec. 36. Overpayment of taxes.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.

Small Business Health Insurance Affordability Act of 2002 - Amends the Internal Revenue Code to permit a limited tax credit for employers of 15 or fewer employees based on premiums paid for health insurance for employees. Denies an employer the credit if the relevant employee earned at least $40,000 or worked less than 400 hours for the year. Provides an adjustment for inflation.

To amend the Internal Revenue Code of 1986 to provide incentives to small businesses to provide health insurance to their employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teachers For Tomorrow Act of 2000''. SEC. 2. REVISION OF TEACHER LOAN FORGIVENESS PROGRAMS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by-- (1) redesignating section 428K (20 U.S.C. 1078-11) as section 428L; and (2) by inserting after section 428J the following new section: ``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 428J, in order to provide additional incentives for such individuals to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any new borrower on or after October 1, 1998, who is not eligible for loan forgiveness under section 428J, but who-- ``(A) is employed as a full-time teacher-- ``(i) in a public elementary or secondary school ``(ii) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(iii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; ``(B) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall repay not more than the percentage specified in paragraph (2) of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of each complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 460. ``(2) Percentage eligible.--The percent of the loan obligation which the Secretary shall repay under paragraph (1) of this subsection is-- ``(A) in the case of teaching in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools, 25 percent for the first or second year of such service, and 50 percent for the third year of such service; or ``(B) in the case of any other public elementary or secondary school, 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(4) Treatment of years of service for continuing education loans.--For purposes of paragraph (2), the year of service is determined on the basis of the academic year that the borrower began the service as a full-time teacher, except that in the case of a borrower who incurs a loan obligation for continuing education expenses while teaching, the year of service is determined on the basis of the academic year following the academic year for which the loan obligation was incurred. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List.--If the list of schools in which a teacher may perform service pursuant to subsection (b) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(h) Definition.--For purposes of this section, the term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''. (b) Direct Student Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 the following new section: ``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 460, in order to provide additional incentives for such individuals to enter and continue in the teaching profession. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall carry out canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any new borrower on or after October 1, 1998, who is not eligible for loan forgiveness under section 460, but who-- ``(A) is employed as a full-time teacher-- ``(i) in a public elementary or secondary school; ``(ii) if employed as a secondary school teacher, is teaching a subject area that is relevant to the borrower's academic major as certified by the chief administrative officer of the public or nonprofit private secondary school in which the borrower is employed; and ``(iii) if employed as an elementary school teacher, has demonstrated, as certified by the chief administrative officer of the public or nonprofit private elementary school in which the borrower is employed, knowledge and teaching skills in reading, writing, mathematics, and other areas of the elementary school curriculum; ``(B) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall cancel not more than the percentage specified in paragraph (2) of the loan obligation on a loan made under this part that is outstanding after the completion of each complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 428J. ``(2) Percentage eligible.--The percent of the loan obligation which the Secretary shall cancel under paragraph (1) of this subsection is-- ``(A) in the case of teaching in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such schools, 25 percent for the first or second year of such service, and 50 percent for the third year of such service; or ``(B) in the case of any other public elementary or secondary school, 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. ``(3) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(4) Treatment of years of service for continuing education loans.--For purposes of paragraph (2), the year of service is determined on the basis of the academic year that the borrower began the service as a full-time teacher, except that in the case of a borrower who incurs a loan obligation for continuing education expenses while teaching, the year of service is determined on the basis of the academic year following the academic year for which the loan obligation was incurred. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List.--If the list of schools in which a teacher may perform service pursuant to subsection (b) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(h) Definition.--For purposes of this section, the term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''. SEC. 3. NO INCOME TAX BY REASON OF LOAN FORGIVENESS Subsection (f) of section 108 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Loan forgiveness for teachers.--In the case of an individual, gross income does not include any amount which (but for this paragraph) would be includible in gross income by reason of the discharge (in whole or in part) of any loan if such discharge was pursuant to section 428J, 428K, 460, or 460A of the Higher Education Act of 1965 (20 U.S.C. 1078-10), as in effect on the date of the enactment of this paragraph.''

Amends the Internal Revenue Code to provide that amounts of student loan forgiveness for teachers, under both the current HEA programs and those added by this Act, shall not be included in an individual's gross income for income tax purposes.

Teachers For Tomorrow Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Doxxing Prevention Act''. SEC. 2. DISCLOSURE OF PERSONAL INFORMATION WITH THE INTENT TO CAUSE HARM. (a) In General.--Chapter 41 of title 18, United State Code, is amended by adding at the end the following: ``Sec. 881. Publication of personally identifiable information with the intent to cause harm ``(a) Prohibition.--Whoever, with the intent to threaten, intimidate, harass, stalk, or facilitate another to threaten, intimidate, harass, or stalk, uses the mail or any facility or means of interstate or foreign commerce to knowingly publish the personally identifiable information of another person, and as a result of that publication places that person in reasonable fear of the death of or serious bodily injury to-- ``(1) that person; ``(2) an immediate family member of that person; or ``(3) an intimate partner of that person, shall be subject to the criminal penalty and the civil liability provided by this section. ``(b) Criminal Penalty.-- ``(1) In general.--Whoever violates subsection (a) shall be fined under this title or imprisoned not more than 5 years, or both. ``(2) Reimbursement.-- ``(A) In general.--The court, in imposing a sentence on a defendant convicted of an offense under this section, shall order the defendant to reimburse any party for expenses necessitated by such offense. ``(B) Joint and several liability.--A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses. ``(C) Civil judgment.--An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment. ``(c) Civil Action.--An individual who is a victim of an offense under this section may bring a civil action against the perpetrator (or whoever knowingly benefits, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this section) and may recover money damages and any other appropriate relief, including reasonable attorney's fees. ``(d) Definitions.--In this section: ``(1) Publish.--The term `publish' means to circulate, deliver, distribute, disseminate, transmit, or otherwise make available to another person. ``(2) Personally identifiable information.--The term `personally identifiable information' means-- ``(A) any information that can be used to distinguish or trace an individual's identity, such as name, prior legal name, alias, mother's maiden name, social security number, date or place of birth, address, phone number, or biometric data; ``(B) any information that is linked or linkable to an individual, such as medical, financial, education, consumer, or employment information, data, or records; or ``(C) any other sensitive private information that is linked or linkable to a specific identifiable individual, such as gender identity, sexual orientation, or any sexually explicit visual depiction of a person described in clause (1), (2), or (3) of subsection (a). ``(3) Immediate family member.--The term `immediate family member' means-- ``(A) the spouse, parent, brother, sister, or child of the subject of the publication or a person to whom the subject of the publication stands in loco parentis; or ``(B) any other person living in the subject of the publication's household and related to the subject of the publication by blood or marriage. ``(4) Intimate partner.--The term `intimate partner' means a person who is or has been in a social relationship of a romantic or intimate nature with the subject of the publication, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. ``(5) Sexually explicit visual depiction.--The term `sexually explicit visual depiction' means any photograph, film, video, or other recording or live transmission of a person, whether produced by electronic, mechanical, or other means (including depictions that are not stored in a permanent format), that depicts-- ``(A) the lascivious exhibition of the anus, the post-pubescent female nipple, the genitals, or the pubic area of any person; ``(B) any actual or simulated sexual contact or sexual act; ``(C) bestiality; or ``(D) sadistic or masochistic conduct. ``(e) Attempt and Conspiracy.--Whoever attempts or conspires to violate this section shall be punishable in the same manner as a completed violation of this section. ``(f) Activities of Law Enforcement.--This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 41 title 18, United States Code, is amended by adding at the end the following new item: ``881. Publication of personally identifiable information with the intent to cause harm.''.

Interstate Doxxing Prevention Act This bill amends the federal criminal code to make it a crime to use the mail or any facility or means of interstate commerce to knowingly publish (or attempt or conspire to publish) personally identifiable information of another person with the intent to threaten, intimidate, harass, or stalk, and as a result, place that person in reasonable fear of death or seriously bodily injury to that person, or to that person's family member or intimate partner. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both—and civil liability.

Interstate Doxxing Prevention Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Subpoena Compliance and Enforcement Act of 2017''. SEC. 2. ENFORCEMENT OF CONGRESSIONAL SUBPOENAS. (a) In General.--Chapter 85 of title 28, United States Code, is amended by inserting after section 1365 the following: ``Sec. 1365a. Congressional actions against subpoena recipients ``(a) Special Rules.--In any civil action brought by the United States House of Representatives, the United States Senate, or a committee or subcommittee thereof, against the recipient of a subpoena to secure declaratory, injunctive, or other relief as may be appropriate concerning the failure to comply with a subpoena issued by a congressional committee or subcommittee, the following rules shall apply: ``(1) The action shall be filed in a United States district court of competent jurisdiction. ``(2) It shall be the duty of the United States district courts, the United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any such action and appeal. ``(3) If a three-judge court is expressly requested by the plaintiff in the initial pleading, the action shall be heard by a three-judge court convened pursuant to section 2284 of title 28, United States Code, and shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. ``(b) Monetary Penalties in Cases Involving Government Agencies.-- ``(1) The court may impose monetary penalties directly against the head of a Government agency or a component thereof held to have willfully failed to comply with any part of a congressional subpoena. ``(2) No appropriated funds, funds provided from any accounts in the Treasury, funds derived from the collection of fees, or other Government funds shall be used to pay any monetary penalty imposed by the court pursuant to this section. ``(c) Waiver of Privilege.--Any assertion of a privilege or other ground for noncompliance (whether statutory, common law, or otherwise) asserted by the recipient of a congressional subpoena may be determined to have been waived as to any particular record withheld from production if the court finds that the recipient failed in a timely manner to comply with the requirement of section 105 of the Revised Statutes of the United States that it produce a privilege log with respect to such record. ``(d) Definition.--For purposes of this section, the term `Government agency' means an executive department listed in section 101 of title 5, United States Code, an independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly or partly owned Government corporations.''. (b) Clerical Amendment.--The table of sections for chapter 85 of title 28, United States Code, is amended by inserting after the item relating to section 1365 the following: ``1365a. Congressional actions against subpoena recipients.''. SEC. 3. COMPLIANCE WITH CONGRESSIONAL SUBPOENAS. (a) In General.--Chapter 7 of title II of the Revised Statutes of the United States (2 U.S.C. 191 et seq.) is amended by adding at the end the following: ``SEC. 105. RESPONSE TO CONGRESSIONAL SUBPOENAS. ``(a) Subpoena by Congressional Committee.--Any recipient of any subpoena from a congressional committee or subcommittee shall appear and testify or produce records in a manner consistent with the subpoena and this section. ``(b) Congressional Subpoenas for Records.-- ``(1) Identification of records withheld.--In the case of a record that is withheld, in whole or in part, by the subpoena recipient, the subpoena recipient shall provide a log containing the following information concerning such record: ``(A) An express assertion and description of the legal basis asserted for withholding the record. ``(B) The type of record. ``(C) The general subject matter. ``(D) The date, author, and addressee. ``(E) The relationship of the author and addressee to each other. ``(F) The custodian of the record. ``(G) Any other descriptive information that may be produced or disclosed regarding the record that will enable the congressional committee or subcommittee issuing the subpoena to assess the legal basis asserted for withholding the record. ``(2) Missing records.--In the case of any record responsive to the subpoena submitted under paragraph (1) that was, but no longer is, in the possession, custody, or control of the subpoena recipient, the subpoena recipient shall identify the record (including the date, author, subject, and each recipient of the record) and explain the circumstances under which the record ceased to be in the possession, custody, or control of the subpoena recipient. ``(3) Electronic records.--Electronic records shall be produced pursuant to this subsection in their native or original file format. Electronic records shall be delivered on a storage device (such as compact disk, memory stick, or thumb drive) and, to the extent feasible, shall be organized, identified, and indexed electronically and shall include an index describing the contents of the production. ``(c) Definitions.--For purposes of this section the term `record' includes any books, papers, documents, data, or other objects requested in a subpoena issued by a congressional committee or subcommittee.''. (b) Clerical Amendment.--The table of contents for chapter 7 of title II of the Revised Statutes of the United States is amended by adding at the end the following: ``105. Response to congressional subpoenas.''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act shall be interpreted to diminish Congress' inherent authority or previously established methods and practices for enforcing compliance with congressional subpoenas, nor shall anything in this Act be interpreted to establish Congress' acceptance of any asserted privilege or other legal basis for noncompliance with a congressional subpoena. Passed the House of Representatives October 23, 2017. Attest: KAREN L. HAAS, Clerk.

Congressional Subpoena Compliance and Enforcement Act of 2017 (Sec. 2) This bill amends the federal judicial code to establish certain rules that apply in a civil action by the Senate, House of Representatives, or a congressional committee or subcommittee against an individual who receives, but fails to comply with, a congressional subpoena. Specifically, the rules: allow the action to be filed in a U.S. district court; require expedited disposition of the action and any appeals; and authorize court-imposed monetary penalties against the head of a government agency or component who willfully fails to comply with a congressional subpoena. (Sec. 3) Additionally, the bill amends the Revised Statutes of the United States to establish requirements for the recipient of a subpoena from a congressional committee or subcommittee, including: to appear and testify or produce records—books, papers, documents, data, or other objects—in a manner consistent with the subpoena; and to provide a privilege log containing certain information about records that are withheld, such as the type of record and the legal basis for withholding it.

Congressional Subpoena Compliance and Enforcement Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Ocean Acidification Research And Monitoring Act of 2008'' or the ``FOARAM Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Interagency subcommittee. Sec. 5. Strategic research plan. Sec. 6. NOAA ocean acidification activities. Sec. 7. NSF ocean acidification activities. Sec. 8. NASA ocean acidification activities. Sec. 9. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The oceans help regulate atmospheric chemistry by acting as the largest sink for carbon dioxide. (2) The rapid increase in atmospheric carbon dioxide is overwhelming the natural ability of the oceans to absorb this gas. (3) The influx of carbon dioxide into the atmosphere and the subsequent absorption by the oceans is changing surface ocean carbon chemistry and lowering the pH. These changes in ocean chemistry are detrimental to organisms including corals, which support one of the richest habitats on Earth, marine shellfish, and many other organisms that form the base of the food chain for many fish and marine mammals. (4) The rich biodiversity of marine organisms is an important contribution to the national economy and the change in ocean chemistry threatens tourism, our fisheries, and marine environmental quality, and could result in significant social and economic costs. (5) Existing Federal programs support research in related ocean chemistry, but gaps in funding, coordination, and outreach have impeded national progress in addressing ocean acidification. (6) National investment in a coordinated program of research and monitoring would improve the understanding of ocean acidification effects on whole ecosystems, advance our knowledge of the socioeconomic impacts of increased ocean acidification, and strengthen the ability of marine resource managers to assess and prepare for the harmful impacts of ocean acidification on our marine resources. (b) Purposes.--The purposes of this Act are to provide for-- (1) development and coordination of a comprehensive interagency plan to-- (A) monitor and conduct research on the processes and consequences of ocean acidification on marine organisms and ecosystems; and (B) establish an interagency research and monitoring program on ocean acidification; (2) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidification; and (3) research on adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification. SEC. 3. DEFINITIONS. In this Act: (1) Ocean acidification.--The term ``ocean acidification'' means the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (3) Subcommittee.--The term ``Subcommittee'' means the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. SEC. 4. INTERAGENCY SUBCOMMITTEE. (a) Designation.--The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate Federal activities on ocean acidification. (b) Duties.--The Subcommittee shall-- (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 5 of this Act and oversee the implementation of the plan; (2) oversee the development of-- (A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; and (B) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidification; (3) facilitate communication and outreach opportunities with nongovernmental organizations and members of the stakeholder community with interests in marine resources; (4) coordinate the United States Federal research and monitoring program with research and monitoring programs and scientists from other nations; and (5) establish or designate an Ocean Acidification Information Exchange to make information on ocean acidification developed through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. (c) Reports to Congress.-- (1) Initial report.--Not later than 1 year after the date of enactment of this Act, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that-- (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) describes the progress in developing the plan required under section 5 of this Act. (2) Biennial report.--Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives that includes-- (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) an analysis of the progress made toward achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 5. (3) Strategic research plan.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 5 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. SEC. 5. STRATEGIC RESEARCH PLAN. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for Federal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidification on marine organisms and marine ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). (b) Contents of the Plan.--The plan shall-- (1) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will-- (A) advance understanding of ocean acidification and its physical, chemical, and biological impacts on marine organisms and marine ecosystems; (B) improve the ability to assess the socioeconomic impacts of ocean acidification; and (C) provide information for the development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems; (2) describe specific activities, including-- (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; (D) technology and methods development; (E) data collection; (F) database development; (G) modeling activities; (H) assessment of ocean acidification impacts; and (I) participation in international research efforts; (3) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan; (4) consider and utilize, as appropriate, reports and studies conducted by Federal agencies, the National Research Council, or other entities; (5) make recommendations for the coordination of the ocean acidification research and monitoring activities of the United States with such activities of other nations and international organizations; (6) outline budget requirements for Federal ocean acidification research and monitoring and assessment activities to be conducted by each agency under the plan; (7) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidification and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; and (8) describe specific activities designed to facilitate outreach and data and information exchange with stakeholder communities. (c) Program Elements.--The plan shall include at a minimum the following program elements: (1) Monitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open-ocean monitoring stations, including satellite-based monitoring to characterize-- (A) marine ecosystems; (B) changes in marine productivity; and (C) changes in surface ocean chemistry. (2) Research to understand the species specific physiological response of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine ecosystem responses to ocean acidification. (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem and terrestrial input, and modeling to determine impacts on marine ecosystems and individual marine organisms. (4) Technology development and standardization of carbonate chemistry measurements on moorings and autonomous floats. (5) Assessment of socioeconomic impacts of ocean acidification and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. (d) National Academy of Sciences Evaluation.--The Secretary shall enter into an agreement with the National Academy of Sciences to review the plan. (e) Public Participation.--In developing the plan, the Subcommittee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the Congress, the plan shall be published in the Federal Register for a public comment period of not less than 60 days. SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES. The Secretary shall conduct research and monitoring activities and may establish a program on ocean acidification within the National Oceanic and Atmospheric Administration consistent with the strategic research plan developed by the Subcommittee under section 5 that-- (1) includes-- (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activities to improve understanding of ocean acidification; (B) the establishment of a long-term monitoring program of ocean acidification utilizing existing global and national ocean observing assets, and adding instrumentation and sampling stations as appropriate to the aims of the research program; (C) research to identify and develop adaptation strategies and techniques for effectively conserving marine ecosystems as they cope with increased ocean acidification; (D) as an integral part of the research programs described in this Act, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification; (E) as an integral part of the research programs described in this Act, national public outreach activities to improve the understanding of current scientific knowledge of ocean acidification and its impacts on marine resources; and (F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceanographic Commission, the International Council for the Exploration of the Sea, the North Pacific Marine Science Organization, and others; (2) provides grants for critical research projects that explore the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the goals and priorities of the strategic research plan; and (3) incorporates a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program under section 7901 of title 10, United States Code. SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES. (a) Research Activities.--The Director of the National Science Foundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidification and its impacts, including-- (1) impacts on marine organisms and marine ecosystems; (2) impacts on ocean, coastal, and estuarine biogeochemistry; and (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts. (b) Consistency.--The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Director shall encourage coordination of the Foundation's ocean acidification activities with such activities of other nations and international organizations. SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES. (a) Ocean Acidification Activities.--The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. (b) Program Consistency.--The Administrator shall ensure that the Agency's research and monitoring activities on ocean acidification are carried out in a manner consistent with the strategic research plan developed by the Subcommittee under section 5. (c) Coordination.--The Administrator shall encourage coordination of the Agency's ocean acidification activities with such activities of other nations and international organizations. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) NOAA.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this Act-- (1) $8,000,000 for fiscal year 2009; (2) $12,000,000 for fiscal year 2010; (3) $15,000,000 for fiscal year 2011; and (4) $20,000,000 for fiscal year 2012. (b) NSF.--There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this Act-- (1) $6,000,000 for fiscal year 2009; (2) $8,000,000 for fiscal year 2010; (3) $12,000,000 for fiscal year 2011; and (4) $15,000,000 for fiscal year 2012. Passed the House of Representatives July 9, 2008. Attest: LORRAINE C. MILLER, Clerk.

Federal Ocean Acidification Research And Monitoring Act of 2008 or FOARAM Act - (Sec. 3) Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide. (Sec. 4) Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council: (1) coordinate federal activities on ocean acidification; (2) report biennially to specified congressional committees; (3) transmit the strategic research plan developed under this Act to those committees; and (4) submit a revised plan at least once every five years. (Sec. 5) Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides for an assessment of ocean acidification impacts on marine organisms and ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and ecosystems. Directs the Secretary of Commerce, through the administrator of the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan. (Sec. 6) Directs the Secretary to conduct research and monitoring and authorizes the Secretary to establish an ocean acidification program in NOAA consistent with the strategic research plan, including: (1) providing grants for critical research projects exploring the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the plan's goals and priorities; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program. (Sec. 7) Requires the NSF director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts. (Sec. 8) Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. (Sec. 9) Authorizes appropriations to NOAA and to NASA to carry out this Act.

To establish an interagency committee to develop an ocean acidification research and monitoring plan and to establish an ocean acidification program within the National Oceanic and Atmospheric Administration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Lunch Shaming Act of 2017''. SEC. 2. PROHIBITION ON STIGMATIZATION OF CHILDREN WHO ARE UNABLE TO PAY FOR MEALS. Section 9(b)(10) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(10)) is amended-- (1) by striking ``(10) No physical'' and inserting the following: ``(10) Discriminatory or stigmatizing treatment of children by schools.-- ``(A) Discrimination based on eligibility.--No physical''; and (2) by adding at the end the following: ``(B) Stigmatization based on lack of funds or debt.-- ``(i) Definition of covered child.--In this subparagraph, the term `covered child' means a child who-- ``(I) is a student at a school that participates in-- ``(aa) the school lunch program established under this Act; or ``(bb) the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(II)(aa) does not have funds to pay for a lunch or breakfast at the school; or ``(bb) has outstanding credit that was extended by a school food authority for a lunch or breakfast at the school. ``(ii) Requirements of school food authorities.-- ``(I) In general.--A school food authority shall not permit-- ``(aa) the public identification or stigmatization of a covered child, such as by requiring the covered child to wear a wristband or display a hand stamp to identify the covered child as a covered child; or ``(bb) any requirement that a covered child, because of the status of the covered child as a covered child-- ``(AA) perform chores or any other activity that is not required of students generally; or ``(BB) dispose of a lunch or breakfast after it has been served to the covered child. ``(II) Communications.-- ``(aa) In general.--Subject to item (bb), a school food authority shall require that any communication relating to an outstanding credit described in clause (i)(II)(bb) of a covered child shall be directed-- ``(AA) to a parent or guardian of the covered child; and ``(BB) not to the covered child. ``(bb) Letters.--A school food authority may permit a requirement that a covered child deliver a letter addressed to a parent or guardian of the covered child that contains a communication described in item (aa), subject to the condition that the letter shall not be distributed to the covered child in a manner that stigmatizes the covered child.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of Agriculture should ensure that-- (1)(A) to the maximum extent practicable, an application for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) is distributed-- (i) in an understandable and uniform format; and (ii) by not later than July 1 each year; and (B) a school food authority offers technical assistance to a parent or legal guardian to complete an application described in subparagraph (A); (2) each school food authority coordinates with-- (A) the local educational agency liaison designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)) to ensure that homeless children and youths eligible to receive free lunches and breakfasts under section 9(b)(12)(A)(iv) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)(iv)) receive those free lunches and breakfasts; and (B) the State agency responsible for administering the State plans under parts B and E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 42 U.S.C. 470 et seq.) to ensure that foster children eligible to receive free lunches and breakfasts under section 9(b)(12)(A)(vii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(12)(A)(vii)) receive those free lunches and breakfasts; and (3) a school food authority that participates in the school lunch program or the school breakfast program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773), respectively-- (A) shall provide to a child who requests a lunch or breakfast a lunch or breakfast, regardless of whether the child-- (i) has money to pay for the lunch or breakfast; or (ii) owes money for a lunch or breakfast; (B) shall not provide to a child who qualifies for a free or reduced price lunch or breakfast an alternate meal that is not provided to students generally; and (C) should explore innovative ways to use technology to improve and coordinate communications with parents and guardians with respect to functions such as-- (i) prepayment for meals; (ii) checking balances for school meals; (iii) adding funds to accounts for school meals; (iv) addressing outstanding debt for school meals; and (v) sending automatic emails when an account balance is low.

Anti-Lunch Shaming Act of 2017 This bill amends the Richard B. Russell National School Lunch Act to establish requirements for the treatment of a child who is a student at a school participating in the National School Lunch Program or the School Breakfast Program and is unable to pay for a meal at the school. The bill applies to a child who either does not have funds to pay for a meal or has outstanding credit that was extended by a school food authority (SFA). A SFA may not permit public identification or stigmatization of the child, such as by requiring a wristband or hand stamp. The child also may not be required to: (1) perform chores or activities that are not required of students generally, or (2) dispose of food after it has been served to the child. Any communication related to outstanding credit must be directed to the child's parent or guardian. A child may be required to deliver a letter regarding outstanding credit that is addressed to a parent or guardian if the letter is not distributed to the child in a manner that stigmatizes the child. The bill also expresses the sense of Congress regarding several issues regarding the administration of the school meal programs.

Anti-Lunch Shaming Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Mitigation Activities and Resiliency Targets for Rebuilding Act'' or the ``SMART Rebuilding Act''. SEC. 2. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES. Section 406(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting after paragraph (2) the following: ``(3) Increased federal share.-- ``(A) Incentive measures.--The President may provide incentives to a State or Tribal government to invest in measures that increase readiness for, and resilience from, a major disaster by recognizing such investments through a sliding scale that increases the minimum Federal share to not more than 85 percent. Such measures may include-- ``(i) the adoption of a mitigation plan approved under section 322; ``(ii) investments in disaster relief, insurance, and emergency management programs; ``(iii) encouraging the adoption and enforcement of nationally recognized design standards that establish minimum acceptable criteria for the design, construction, and maintenance of eligible facilities for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters; ``(iv) facilitating participation in the community rating system; and ``(v) funding mitigation projects or granting tax incentives for projects that reduce risk. ``(B) Comprehensive guidance.--Not later than 1 year after the date of enactment of this paragraph, the President, acting through the Administrator, shall issue comprehensive guidance to States and Tribal governments regarding the measures and investments that will be recognized for the purpose of increasing the Federal share under this section. ``(C) Report.--One year after the issuance of the guidance required by subparagraph (B), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis of the Federal cost shares paid under this section.''. SEC. 3. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION. Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended-- (1) in subsection (c) by inserting ``Public'' after ``the National''; (2) in subsection (e)(1)(B)-- (A) by striking ``or'' at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ``; or''; and (C) by adding at the end the following: ``(iv) to establish and carry out enforcement activities to implement nationally recognized design standards that establish minimum acceptable criteria for the design, construction, and maintenance of eligible facilities for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters.''; (3) in subsection (f)-- (A) in paragraph (1) by inserting ``for mitigation activities that are cost effective'' after ``competitive basis''; (B) by adding at the end the following: ``(3) Redistribution of unobligated amounts.--The President shall-- ``(A) withdraw amounts of financial assistance made available to a State (including amounts made available to local governments of a State) under paragraph (2) that remain unobligated by the end of the third fiscal year after the fiscal year for which the amounts were allocated; and ``(B) in the subsequent fiscal year, add the funds to the financial assistance available to be awarded on a competitive basis referred to in paragraph (1).''; (4) in subsection (g)-- (A) in paragraph (9) by striking ``and'' at the end; (B) by redesignating paragraph (10) as paragraph (12); and (C) by adding after paragraph (9) the following: ``(10) the extent to which the State or local government has facilitated the adoption and enforcement of nationally recognized design standards that establish criteria for the design, construction, and maintenance of eligible facilities for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters; ``(11) the extent to which the assistance will fund activities that increase the level of resiliency; and''; (5) by striking subsection (i) and inserting the following: ``(i) National Public Infrastructure Predisaster Mitigation Fund.-- ``(1) Establishment.--The President may establish in the Treasury of the United States a separate account called the National Public Infrastructure Predisaster Mitigation Fund (in this section referred to as the `Predisaster Mitigation Fund'), which shall be used exclusively to carry out this section, with amounts in such account to be available until expended unless otherwise provided. ``(2) Transfers to predisaster mitigation fund.-- ``(A) In general.--There shall be deposited in the Predisaster Mitigation Fund with respect to each disaster declared on or after August 1, 2017, an additional amount equal to 6 percent of the estimated aggregate amount of grants to be made pursuant to section 406. ``(B) Estimated aggregate amount.--Not later than 180 days after each major disaster declaration, the estimated aggregate amount of grants to be deposited in such Fund shall be determined and need not be reduced, increased, or changed due to variations in estimates.''; and (6) by striking subsection (m). SEC. 4. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT. Section 406(a)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following: ``(D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared.''. SEC. 5. ADDITIONAL MITIGATION ACTIVITIES. (a) Hazard Mitigation Clarification.--Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended by striking the first sentence and inserting the following: ``The President may contribute not more than 75 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster.''. (b) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) is amended-- (1) in the matter preceding clause (i), by inserting after ``section'' the following: ``for disasters declared on or after August 1, 2017, or disasters where a cost estimate has not yet been finalized for a project''; (2) in clause (i), by striking ``and''; (3) in clause (ii)-- (A) by striking ``codes, specifications, and standards'' and inserting ``the latest nationally recognized design codes, specifications and standards that establish minimum acceptable criteria for the design, construction, and maintenance of facilities for the purposes of protecting the health, safety, and general welfare of a facility's users against disasters''; (B) by striking ``applicable at the time at which the disaster occurred''; and (C) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(iii) in a manner that allows the facility to meet the definition of resilient developed pursuant this subsection.''. (c) New Rules.--Section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)) is amended by adding at the end the following: ``(5) New rules.-- ``(A) In general.--Not later than 18 months after the date of enactment of this paragraph, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue a final rulemaking that defines the terms `resilient' and `resiliency' for purposes of this subsection. ``(B) Guidance.--Not later than 90 days after the date on which the Administrator issues the final rulemaking under this paragraph, the Administrator shall issue any necessary guidance related to the rulemaking. ``(C) Report.--Not later than 2 years after the date of enactment of this paragraph, the Administrator shall submit to Congress a report summarizing the regulations and guidance issued pursuant to this paragraph.''.

Supporting Mitigation Activities and Resiliency Targets for Rebuilding Act or the SMART Rebuilding Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide incentives to invest in measures that increase readiness for, and resilience from, a major disaster. The Federal Emergency Management Agency (FEMA) must issue comprehensive guidance on measures and investments that will be recognized for the purpose of increasing the federal share of disaster assistance. The bill authorizes the President to: (1) establish a National Public Infrastructure Predisaster Mitigation Fund which may be used for activities to implement design standards to protect the welfare of buildings' users against disasters, and (2) contribute to state and local governments for their associated expenses which shall include base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared. The President may contribute up to 75% of the cost of hazard mitigation measures determined to be cost-effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster.

Supporting Mitigation Activities and Resiliency Targets for Rebuilding Act

. (a) In General.--There shall be in the Department an Office of Peaceful Coexistence and Nonviolent Conflict Resolution, the head of which shall be the Assistant Secretary for Peaceful Coexistence and Nonviolent Conflict Resolution. The Assistant Secretary for Peaceful Coexistence and Nonviolent Conflict Resolution shall carry out those functions in the Department affecting research and analysis relating to creating, initiating, and modeling approaches to peaceful coexistence and nonviolent conflict resolution. (b) Responsibilities.--The Assistant Secretary for Peaceful Coexistence and Nonviolent Conflict Resolution shall-- (1) commission or compile studies on the impact of war, especially on the physical and mental condition of children (using the ten-point anti-war agenda in the United Nations Childrens Fund report, State of the World's Children 1996, as a guide), which shall include the study of the effect of war on the environment and public health; (2) compile information on effective community peacebuilding activities and disseminate such information to local governments and non-governmental organizations in the United States and abroad; (3) commission or compile research on the effect of violence in the media and make such reports available to the Congress annually; (4) publish a monthly journal of the activities of the Department and encourage scholarly participation; and (5) sponsor conferences throughout the United States to create awareness of the work of the Department. SEC. 110. OFFICE OF HUMAN RIGHTS AND ECONOMIC RIGHTS. (a) In General.--There shall be in the Department an Office of Human Rights and Economic Rights, the head of which shall be the Assistant Secretary for Human Rights and Economic Rights. The Assistant Secretary for Human Rights and Economic Rights shall carry out those functions in the Department that support the principles of the Universal Declaration of Human Rights passed by the General Assembly of the United Nations on December 10, 1948. (b) Responsibilities.--The Assistant Secretary for Human Rights and Economic Rights shall-- (1) assist the Secretary, in cooperation with the Secretary of State, in furthering the incorporation of the principles of human rights, as enunciated in the United Nations General Assembly Resolution 217A (III) of December 10, 1948, into all agreements between the United States and other nations to help reduce the causes of violence; (2) gather information on and document human rights abuses, both domestically and internationally, and recommend to the Secretary nonviolent responses to correct abuses; (3) make such findings available to other agencies in order to facilitate nonviolent conflict resolution; (4) provide trained observers to work with non-governmental organizations for purposes of creating a climate that is conducive to the respect for human rights; (5) conduct economic analyses of the scarcity of human and natural resources as a source of conflict and make recommendations to the Secretary for nonviolent prevention of such scarcity, nonviolent intervention in case of such scarcity, and the development of programs to assist people facing such scarcity, whether due to armed conflict, maldistribution of resources, or natural causes; (6) assist the Secretary, in cooperation with the Secretary of State and the Secretary of the Treasury, in developing strategies regarding the sustainability and the management of the distribution of funds from international agencies, the conditions regarding the receipt of such funds, and the impact of those conditions on the peace and stability of the recipient nations; (7) assist the Secretary, in cooperation with the Secretary of State and the Secretary of Labor, in developing strategies to promote full compliance with domestic and international labor rights law; and (8) conduct policy analysis to ensure that the international development investments of the United States positively impact the peace and stability of the recipient nation. SEC. 111. INTERGOVERNMENTAL ADVISORY COUNCIL ON PEACE. (a) In General.--There shall be in the Department an advisory committee known as the Intergovernmental Advisory Council on Peace (hereinafter in this Act referred to as the ``Council''). The Council shall provide assistance and make recommendations to the Secretary and the President concerning intergovernmental policies relating to peace and nonviolent conflict resolution. (b) Responsibilities.--The Council shall-- (1) provide a forum for representatives of Federal, State, and local governments to discuss peace issues; (2) promote better intergovernmental relations and offer professional mediation services to resolve intergovernmental conflict as needed; and (3) submit, biennially or more frequently if determined necessary by the Council, a report to the Secretary, the President, and the Congress reviewing the impact of Federal peace activities on State and local governments. SEC. 112. CONSULTATION REQUIRED. (a) Consultation in Cases of Conflict.--(1) In any case in which a conflict between the United States and any other government or entity is imminent or occurring, the Secretary of Defense and the Secretary of State shall consult with the Secretary concerning nonviolent means of conflict resolution. (2) In any case in which such a conflict is ongoing or recently concluded, the Secretary shall conduct independent studies of diplomatic initiatives undertaken by the United States and other parties to the conflict. (3) In any case in which such a conflict has recently concluded, the Secretary shall assess the effectiveness of those initiatives in ending the conflict. (4) The Secretary shall establish a formal process of consultation in a timely manner with the Secretary of the Department of State and the Secretary of Defense-- (A) prior to the initiation of any armed conflict between the United States and any other nation; and (B) for any matter involving the use of Department of Defense personnel within the United States. (b) Consultation in Drafting Treaties and Agreements.--The executive branch shall consult with the Secretary in drafting treaties and peace agreements. SEC. 113. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act for a fiscal year beginning after the date of the enactment of this Act $10,000,000,000 for each fiscal year. Of the amounts appropriated pursuant to such authorization, at least 85 percent shall be used for domestic peace programs, including administrative costs associated with such programs. TITLE II--ADMINISTRATIVE PROVISIONS AND TRANSFERS OF AGENCY FUNCTIONS SEC. 201. STAFF. The Secretary may appoint and fix the compensation of such employees as may be necessary to carry out the functions of the Secretary and the Department. Except as otherwise provided by law, such employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5 of the United States Code. SEC. 202. TRANSFERS. There are hereby transferred to the Department the functions, assets, and personnel of-- (1) the Peace Corps; (2) the United States Institute of Peace; (3) the Office of the Under Secretary for Arms Control and International Security Affairs of the Department of State; (4) the Gang Resistance Education and Training Program of the Bureau of Alcohol, Tobacco and Firearms; and (5) the SafeFutures program of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice. SEC. 203. CONFORMING AMENDMENTS. Not later than 90 days after the date of the enactment of this Act, the Secretary shall prepare and submit to Congress proposed legislation containing any necessary and appropriate technical and conforming amendments to the laws of the United States to reflect and carry out the provisions of this Act. TITLE III--FEDERAL INTERAGENCY COMMITTEE ON PEACE SEC. 301. FEDERAL INTERAGENCY COMMITTEE ON PEACE. There is established a Federal Interagency Committee on Peace (hereinafter in this Act referred to as the ``Committee''). The Committee shall-- (1) assist the Secretary in providing a mechanism to assure that the procedures and actions of the Department and other Federal agencies are fully coordinated; and (2) study and make recommendations for assuring effective coordination of Federal programs, policies, and administrative practices affecting peace. TITLE IV--PEACE DAY SEC. 401. PEACE DAY. The Secretary shall encourage citizens to observe and celebrate the blessings of peace and endeavor to create peace on a Peace Day. Such day shall include discussions of the professional activities and the achievements in the lives of peacemakers.

Department of Peace Act - Establishes a Department of Peace, which shall be headed by a Secretary of Peace (Secretary). Sets forth the mission of the Department, including: (1) cultivation of peace as a national policy objective; and (2) development of policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful conflict resolution, and structured conflict mediation. Establishes in the Department: (1) the Office of Peace Education and Training; (2) the Office of Domestic Peace Activities; (3) the Office of International Peace Activities; (4) the Office of Technology for Peace; (5) the Office of Arms Control and Disarmament; (6) the Office of Peaceful Coexistence and Nonviolent Conflict Resolution; (7) the Office of Human Rights and Economic Rights; and (8) the Intergovernmental Advisory Council on Peace. Directs the Secretary of Defense and the Secretary of State to consult with the Secretary concerning nonviolent means of conflict resolution when a conflict between the United States and any other government or entity is imminent or occurring. Transfers to the Department the functions, assets, and personnel of various federal agencies. Establishes the Federal Interagency Committee on Peace. Directs the Secretary to encourage citizens to celebrate the blessings of peace and endeavor to create peace on a Peace Day.

To establish a Department of Peace.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Insurance Premiums for Disabled Veterans Act''. SEC. 2. REDUCTION IN SERVICE-DISABLED VETERANS INSURANCE PREMIUMS. (a) In General.--Section 1922(a) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(a)''; and (2) by striking the fourth sentence and all that follows and inserting the following: ``(2) Insurance granted under this section shall be issued upon the same terms and conditions as are contained in the standard policies of National Service Life Insurance, except that-- ``(A) the premium rates for such insurance-- ``(i) for premiums for months beginning before the date of the enactment of the Fair Insurance Premiums for Disabled Veterans Act shall be based on the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for premiums for months beginning on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4.5 percent per year; ``(B) all cash, loan, paid-up, and extended values-- ``(i) for a policy issued under this section before the date of the enactment of the Fair Insurance Premiums for Disabled Veterans Act shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2\1/4\ percent per year; and ``(ii) for a policy issued under this section on or after that date shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality and interest at the rate of 4.5 percent per year; ``(C) all settlements on policies involving annuities shall be calculated on the basis of the Annuity Table for 1949, and interest at the rate of 2\1/4\ percent per year; ``(D) insurance granted under this section shall be on a nonparticipating basis; ``(E) all premiums and other collections for insurance under this section shall be credited directly to a revolving fund in the Treasury of the United States; and ``(F) any payments on such insurance shall be made directly from such fund. ``(3) Appropriations to the fund referred to in subparagraphs (E) and (F) of paragraph (2) are hereby authorized. ``(4) As to insurance issued under this section, waiver of premiums pursuant to section 602(n) of the National Service Life Insurance Act of 1940 and section 1912 of this title shall not be denied on the ground that the service-connected disability became total before the effective date of such insurance. ``(5) Administrative costs to the Government for the costs of the program of insurance under this section shall be paid from amounts credited to the fund under subparagraph (E) of paragraph (2), and payments for claims against the fund for amounts in excess of amounts credited to the fund under that subparagraph (after such administrative costs have been paid) shall be paid from appropriations to the fund.''. (b) Conforming Amendment.--Section 1982 of such title is amended by inserting ``1922(a)(5),'' after ``1920(c),''. SEC. 3. INCREASE IN MAXIMUM COVERAGE UNDER VETERANS' MORTGAGE LIFE INSURANCE PROGRAM TO $200,000. (a) Increase.--Subsection (b) of section 2106 of title 38, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by designating the second, third, and fourth sentences as paragraphs (2), (3), and (4), respectively; (3) in paragraph (1), as designated by paragraph (1) of this subsection, by striking ``may not exceed'' and all that follows through ``on the housing unit.'' and inserting ``shall be the amount of the loan outstanding on the housing unit, except that-- ``(A) coverage may not exceed $200,000; and ``(B) a veteran may elect, in writing, to be covered for less than the maximum coverage available.''; and (4) in paragraph (2), as designated by paragraph (2) of this subsection, by striking ``of such insurance'' and inserting ``of insurance provided a veteran under this section''. (b) Conforming Amendment.--Subsection (g) of such section is amended by striking ``of this section or'' and inserting ``or an election under that subsection or by''. (c) Effective Date.--The amendments made by subsection (a) shall take effect at the end of the 120-day period beginning on the date of the enactment of this Act.

Fair Insurance Premiums for Disabled Veterans Act - Amends Federal provisions concerning service-disabled veterans' life insurance to state that the premium rates for such insurance: (1) for months beginning before the date of enactment of this Act shall be based upon the Commissioners 1941 Standard Ordinary Table of Mortality and interest at the rate of 2 and one-fourth percent per year; and (2) for months beginning on or after the date of enactment of this Act shall be based upon the 2001 Commissioners Standard Ordinary Table of Mortality at a four and one-half percent interest rate. Makes the same changes with respect to all policy cash, loan, paid-up, and extended values. Increases from $90,000 to $200,000 the maximum amount of veterans' mortgage life insurance coverage.

To amend title 38, United States Code, to make improvements to certain life insurance programs, administered by the Secretary of Veterans Affairs for veterans with service-connected disabilities, and for other purposes.

SECTION 1. WORKERS' COMPENSATION. (a) Amendments.-- (1) Section 325 of the Legislative Branch Appropriations Act, 1993 (Public Law 102-392) is repealed. (2) Section 504(d) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1854(d)) is amended to read as follows: ``(d)(1) Notwithstanding any other provisions of this Act, where a State workers' compensation law is applicable and coverage is provided for a migrant or seasonal agricultural worker, the workers' compensation benefits shall be the exclusive remedy for loss of such worker under this Act in the case of bodily injury or death in accordance with such State's workers' compensation law. ``(2) The exclusive remedy prescribed by paragraph (1) precludes the recovery under subsection (c) of actual damages for loss from an injury or death but does not preclude recovery under subsection (c) for statutory damages or equitable relief, except that such relief shall not include back or front pay or in any manner, directly or indirectly, expand or otherwise alter or affect (A) a recovery under a State workers' compensation law or (B) rights conferred under a State workers' compensation law.''. (b) Effective Date.--The amendment made by subsection (a)(2) shall apply to all cases in which a final judgment has not been entered. SEC. 2. EXPANSION OF STATUTORY DAMAGES. (a) Amendment.--Section 504 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1854) is amended by adding after subsection (D) the following: ``(e) If the court finds in an action which is brought by or for a worker under subsection (a) in which a claim for actual damages is precluded because the workers' injury is covered by a State workers' compensation law as provided by subsection (d) that-- ``(1)(A) the defendant in the action violated section 401(b) by knowingly requiring or permitting a driver to drive a vehicle for the transportation of migrant or seasonal agricultural workers while under the influence of alcohol or a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) and the defendant had actual knowledge of the driver's condition, and ``(B) such violation resulted in injury to or death of the migrant or seasonal worker by or for whom the action was brought and such injury or death arose out of and in the course of employment as determined under the State workers' compensation law, ``(2)(A) the defendant violated a safety standard prescribed by the Secretary under section 401(b) which the defendant was determined in a previous judicial or administrative proceeding to have violated, and ``(B) such safety violation resulted in an injury or death described in paragraph (1)(B), ``(3)(A)(i) the defendant willfully disabled or removed a safety device prescribed by the Secretary under section 401(b), or ``(ii) the defendant in conscious disregard of the requirements of section 401(b) failed to provide a safety device required under such section, and ``(B) such disablement, removal, or failure to provide a safety device resulted in an injury or death described in paragraph (1)(B), or ``(4)(A) the defendant violated a safety standard prescribed by the Secretary under section 401(b), ``(B) such safety violation resulted in an injury or death described in paragraph (1)(B), and ``(C) the defendant at the time of the violation of section 401(b) also was-- ``(i) an unregistered farm labor contractor in violation of section 101(a), or ``(ii) a person who utilized the services of a farm labor contractor of the type specified in clause (i) without taking reasonable steps to determine that the farm labor contractor possessed a valid certificate of registration authorizing the performance of the farm labor contracting activities which the contractor was requested by or permitted to perform with the knowledge of such person, the court shall award not more than $10,000 per plaintiff per violation with respect to whom the court made the finding described in paragraph (1), (2), (3), or (4), except that multiple infractions of a single provision of this Act shall constitute only one violation for purposes of determining the amount of statutory damages due to a plaintiff under this subsection and in the case of a class action, the court shall award not more than the lesser of up to $10,000 per plaintiff or up to $500,000 for all plaintiffs in such class action.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to all cases in which a final judgment has not been entered. SEC. 3. TOLLING OF STATUTE OF LIMITATIONS. Section 504 of the Migrant and Seasoned Agricultural Worker Protection Act (29 U.S.C. 1854), as amended by section 2, is amended by adding after subsection (e) the following: ``(f) If it is determined under a State workers' compensation law that the workers' compensation law is not applicable to a claim for bodily injury or death of a migrant or seasonal agricultural worker, the statute of limitations for bringing an action for actual damages for such injury or death under subsection (a) shall be tolled for the period during which the claim for such injury or death under such State workers' compensation law was pending. The statute of limitations for an action for other actual damages, statutory damages or equitable relief arising out of the same transaction or occurrence as the injury or death of the migrant or seasonal agricultural worker shall be tolled for the period during which the claim for such injury or death was pending under the State workers' compensation law.''. SEC. 4. DISCLOSURE OF WORKERS' COMPENSATION COVERAGE. (a) Migrant Workers.--Section 201(a) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1821(a)) is amended by striking ``and'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``; and'', and by adding after paragraph (7) the following: ``(8) whether State workers' compensation insurance is provided, and, if so, the name of the State workers' compensation insurance carrier, the name of the policyholder of such insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. Compliance with the disclosure requirement of paragraph (8) for a migrant agricultural worker may be met if such worker is given a photocopy of any notice regarding workers' compensation insurance required by law of the State in which such worker is employed. Such worker shall be given such disclosure at the time of recruitment or if sufficient information is unavailable at that time, at the earliest practicable time but in no event later than the commencement of work.''. (b) Seasonal Workers.--Section 301(a)(1) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1831(a)(1)) is amended by striking ``and'' at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ``; and'', and by adding after subparagraph (G) the following: ``(H) whether State workers' compensation in insurance is provided, and, if so, the name of the State workers' compensation insurance carrier, the name of the policyholder of such insurance, the name and the telephone number of each person who must be notified of an injury or death, and the time period within which such notice must be given. Compliance with the disclosure requirement of subparagraph (H) may be met if such worker is given, upon request, a photocopy of any notice regarding workers' compensation insurance required by law of the State in which such worker is employed.''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect upon the expiration of 90 days after the date final regulations are issued by the Secretary of Labor to implement such amendments. SEC. 5. LIABILITY INSURANCE. (a) Amendment.--Section 401(b)(3) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1841(b)(3)) is amended to read as follows: ``(3) The level of insurance required under paragraph (1)(C) shall be determined by the Secretary considering at least the factors set forth in paragraph (2)(B) and similar farmworker transportation requirements under State law.''. (b) Regulations.--Within 180 days of the date of the enactment of this Act, the Secretary of Labor shall promulgate regulations establishing insurance levels under section 401(b)(3) of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1841(b)(3)) as amended by subsection (a). (c) Effective Date.--The amendment made by subsection (a) takes effect upon the expiration of 180 days after the date of enactment of this Act or upon the issuance of final regulations under subsection (b), whichever occurs first.

Repeals provisions of the Legislative Branch Appropriations Act, 1993 which amended the Migrant and Seasonal Agricultural Worker Protection Act with respect to applicable State workers' compensation laws. Amends the Migrant and Seasonal Agricultural Worker Protection Act (MSAWPA) to make State workers' compensation laws, which are applicable to and provide coverage for a migrant or seasonal agricultural worker, the exclusive remedy for actual damages for loss from an injury or death of such a worker, for all cases in which a final judgment has not been entered. Provides that this does not preclude recovery under such Act for statutory damages or relief (except that such relief may not include back or front pay or in any manner expand or otherwise alter or affect a recovery or rights conferred under a State workers' compensation law. Increases statutory damages under MSAWPA under certain limited circumstances. Provides for tolling of the statute of limitations on actions brought under MSAWPA during the time period in which a claim under State workers' compensation was pending. Requires disclosure of information regarding workers' compensation coverage to migrant or seasonal agricultural workers. Directs the Secretary of Labor to determine, considering specified factors, the level of liability insurance required of employers engaged in transportation of migrant or seasonal agricultural workers.

A bill respecting the relationship between workers' compensation benefits and the benefits available under the Migrant and Seasonal Agricultural Worker Protection Act.

SECTION 1. FINDINGS. Congress finds that-- (1) employees working on Cold War-era nuclear weapons were employed in hundreds of facilities owned by the Federal Government and private sector producing and processing radioactive materials for use in the nuclear weapons program of the United States beginning in the mid-1940's; (2) those atomic workers helped to build the nuclear arsenal that served as a deterrent to the Soviet Union during the Cold War, but many paid a high price in terms of their health; (3) during the Cold War, many atomic workers were exposed to radiation and placed in harm's way by the Department of Energy and contractors, subcontractors, and vendors of the Department-- (A) without the knowledge and consent of the workers; (B) without adequate radiation monitoring; and (C) without necessary protections from internal or external occupational radiation exposures; (4) due to the inequities posed by the factors described in paragraph (3) and the resulting potential harm, Congress legislatively designated classes of Cold War-era workers at the Paducah, Kentucky, Portsmouth, Ohio, Oak Ridge K-25, and the Amchitka Island test sites as members of the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.); (5)(A) the contribution of the State of New York to the security of the United States throughout the Cold War was very significant; and (B) New York is home to 36 former atomic weapons employer facilities and sites of the Department of Energy that produced and processed radioactive materials, carried out classified research, operated nuclear reactors, and processed high level nuclear waste, 14 of which are located in the western region of New York; (6) research by the Department of Energy, the National Institute for Occupational Safety and Health, the Advisory Board on Radiation and Worker Health, and congressional committees indicates that-- (A) workers at certain facilities were not adequately monitored for internal or external exposures to ionizing radiation to which the workers were exposed during the 1940's to 1960's; and (B) at other facilities, records were not maintained, are not reliable, or fail to measure the radioactive isotopes to which workers were exposed; (7) at Bethlehem Steel in Lackawanna, New York, an atomic weapons employer facility (as defined in section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l)), no personal radiation dosimetry monitoring records are available; (8) if it is determined that it is not feasible to estimate radiation dose with sufficient accuracy and there is a reasonable likelihood that a class of workers may have been endangered, the Secretary of Health and Human Services is authorized, after receiving advice from the Advisory Board on Radiation and Worker Health, to designate additional classes of workers as members of the Special Exposure Cohort under section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q); (9) the Secretary of Health and Human Services promulgated regulations on May 28, 2004, to establish procedures for classes of individuals to petition for membership in the Special Exposure Cohort; (10) section 3626(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q(b)) provides for the designation of an additional class of employees in the Special Exposure Cohort if it is not feasible to estimate with sufficient accuracy the radiation dose that the class received and there is a reasonable likelihood that the radiation dose may have endangered the health of members of the class; and (11) legislation is needed to provide additional parameters to the Secretary of Health and Human Services and the Advisory Board on Radiation and Worker Health for evaluating petitions for the Special Exposure Cohort in cases in which there is limited or nonexistent individual radiation exposure monitoring or an absence of records. SEC. 2. ADDITION OF CLASSES OF FORMER NUCLEAR WEAPONS PROGRAM WORKERS IN THE SPECIAL EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM. Section 3626(b) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q(b)) is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating paragraph (2) as subparagraph (B); (3) by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following: ``(2)(A) subject to subparagraph (B), in the case of a class of employees employed at an atomic weapons employer facility or a Department of Energy facility during a period (in the aggregate) of at least 250 days (or a shorter duration connected to discrete events, as determined by the Secretary) during which-- ``(i) the employees in the class had the potential for exposure to occupational ionizing radiation from production or processing materials related to atomic weapons, or engaged in research, development, testing, assembly, disassembly, decontamination, decommissioning, or waste management, or work related to such activities; and ``(ii)(I) fewer than 50 percent of the employees in the class were individually monitored on a regular basis (using reliable methods and procedures) under a formal health physics program for exposure to internal and external ionizing radiation for the types of radiation and specific radioactive isotopes to which the employees had the potential for exposure during the period when the employees were exposed; ``(II) individual internal and external exposure records for the types of radiation and specific radioactive isotopes to which the employees in the class were potentially exposed at the facility during the period when the employees were exposed are nonexistent or are not available; or ``(III) to the extent that a portion of individual internal or external records are available for the period from the facility, individual radiation doses cannot be reliably determined for greater than \2/3\ of the employees in the class using the individual internal and external monitoring records from the facility; and ``(B) in the case of a class of employees employed at a facility for which the National Institute for Occupational Safety and Health has updated the report and made the determination described in section 3169(b)(4) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 42 U.S.C. 7384 note) during a period determined under the report, during which (as determined by the Secretary) the employees at the facility met the criteria described in clauses (i) and (ii) of subparagraph (A).''. SEC. 3. REGULATIONS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall modify the regulations and procedures of the Secretary relating to the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) to conform the regulations and procedures to section 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as amended by section 2). (b) Bethlehem Steel Site.-- (1) Initiation of petition.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall initiate a petition to include workers employed at the Bethlehem Steel site in Lackawanna, New York as a class to be included in the Special Exposure Cohort in accordance with section 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as amended by section 2). (2) Evaluation.--The evaluation of the petition shall be conducted in accordance with section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384q). (c) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that identifies the facilities, classes, and the number of claimants in each class who meet the criteria established under section 3626(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (as amended by section 2) for membership in the Special Exposure Cohort.

Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program. Directs the Secretary of Health and Human Services to: (1) modify regulations and procedures to conform to amendments under this Act; and (2) initiate a petition to include workers employed at the Bethlehem Steel site in Lackawanna, New York, as a class to be included in the Special Exposure Cohort.

To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain former nuclear weapons program workers in the Special Exposure Cohort under the energy employees occupational illness compensation program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Contractor Accountability Act of 2007''. SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL. (a) Clarification of the Military Extraterritorial Jurisdiction Act.-- (1) Inclusion of contractors.--Subsection (a) of section 3261 of title 18, United States Code, is amended-- (A) by striking ``or'' at the end of paragraph (1); (B) by striking the comma at the end of paragraph (2) and inserting ``; or''; and (C) by inserting after paragraph (2) the following: ``(3) while employed under a contract (or subcontract at any tier) awarded by any department or agency of the United States, where the work under such contract is carried out in an area, or in close proximity to an area (as designated by the Department of Defense), where the Armed Forces is conducting a contingency operation,''. (2) Definition.--Section 3267 of title 18, United States Code, is amended by adding at the end the following: ``(5) The term `contingency operation' has the meaning given such term in section 101(a)(13) of title 10.''. (b) Department of Justice Inspector General Report.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall submit to Congress a report in accordance with this subsection. (2) Content of report.--The report under paragraph (1) shall include-- (A) a description of the status of Department of Justice investigations of alleged violations of section 3261 of title 18, United States Code, to have been committed by contract personnel, which shall include-- (i) the number of complaints received by the Department of Justice; (ii) the number of investigations into complaints opened by the Department of Justice; (iii) the number of criminal cases opened by the Department of Justice; and (iv) the number and result of criminal cases closed by the Department of Justice; and (B) findings and recommendations about the number of criminal cases prosecuted by the Department of Justice involving violations of section 3261 of title 18, United States Code. (3) Format of report.--The report under paragraph (1) shall be submitted in unclassified format, but may contain a classified annex as appropriate. SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGATIVE UNIT FOR CONTINGENCY OPERATIONS. (a) Establishment of Theater Investigative Unit.--The Director of the Federal Bureau of Investigation shall ensure that there are adequate personnel through the creation of Theater Investigative Units to investigate allegations of criminal violations of section 3261 of title 18, United States Code, by contract personnel. (b) Responsibilities of Theater Investigative Unit.--The Theater Investigative Unit established for a theater of operations shall-- (1) investigate reports that raise reasonable suspicion of criminal misconduct by contract personnel; (2) investigate reports of fatalities resulting from the use of force by contract personnel; and (3) upon conclusion of an investigation of alleged criminal misconduct, refer the case to the Attorney General of the United States for further action, as appropriate in the discretion of the Attorney General. (c) Responsibilities of Federal Bureau of Investigation.-- (1) Resources.--The Director of the Federal Bureau of Investigation shall ensure that each Theater Investigative Unit has adequate resources and personnel to carry out its responsibilities. (2) Notification.--The Director of the Federal Bureau of Investigation shall notify Congress whenever a Theater Investigative Unit is established or terminated in accordance with this section. (d) Responsibilities of Other Federal Agencies.--An agency operating in an area, or in close proximity to an area (as designated by the Department of Defense), where the Armed Forces is conducting a contingency operation shall cooperate with and support the activities of the Theater Investigative Unit. Any investigation carried out by the Inspector General of an agency shall be coordinated with the activities of the Theater Investigative Unit as appropriate. SEC. 4. DEFINITIONS. In this Act: (1) Covered contract.--The term ``covered contract'' means an agreement-- (A) that is-- (i) a prime contract awarded by an agency; (ii) a subcontract at any tier under any prime contract awarded by an agency; or (iii) a task order issued under a task or delivery order contract entered into by an agency; and (B) according to which the work under such contract, subcontract, or task order is carried out in a region outside the United States in which the Armed Forces are conducting a contingency operation. (2) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code. (3) Contingency operation.--The term ``contingency operation'' has the meaning given the term section 101(13) of title 10, United States Code. (4) Contractor.--The term ``contractor'' means an entity performing a covered contract. (5) Contract personnel.--The term ``contract personnel'' means persons assigned by a contractor (including subcontractors at any tier) to perform work under a covered contract. SEC. 5. EFFECTIVE DATE. (a) Applicability.--The provisions of this Act shall apply to all covered contracts and all covered contract personnel in which the work under the contract is carried out in an area, or in close proximity to an area (as designated by the Department of Defense), where the Armed Forces is conducting a contingency operation on or after the date of the enactment of this Act. (b) Immediate Effectiveness.--The provisions of this Act shall enter into effect immediately upon the enactment of this Act. (c) Implementation.--With respect to covered contracts and covered contract personnel discussed in subsection (a)(1), the Director of the Federal Bureau of Investigation, and the head of any other agency to which this Act applies, shall have 90 days after the date of the enactment of this Act to ensure compliance with the provisions of this Act.

Security Contractor Accountability Act of 2007 - Provides that persons who, while employed under a federal agency contract in or in close proximity to an area where the Armed Forces are conducting a contingency operation, engage in conduct that would constitute an offense punishable by imprisonment for more than one year if engaged in within U.S. jurisdiction shall be punished as provided for that offense. Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on the status of the Department's investigations of violations alleged to have been committed by contract personnel and findings and recommendations about the Department's capacity and effectiveness in prosecuting misconduct by contract personnel. Requires the Director of the Federal Bureau of Investigation (FBI) to ensure, through the creation of Theater Investigative Units, that there are adequate personnel to investigate allegations of criminal violations by contract personnel.

A bill to require accountability for contractors and contract personnel under Federal contracts, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Las Cienegas Enhancement Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation area.--The term ``Conservation Area'' means the Las Cienegas National Conservation Area. (2) County.--The term ``County'' means Pima County, Arizona. (3) Federal land.--The term ``Federal land'' means the Sahuarita parcel of land, as generally depicted on the map entitled ``Las Cienegas Enhancement Act-Federal Land'' and dated May 8, 2006. (4) Landowner.--The term ``landowner'' means Las Cienegas Conservation, LLC. (5) Non-federal land.--The term ``non-Federal land'' means the Empirita-Simonson parcel of land consisting of approximately 2,392 acres, as generally depicted on the map entitled ``Las Cienegas Enhancement Act-Non-Federal Land'' and dated May 8, 2006. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Well site.--The term ``well site'' means a well site that-- (A) consists of approximately 98 acres of land located within the boundaries of the parcel of non- Federal land; and (B) is described in the instrument recorded in docket 12543, pages 5459-5465 of the official records of the County. SEC. 3. LAND EXCHANGE. (a) In General.--If the landowner offers to convey to the Secretary title to the non-Federal land that is acceptable to the Secretary, the Secretary shall-- (1) accept the offer; and (2) simultaneously convey to the landowner all right, title, and interest of the United States in and to the Federal land. (b) Valuation, Appraisals, and Equalization.-- (1) In general.--As of the date of enactment of this Act, the value of the Federal land and the non-Federal land-- (A) shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or (B) if not equal, shall be equalized in accordance with paragraph (3). (2) Appraisals.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Federal land and the non-Federal land shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the landowner. (B) Requirements.--An appraisal under subparagraph (A) shall be-- (i) conducted in accordance with-- (I) the Uniform Appraisal Standards for Federal Land Acquisition; and (II) the Uniform Standards of Professional Appraisal Practice; and (ii) submitted to the Secretary for approval. (3) Cash equalization payments.-- (A) In general.--If the value of the Federal land and the non-Federal land is not equal, the value may be equalized by-- (i) the Secretary by making a cash equalization payment to the landowner; or (ii) the landowner by making a cash equalization payment to the Secretary. (B) Amount.--Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment under subparagraph (A)(ii) in an amount that exceeds 25 percent of the value of the Federal land. (C) Disposition and use of proceeds.-- (i) Disposition of proceeds.--Any cash equalization payments received by the Secretary under subparagraph (A)(ii) shall be deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)). (ii) Use of proceeds.--Amounts deposited under clause (i) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land and interests in land in southern Arizona. (c) Conditions of Conveyance.-- (1) In general.--As a condition of the conveyance of the Federal land to the landowner, the landowner shall-- (A) pay the costs of carrying out the exchange of the Federal land and the non-Federal land under this section, including any direct costs relating to any environmental reviews and any required mitigation of the Federal land; (B) enter into an agreement with the County to convey to the County the well site; and (C) relinquish to the County any water rights to the well site held by the landowner. (2) Valid existing rights.--The exchange of Federal land and non-Federal land shall be subject to any easements, rights- of-way, and other valid encumbrances in existence on the date of enactment of this Act. (d) Legal Descriptions.--The Secretary and the landowner may mutually agree to-- (1) correct minor errors in the legal descriptions of the Federal land and the non-Federal land; or (2) make minor adjustments to the boundaries of the Federal land and the non-Federal land. (e) Deadline for Completion of Exchange.--It is the intent of Congress that the land exchange under this section shall be completed-- (1) not later than 1 year after the date of enactment of this Act; or (2) if there is a dispute with respect to the appraisal, not later than 90 days after the date on which the dispute is resolved. SEC. 4. ADMINISTRATION. (a) Administration of Land Acquired by the United States.--On acquisition by the Secretary, the non-Federal land shall-- (1) become part of the Conservation Area; and (2) be administered by the Secretary in accordance with the laws applicable to national conservation areas. (b) National Conservation Area Boundary Adjustment.--The boundary of the Conservation Area is modified to exclude the 40-acre tract of Bureau of Land Management that is leased to the town of Elgin, Arizona, for a sanitary landfill. (c) Road Access.--Not later than 18 months after the date on which the non-Federal land is acquired by the Secretary, the Secretary shall, in accordance with section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1767), provide to the Secretary of Agriculture a right-of-way through the non-Federal land for motorized public road access to the boundary of the Coronado National Forest.

Las Cienegas Enhancement Act - Requires the Secretary of the Interior, if Las Cienegas Conservation, LLC offers to convey to the Secretary title to the Empirita-Simonson parcel of land (the non-federal land), to accept the offer and simultaneously convey to Las Cienegas Conservation, LLC the Sahuarita parcel of land (the federal land). Requires the values of the federal and non-federal lands exchanged to be equal, as determined by appraisals. Requires Las Cienegas Conservation, LLC, to: (1) pay the costs of carrying out the exchange of such lands; (2) enter into an agreement with Pima County, Arizona, to convey to Pima County a certain well site; and (3) relinquish to Pima County any water rights to such well site held by Las Cienegas Conservation, LLC. Makes the exchange of federal and non-federal land subject to any easements, rights-of-way, and other valid encumbrances in existence on enactment of this Act. Requires the non-federal land, upon acquisition by the Secretary, to become part of the Las Cienegas National Conservation Area. Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract that is leased by the Bureau of Land Management (BLM) to the town of Elgin, Arizona, for a sanitary landfill. Instructs the Secretary to provide to the Secretary of Agriculture a right-of-way through the non-federal land for motorized public road access to the boundary of the Coronado National Forest.

A bill to provide for the exchange of certain Bureau of Land Management land in Pima County, Arizona, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Duplicative and Ineffective Federal Funding Act''. SEC. 2. REPEAL OF THE PROGRAM OF BLOCK GRANTS TO STATES FOR SOCIAL SERVICES. (a) Repeals.--Sections 2001 through 2007 of the Social Security Act (42 U.S.C. 1397-1397f) are repealed. (b) Conforming Amendments.-- (1) Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended-- (A) in paragraph (1), by striking ``any or all of the following provisions of law:'' and all that follows through ``The'' and inserting ``the''; (B) in paragraph (3)-- (i) by striking ``rules'' and all that follows through ``any amount paid'' and inserting ``rules.--Any amount paid''; (ii) by striking ``a provision of law specified in paragraph (1)'' and inserting ``the Child Care and Development Block Grant Act of 1990''; and (iii) by striking subparagraph (B); and (C) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended-- (A) in paragraph (1)(A)-- (i) by striking ``administers or supervises'' and inserting ``administered or supervised''; and (ii) by striking ``subtitle 1 of title XX'' and inserting ``subtitle A of title XX (as in effect before the repeal of such subtitle)''; and (B) in paragraph (2), by striking ``under subtitle 1 of title XX,''. (3) Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (A) in paragraph (4), by striking ``, under subtitle 1 of title XX of this Act,''; and (B) in paragraph (8), by striking ``XIX, or XX'' and inserting ``or XIX''. (4) Section 472(h)(1) of the Social Security Act (42 U.S.C. 672(h)(1)) is amended by striking the 2nd sentence. (5) Section 473(b) of the Social Security Act (42 U.S.C. 673(b)) is amended-- (A) in paragraph (1), by striking ``(3)'' and inserting ``(2)''; (B) in paragraph (4), by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (C) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (6) Section 504(b)(6) of the Social Security Act (42 U.S.C. 704(b)(6)) is amended in each of subparagraphs (A) and (B) by striking ``, XIX, or XX'' and inserting ``or XIX''. (7) Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended by striking the penultimate sentence. (8) Section 1128(h) of the Social Security Act (42 U.S.C. 1320a-7(h)) is amended-- (A) by adding ``or'' at the end of paragraph (2); and (B) by striking paragraph (3) and redesignating paragraph (4) as paragraph (3). (9) Section 1128A(i)(1) of the Social Security Act (42 U.S.C. 1320a-7a(i)(1)) is amended by striking ``or subtitle 1 of title XX''. (10) Section 1132(a)(1) of the Social Security Act (42 U.S.C. 1320b-2(a)(1)) is amended by striking ``XIX, or XX'' and inserting ``or XIX''. (11) Section 1902(e)(13)(F)(iii) of the Social Security Act (42 U.S.C. 1396a(e)(13)(F)(iii)) is amended-- (A) by striking ``Exclusions'' and inserting ``Exclusion''; and (B) by striking ``an agency that determines eligibility for a program established under the Social Services Block Grant established under title XX or''. (12) The heading for title XX of the Social Security Act is amended by striking ``BLOCK GRANTS TO STATES FOR SOCIAL SERVICES'' and inserting ``HEALTH PROFESSIONS DEMONSTRATIONS AND ENVIRONMENTAL HEALTH CONDITION DETECTION''. (13) The heading for subtitle A of title XX of the Social Security Act is amended by striking ``Block Grants to States for Social Services'' and inserting ``Health Professions Demonstrations and Environmental Health Condition Detection''. (14) Section 16(k)(5)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended-- (A) by striking ``, or title XX,''; and (B) by striking ``, 1397 et seq.''. (15) Section 402(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)) is amended by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B). (16) Section 245A(h)(4)(I) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(4)(I)) is amended by striking ``, XVI, and XX'' and inserting ``and XVI''. (17) Section 17 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1766) is amended-- (A) in subsection (a)(2)-- (i) in subparagraph (B)-- (I) by striking ``--'' and all that follows through ``(i)''; (II) by striking ``or'' at the end of clause (i); and (III) by striking clause (ii); and (ii) in subparagraph (D)(ii), by striking ``or title XX''; and (B) in subsection (o)(2)(B)-- (i) by striking ``or title XX'' each place it appears; and (ii) by striking ``or XX''. (18) Section 201(b) of the Indian Child Welfare Act of 1978 (25 U.S.C. 1931(b)) is amended by striking ``titles IV-B and XX'' each place it appears and inserting ``part B of title IV''. (19) Section 3803(c)(2)(C) of title 31, United States Code, is amended by striking clause (vi) and redesignating clauses (vii) through (xvi) as clauses (vi) through (xv), respectively. (20) Section 14502(d)(3) of title 40, United States Code, is amended-- (A) by striking ``and title XX''; and (B) by striking ``, 1397 et seq.''. (21) Section 2006(a)(15) of the Public Health Service Act (42 U.S.C. 300z-5(a)(15)) is amended by striking ``and title XX''. (22) Section 203(b)(3) of the Older Americans Act of 1965 (42 U.S.C. 3013(b)(3)) is amended by striking ``XIX, and XX'' and inserting ``and XIX''. (23) Section 213 of the Older Americans Act of 1965 (42 U.S.C. 3020d) is amended by striking ``or title XX''. (24) Section 306(d) of the Older Americans Act of 1965 (42 U.S.C. 3026(d)) is amended in each of paragraphs (1) and (2) by striking ``titles XIX and XX'' and inserting ``title XIX''. (25) Section 2605 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624) is amended in each of subsections (b)(4) and (j) by striking ``under title XX of the Social Security Act,''. (26) Section 602 of the Child Development Associate Scholarship Assistance Act of 1985 (42 U.S.C. 10901) is repealed. (27) Section 3(d)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by striking subparagraph (C) and redesignating subparagraphs (D) through (K) as subparagraphs (C) through (J), respectively. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2016.

Reducing Duplicative and Ineffective Federal Funding Act (Sec. 2) This bill repeals the program of block grants to states for social services under title XX (Block Grants to States for Social Services) of the Social Security Act, except those for: demonstration projects to address health professions workforce needs, and the program for early detection of certain medical conditions related to environmental health hazards.

Reducing Duplicative and Ineffective Federal Funding Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``RFS Reform Act of 2015''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS Sec. 101. Amendments to the Clean Air Act. Sec. 102. Cellulosic biofuel requirement based on actual production. Sec. 103. Applicability and regulations. TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL Sec. 201. Prohibition of gasoline blends with greater than 10-volume- percent ethanol. Sec. 202. Prohibition of waivers. Sec. 203. Misfueling rule. TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT. (a) Revised Definition of Renewable Fuel.-- (1) In general.--Section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) is amended to read as follows: ``(J) Renewable fuel.--The term `renewable fuel' means fuel that-- ``(i) is produced from renewable biomass; ``(ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and ``(iii) beginning on January 1, 2015, is advanced biofuel.''. (2) Conforming amendment.--Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking ``renewable fuel'' and inserting ``fuel described in clauses (i) and (ii) of subparagraph (J)''. (b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended-- (1) in the table in subclause (I)-- (A) by striking ``20.5'' and inserting ``5.5''; (B) by striking ``22.25'' and inserting ``7.25''; (C) by striking ``24.0'' and inserting ``9.0''; (D) by striking ``26.0'' and inserting ``11.0''; (E) by striking ``28.0'' and inserting ``13.0''; (F) by striking ``30.0'' and inserting ``15.0''; (G) by striking ``33.0'' and inserting ``18.0''; and (H) by striking ``36.0'' and inserting ``21.0''; (2) in subclause (II)-- (A) in the matter preceding the table, by striking ``2022'' and inserting ``2014''; and (B) in the table, by striking the items relating to calendars years 2015 through 2022; (3) in subclause (III), by striking ``of the volume of advanced biofuel required under subclause (II)'' and inserting ``of the volume of advanced biofuel required for calendar years 2010 through 2014 under subclause (II), as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act, and of the volume of renewable fuel required for calendar years 2015 through 2022 under the subclause (I)''; and (4) in subclause (IV), by inserting ``, as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act'' after ``of the volume of advanced biofuel required under subclause (II)''. (c) Conforming Amendments.-- (1) Other calendar years.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended-- (A) in clause (ii)(III), by striking ``advanced biofuels in each category (cellulosic biofuel and biomass-based diesel)'' and inserting ``cellulosic biofuel and biomass-based diesel''; (B) by striking clause (iii); and (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (2) Applicable percent reduction level.--Section 211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended-- (A) in subparagraph (E), by striking ``20, 50, or 60 percent reduction levels'' and inserting ``applicable percent reduction level''; and (B) in subparagraph (F), by inserting ``(if applicable)'' after ``(2)(A)(i)''. (3) Waivers.--Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended-- (A) in subparagraph (D)(i), by inserting ``, if such year is before 2015,'' before ``advanced biofuels''; and (B) in subparagraph (E)(ii), by inserting ``, if such year is before 2015,'' before ``advanced biofuels''. SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION. (a) Provision of Estimate of Volumes of Cellulosic Biofuel.-- Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is amended-- (1) by inserting ``(i)'' before ``Not later than''; and (2) by adding at the end the following new clause: ``(ii)(I) In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall-- ``(aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the `current calendar year')-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and ``(bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. ``(II) An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year.''. (b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)), as amended by section 101(c)(3)(A), is further amended by-- (1) striking ``based on the'' and inserting ``using the exact''; (2) striking ``may also reduce'' and inserting ``shall also reduce''; and (3) striking ``by the same or a lesser volume'' and inserting ``by the same volume''. SEC. 103. APPLICABILITY AND REGULATIONS. The amendments made by this title to section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar years 2015 and after, except that the Administrator of the Environmental Protection Agency shall promulgate regulations to carry out such amendments not later than 1 year after the date of enactment of this Act, and take any steps necessary to ensure such amendments may be carried out for calendar years 2015 and after. TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME- PERCENT ETHANOL. Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. SEC. 202. PROHIBITION OF WAIVERS. (a) In General.--Any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect. (b) Certain Waivers.--The waivers described in subsection (a) include the following: (1) The waiver entitled, ``Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 75 Fed. Reg. 68094 (November 4, 2010). (2) The waiver entitled, ``Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 76 Fed. Reg. 4662 (January 26, 2011). SEC. 203. MISFUELING RULE. The portions of the rule entitled, ``Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25, 2011) to mitigate misfueling shall have no force and effect 60 days after the date of enactment of this Act.

RFS Reform Act of 2015 This bill amends the Clean Air Act to revise the renewable fuel standard program. Beginning on January 1, 2015, the renewable fuel that is required to be blended into gasoline must be advanced biofuel, which cannot be ethanol derived from corn starch. This bill revises the renewable fuel standards by decreasing the total volume of renewable fuel that must be contained in gasoline sold or introduced into commerce for years 2015 through 2022. The Environmental Protection Agency (EPA) must determine the target amount of cellulosic biofuel to be blended into transportation fuel based on the actual volume of cellulosic biofuel produced in the current year. The EPA must reduce the required volume of renewable fuel in transportation fuel by the same volume of cellulosic biofuel in the fuel. The EPA may not allow gasoline containing greater than 10% ethanol by volume to be introduced into commerce. Waivers that allow gasoline containing a greater percentage of ethanol are nullified.

RFS Reform Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Metropolitan Planning Enhancement Act''. SEC. 2. METROPOLITAN TRANSPORTATION PLANNING. (a) Development of Transportation Plan.--Section 134(i) of title 23, United States Code, is amended-- (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9); and (2) by inserting after paragraph (6) the following: ``(7) Project selection transparency and accountability.-- Projects included in the adopted transportation plan shall be selected through a publicly available transparent process that includes use of criteria that directly support factors in subsection (h), the national transportation goals under section 150(b), and applicable State transportation goals. The criteria shall be used to publicly categorize the highest performing projects.''. (b) Metropolitan Tip.--Section 134(j)(2)(D) of title 23, United States Code is amended by adding after the period at the end the following: ``Projects included in the priority list shall come from the highest performing category of projects identified in the transportation plan under subsection (i)(7). If a lower-categorized project is included in the priority project list, a public description shall be included to explain why the lower-categorized project is included before a higher-categorized project, including geographic balance and projects in economically distressed areas.''. SEC. 3. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING. (a) Long-Range Statewide Transportation Plan.--Section 135(f) of title 23, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following: ``(9) Project selection transparency and accountability.-- Projects included in the adopted long-range statewide transportation plan shall be selected through a publicly available transparent process that includes use of criteria that directly support factors in subsection (d), the national transportation goals under section 150(b), and applicable State transportation goals. The criteria shall be used to publicly categorize the highest performing projects.''. (b) Statewide Transportation Improvement Plan.--Section 135(g)(5)(A) of title 23, United States Code is amended by adding after the period at the end the following: ``Projects included in the transportation improvement program shall come from the highest performing category of projects identified in the transportation plan under subsection (f)(9). If a lower-categorized project is included in the priority project list, a public description shall be included to explain why the lower-categorized project is included before a higher-categorized project, including geographic balance and projects in economically distressed areas.''. SEC. 4. METROPOLITAN TRANSPORTATION PLANNING. (a) Development of Transportation Plan.--Section 5303(i) of chapter 53 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9); and (2) by inserting after paragraph (6) the following: ``(7) Project selection transparency and accountability.-- Projects included in the adopted transportation plan shall be selected through a publicly available transparent process that includes use of criteria that directly support factors in subsection (h), the national transportation goals under section 150(b), and applicable State transportation goals. The criteria shall be used to publicly categorize the highest performing projects.''. (b) Metropolitan Tip.--Section 5303 (j)(2)(D) of chapter 53 of title 49, United States Code is amended by adding after the period at the end the following: ``Projects included in the priority list shall come from the highest performing category of projects identified in the transportation plan under subsection (i)(7). If a lower-categorized project is included in the priority project list, a public description shall be included to explain why the lower-categorized project is included before a higher-categorized project, including geographic balance and projects in economically distressed areas.''. SEC. 5. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING. (a) Long-Range Statewide Transportation Plan.--Section 5304(f) of chapter 53 of title 49, United States Code, is amended-- (1) by redesignating paragraph (9) as paragraph (10); and (2) by inserting after paragraph (8) the following: ``(9) Project selection transparency and accountability.-- Projects included in the adopted long-range statewide transportation plan shall be selected through a publicly available transparent process that includes use of criteria that directly support factors in subsection (d), the national transportation goals under section 150(b), and applicable State transportation goals. The criteria shall be used to publicly categorize the highest performing projects.''. (b) Statewide Transportation Improvement Plan.--Section 5304(g)(5)(A) of chapter 53 of title 49, United States Code, is amended by adding after the period at the end the following: ``Projects included in the statewide transportation improvement program shall come from the highest performing category of projects identified in the transportation plan under subsection (f)(9). If a lower-categorized project is included in the priority project list, a public description shall be included to explain why the lower- categorized project is included before a higher-categorized project, including geographic balance and projects in economically distresses areas.''.

The Metropolitan Planning Enhancement Act This bill requires that projects, especially the highest performing projects, included in an adopted metropolitan area transportation plan be selected through a publicly available transparent process using criteria that directly support specified factors, national transportation goals, and applicable state transportation goals. Projects included in the priority list for a metropolitan transportation improvement program (TIP) shall come from the highest performing category of projects identified in the transportation plan; and if a lower-categorized project is prioritized before a higher-categorized project, a public description explaining why must be included in the list. These same requirements shall apply to a long-range statewide transportation plan as well as a statewide TIP.

Metropolitan Planning Enhancement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Inclusion Act''. SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, OR GRANDPARENT. (a) Definitions.-- (1) Inclusion of same-sex spouses.--Section 101(13) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(13)) is amended, by inserting ``, and includes a same-sex spouse as determined under applicable State law'' before the period. (2) Inclusion of adult children and children of a domestic partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (3) Inclusion of grandparents, parents-in-law, siblings, and domestic partners.--Section 101 of such Act is further amended by adding at the end the following: ``(20) Domestic partner.--The term `domestic partner' means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides; or ``(B) in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee's domestic partner. ``(21) Grandparent.--The term `grandparent' means a parent of a parent of an employee. ``(22) Parent-in-law.--The term `parent-in-law' means a parent of the spouse or domestic partner of an employee. ``(23) Sibling.--The term `sibling' means any person who is a son or daughter of an employee's parent.''. (b) Leave Requirement.--Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling''; (2) in subsection (a)(3), by striking ``spouse, son, daughter, parent,'' and inserting ``spouse or domestic partner, son, daughter, parent, parent-in-law, grandparent, sibling,''; and (3) in subsection (e)(2)(A), by striking ``spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in-law, grandparent, or sibling''. (c) Certification.--Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended-- (1) in subsection (a), by striking ``spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in- law, grandparent, or sibling''; (2) in subsection (b)(4)(A), by striking ``spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in- law, grandparent, or sibling and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, domestic partner, parent, parent-in-law, grandparent, or sibling''; and (3) in subsection (b)(7), by striking ``parent, or spouse'' and inserting ``spouse, domestic partner, parent, parent-in- law, grandparent, or sibling''. (d) Employment and Benefits Protection.--Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended-- (1) in subparagraph (A)(i), by striking ``spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in-law, grandparent, or sibling''; and (2) in subparagraph (C)(ii), by striking ``spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in-law, grandparent, or sibling''. SEC. 3. FEDERAL EMPLOYEES. (a) Definitions.-- (1) Inclusion of adult children and children of a domestic partner.--Section 6381(6) of title 5, United States Code, is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (2) Inclusion of grandparents, parents-in-law, siblings, and domestic partners.--Section 6381 of such title is further amended-- (A) in paragraph (10) by striking ``; and'' and inserting a semicolon; (B) in paragraph (11), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(12) The term `domestic partner' means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State where the employee resides; or ``(B) in the case of an unmarried employee who lives in a State where a person cannot marry a person of the same sex under the laws of the State, a single, unmarried adult person of the same sex as the employee who is in a committed, intimate relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee's domestic partner. ``(13) The term `parent-in-law' means a parent of the spouse or domestic partner of an employee. ``(14) The term `grandparent' means a parent of a parent of an employee. ``(15) The term `sibling' means any person who is a son or daughter of an employee's parent. ``(16) The term `spouse' includes a same-sex spouse as determined under applicable State law.''. (b) Leave Requirement.--Section 6382 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse, or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, or sibling, of the employee if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, or sibling''; (2) in subsection (a)(3), by striking ``spouse, son, daughter, parent,'' and inserting ``spouse or domestic partner, son, daughter, parent, parent-in-law, grandparent, sibling,''; and (3) in subsection (e)(2)(A), by striking ``spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in-law, grandparent, or sibling''. (c) Certification.--Section 6383 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in- law, grandparent, or sibling''; and (2) in subsection (b)(4)(A), by striking ``spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent'' and inserting ``spouse, domestic partner, parent, parent-in-law, grandparent, or sibling and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, domestic partner, parent, parent-in-law, grandparent, or sibling''.

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

To amend the Family and Medical Leave Act of 1993 to permit leave to care for a same-sex spouse, domestic partner, parent-in-law, adult child, sibling, or grandparent who has a serious health condition.