FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bronzeville-Black Metropolis National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Bronzeville-Black Metropolis National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 4(a). (3) Management plan.--The term ``management plan'' means the plan developed by the local coordinating entity under section 5(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Illinois. SEC. 3. BRONZEVILLE-BLACK METROPOLIS NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Bronzeville-Black Metropolis National Heritage Area in the State. (b) Boundaries.--The Heritage Area shall consist of the region in the city of Chicago, Illinois, bounded as follows: (1) 18th Street on the North to 22nd Street on the South, from Lake Michigan on the East to Wentworth Avenue on the West. (2) 22nd Street on the North to 35th Street on the South, from Lake Michigan on the East to the Dan Ryan Expressway on the West. (3) 35th Street on the North to 47th Street on the South, from Lake Michigan on the East to the B&O Railroad (Stewart Avenue) on the West. (4) 47th Street on the North to 55th Street on the South, from Cottage Grove Avenue on the East to the Dan Ryan Expressway on the West. (5) 55th Street on the North to 67th Street on the South, from State Street on the West to Cottage Grove Avenue/South Chicago Avenue on the East. (6) 67th Street on the North to 71st Street on the South, from Cottage Grove Avenue/South Chicago Avenue on the West to the Metra Railroad tracks on the East. SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY. (a) Local Coordinating Entity.--The Black Metropolis National Heritage Area Commission shall be the local coordinating entity for the Heritage Area. (b) Authorities of Local Coordinating Entity.--The local coordinating entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act-- (1) to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (2) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (3) to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; (4) to hire and compensate staff; (5) to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and (6) to contract for goods and services. (c) Duties of Local Coordinating Entity.--To further the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare a management plan for the Heritage Area in accordance with section 5; (2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in-- (A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; (F) restoring historic buildings that are-- (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; (4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and (5) for any fiscal year for which Federal funds are received under this Act-- (A) submit to the Secretary an annual report that describes-- (i) the accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) the entities to which the local coordinating entity made any grants; (B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. (b) Contents.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (2) take into consideration existing State and local plans; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (4) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; and (5) include an analysis of, and recommendations for, ways in which Federal, State, and local programs, may best be coordinated to further the purposes of this Act, including recommendations for the role of the National Park Service in the Heritage Area. (c) Disqualification From Funding.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity may not receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. (d) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date on which the local coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. (2) Considerations.--In determining whether to approve or disapprove the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Disapproval and revisions.-- (A) In general.--If the Secretary disapproves a proposed management plan, the Secretary shall-- (i) advise the local coordinating entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revision of the proposed management plan. (B) Approval or disapproval.--The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. (e) Approval of Amendments.-- (1) In general.--The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (d). (2) Funding.--Funds appropriated under this Act may not be expended to implement any changes made by an amendment to the management plan until the Secretary approves the amendment. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using funds made available under this Act shall be not more than 50 percent. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act.

Bronzeville-Black Metropolis National Heritage Area Act This bill establishes the Bronzeville-Black Metropolis National Heritage Area in Chicago, Illinois. The Black Metropolis National Heritage Area Commission shall be the local coordinating entity for the heritage area and shall submit a management plan for the heritage area. The authority of the Department of the Interior to provide financial assistance to the heritage area expires 15 years after the enactment of this bill.

Bronzeville-Black Metropolis National Heritage Area Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emmett Till Unsolved Civil Rights Crime Act of 2008''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should-- (1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; and (2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved. SEC. 3. DEPUTY CHIEF OF THE CRIMINAL SECTION OF THE CIVIL RIGHTS DIVISION. (a) In General.--The Attorney General shall designate a Deputy Chief in the Criminal Section of the Civil Rights Division of the Department of Justice (in this Act referred to as the ``Deputy Chief''). (b) Responsibility.-- (1) In general.--The Deputy Chief shall be responsible for coordinating the investigation and prosecution of violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death. (2) Coordination.--In investigating a complaint under paragraph (1), the Deputy Chief may coordinate investigative activities with State and local law enforcement officials. (c) Study and Report.-- (1) Study.--The Attorney General shall annually conduct a study of the cases under the jurisdiction of the Deputy Chief or under the jurisdiction of the Supervisory Special Agent and, in conducting the study, shall determine-- (A) the number of open investigations within the Department of Justice for violations of criminal civil rights statutes that occurred not later than December 31, 1969; (B) the number of new cases opened pursuant to this Act since the most recent study conducted under this paragraph; (C) the number of unsealed Federal cases charged within the study period, including the case names, the jurisdiction in which the charges were brought, and the date the charges were filed; (D) the number of cases referred by the Department of Justice to a State or local law enforcement agency or prosecutor within the study period, the number of such cases that resulted in State charges being filed, the jurisdiction in which such charges were filed, the date the charges were filed, and if a jurisdiction declines to prosecute or participate in an investigation of a case so referred, the fact it did so; (E) the number of cases within the study period that were closed without Federal prosecution, the case names of unsealed Federal cases, the dates the cases were closed, and the relevant Federal statutes; (F) the number of attorneys who worked, in whole or in part, on any case described in subsection (b)(1); and (G) the applications submitted for grants under section 5, the award of such grants, and the purposes for which the grant amount were expended. (2) Report.--Not later than 6 months after the date of enactment of this Act, and every 12 months thereafter, the Attorney General shall prepare and submit to Congress a report containing the results of the study conducted under paragraph (1). SEC. 4. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE FEDERAL BUREAU OF INVESTIGATION. (a) In General.--The Attorney General shall designate a Supervisory Special Agent in the Civil Rights Unit of the Federal Bureau of Investigation of the Department of Justice (in this Act referred to as the ``Supervisory Special Agent''). (b) Responsibility.-- (1) In general.--The Supervisory Special Agent shall be responsible for investigating violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death. (2) Coordination.--In investigating a complaint under paragraph (1), the Supervisory Special Agent may coordinate the investigative activities with State and local law enforcement officials. SEC. 5. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT. (a) In General.--The Attorney General may make grants to State or local law enforcement agencies for expenses associated with the investigation and prosecution of criminal offenses, involving civil rights, that occurred not later than December 31, 1969, and resulted in a death. (b) Authorization of Appropriations.--There are authorized to be appropriated $2,000,000 for each of fiscal years 2008 through 2017 to carry out this section. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated, in addition to any other amounts otherwise authorized to be appropriated for this purpose, to the Attorney General $10,000,000 for each of fiscal years 2008 through 2017 for investigating and prosecuting violations of criminal civil rights statutes that occurred not later than December 31, 1969, and resulted in a death. Amounts appropriated pursuant to this subsection shall be allocated by the Attorney General to the Deputy Chief and the Supervisory Special Agent in order to advance the purposes set forth in this Act. (b) Community Relations Service of the Department of Justice.--In addition to any amounts authorized to be appropriated under title XI of the Civil Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are authorized to be appropriated to the Community Relations Service of the Department of Justice $1,500,000 for fiscal year 2008 and each subsequent fiscal year, to enable the Community Relations Service (in carrying out the functions described in title X of such Act (42 U.S.C. 2000g et seq.)) to provide technical assistance by bringing together law enforcement agencies and communities in the investigation of violations of criminal civil rights statutes, in cases described in section 4(b). SEC. 7. DEFINITION OF CRIMINAL CIVIL RIGHTS STATUTES. In this Act, the term ``criminal civil rights statutes'' means-- (1) section 241 of title 18, United States Code (relating to conspiracy against rights); (2) section 242 of title 18, United States Code (relating to deprivation of rights under color of law); (3) section 245 of title 18, United States Code (relating to federally protected activities); (4) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); (5) section 901 of the Fair Housing Act (42 U.S.C. 3631); and (6) any other Federal law that-- (A) was in effect on or before December 31, 1969; and (B) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, before the date of enactment of this Act. SEC. 8. SUNSET. Sections 2 through 6 of this Act shall cease to have force or effect at the end of fiscal year 2017. SEC. 9. AUTHORITY OF INSPECTORS GENERAL. Title XXXVII of the Crime Control Act of 1990 (42 U.S.C. 5779 et seq.) is amended by adding at the end the following: ``SEC. 3703. AUTHORITY OF INSPECTORS GENERAL. ``(a) In General.--An Inspector General appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) may authorize staff to assist the National Center for Missing and Exploited Children-- ``(1) by conducting reviews of inactive case files to develop recommendations for further investigations; and ``(2) by engaging in similar activities. ``(b) Limitations.-- ``(1) Priority.--An Inspector General may not permit staff to engage in activities described in subsection (a) if such activities will interfere with the duties of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. App.). ``(2) Funding.--No additional funds are authorized to be appropriated to carry out this section.''. SEC. 10. USE OF RESOURCES. The Attorney General may reprogram funds appropriated for any congressionally directed spending item (as that term is defined under rule XLIV of the Standing Rules of the Senate) to carry out this Act or the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109- 248; 120 Stat. 587), or an amendment made by that Act, if Congress does not provide funding to carry out those Acts or amendments at the levels authorized.

Emmett Till Unsolved Civil Rights Crime Act of 2008 - Directs the Attorney General to designate a Deputy Chief in the Criminal Section of the Civil Rights Division of the Department of Justice (DOJ). Makes the Deputy Chief responsible for investigating and prosecuting violations of criminal civil rights statutes in which the alleged violation occurred before January 1, 1970 and resulted in death. Directs the Attorney General to designate a Supervisory Special Agent in the Civil Rights Unit of the Federal Bureau of Investigation (FBI) of the DOJ to investigate violations of criminal civil rights statutes that occurred before January 1, 1970, and resulted in a death. Authorizes the Attorney General to award grants to state or local law enforcement agencies for the investigation and prosecution of such cases. Amends the Crime Control Act of 1990 to authorize staff of an Inspector General to assist the National Center for Missing and Exploited Children by conducting reviews of inactive case files to develop recommendations for further investigations and engaging in similar activities.

A bill to provide for the investigation of certain unsolved civil rights crimes, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wartime Parity and Justice Act of 2000''. SEC. 2. ELIGIBILITY OF CERTAIN INDIVIDUALS UNDER CIVIL LIBERTIES ACT OF 1988. (a) Eligibility.--For purposes of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989 and following), the following individuals shall be deemed to be eligible individuals: (1) An individual who-- (A) is of Japanese ancestry, or is the spouse or parent of an individual of Japanese ancestry; (B) was brought forcibly to the United States from a country in Central America or South America during the evacuation, relocation, and internment period; (C) was living on August 10, 1988; (D) otherwise meets the requirements of subparagraph (B)(i) of section 108(2) of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b- 7(2)(B)(i)); and (E) subject to section 4(f) of this Act, has not otherwise received payment under the Civil Liberties Act of 1988. (2) An individual who was an eligible individual under the Civil Liberties Act of 1988 before the enactment of this Act and who was eligible for, but did not receive, payment under that Act prior to the termination of the Civil Liberties Public Education Fund under section 104(d) of that Act. (3) An individual who-- (A) was born to an eligible individual under the Civil Liberties Act of 1988 during the period beginning on January 20, 1945, and ending on February 29, 1948, at a place in which the eligible individual was confined, held in custody, relocated, or otherwise located during the evacuation, relocation, or internment period; and (B) was living on August 10, 1988. (4)(A) An individual of Japanese ancestry who, during the evacuation, relocation, or internment period-- (i) was a United States citizen or a permanent resident alien; (ii) whose employment with a railroad or mining company was terminated on account of the individual's Japanese ancestry; and (iii) was living on August 10, 1988. (B) An individual who-- (i) during the evacuation, relocation, or internment period, was a dependent child of an individual described in subparagraph (A); and (ii) was living on August 10, 1988. (5) An individual of Japanese ancestry who-- (A) meets the requirements of paragraph (2) of section 108(2) of the Civil Liberties Act of 1988, other than subparagraph (A) of that paragraph; and (B) was legally in the United States during the evacuation, relocation, or internment period but was made ineligible for United States citizenship or permanent residence status by law enacted prior thereto, on account of the individual's Japanese ancestry. (b) Prisoner Exchanges.--An individual shall not be precluded from being an eligible individual under subsection (a) if that individual was sent by the United States to Japan or territories occupied by Japan at any time during the period beginning on December 7, 1941, and ending on September 2, 1945, in exchange for prisoners held by Japan. SEC. 3. APOLOGY OF THE UNITED STATES. The United States apologizes to those individuals described in section 2(a) for the fundamental violations of their basic civil liberties and constitutional rights committed during the evacuation, relocation, or internment period. The President should transmit to each such individual a personal letter of apology on behalf of the United States. SEC. 4. PROCEDURES. (a) Applicability of Provisions of the Civil Liberties Act.--Except as otherwise provided in this section, the provisions of section 105 of the Civil Liberties Act of 1988 shall apply with respect to eligible individuals under section 2 of this Act. (b) Responsibilities of the Attorney General.--The Attorney General shall have the responsibility to identify and locate, without requiring any application for payment and using records already in possession of the United States Government, eligible individuals under section 2, within 12 months after the date of the enactment of this Act. Failure to be identified and located within that 12-month period shall not preclude an eligible individual under section 2 from receiving payment under the Civil Liberties Act of 1988. (c) Notification by Eligible Individuals.--Any eligible individual under section 2 may notify the Attorney General that the individual is an eligible individual, and may provide documentation therefor, within 6 years after the date of the enactment of this Act. (d) Determination of Eligibility.--The Attorney General shall make a final determination of eligibility of individuals under section 2 not later than 1 year after locating the individual pursuant to subsection (b) or receiving notification from an individual pursuant to subsection (c), as the case may be. (e) Judicial Review.--An individual seeking payment of compensation under the Civil Liberties Act of 1988 as an eligible individual under section 2 may seek judicial review of a denial of compensation in an appropriate district court of the United States or the United States Court of Federal Claims within 6 years after the date of the denial. (f) Payments From Court Cases.--Notwithstanding section 2(a)(1)(E) of this Act and paragraph (7) of section 105(a) of the Civil Liberties Act of 1988, an individual described in subparagraphs (A) through (D) of section 2(a)(1) of this Act, or any surviving spouse, child, or parent of such individual to whom section 105(a)(8) of the Civil Liberties Act of 1988 applies, who has accepted payment, before the enactment of this Act, pursuant to an award of a final judgment or a settlement on a claim against the United States for acts described in section 108(2)(B) of the Civil Liberties Act of 1988 or section 2(a)(1)(B) of this Act, may receive payment under the Civil Liberties Act of 1988, except that any amount payable to such individual, spouse, child, or parent under section 105(a)(1) of that Act shall be reduced by the amount of any payment received pursuant to such final judgment or settlement. SEC. 5. CORRECTION OF IMMIGRATION STATUS. Those individuals described in paragraph (1) of section 2(a) shall not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period. Each department or agency of the United States shall take the necessary steps to correct any records over which that department or agency has jurisdiction that indicate that such individuals were in the United States unlawfully during such period. SEC. 6. FULL DISCLOSURE OF INFORMATION. (a) Public Disclosure of Information.--The appropriate departments and agencies of the United States shall disclose to the public all information (other than information which may not be disclosed under other provisions of law) relating to the forcible removal of individuals from Central and South America during the evacuation, relocation, or internment period and the internment of those individuals in the United States during that period, including information on individuals whose location is unknown. (b) Sharing of Information With Other Countries.--The President shall take the necessary steps to share information described in subsection (a) with other countries and encourage those countries to make that information available to people in those countries. SEC. 7. TRUST FUND. (a) Reestablishment of Fund.--The Civil Liberties Public Education Fund (in this Act referred to as the ``Fund'') is reestablished in the Treasury of the United States, and shall be administered by the Secretary of the Treasury. (b) Investment of Amounts in the Fund.--Amounts in the Fund shall be invested in accordance with section 9702 of title 31, United States Code. (c) Uses of the Fund.--Amounts in the Fund shall be available only-- (1) for disbursement of payments by the Attorney General, under section 105 of the Civil Liberties Act of 1988 and this Act, to eligible individuals under section 2 of this Act; and (2) for disbursement by the Board of Directors of the Fund under section 8 of this Act. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Fund-- (1) such sums as may be necessary to carry out paragraph (1) of subsection (b); and (2) $45,000,000 for disbursements by the Board of Directors of the Fund under section 8. SEC. 8. BOARD OF DIRECTORS OF THE FUND. (a) Establishment.--There is established the Civil Liberties Public Education Fund Board of Directors, which shall be responsible for making disbursements from the Fund in the manner provided in this section. (b) Uses of the Fund.--The Board may make disbursements from the Fund only-- (1) to sponsor research and public education activities so that events surrounding the evacuation, relocation, and internment of individuals of Japanese ancestry will be remembered, and so that the causes and circumstances of this and similar events may be illuminated and understood; and (2) for reasonable administrative expenses of the Board, including compensation and expenses of the members and staff of the Board and payment for administrative support services. (c) Membership, Staff, Etc.--The provisions of subsections (c), (d), (e), (f), and (g) of section 106 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-5 (c), (d), (e), (f), and (g)) shall apply to the Board of the Fund to the same extent as they applied to the Board established under that section. SEC. 9. DEFINITIONS. In this Act, the terms ``evacuation, relocation, or internment period'' and ``permanent resident alien'' have the meanings given those terms in section 108 of the Civil Liberties Act of 1988 (50 U.S.C. App. 1989b-7).

(Sec. 3) Declares that the United States apologizes to such individuals for the fundamental violations of their basic civil liberties and constitutional rights. Urges the President to transmit to each such individual a personal letter of apology on behalf of the United States. (Sec. 4) Places upon the Attorney General responsibility to identify and locate eligible individuals under this Act within 12 months. Authorizes any eligible individual to notify the Attorney General that the individual is eligible and provide documentation to that effect within six years. Directs the Attorney General to make a final determination of eligibility within one year after locating or receiving notification from an individual. Authorizes judicial review of a denial of compensation. Permits an individual covered by this Act who has accepted payment on a related claim against the United States before this Act's enactment to receive an appropriately reduced payment under this Act. (Sec. 5) Directs that: (1) individuals covered by this Act not be considered to have been present in the United States unlawfully during the evacuation, relocation, or internment period; and (2) each U.S. department or agency correct any records that indicate that such individuals were in the United States unlawfully. (Sec. 6) Directs: (1) the appropriate agencies to disclose to the public all information relating to the forcible removal of individuals from Latin America and their internment in the United States during that period; and (2) the President to share such information with other countries and to encourage those countries to make that information available to people in those countries. (Sec. 7) Reestablishes in the Treasury the Civil Liberties Public Education Fund to be available for such restitution. (Sec. 8) Establishes the Civil Liberties Public Education Fund Board of Directors which shall be responsible for making disbursements from the Fund: (1) to sponsor research and public education activities; and (2) for reasonable administrative expenses.

Wartime Parity and Justice Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle East Peace Facilitation Act of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Palestine Liberation Organization (hereafter the ``PLO'') has recognized the State of Israel's right to exist in peace and security; accepted United Nations Security Council Resolutions 242 and 338; committed itself to the peace process and peaceful coexistence with Israel, free from violence and all other acts which endanger peace and stability; and assumed responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations, and discipline violators; (2) Israel has recognized the PLO as the representative of the Palestinian people; (3) Israel and the PLO signed a Declaration of Principles on Interim Self-Government Arrangements (hereafter the ``Declaration of Principles'') on September 13, 1993, at the White House; (4) Israel and PLO signed an agreement on the Gaza Strip and the Jericho Area (hereafter the ``Gaza-Jericho Agreement'') on May 4, 1994, which established a Palestinian Authority for the Gaza and Jericho areas; (5) Israel and the PLO signed an Agreement on Preparatory Transfer of Powers and Responsibilities (hereafter the ``Early Empowerment Agreement'') on August 29, 1994, which provided for the transfer to the Palestinian Authority of certain powers and responsibilities in the West Bank outside of the Jericho area; (6) under the terms of the Declaration of Principles, the Gaza-Jericho Agreement and the Early Empowerment Agreement, the powers and responsibilities of the Palestinian Authority are to be assumed by an elected Palestinian Council with jurisdiction in the West Bank and Gaza Strip in accordance with the interim agreement to be concluded between Israel and the PLO; (7) permanent status negotiations relating to the West Bank and Gaza Strip are scheduled to begin by May 1996; (8) the Congress has, since the conclusion of the Declaration of Principles and the PLO's renunciation of terrorism, provided authorities to the President to suspend certain statutory restrictions relating to the PLO, subject to Presidential certifications that the PLO has continued to abide by commitments made in and in connection with or resulting from the good faith implementation of the Declaration of Principles; (9) the PLO commitments relevant to Presidential certifications have included commitments to renounce and condemn terrorism, to submit to the Palestinian National Council for formal approval the necessary changes to those articles of the Palestinian Covenant which call for Israel's destruction, and to prevent acts of terrorism and hostilities against Israel; and (10) the President, in exercising the aforementioned authorities, has certified to the Congress on four occasions that the PLO was abiding by its relevant commitments. SEC. 3. SENSE OF CONGRESS. It is the sense of the Congress that although the PLO has recently shown improvement in its efforts to fulfill its commitments, it must do far more to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute, and in particular it must-- (1) submit to the Palestine National Council for formal approval the necessary changes to those articles of the Palestinian National Covenant which call for Israel's destruction; (2) make greater efforts to preempt acts of terror, to discipline violators and to contribute to stemming the violence that has resulted in the deaths of 123 Israeli citizens since the signing of the Declaration of Principles; (3) prohibit participation in its activities and in the Palestinian Authority and its successors by any groups or individuals which continue to promote and commit acts of terrorism; (4) cease all anti-Israel rhetoric, which potentially undermines the peace process; (5) confiscate all unlicensed weapons and restrict the issuance of licenses to those with legitimate need; (6) transfer and cooperate in transfer proceedings relating to any person accused by Israel of acts of terrorism; and (7) respect civil liberties, human rights, and democratic norms. SEC. 4. AUTHORITY TO SUSPEND CERTAIN PROVISIONS. (a) In General.--Subject to subsection (b), beginning on the date of enactment of this Act and for 18 months thereafter the President may suspend for a period of not more than 6 months at a time any provision of law specified in subsection (d). Any such suspension shall cease to be effective after 6 months, or at such earlier date as the President may specify. (b) Conditions.-- (1) Consultations.--Prior to each exercise of the authority provided in subsection (a) or certification pursuant to subsection (c), the President shall consult with the relevant congressional committees. The President may not exercise that authority or make such certification until 30 days after a written policy justification is submitted to the relevant congressional committees. (2) Presidential certification.--The President may exercise the authority provided in subsection (a) only if the President certifies to the relevant congressional committees each time he exercises such authority that-- (A) it is in the national interest of the United States to exercise such authority; (B) the PLO continues to comply with all the commitments described in paragraph (4); and (C) funds provided pursuant to the exercise of this authority and the authorities under section 583(a) of Public Law 103-236 and section 3(a) of Public Law 103- 125 have been used for the purposes for which they were intended. (3) Requirements for continuing plo compliance.-- (A) The President shall ensure that PLO performance is continuously monitored and if the President at any time determines that the PLO has not continued to comply with all the commitments described in paragraph (4), he shall so notify the appropriate congressional committees and any suspension under subsection (a) of a provision of law specified in subsection (d) shall cease to be effective. (B) Beginning 6 months after the date of enactment of this Act, if the President on the basis of the continuous monitoring of the PLO's performance determines that the PLO is not complying with the requirements described in subsection (c), he shall so notify the appropriate congressional committees and no assistance shall be provided pursuant to the exercise by the President of the authority provided by subsection (a) until such time as the President makes the certification provided for in subsection (c). (4) PLO commitments described.--The commitments referred to in paragraphs (2) and (3)(A) are the commitments made by the PLO-- (A) in its letter of September 9, 1993, to the Prime Minister of Israel; in its letter of September 9, 1993, to the Foreign Minister of Norway to-- (i) recognize the right of the State of Israel to exist in peace and security; (ii) accept United Nations Security Council Resolutions 242 and 338; (iii) renounce the use of terrorism and other acts of violence; (iv) assume responsibility over all PLO elements and personnel in order to assure their compliance, prevent violations, and discipline violators; (v) call upon the Palestinian people in the West Bank and Gaza Strip to take part in the steps leading to the normalization of life, rejecting violence and terrorism, and contributing to peace and stability; and (vi) submit to the Palestine National Council for formal approval the necessary changes to the Palestinian National Covenant eliminating calls for Israel's destruction, and (B) in, and resulting from, the good faith implementation of the Declaration of Principles, including good faith implementation of subsequent agreements with Israel, with particular attention to the objective of preventing terrorism, as reflected in the provisions of the Gaza-Jericho Agreement concerning-- (i) prevention of acts of terrorism and legal measures against terrorists; (ii) abstention from and prevention of incitement, including hostile propaganda; (iii) operation of armed forces other than the Palestinian police; (iv) possession, manufacture, sale, acquisition or importation of weapons; (v) employment of police who have been convicted of serious crimes or have been found to be actively involved in terrorist activities subsequent to their employment; (vi) transfers to Israel of individuals suspected of, charged with, or convicted of an offense that falls within Israeli criminal jurisdiction; (vii) cooperation with the Government of Israel in criminal matters, including cooperation in the conduct of investigations; and (viii) exercise of powers and responsibilities under the agreement with due regard to internationally accepted norms and principles of human rights and the rule of law. (5) Policy justification.--As part of the President's written policy justification to be submitted to the relevant congressional committees pursuant to paragraph (1), the President will report on-- (A) the manner in which the PLO has complied with the commitments specified in paragraph (4), including responses to individual acts of terrorism and violence, actions to discipline perpetrators of terror and violence, and actions to preempt acts of terror and violence; (B) the extent to which the PLO has fulfilled the requirements specified in subsection (c); (C) actions that the PLO has taken with regard to the Arab League boycott of Israel; (D) the status and activities of the PLO office in the United States; and (E) the status of United States and international assistance efforts in the areas subject to jurisdiction of the Palestinian Authority or its successors. (c) Requirement for Continued Provision of Assistance.--Six months after the enactment of this Act, no assistance shall be provided pursuant to the exercise by the President of the authority provided by subsection (a), unless and until the President determines and so certifies to the Congress that-- (1) if the Palestinian Council has been elected and assumed its responsibilities, it has, within a reasonable time, effectively disavowed the articles of the Palestine National Covenant which call for Israel's destruction, unless the necessary changes to the Covenant have already been submitted to the Palestine National Council for formal approval; (2) the PLO has exercised its authority resolutely to establish the necessary enforcement institutions; including laws, police, and a judicial system, for apprehending, prosecuting, convicting, and imprisoning terrorists; (3) the PLO has limited participation in the Palestinian Authority and its successors to individuals and groups in accordance with the terms that may be agreed with Israel; (4) the PLO has not provided any financial or material assistance or training to any group, whether or not affiliated with the PLO, to carry out actions inconsistent with the Declaration of Principles, particularly acts of terrorism against Israel; (5) the PLO has cooperated in good faith with Israeli authorities in the preemption of acts of terrorism and in the apprehension and trial of perpetrators of terrorist acts in Israel, territories controlled by Israel, and all areas subject to jurisdiction of the Palestinian Authority and its successors; and (6) the PLO has exercised its authority resolutely to enact and implement laws requiring the disarming of civilians not specifically licensed to possess or carry weapons. (d) Provisions That May Be Suspended.--The provisions that may be suspended under the authority of subsection (a) are the following: (1) Section 307 of the Foreign Assistance Act of 1961 (22 U.S.C. 2227) as it applies with respect to the PLO or entities associated with it. (2) Section 114 of the Department of State Authorization Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it applies with respect to the PLO or entities associated with it. (3) Section 1003 of the Foreign Relations Authorization Act, fiscal years 1988 and 1989 (22 U.S.C. 5202). (4) Section 37 of the Bretton Woods Agreement Act (22 U.S.C. 286W) as it applies to the granting to the PLO of observer status or other official status at any meeting sponsored by or associated with the International Monetary Fund. As used in this paragraph, the term ``other official status'' does not include membership in the International Monetary Fund. (e) Relevant Congressional Committees Defined.--As used in this section, the term ``relevant congressional committees'' means-- (1) the Committee on International Relations, the Committee on Banking and Financial Services, and the Committee on Appropriations of the House of Representatives; and (2) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

Middle East Peace Facilitation Act of 1995 - Declares the sense of the Congress specifying steps the Palestine Liberation Organization (PLO) must take to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute. Authorizes the President to suspend for up to six months at a time specified provisions of law which prohibit foreign and United Nations assistance to the Palestine Liberation Organization (PLO), the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993; and (3) specified funds provided under this Act and other Acts have been used for the purposes for which they were intended. Prohibits the provision of such assistance until the President certifies to the Congress that: (1) the Palestinian Council has disavowed the articles of the Palestine National Covenant which calls for Israel's destruction; (2) the PLO has exercised its authority to prosecute and imprison terrorists; and (3) it has not provided support for acts of terrorism against Israel.

Middle East Peace Facilitation Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tobacco to 21 Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Tobacco use caused 20,800,000 premature deaths in the United States in the 50 years since the Surgeon General's first report on smoking in 1964. (2) The 1964 Surgeon General's report linked cigarette smoking to cancer, and since then, other tobacco products, including cigars, cigarillos, roll-your-own products, and smokeless tobacco have been causally linked to cancer. (3) While substantial gains have been made since 1964, tobacco use remains the leading cause of preventable death in the United States, responsible for approximately 500,000 premature deaths each year. (4) Tobacco use costs the United States approximately $170,000,000,000 in direct medical costs and $156,000,000,000 in lost productivity every year. (5) More than 42,000,000 people in the United States still smoke, and the tobacco industry continues to challenge tobacco control victories in court, manipulate products to evade existing regulations, introduce new and dangerous tobacco products, and spend billions on marketing to deceive the public and addict more children. (6) An estimated 5,600,000 youth aged 17 and under are projected to die prematurely from a tobacco-related illness if prevalence rates do not change. (7) Use of tobacco products in any form is not safe, especially during adolescence, as such use can lead to nicotine dependence and subsequent tobacco-related diseases and death. (8) Adolescents are especially vulnerable to the effects of nicotine and nicotine addiction and appear to show signs of nicotine addiction at lower levels of exposure compared to adults. (9) Nicotine exposure during adolescence may have long lasting adverse consequences on brain development. (10) The likelihood of developing smoking-related cancers increases with duration of smoking. Therefore those users that start at younger ages and continue to smoke are at higher risk for tobacco-related disease and death. (11) National data show that 95 percent of adult smokers begin smoking before they turn 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use. (12) Young adults aged 18 to 24 are more than 2 times as likely to use smokeless products as compared to older adults aged 45 to 64. (13) The Centers for Disease Control and Prevention and the Institute of Medicine recommend comprehensive and sustained tobacco control programs and policies at the Federal, State, and local level in order to reduce youth initiation and the prevalence of tobacco use. (14) Regulating the retail environment, actively enforcing laws, and educating retailers are strategies that Federal, State, and local governments can take to restrict the availability of tobacco products to youth. (15) The recent report of the Institute of Medicine entitled, ``Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products'', concluded that raising the minimum legal age of sale of tobacco products nationwide will reduce tobacco initiation, particularly among adolescents aged 15 to 17, and will improve health across the lifespan and save lives. Specifically, the report said that raising the minimum legal age of sale of tobacco products nationwide to age 21 would, over time, lead to a 12-percent decrease in smoking prevalence. (16) The Institute of Medicine report also predicts that raising the minimum legal age of sale of tobacco products nationwide to age 21 would result in 223,000 fewer premature deaths, 50,000 fewer deaths from lung cancer, and 4,200,000 fewer years of life lost for those born between 2000 and 2019. In addition, the report concluded that raising the minimum legal age of sale would result in near immediate reductions in preterm birth, low birth weight, and sudden infant death syndrome. SEC. 3. PROHIBITION AND ENFORCEMENT. (a) In General.--Notwithstanding any other provision of law, including any Federal regulation, it shall be unlawful to sell or distribute a tobacco product to anyone under the age of 21. (b) Enforcement.-- (1) In general.--The Secretary of Health and Human Services is authorized to enforce the prohibition under subsection (a) and shall take necessary action to enforce such prohibition, including, as appropriate-- (A) conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and taking any other measures appropriate to help ensure nationwide compliance with such prohibition; and (B) establishing requirements that retailers check identification or use other methods to ensure compliance with subsection (a), or issuing guidance concerning the responsibility of retailers to ensure such compliance. (2) Enforcement authority.--In the case of a violation of subsection (a), the Secretary of Health and Human Services may apply the penalties under section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333), as though such subsection (a) were a regulation promulgated under section 906(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 387f(d)(1)), notwithstanding paragraph (3)(A)(ii) of such section 906(d). (c) Definition.--In this Act, the term ``tobacco product'' has the meaning given such term in section 201(rr) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(rr)). SEC. 4. NON-PREEMPTION. Nothing in this Act shall be construed to prevent a State or local governmental entity from establishing, enforcing, or maintaining a law with respect to sales of tobacco to individuals below a minimum age, provided that such State or local law is at least as restrictive as the Federal law.

Tobacco to 21 Act This bill prohibits the sale or distribution of tobacco products to individuals under the age of 21. The Department of Health and Human Services must enforce this prohibition by taking necessary actions including, as appropriate, conducting undercover compliance checks, performing retailer inspections, initiating enforcement actions for noncompliance, and establishing requirements that retailers check identification.

Tobacco to 21 Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline Integrity, Safety, and Reliability Research and Development Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) natural gas and hazardous liquid pipelines are a critical element of our nation's energy infrastructure; (2) pipeline transportation of natural gas and liquid fuels is a cost-effective means of delivering energy; (3) the Nation's reliance on pipelines is increasing, especially for delivery of fuel to densely populated areas; (4) a number of the Nation's pipelines have been in service for more than 50 years; (5) ensuring pipelines are constructed and maintained to minimize the risks to safety and the environment is a national priority; (6) early detection of serious defects in a pipeline reduces the risk of accidents; (7) pipeline operators and Federal and State inspectors need advanced technologies to locate defects and monitor pipelines before failures occur; (8) the many benefits of pipeline transportation are in the national interest and it is appropriate for the Federal Government to provide investment in fundamental and research- driven innovation in the areas of pipeline materials, operations, and inspections techniques; and (9) Federal contributions to promoting pipeline safety should be part of a coordinated research and development program under the Department of Transportation and in coordination with the Department of Energy, the national laboratories, universities, the private sector, and other research institutes. SEC. 3. COOPERATION AND COORDINATION PROGRAM FOR PIPELINE INTEGRITY RESEARCH AND DEVELOPMENT. (a) In General.--The Secretary of Transportation, in coordination with the Secretary of Energy, shall develop and implement an accelerated cooperative program of research and development to ensure the integrity of natural gas and hazardous liquid pipelines. This research and development program shall include materials inspection techniques, risk assessment methodology, and information systems surety. (b) Purpose.--The purpose of the cooperative research program shall be to promote research and development to-- (1) ensure long-term safety, reliability and service life for existing pipelines; (2) expand capabilities of internal inspection devices to identify and accurately measure defects and anomalies; (3) develop inspection techniques for pipelines that cannot accommodate the internal inspection devices available on the date of enactment; (4) develop innovative techniques to measure the structural integrity of pipelines to prevent pipeline failures; (5) develop improved materials and coatings for use in pipelines; (6) improve the capability, reliability, and practicality of external leak detection devices; (7) identify underground environments that might lead to shortened service life; (8) enhance safety in pipeline siting and land use; (9) minimize the environmental impact of pipelines; (10) demonstrate technologies that improve pipeline safety, reliability, and integrity; (11) provide risk assessment tools for optimizing risk mitigation strategies; and (12) provide highly secure information systems for controlling the operation of pipelines. (c) Areas.--In carrying out this Act, the Secretary of Transportation, in coordination with the Secretary of Energy, shall consider research and development on natural gas, crude oil, and petroleum product pipelines for-- (1) early crack, defect, and damage detection, including real-time damage monitoring; (2) automated internal pipeline inspection sensor systems; (3) land use guidance and set back management along pipeline rights-of-way for communities; (4) internal corrosion control; (5) corrosion-resistant coatings; (6) improved cathodic protection; (7) inspection techniques where internal inspection is not feasible, including measurement of structural integrity; (8) external leak detection, including portable real-time video imaging technology, and the advancement of computerized control center leak detection systems utilizing real-time remote field data input; (9) longer life, high strength, non-corrosive pipeline materials; (10) assessing the remaining strength of existing pipes; (11) risk and reliability analysis models, to be used to identify safety improvements that could be realized in the near term resulting from analysis of data obtained from a pipeline performance tracking initiative. (12) identification, monitoring, and prevention of outside force damage, including satellite surveillance; and (13) any other areas necessary to ensuring the public safety and protecting the environment. (d) Points of Contact.-- (1) In general.--To coordinate and implement the research and development programs and activities authorized under this Act-- (A) the Secretary of Transportation shall designate, as the point of contact for the Department of Transportation, an officer of the Department of Transportation who has been appointed by the President and confirmed by the Senate; and (B) the Secretary of Energy shall designate, as the point of contact for the Department of Energy, an officer of the Department of Energy who has been appointed by the President and confirmed by the Senate. (2) Duties.--(A) The point of contact for the Department of Transportation shall have the primary responsibility for coordinating and overseeing the implementation of the research, development, and demonstration program plan, as defined in subsections (e) and (f). (B) The points of contact shall jointly assist in arranging cooperative agreements for research, development, and demonstration involving their respective Departments, national laboratories, universities, and industry research organizations. (e) Research and Development Program Plan.--Within 240 days after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of Energy and the Pipeline Integrity Technical Advisory Committee, shall prepare and submit to the Congress a 5-year program plan to guide activities under this Act. In preparing the program plan, the Secretary shall consult with appropriate representatives of the natural gas, crude oil, and petroleum product pipeline industries to select and prioritize appropriate project proposals. The Secretary may also seek the advice of utilities, manufacturers, institutions of higher learning, Federal agencies, the pipeline research institutions, national laboratories, State pipeline safety officials, environmental organizations, pipeline safety advocates, and professional and technical societies. (f) Implementation.--The Secretary of Transportation shall have primary responsibility for ensuring the five-year plan provided for in subsection (e) is implemented as intended by this Act. In carrying out the research, development, and demonstration activities under this Act, the Secretary of Transportation and the Secretary of Energy may use, to the extent authorized under applicable provisions of law, contracts, cooperative agreements, cooperative research and development agreements under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), grants, joint ventures, other transactions, and any other form of agreement available to the Secretary consistent with the recommendations of the Advisory Committee. (g) Reports to Congress.--The Secretary of Transportation shall report to the Congress annually as to the status and results to date of the implementation of the research and development program plan. The report shall include the activities of the Departments of Transportation and Energy, the national laboratories, universities, and any other research organizations, including industry research organizations. SEC. 4. PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE. (a) Establishment.--The Secretary of Transportation shall enter into appropriate arrangements with the National Academy of Sciences to establish and manage the Pipeline Integrity Technical Advisory Committee for the purpose of advising the Secretary of Transportation and the Secretary of Energy on the development and implementation of the five-year research, development, and demonstration program plan as defined in Sec. 3(e). The Advisory Committee shall have an ongoing role in evaluating the progress and results of the research, development, and demonstration carried out under this Act. (b) Membership.--The National Academy of Sciences shall appoint the members of the Pipeline Integrity Technical Advisory Committee after consultation with the Secretary of Transportation and the Secretary of Energy. Members appointed to the Advisory Committee should have the necessary qualifications to provide technical contributions to the purposes of the Advisory Committee. SEC. 5. AUTHORIZATION OF APPROPRIATION. (a) There are authorized to be appropriated to the Secretary of Transportation for carrying out this Act $3,000,000, which is to be derived from user fees (49 U.S.C. Sec. 60125), for each of the fiscal years 2001 through 2005. (b) Of the amounts available in the Oil Spill Liability Trust Fund (26 U.S.C. Sec. 9509), $3,000,000 shall be transferred to the Secretary of Transportation to carry out programs for detection, prevention, and mitigation of oil spills authorized in this Act for each of the fiscal years 2001 through 2005. (c) There are authorized to be appropriated to the Secretary of Energy for carrying out this Act such sums as may be necessary for each of the fiscal years 2001 through 2005.

Requires the Secretary to: (1) arrange with the National Academy of Sciences for the establishment of a Pipeline Integrity Technical Advisory Committee; and (2) prepare, along with the Committee, in coordination with the Secretary of Energy, and submit to Congress a five-year research and development program plan. Authorizes appropriations.

Pipeline Integrity, Safety, and Reliability Research and Development Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Career Ready Act of 2015''. SEC. 2. CAREER READINESS INDICATORS. (a) Adequate Yearly Progress.--Section 1111(b)(2)(C)(vii) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(vii)) is amended-- (1) by striking ``include other academic indicators'' and inserting ``include other college and career ready indicators''; and (2) by striking ``such as achievement on'' and all that follows through the end of the clause and inserting ``such as-- ``(I) achievement on additional State or locally administered assessments; ``(II) decreases in grade-to-grade retention rates; ``(III) attendance rates and rates of chronic absenteeism; ``(IV) the number and percentage of students attaining recognized postsecondary credentials, as defined by the Workforce Innovation and Opportunity Act, while in secondary school; ``(V) the number and percentage of students attaining State and local adjusted levels of performance, as defined in section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006, and reported by the State in a manner consistent with section 113(c) of such Act; ``(VI) measures that integrate preparation for postsecondary education and the workforce, including measures of performance in coursework sequences that include rigorous academics, work- based learning, and career and technical education; ``(VII) performance on assessments of career readiness; ``(VIII) rates of enrollment, remediation, persistence, and completion of postsecondary education; and ``(IX) the number, percentage, and changes in the percentages of students completing gifted and talented, advanced placement, and college preparatory courses.''. (b) State Report Card Optional Information.--Section 1111(h)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h)(1)(D)) is amended-- (1) in clause (vi), by striking ``and'' after the semicolon; (2) in clause (vii), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(viii) the number and percentage of students enrolled in each public secondary school in the State who attain State and local adjusted levels of performance, as defined in section 113(b) of the Carl D. Perkins Career and Technical Education Act of 2006, and reported by the State in a manner consistent with section 113(c) of such Act; ``(ix) the number and percentage of students enrolled in each public secondary school in the State that attain a recognized postsecondary credential, as defined in section 3 of the Workforce Innovation and Opportunity Act, while in secondary school; and ``(x) for high schools-- ``(I) the high school graduation rate; and ``(II) rates of enrollment, remediation, persistence, and completion of postsecondary education for students.''. SEC. 3. CAREER GUIDANCE AND COUNSELING. Section 5421 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7245) is amended-- (1) in subsection (a)(2)(B), by striking ``for initiating or expanding school counseling'' and inserting ``for initiating, enriching, or expanding school counseling and career guidance''; (2) in subsection (b)(2)-- (A) in subparagraph (D)-- (i) by inserting ``local workforce development board described in section 107 of the Workforce Opportunity and Investment Act (29 U.S.C. 3122), regional economic development agencies, area career and technical education schools (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006), local businesses and industries, organizations offering apprenticeship programs, tribal organizations, labor organizations, programs leading to a recognized postsecondary credential,'' after ``social service agencies,''; and (ii) by inserting ``, where appropriate in the case of secondary school applications'' after ``school-linked services integration''; (B) in subparagraph (G), by striking and after the semicolon; (C) in subparagraph (H) by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(I) describe how the local educational agency will provide college and career awareness and exploration activities, which may begin prior to a student entering high school; and ``(J) describe how the local educational agency will provide students with comprehensive and timely school counseling that addresses both college and career planning needs.''; and (3) in subsection (c)(2)-- (A) in subparagraph (K) by striking ``and'' after the semicolon; (B) in subparagraph (L) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(M) develop and implement comprehensive school counseling programs that align with the local educational agency's application; ``(N) in the case of a program serving secondary schools, identify regional workforce trends in collaboration with entities with expertise in identifying such trends, such as local workforce development boards described in section 107 of the Workforce Opportunity and Investment Act (29 U.S.C. 3122) and regional economic development organizations; ``(O) in the case of a program serving secondary schools, train counselors to effectively provide students with labor market information; ``(P) in the case of a program serving secondary schools, develop and implement a process for school counselors and school counselor programs to access the information regarding the regional workforce trends identified in paragraph (N); ``(Q) where appropriate, develop and implement integrated, job-embedded, and ongoing professional development programs for counselors and other educators involved in preparing students for postsecondary opportunities and careers; and ``(R) where appropriate, develop personalized learning plans for each student that map a defined program of study based on the student's academic and career goals.''.

Career Ready Act of 2015 Amends the school improvement program under part A of title I of the Elementary and Secondary Education Act of 1965 to allow states to include certain career readiness indicators in their determination as to whether students are making adequate yearly progress toward state academic performance standards. Allows states to include on their annual report cards on student progress toward those standards: the number and percentage of their public secondary school students who attain state and local adjusted levels of career and technical education performance, as defined by the Carl D. Perkins Career and Technical Education Act of 2006; the number and percentage of their public secondary school students that attain a recognized postsecondary credential, as defined by the Workforce Innovation and Opportunity Act; and high school graduation, enrollment, remediation, persistence, and completion rates. Requires local educational agencies awarded a grant for elementary and secondary school counseling programs under part D of title V of the ESEA to use the funds for additional activities that include: developing and implementing comprehensive school counseling programs that are aligned with their grant applications; identifying regional workforce trends, in collaboration with entities experienced in identifying such trends, and enabling school counselor programs at the secondary school level to access that data; training counselors to effectively provide labor market information to secondary school students; developing and implementing integrated, job-embedded, and ongoing professional development programs for educators who prepare students for postsecondary opportunities and careers; and developing personalized learning plans for each student that map a defined program of study based on the student's academic and career goals.

Career Ready Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Firearms Information Use Act of 2008''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``covered firearms information'' means any information-- (A) contained in the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives; (B) required to be kept by a licensee under section 923(g) of title 18, United States Code; or (C) required to be reported under paragraph (3) or (7) of section 923(g) of title 18, United States Code; (2) the term ``firearm'' has the meaning given that term in section 921 of title 18, United States Code; (3) the term ``licensee'' means a person licensed under chapter 44 of title 18, United States Code; and (4) the term ``qualified civil liability action'' has the meaning given that term in section 4 of the Protection of Lawful Commerce in Arms Act (15 U.S.C. 7903). SEC. 3. REPEAL OF RESTRICTIONS. (a) In General.--The Consolidated Appropriations Act, 2008 (Public Law 110-161) is amended under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title II of division B by striking ``Provided further, That, beginning in fiscal year 2008 and thereafter, no funds'' and all that follows through ``felons, and trafficking investigations:''. (b) Other Fiscal Years.-- (1) In general.--The sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2295) is amended-- (A) by striking ``with respect to any fiscal year''; and (B) by striking ``, and all such data shall be immune from legal process'' and all that follows through ``a review of such an action or proceeding''. (2) Fiscal years 2005 and 2003.--Section 644 of title VI of division J of the Consolidated Appropriations Resolution, 2003 (5 U.S.C. 552 note) and the sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title I of division B of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat 2860) are each amended by striking ``with respect to any fiscal year''. (3) Fiscal year 2004.--The sixth proviso under the heading ``salaries and expenses'' under the heading ``Bureau of Alcohol, Tobacco, Firearms and Explosives'' under title I of the Consolidated Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 53) is amended by adding at the end the following ``, and before October 1, 2004''. (c) Effective Date; Applicability.--The amendments made by this section shall-- (1) take effect on the date of enactment of this Act; (2) apply to any request for or disclosure of information-- (A) pending on the date of enactment of this Act; or (B) made on or after the date of enactment of this Act; (3) apply to the admissibility of evidence in any proceeding pending on or after the date of enactment of this Act; and (4) apply, notwithstanding any provision of any appropriations Act. SEC. 4. LIMITATIONS ON DISCLOSURE AND USE IN CIVIL PROCEEDINGS. (a) Disclosures to Law Enforcement and Other Government Agencies.-- Upon receipt of a request from a law enforcement agency, a Federal agency, a Member of Congress, or the chief executive of a State, local, or tribal government in connection with a law enforcement, national security, or intelligence purpose, for covered firearms information, the Attorney General shall provide all such information. (b) Protections Against Public Disclosure.--No Federal department or agency or State, local, or tribal government shall knowingly and publically disclose covered firearms information that-- (1) identifies any undercover law enforcement officer or confidential informant; (2) contains specific information relating to any case under investigation; or (3) includes the name, address, or any other uniquely identifying information of the lawful purchaser of any firearm. (c) Limitations on Use in Civil Proceedings.-- (1) In general.--Subject to paragraph (2), covered firearms information may be used, relied on, disclosed, and is admissible, and testimony or other evidence may be permitted based upon such information, in any court or administrative proceeding to the extent permitted under the rules applicable to such proceeding. (2) Firearms trace system database.--Information contained in the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives may not be used, relied on, disclosed, or admitted, and no testimony or other evidence shall be permitted based on such information-- (A) in any qualified civil liability action, except that such information may be considered in camera in determining whether an action or proceeding is a qualified civil liability action; or (B) if that information identifies any undercover law enforcement officer or confidential informant. (d) Availability for Use in Governmental Administrative Proceedings.--Nothing in this section may be construed to limit the disclosure for use in, or the use, reliance on, disclosure, admissibility, or permissibility of using, covered firearms information in any action or proceeding that is-- (1) commenced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce the provisions of chapter 44 of title 18, United States Code; (2) instituted by a government agency and relating to a license or similar authorization; or (3) a review of an action or proceeding described in paragraph (1) or (2).

Firearms Information Use Act of 2008 - Amends the Consolidated Appropriations Act, 2008 to repeal restrictions on the disclosure of the content of the Firearms Trace System database. Requires the Attorney General to provide firearms information relating to law enforcement, national security, or intelligence purposes that is requested by law enforcement and federal agencies, Members of Congress, or state and tribal officials. Prohibits the public disclosure of firearms information that: (1) identifies any undercover law enforcement officer or informant; (2) contains specific information relating to any case under investigation; or (3) includes the name, address, or any identifying information of a lawful purchaser of any firearm. Restricts the use of information contained in the Firearms Trace System database in civil proceedings.

A bill to authorize appropriate use of information in the Firearms Trace Database, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Correcting Unfair Benefits for Aliens Act of 2016'' or as the ``CUBA Act of 2016''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) On July 1, 2015, President Obama announced that Cuba and the United States would reopen their embassies and restore diplomatic ties. (2) Diplomatic relations between the two countries were formally reestablished July 20, 2015, when the United States and Cuba reopened their respective embassies. (3) The International Business Times reported on September 10, 2015, that ``Texas is on pace this year to set a new record for the number of Cubans trying to enter the United States through the Lone Star State, with about 60 percent more migrants from the island nation making the trip in 2015 compared to one year before.''. (4) The Obama Administration has reestablished relations with Cuba, and that, therefore, the special treatment Cuban nationals receive under the Cuban Adjustment Act, the Immigration and Nationality Act, the Cuban Family Reunification Program and the Wet Foot/Dry Foot policy are no longer applicable and fail the ``urgent humanitarian reasons'' and ``significant public benefit'' tests. (b) Sense of Congress.--It is the sense of Congress that Cuban nationals should be treated under the same immigration rules as nationals of other countries with which the United States has diplomatic relations and should not receive preferential treatment. SEC. 3. REPEAL OF THE CUBAN ADJUSTMENT ACT. (a) Repeals of Relevant Statutes.-- (1) Repeal of limitation on repeal of cuban adjustment act.--Section 606 of title VI of division C of Public Law 104- 208 is repealed. (2) Cuban adjustment act.--Public Law 89-732 is repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply only to any alien admitted or paroled into the United States on or after the date of the enactment of this Act. SEC. 4. CERTAIN ACTIVITIES RESTRICTED. No funds, resources, or fees made available to the Secretary of Homeland Security, the Secretary of State, or to any other official of a Federal agency, by this Act or any other Act for any fiscal year, including any deposits into the ``Immigration Examinations Fee Account'' established under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may be used to implement, administer, enforce, or carry out (including through the issuance of any regulations) any of the policy changes set forth in the memorandum from the Director of United States Immigration and Customs Enforcement entitled ``Cuban Family Reunification Parole Program'' dated November 21, 2007 (or any substantially similar policy changes, whether set forth in memorandum, Executive order, regulation, directive, or by other action). SEC. 5. CERTAIN CUBANS ENTRANTS INELIGIBLE FOR REFUGEE ASSISTANCE. (a) In General.--Title V of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended-- (1) in the heading by striking ``CUBAN AND''; and (2) in section 501-- (A) by striking ``Cuban and'' each place it appears; and (B) in subsection (e)-- (i) in paragraph (1)-- (I) by striking ``Cuban/''; and (II) by striking ``Cuba or''; and (ii) in paragraph (2), by striking ``Cuba or''. (b) Conforming Amendments.-- (1) Personal responsibility and work opportunity reconciliation act of 1996.--Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) is amended by striking ``Cuban and Haitian entrant'' each place it appears and inserting ``Haitian entrant''. (2) Immigration and nationality act.--Section 245A(h)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1255a(h)(2)(A)) is amended by striking ``Cuban and Haitian entrant'' each place it appears and inserting ``Haitian entrant''. (c) Applicability.--The amendments made by this section shall apply only in the case of a national of Cuba who enters the United States on or after the date of the enactment of this Act. SEC. 6. REPORT. Not later than 90 days after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall submit to Congress a report which describes the methods by which the requirement under section 416.215 of title 20, Code of Federal Regulations, is enforced.

Correcting Unfair Benefits for Aliens Act of 2016 or the CUBA Act of 2016 This bill expresses the sense of Congress that Cuban nationals should be treated under the same immigration rules as nationals of other countries with which the United States has diplomatic relations and should not receive preferential treatment. The bill repeals P.L. 89-732, which provides for the adjustment of Cuban citizens or nationals to lawful permanent resident status in the United States. No funds, resources, or fees made available to the Department of Homeland Security, the Department of State, or to any other federal agency, including deposits into the Immigration Examinations Fee Account, may be used to implement or administer any of the policy changes set forth in the 2007 memorandum from U.S. Immigration and Customs Enforcement entitled "Cuban Family Reunification Parole Program." Cuban nationals who enter the United States on or after the date of enactment of this Act shall be ineligible for refugee/parolee assistance under the Refugee Education Assistance Act of 1980. Conforming amendments are made to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Immigration and Nationality Act. The Inspector General of the Social Security Administration shall report to Congress describing methods for enforcing the loss of Supplemental Security Income eligibility by persons who are absent from the United States for at least one month.

CUBA Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gateway to Democracy Act of 2004''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) The right of citizens of the United States to vote is a fundamental right. (2) It is the responsibility of the Federal, State, and local governments to ensure that voter registration laws and procedures enhance the participation of eligible citizens as voters. (3) Young adults often fail to participate in the first election for which they are eligible to vote. (4) Young adults are consistently the age group with the lowest voter turnout. According to the Bureau of the Census, in the 2000 general election only 45.4% of 18 to 24 year olds were registered to vote and only 32.3% voted. The statistics for the 1998 general election were even more dismal, as 39.2% of such individuals were registered and a mere 16.6% actually went to the polls. (5) One of the reasons for the failure of young adults to vote is that most States require registration prior to the election itself, so that it is too late to establish voter eligibility on Election Day. (6) The National Voter Registration Act of 1993 established that the simultaneous application for voter registration with the application for a motor vehicle driver's license provides the government with an effective mechanism for increasing access to voter registration. (7) While many States allow individuals to get their license before they meet the age requirement for voter registration, few States allow registration at that time if the potential voter has not yet reached the minimum voting age. (8) In order to remove this barrier, increase the effectiveness of the National Voter Registration Act of 1993, and ensure that the maximum number of young adults is given the opportunity to register to vote, a procedure should be established to allow young adults who do not yet meet the voting age requirement to nevertheless register to vote at the time they apply for their driver's licenses. (9) Hawaii, Connecticut, Iowa, Florida, Maine, Missouri, and Texas have already implemented successful pre-registration programs which allow individuals to register to vote prior to meeting all of the eligibility requirements for registration. (b) Purpose.--It is the purpose of this Act-- (1) to increase the effectiveness of the National Voter Registration Act of 1993; (2) to expand the categories of individuals who are given the opportunity to register to vote under the National Voter Registration Act of 1993 to include young adults who do not yet meet the minimum age requirement to vote; and (3) to encourage civic engagement by young adults. SEC. 3. PERMITTING CERTAIN INDIVIDUALS UNDER MINIMUM LEGAL VOTING AGE TO COMPLETE VOTER REGISTRATION APPLICATION FORMS. (a) Forms Provided With Applications for Motor Vehicle Driver's License.--Section 5(c)(2)(C)(ii) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-3(c)(2)(C)(ii)) is amended by striking ``requirement'' and inserting the following: ``requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting)''. (b) Forms Provided by Other Designated Voter Registration Agencies.--Section 7(a)(6)(A)(i)(II) of such Act (42 U.S.C. 1973gg- 5(a)(6)(A)(i)(II)) is amended by striking ``requirement'' and inserting the following: ``requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting)''. (c) Mail Voter Registration Form.-- (1) In general.--Section 9(b)(2)(B) of such Act (42 U.S.C. 1973gg-7(b)(2)(B)) is amended by striking ``requirement'' and inserting the following: ``requirement (or, in the case of an applicant who is under the minimum legal voting age, an attestation that the applicant will reach such age prior to voting)''. (2) Conforming amendment regarding check-off box for age.-- Section 303(b)(4)(A)(ii) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(A)(ii)) is amended to read as follows: ``(ii) The question `If you are under the minimum legal voting age, will you certify that you understand that this application will not become effective and you will not be able to vote in any election prior to reaching that age?' and boxes for the applicant to check to indicate whether or not the applicant will so certify.''. (d) Rule of Construction Regarding Minimum Age for Submission of Forms.--Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Minimum Age for Submission of Forms.--Nothing in this Act may be construed to require a State to accept any voter registration application form from an individual who, at the time of submitting the form, has not attained the age at which the individual may apply for a motor vehicle driver's license in the State.''. SEC. 4. MAINTENANCE AND AVAILABILITY OF INFORMATION ON INDIVIDUALS UNDER MINIMUM LEGAL VOTING AGE. Section 303(a)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(1)(A)) is amended by adding at the end the following new clause: ``(ix) In addition to the information on legally registered voters which is maintained on the list, the State shall maintain information on those individuals in the State who have completed applications for voter registration prior to reaching the minimum legal voting age, and shall make the information available to election officials in the State.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to applications to register to vote in elections occurring in a State after the date on which the State is required to comply with the requirements of section 303(a) of the Help America Vote Act of 2002 (relating to the implementation of a computerized Statewide voter registration list).

Gateway to Democracy Act of 2004 - Amends the National Voter Registration Act of 1993 to allow individuals under the minimum legal voting age, but who will reach such age before voting, to fill out the voter registration application forms when they get their driver's license. Amends the Help America Vote Act of 2002 to require States to maintain information on such individuals and make it available to election officials.

To amend the National Voter Registration Act of 1993 to permit certain individuals who are under the minimum legal voting age to complete voter registration application forms, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``75th Anniversary of the End of World War II Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States entered World War II as a result of the surprise Japanese attack against our fleet at Pearl Harbor, Hawaii, on December 7, 1941, which killed 2,403 people of the United States; (2) the United States joined the wartime Allied cause against the militarist, fascist, and racist dictatorships of Germany, Japan, and Italy (the Axis), fighting for President Franklin D. Roosevelt's ``Four Freedoms'' (freedom of speech, of worship, from want, and from fear); (3) the United States placed no more than 16,000,000 of its citizens into uniform in the course of the struggle, enduring a string of early defeats, recovering to conduct a total war on land, sea, and air, and eventually establishing total dominance over its enemies; (4) the war took the lives of 405,399 United States military personnel, fellow citizens who made the supreme sacrifice in a perilous moment in the history of the United States, giving their lives for the cause of democracy and peace; (5) the conflict led to a comprehensive transformation of the home front from a civilian economy dedicated to peacetime production into the mightiest engine of military might in human history (labeled the ``Arsenal of Democracy''), demanding the participation of the entire citizenry and thus leading to increased opportunities for racial minorities and women; (6) the war ended on September 2, 1945, after the unconditional surrender of Nazi Germany, Fascist Italy, and Imperial Japan, and a total victory for the United States and the Allies; (7) Allied victory in World War II transformed the United States into the leader of the ``free world,'' a community of countries dedicated to democratic principles and to resisting all forms of tyranny, including authoritarian, militarist, or communist, and an international order founded on open societies, liberal economies, and the peaceful resolution of disputes; (8) participation in the wartime struggle emboldened women, African Americans and other previously marginalized groups to seek equal rights, encouraged the growth of the civil rights movement, and thus contributed to the development of ``a more perfect union,'' guaranteeing freedom, justice, and equality for all; (9) the generation of United States citizens who fought World War II is passing away with the march of time, and that therefore the urgent need to give honor to those who served is all the more critical; and (10) the period from May 8, 2020, to September 2, 2020, will mark the 75th anniversary of the end of the involvement of the United States in World War II and the surrender of Nazi Germany and Imperial Japan, respectively. SEC. 3. COIN SPECIFICATIONS. (a) $5 Gold Coins.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 50,000 $5 coins in commemoration of the 75th anniversary of the end of World War II, each of which shall-- (1) weigh 8.359 grams; (2) have a diameter of 0.850 inches; and (3) contain not less than 90 percent gold. (b) $1 Silver Coins.--The Secretary shall mint and issue not more than 500,000 $1 coins in commemoration of the 75th Anniversary of the end of World War II, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain not less than 90 percent silver. (c) Half Dollar Clad Coins.--The Secretary shall mint and issue not more than 750,000 half dollar clad coins in commemoration of the 75th Anniversary of the end of World War II, each of which shall-- (1) weigh 11.34 grams; (2) have a diameter of 1.205 inches; and (3) be minted to the specifications for half dollar coins contained in section 5112 (b) of title 31, United States Code. (d) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (e) 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 COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the great sacrifices made by millions of people of the United States 75 years ago to bring a victorious end to World War II. (b) Designation and Inscriptions.--On each coin minted under this Act, there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2020''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Design.--On each coin minted under this Act, there shall be a representation of the World War II Victory Medal, awarded to all 16 million United States military personnel who served from December 7, 1941, to December 31, 1946. (d) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with The National WWII Museum and the Commission of Fine Arts; and (2) reviewed by the Citizens of Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins under this Act only during the period beginning on January 1, 2020, and ending on December 31, 2020. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7 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 issued 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. (4) A surcharge of $50 per coin for the $1 coin described under section 3(d). (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 paid to the congressionally designated The National WWII Museum Inc. to fund its educational mission of telling the story of the United States experience in World War II. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of The National WWII Museum Inc. as may be related to the expenditures of amounts paid 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 programs issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). 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, are 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.

75th Anniversary of the End of World War II Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 coins, 500,000 $1 coins, and 750,000 half-dollar coins in commemoration of the 75th anniversary of the end of World War II. The coins shall be emblematic of the sacrifices made by millions of people of the United States 75 years ago in bringing an end to World War II. The design on each coin shall represent the World War II Victory Medal, which was awarded to all 16 million U.S. military personnel who served from December 7, 1941, to December 31, 1946. The bill requires all sales of such coins include specified surcharges, which shall be paid by Treasury to the congressionally designated National WWII Museum to fund its educational mission of telling the story of the U.S. experience in World War II.

75th Anniversary of the End of World War II Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Prisons Communications Act of 2009''. SEC. 2. INTERFERENCE PERMITTED WITHIN PRISONS. Section 333 of the Communications Act of 1934 (47 U.S.C. 333) is amended-- (1) by inserting ``(a) In General.--'' before ``No person''; and (2) by adding at the end the following: ``(b) Exception for Prisons.-- ``(1) Waiver.-- ``(A) In general.--The Director of the Federal Bureau of Prisons or the chief executive officer of a State (or his or her designee) may, by petition, request that the Commission grant a waiver of subsection (a) to permit the installation of devices for the sole purpose of preventing, jamming, or interfering with wireless communications within the geographic boundaries of a specified prison, penitentiary, or correctional facility under his or her jurisdiction. ``(B) Term.--A waiver granted under this subsection shall be for a term not to exceed 10 years, but shall be renewable by petition. ``(C) Fee.--The Commission may not charge a filing fee for a petition under this paragraph. ``(2) Notification; database.-- ``(A) Notification of carriers.--Upon receipt of a petition under paragraph (1), the Commission shall provide a copy of the petition to each commercial mobile service provider serving the area that includes the prison, penitentiary, or correctional facility to which the petition applies. ``(B) Database.--The Commission shall maintain an electronic database containing a copy of each such petition received by it and the disposition thereof. The Commission shall update the database at least monthly and shall make the database publicly available on the Commission's Internet website and publish a copy of the database in the Federal Register at least quarterly. ``(3) Disposition of petition.--In determining whether to grant a requested waiver, the Commission shall consider, among other factors, whether the grant of the waiver would interfere with emergency or public safety communications. The Commission shall act on a request under this subsection within 60 calendar days after the date on which the Commission receives the petition. ``(4) Transfer prohibited.--A prison, penitentiary, or correctional facility that receives a waiver pursuant to this subsection may not transfer the ownership or right to use any device authorized pursuant to the waiver to any third party for use outside the area of the prison, penitentiary, or correctional facility for which the waiver was granted. ``(5) Limitations on use.--Within 1 year after the date of enactment of the Safe Prisons Communications Act of 2009, the Commission shall adopt final regulations governing the use of devices authorized by a waiver under this subsection that, at a minimum, require that the prison, penitentiary, or correctional facility-- ``(A) utilize a device-- ``(i) authorized by the Commission; and ``(ii) specifically approved by the Commission for the purpose described in paragraph (1); ``(B) operate the device at the lowest possible transmission power necessary to prevent, jam, or interfere with wireless communications by inmates; and ``(C) operate the device in a manner that does not interfere with wireless communications that originate and terminate outside the area of the prison, penitentiary, or correctional facility, by operating the device on a directionalized basis, by utilizing all other interference-limiting capabilities available to the device, or otherwise. ``(6) Suspension; revocation.-- ``(A) Termination or suspension of waiver.-- ``(i) Notice from provider.--The Commission shall suspend a waiver granted under this subsection with respect to a prison, penitentiary, or correctional facility upon receiving written notice from a commercial mobile service provider, supported by affidavit and such documentation as the Commission may require, stating that use of a device by or at such prison, penitentiary, or correctional facility is interfering with commercial mobile service provided by that provider or is otherwise preventing or jamming such communications (other than within the confines of such prison, penitentiary, or correctional facility). Within 90 days after receiving such a notice and documentation, the Commission shall conclude an investigation to determine whether the device authorized for use at the prison, penitentiary, or correctional facility is causing such interference and shall issue an order reinstating, modifying, or terminating the waiver based on its findings and conclusions. ``(ii) Noncompliant usage.--If the Commission has reason to believe that a prison, penitentiary, or correctional facility for which a waiver has been granted under this subsection is not in compliance with the regulations under this subsection, the Commission shall suspend the waiver until it can make a determination with respect to such compliance after notice and an opportunity for a hearing. ``(B) Revocation.--The Commission may revoke a waiver under this section for willful or repeated violations, or failure to observe the requirements, of the waiver or the regulations promulgated by the Commission under this subsection. ``(C) Interim usage.--If the Commission initiates a suspension or a revocation proceeding under this paragraph, it may prohibit use of the device to which the waiver relates at the prison, penitentiary, or correctional facility for which the waiver was granted during the pendency of any such proceeding.''. SEC. 3. DEVICE CERTIFICATION CRITERIA RULEMAKING. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall adopt a final rule establishing criteria for certification for the manufacture, sale, importation, and interstate shipment of devices that may be used pursuant to a waiver under section 333(b) of the Communications Act of 1934 (47 U.S.C. 333(b)), notwithstanding section 302 of such Act (47 U.S.C. 302a). The regulations shall require, at a minimum, that any such device-- (1) operate at the lowest technically feasible transmission power that will permit prison, penitentiary, or correctional staff to prevent, jam, or interfere with wireless communications within the geographic boundaries of a specified prison, penitentiary, or correctional facility; (2) be capable of directionalized operation; and (3) comply with any other technical standards deemed necessary or appropriate by the Commission to ensure that the device does not create interference to other than the targeted wireless communications. (b) Certification Process.--After the date on which the final rule promulgated under subsection (a) is published in the Federal Register, the Commission shall grant or deny an application for certification of a device described in subsection (a) within 180 calendar days of receiving an application therefor.

Safe Prisons Communications Act of 2009 - Amends the Communications Act of 1934 to authorize the director of the Federal Bureau of Prisons or the chief executive officer of a state to petition the Federal Communications Commission (FCC) to permit the installation of devices to prevent, jam, or interfere with wireless communications within the geographic boundaries of a specific prison, penitentiary, or correctional facility under his or her jurisdiction. Requires that the device be operated on a directional basis, using all other interference-limiting capabilities available to the device, or otherwise so that the device does not interfere with wireless communications that originate and terminate outside the area of the prison, penitentiary, or correctional facility. Requires the FCC to adopt a final rule establishing criteria for certification for the manufacture, sale, importation, and interstate shipment of such devices.

To amend the Communications Act of 1934 to permit targeted interference with mobile radio services within prison facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Living Centers Technical Adjustment Act''. SEC. 2. INDEPENDENT LIVING CENTERS TECHNICAL ADJUSTMENT. (a) Grants to Centers for Independent Living in States in Which Federal Funding Exceeds State Funding.-- (1) In general.--If the conditions described in paragraph (2) are satisfied with respect to a State, in awarding funds to existing centers for independent living (described in section 722(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-1(c))) in the State, the Commissioner of the Rehabilitation Services Administration-- (A) in fiscal year 2010-- (i) shall distribute among such centers funds appropriated for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) by any Act other than the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) in the same proportion as such funds were distributed among such centers in the State in fiscal year 2009, notwithstanding section 722(e) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-1(e)) and any contrary provision of a State plan submitted under section 704 of such Act (29 U.S.C. 796c); and (ii) shall disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); and (B) in fiscal year 2011 and subsequent fiscal years, shall disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.). (2) Conditions.--The conditions described in this paragraph are the following: (A) The Commissioner receives a request from the State, not later than August 5, 2010, jointly signed by the State's designated State unit (referred to in section 704(c) of such Act (29 U.S.C. 796c(c))) and the State's Statewide Independent Living Council (established under section 705 of such Act (29 U.S.C. 796d)), for the Commissioner to disregard any funds provided to centers for independent living in the State from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.). (B) The Commissioner is not conducting a competition to establish a new part C center for independent living with funds appropriated by the American Recovery and Reinvestment Act of 2009 in the State. (b) Grants to Centers for Independent Living in States in Which State Funding Equals or Exceeds Federal Funding.--In awarding funds to existing centers for independent living (described in section 723(c) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-2(c))) in a State, the director of the designated State unit that has approval to make such awards-- (1) in fiscal year 2010-- (A) may distribute among such centers funds appropriated for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.) by any Act other than the American Recovery and Reinvestment Act of 2009 in the same proportion as such funds were distributed among such centers in the State in fiscal year 2009, notwithstanding section 723(e) of the Rehabilitation Act of 1973 (29 U.S.C. 796f-2(e)) and any contrary provision of a State plan submitted under section 704 of such Act (29 U.S.C. 796c); and (B) may disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.); and (2) in fiscal year 2011 and subsequent fiscal years, may disregard any funds provided to such centers from funds appropriated by the American Recovery and Reinvestment Act of 2009 for the centers for independent living program under part C of title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Independent Living Centers Technical Adjustment Act - Directs the Commissioner of the Rehabilitation Services Administration of the Department of Education, in awarding funds in a state during FY2010 to existing centers for independent living for people with disabilities under the Rehabilitation Act of 1973, if certain conditions are satisfied, to distribute such funds among such centers according to a proportional allocation, disregarding any funds previously distributed from appropriations by the American Recovery and Reinvestment Act of 2009 (ARRA). Sets as such conditions that: (1) the Commissioner receives from the state, by August 5, 2010, a request to disregard ARRA funds, jointly signed by the designated state unit that receives and disburses funds to such centers and the state's Statewide Independent Living Council; and (2) the Commissioner is not conducting a competition to establish a new center for independent living in the state with ARRA funds. Requires the distribution of funds among such centers in a state for FY2010 (except under ARRA) to be in the same proportion as the regular funds appropriated for FY2009 for such centers, disregarding any ARRA funds. Requires continued disregard of ARRA funds in the allocation of funds for such centers in FY2011 and subsequent fiscal years. Authorizes the director of the designated state unit with approval to award funds to existing centers for independent living in the state to: (1) distribute non-ARRA funds among such centers during FY2010 in the same proportion as such funds were distributed in FY2009, disregarding ARRA funds; and (2) continue disregarding ARRA funds in distributions for FY2011 and subsequent fiscal years.

To provide a technical adjustment with respect to funding for independent living centers under the Rehabilitation Act of 1973 in order to ensure stability for such centers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Carrier Safety Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The Federal motor carrier safety regulations need to be strengthened to improve information provided to motor carriers about past safety performance of drivers and to improve supporting documentation for records of duty status. (2) The final penalties imposed on motor carriers for violations of Federal motor carrier safety regulations are sometimes too small to motivate effective compliance with the safety regulations. (3) Penalties are too often considered part of the cost of doing business. (4) The Federal Highway Administration's ability to promote compliance would be increased by setting minimum penalty amounts and by increasing the current maximum penalties allowed for such violations. (5) Minimum penalty amounts would send the message to the motor carrier industry that violations of the Federal motor carrier safety regulations are significantly more serious than traffic violations. (6) Imposition of minimum civil penalties would increase uniformity of penalties among different regions of the Federal Highway Administration. (b) Purposes.--The purposes of this Act are-- (1) to increase the maximum penalty amounts for civil violations of Federal motor carrier safety regulations; (2) to set a minimum penalty amount for such violations of Federal motor carrier safety regulations; and (3) to improve information provided to motor carriers about past safety performance of drivers and to improve supporting documentation for records of duty status. SEC. 3. ESTABLISHMENT OF MINIMUM AMOUNT AND INCREASED MAXIMUM AMOUNTS. Section 521(b)(2)(A) of title 49, United States Code, is amended-- (1) by striking ``not to exceed $500'' and inserting ``not less than $500 and not to exceed $1,000''; (2) by striking ``not exceed $2,500'' and inserting ``not be less than $500 and shall not exceed $5,000''; (3) by striking ``$1,000'' each place it appears and inserting ``$2,000''; (4) by striking ``$10,000'' the first place it appears and inserting ``$20,000''; and (5) by striking ``$10,000'' the second place it appears and inserting ``$25,000''. SEC. 4. DRIVER'S RECORD OF DUTY STATUS. (a) In General.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Transportation shall promulgate regulations amending section 395.8(k) of title 49, Code of Federal Regulations, to require that any supporting document bearing on the record of duty status of a driver who operates a commercial motor vehicle-- (1) be retained, by the motor carrier using such driver, for at least 6 months following receipt of such document by the motor carrier; and (2) include information identifying the driver and vehicle related to the document. (b) Definition.--In this section, the term ``supporting document'' means any electronic or paper document or record generated in the normal course of business, in the provision of transportation by commercial motor vehicle, that could be used by a safety inspector or motor carrier to verify the accuracy of entries in a driver's record of duty status, including trip reports, pay slips, bills of lading or shipping papers, and receipts for fuel, lodging, and tolls. SEC. 5. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS. (a) Amendment of Regulations.--Within 18 months after the date of the enactment of this Act, the Secretary of Transportation shall amend section 391.23 of title 49, Code of Federal Regulations, to-- (1) specify the safety information that must be sought under that section by a motor carrier with respect to a driver; (2) require that such information be requested from former employers and that former employers furnish the requested information within 30 days after receiving the request; and (3) ensure that the driver to whom such information applies has a reasonable opportunity to review and comment on the information. (b) Safety Information.--The safety information required to be specified under subsection (a)(1) shall include information on-- (1) any motor vehicle accidents in which the driver was involved during the preceding 3 years; (2) any failure of the driver, during the preceding 3 years, to undertake or complete a rehabilitation program under section 12020 of the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2701) after being found to have used, in violation of law or Federal regulation, alcohol or a controlled substance; (3) any use by the driver, during the preceding 3 years, in violation of law or Federal regulation of alcohol or a controlled substance subsequent to completing such a rehabilitation program; and (4) any other matters determined by the Secretary of Transportation to be appropriate and useful for determining the driver's safety performance. (c) Former Employer.--For purposes of this section, a former employer is any person who employed the driver in the preceding 3 years.

Motor Carrier Safety Act of 1993 - Amends Federal transportation law to set forth minimum and increase maximum civil penalty amounts for: (1) violations of certain motor carrier safety recordkeeping requirements; and (2) substantial health and motor carrier safety violations which could lead to, or have resulted in, serious personal injury or death. Directs the Secretary of Transportation (Secretary) to issue regulations to require that any document bearing on the record of duty status of a driver who operates a commercial motor vehicle: (1) be retained by the employing motor carrier for at least six months after receipt; and (2) include information identifying the driver and vehicle. Requires the Secretary to amend the Code of Federal Regulations (CFR) with respect to the acquisition of safety performance histories of new drivers employed by a motor carrier.

Motor Carrier Safety Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry National Historic Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the United States steel industry; (2) a very large proportion of the buildings and other structures in the Commonwealth are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge; and (3) despite substantial efforts by the Commonwealth, as well as individuals and public and private entities in the Commonwealth, to preserve and interpret these significant historical and cultural buildings and structures, such buildings and structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this Act are to provide for the preservation, interpretation, visitor enjoyment, and maintenance of the nationally significant historical and cultural sites and structures described in subsection (a) for the benefit and inspiration of present and future generations. SEC. 3. DEFINITIONS. In this Act: (1) Commonwealth.--The term ``Commonwealth'' means the Commonwealth of Pennsylvania. (2) Historic site.--The term ``historic site'' means the Steel Industry National Historic Site established by section 4. (3) Plan.--The term ``plan'' means the management plan for the historic site required under section 7. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. STEEL INDUSTRY NATIONAL HISTORIC SITE. (a) Establishment.--There is established as a unit of the National Park System the Steel Industry National Historic Site in the Commonwealth. (b) Components.--The historic site shall consist of land and interests in land relating to the former United States Steel Homestead Works, including-- (1) the Battle of Homestead site in the borough of Munhall, Pennsylvania, consisting of approximately 3 acres of land, including the pumphouse and water tower and related structures, within the property bounded by the Monongahela River, the CSX railroad, Waterfront Drive, and the Damascus-Marcegaglia Steel Mill; (2) the Carrie Furnace complex in the boroughs of Swissvale and Rankin, Pennsylvania, consisting of approximately 35 acres of land, including blast furnaces 6 and 7, the ore yard, the cast house, the blowing engine house, the AC power house, and related structures, within the property bounded by the proposed southwesterly right-of-way line needed to accommodate the Mon/ Fayette Expressway and the relocated CSX railroad right-of-way, the Monongahela River, and a property line drawn northeast to southwest approximately 100 yards east of the AC power house; (3) the Hot Metal Bridge, consisting of the Union railroad bridge and its approaches, spanning the Monongahela River and connecting the mill sites in the boroughs of Rankin and Munhall; and (4) all other property included in the historic site-- (A) by Federal law; or (B) acquired by the Secretary for inclusion in the historic site under section 5 or other Federal law. SEC. 5. ACQUISITION OF PROPERTY. (a) Real Property.--To further the purposes of this Act, the Secretary may acquire for inclusion in the historic site-- (1) land and interests in land described in paragraphs (1), (2), or (3) of section 4(b); and (2) not more than 10 acres of land adjacent to, or in the general vicinity of, the property described in paragraphs (1), (2), or (3) of section 4(b), for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (b) Personal Property.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the historic site. (c) Means.--An acquisition of real property or personal property shall be made by donation. SEC. 6. ADMINISTRATION. (a) In General.--The Secretary shall administer the historic site in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including-- (1) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and (2) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.-- (1) In general.--The Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution to further the purposes of the historic site. (2) Reimbursement.--A payment made by the Secretary under the terms of a cooperative agreement entered into under this subsection shall be subject to an agreement that if at any time the project assisted is converted, used, or disposed of in a manner that is contrary to the purposes of this Act, as determined by the Secretary, the interested entity or individual shall reimburse the Secretary for the greater of-- (A) the amount of assistance provided for the project; or (B) the portion of the increased value of the project that is attributable to that assistance, determined as of the date of the conversion, use, or disposal. (c) Technical Assistance.--The Secretary may provide to any person technical assistance for-- (1) preserving historic structures of the historic site; (2) maintaining the natural and cultural landscape of the historic site; and (3) local preservation planning for the historic site. SEC. 7. GENERAL MANAGEMENT PLAN. (a) In General.--Not later than 3 fiscal years after the date of enactment of this Act, the Secretary shall-- (1) prepare a plan for the historic site; and (2) submit the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (b) Consultation With Local Officials.--In preparing the plan under subsection (a)(1), the Secretary shall consult with-- (1) a representative of each political subdivision of the Commonwealth that has jurisdiction over all or a portion of the historic site; and (2) a representative of the Steel Industry Heritage Corporation.

Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System. Authorizes the Secretary of the Interior to acquire by donation specified property for inclusion within such Site. Requires the Secretary to prepare and submit to specified congressional committees a management plan for the Site.

A bill to establish the Steel Industry National Historic Site in the Commonwealth of Pennsylvania.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tennessee Valley Authority Power Privatization Act of 1993''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the power generation and transmission facilities of the Tennessee Valley Authority should be privatized; and (2) the transfer of all property of the Tennessee Valley Authority remaining after such privatization should be made to other Federal, State, and local agencies in an orderly and expeditious manner. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to achieve the intention of Congress set forth in section 2 by requiring the President to develop a plan-- (A) for the sale of the power generating and transmission facilities and equipment of the Tennessee Valley Authority to the private sector in groupings that will introduce competition into the generation and sale of electric power; (B) for the transfer of the National Fertilizer and Environmental Research Center to a public or private entity which will carry out the functions of such Center; (C) for the transfer to other governmental entities of all property of the Tennessee Valley Authority remaining after the sales and transfers described in subparagraphs (A) and (B); and (D) for the orderly termination of the Tennessee Valley Authority after the completion of such sales and transfers; and (2) to provide a method for reducing the national debt through the use of the income derived from such sales and transfers. SEC. 4. TVA PRIVATIZATION PLAN. (a) In General.--Not later than September 30, 1994, the President shall develop and transmit to Congress a plan for transferring, by sale or otherwise, of all real property, facilities, and equipment of the Tennessee Valley Authority to appropriate public and private entities. (b) Contents.--The plan to be developed under subsection (a) shall include, at a minimum, recommendations (including legislative recommendations) of the President concerning each of the following: (1) Transfer of power facilities and equipment.--Transfer by sale of the power generation and transmission facilities and equipment of the Tennessee Valley Authority, including real property used in connection with such facilities and equipment, for the purpose of maximizing proceeds from such sales. Such transfers may provide for the sale of generating equipment and facilities to persons other than the persons to whom transmission facilities are sold. Such transfers shall be subject to the following conditions: Former customers of power from the Tennessee Valley Authority will continue to be served and reliability of service will be ensured by establishing control areas in cooperation with surrounding control areas. Such transfers may provide, to the extent practicable, for the grouping of facilities utilizing different sources of power (including coal-fired, nuclear, and hydroelectric generating facilities) and provide for access to the transmission grids of the Tennessee Valley Authority by such groupings to ensure availability of power from different sources and to enhance competition. All outstanding loans associated with such facilities and equipment shall be assumed by the purchasers. (2) Transfer of national fertilizer and environmental research center facilities and equipment.--Transfer by sale of real property, facilities, and equipment used by the National Fertilizer and Environmental Research Center of the Tennessee Valley Authority to a public or private entity which agrees to continue to carry out the functions of the Center for at least 5 years after assuming ownership. If such sale cannot be arranged, such transfer may be by donation to an appropriate entity subject to agreement that the functions of the Center will be continued for at least 10 years. (3) Transfer of jurisdictional authority over real property.--Transfer to appropriate governmental departments and agencies, including the National Park Service, of jurisdictional authority over real property which is controlled by the Tennessee Valley Authority and which is not transferred under paragraphs (1) and (2). (4) Transfer of certain functions.--Transfer to appropriate Federal departments and agencies of functions of the Tennessee Valley Authority which are not related to power generation. (5) Termination of tva.--Termination of the Tennessee Valley Authority after the transfers under paragraphs (1), (2), (3), and (4) have been made. (c) Additional Requirements.--The plan developed under subsection (a) shall include-- (1) a step-by-step procedure to carry out the sales and transfers described in subsection (b); (2) a timetable for implementation of each step of the plan; (3) an estimate of the amount of anticipated net proceeds from the sale of assets of the Tennessee Valley Authority; and (4) an estimate of the cost of implementing the plan.

Tennessee Valley Authority Power Privatization Act of 1993 - Directs the President to develop and transmit to the Congress a plan for transferring, by sale or otherwise, all real property, facilities, and equipment of the Tennessee Valley Authority (TVA) to appropriate public and private entities. Requires such plan to provide for transfer of: (1) TVA power generation facilities and equipment; (2) National Fertilizer and Environmental Research Center facilities and equipment; (3) TVA's jurisdictional authority over real property; and (4) TVA functions unrelated to power generation to appropriate Federal departments and agencies. Terminates the TVA after the completion of such transfers.

Tennessee Valley Authority Power Privatization Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Professionals Substance Abuse Education Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Illegal drugs and alcohol are responsible for thousands of deaths each year, and they fuel the spread of a number of communicable diseases, including AIDS and Hepatitis C, as well as some of the worst social problems in the United States, including child abuse, domestic violence, and sexual assault. (2) There are an estimated 19,500,000 current drug users in America, nearly 4,000,000 of whom are addicts. An estimated 14,800,000 Americans abuse alcohol or are alcoholic. (3) There are nearly 27,000,000 children of alcoholics in America, almost 11,000,000 of whom are under 18 years of age. Countless other children are affected by substance abusing parents or other caretakers. Health professionals are uniquely positioned to help reduce or prevent alcohol and other drug- related impairment by identifying affected families and youth and by providing early intervention. (4) Drug addiction is a chronic relapsing disease. As with other chronic relapsing diseases (such as diabetes, hypertension, and asthma), there is no cure, although a number of treatments can effectively control the disease. According to an article published in the Journal of the American Medical Association, treatment for addiction works as well as treatment for other chronic relapsing diseases. (5) Drug treatment is cost effective, even when compared with residential treatment, the most expensive type of treatment. Residential treatment for cocaine addiction costs between $15,000 and $20,000 a year, a substantial savings compared to incarceration (costing nearly $40,000 a year), or untreated addiction (costing more than $43,000 a year). Also, in 1998, substance abuse and addiction accounted for approximately $10,000,000,000 in Federal, State, and local government spending simply to maintain the child welfare system. The economic costs associated with fetal alcohol syndrome were estimated at $54,000,000,000 in 2003. (6) Many doctors and other health professionals are unprepared to recognize substance abuse in their patients or their families and intervene in an appropriate manner. Only 56 percent of residency programs have a required curriculum in preventing or treating substance abuse. (7) Fewer than 1 in 5 doctors (only 19 percent) feel confident about diagnosing alcoholism, and only 17 percent feel qualified to identify illegal drug use. (8) Most doctors who are in a position to make a diagnosis of alcoholism or drug addiction do not believe that treatment works (less than 4 percent for alcoholism and only 2 percent for drugs). (9) According to a survey by the National Center on Addiction and Substance Abuse at Columbia University (referred to in this section as ``CASA''), 94 percent of primary care physicians and 40 percent of pediatricians presented with a classic description of an alcoholic or drug addict, respectively, failed to properly recognize the problem. (10) Another CASA report revealed that fewer than 1 percent of doctors presented with the classic profile of an alcoholic older woman could diagnose it properly. Eighty-two percent misdiagnosed it as depression, some treatments for which are dangerous when taken with alcohol. (11) Training can greatly increase the degree to which medical and other health professionals screen patients for substance abuse. It can also increase the manner by which such professionals screen children and youth who may be impacted by the addiction of a parent or other primary caretaker. Boston University Medical School researchers designed and conducted a seminar on detection and brief intervention of substance abuse for doctors, nurses, physician's assistants, social workers and psychologists. Follow-up studies reveal that 91 percent of those who participated in the seminar report that they are still using the techniques up to 5 years later. (12) The total economic costs of untreated addiction is estimated to be $274,800,000,000. Arming health care professionals with the information they need in order to intervene and prevent further substance abuse could lead to a significant cost savings. (13) A study conducted by doctors at the University of Wisconsin found a $947 net savings per patient in health care, accident, and criminal justice costs for each individual screened and, if appropriate, for whom intervention was made, with respect to alcohol problems. (b) Purpose.--It is the purpose of this Act to-- (1) improve the ability of health care professionals to identify and assist their patients in obtaining appropriate treatment for substance abuse; (2) improve the ability of health care professionals to identify and refer children and youth affected by substance abuse in their families for effective treatment; and (3) help establish an infrastructure to train health care professionals about substance abuse issues and the impact on families. SEC. 3. HEALTH PROFESSIONALS SUBSTANCE ABUSE EDUCATION. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 544. SUBSTANCE ABUSE EDUCATION FOR GENERALIST HEALTH PROFESSIONALS. ``(a) Secretary of Health and Human Services.--The Secretary shall carry out activities to train health professionals (who are generalists and not already specialists in substance abuse) so that they are competent to-- ``(1) recognize substance abuse in their patients or the family members of their patients; ``(2) intervene, treat, or refer for treatment those individuals who are affected by substance abuse; ``(3) identify and assist children of substance abusing parents; ``(4) serve as advocates and resources for community-based substance abuse prevention programs; and ``(5) appropriately address the non-therapeutic use of prescription medications. ``(b) Use of Funds.--Amounts received under this section shall be used-- ``(1) to continue grant support through cooperative agreements to the Association for Medical Education and Research in Substance Abuse (AMERSA) Interdisciplinary Faculty Development Project; ``(2) to continue grants to the Association for Medical Education and Research in Substance Abuse (AMERSA) Interdisciplinary Faculty Development Project; and ``(3) to support the Addiction Technology Transfer Centers counselor training programs to train substance abuse counselors and other health professionals such as dental assistants, allied health professionals including dietitians and nutritionists, occupational therapists, physical therapists, respiratory therapists, speech-language pathologists and audiologists, and therapeutic recreation specialists. ``(c) Collaboration.--The Secretary shall participate in interdisciplinary collaboration and collaborate with other nongovernmental organizations with respect to activities carried out under this section. ``(d) Academic Credits.--The Secretary shall encourage community colleges and other academic institutions determined appropriate by the Secretary to recognize classes offered by the Addiction Technology Transfer Centers for purposes of academic credit. ``(e) Evaluations.--The Secretary shall conduct a process and outcome evaluation of the programs and activities carried out with funds received under this section, and shall provide annual reports to the Secretary and the Director of the Office of National Drug Control Policy. ``(f) Definitions.--In this section-- ``(1) the term `health professional' means an allopathic or osteopathic physician, advanced practice nurse, physician assistant, social worker, psychologist, pharmacist, dental health professional, psychiatrist, allied health professional, drug and alcohol counselor, or other individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification; and ``(2) the terms `allopathic or osteopathic physician', `nurse', `physician assistant', `advanced practice nurse', `social worker', `psychologist', `pharmacist', `dental health professional', and `allied health professional' shall have the meanings given such terms for purposes of titles VII and VIII of the Public Health Service Act (42 U.S.C. 292 et seq. and 296 et seq.). ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $9,000,000 for each of fiscal years 2006 through 2010. Amounts made available under this subsection shall be used to supplement and not supplant amounts being used on the date of enactment of this section for activities of the types described in this section. ``SEC. 545. SUBSTANCE ABUSE INTERDISCIPLINARY EXPERT EDUCATOR. ``(a) Establishment.--The Secretary shall establish and administer a substance abuse faculty fellowship program through grants and contacts under which the Secretary shall provide assistance to eligible institutions to enable such institutions to employ interdisciplinary faculty who will serve as advanced level expert educators (referred to in this section as `expert educators'). ``(b) Eligibility.-- ``(1) Institutions.--To be eligible to receive assistance under this section, an institution shall-- ``(A) be an accredited medical school or undergraduate or graduate nursing school, or be an institution of higher education that offers one or more of the following-- ``(i) an accredited physician assistant program; ``(ii) an accredited dental health professional program; ``(iii) a graduate program in pharmacy; ``(iv) a graduate program in public health; ``(v) a graduate program in social work; ``(vi) a graduate program in psychology; ``(vii) a graduate program in marriage and family therapy; or ``(viii) a graduate program in counseling; and ``(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Qualifications for expert educators.--To be eligible to receive an advanced level expert educator faculty appointment from an eligible institution under this section, an individual shall prepare and submit to the institution an application at such time, in such manner, and containing such information as the institution may require. Expert educators should have advanced level training in education about substance use disorders and expertise in such areas as culturally competent and gender specific prevention and treatment strategies for vulnerable populations (such as adults and adolescents with dual diagnosis, older individuals, children in families affected by substance abuse, and individuals and families involved in the criminal justice system) and will serve as resources and advisors for health professional training institutions. ``(c) Use of Funds.-- ``(1) In general.--An eligible institution shall utilize assistance received under this section to provide one or more fellowships to eligible individuals. Such assistance shall be used to pay a sum of not to exceed 50 percent of the annual salary of the individual under such a fellowship for a 5-year period. ``(2) Fellowships.--Under a fellowship under paragraph (1), an individual shall-- ``(A) devote a substantial number of teaching hours to substance abuse issues (as part of both required and elective courses) at the institution involved during the period of the fellowship; ``(B) incorporate substance abuse issues, including the impact on children and families, into the required curriculum of the institution in a manner that is likely to be sustained after the period of the fellowship ends (courses described in this subparagraph should be provided as part of several different health care training programs at the institution involved); and ``(C) educate health professionals about issues related to the nontherapeutic use of prescription medications. ``(3) Evaluations.--The Secretary shall conduct a process and outcome evaluation of the programs and activities carried out with amounts appropriated under this section and shall provide annual reports to the Director of the Office of National Drug Control Policy and the appropriate committees of Congress. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $6,000,000 for each of the fiscal years 2006 through 2010. Amounts made available under this subsection shall be used to supplement and not supplant amounts being used on the date of enactment of this section for activities of the types described in this section. ``SEC. 546. CENTER OF EXCELLENCE. ``(a) In General.--The Secretary shall establish centers of excellence at medical centers or universities throughout the United States to-- ``(1) initiate, promote, and implement training, research, and clinical activities related to targeted issues or special areas of focus such as brief intervention in general health settings, children and families affected by substance abuse, older individuals, maternal and child health issues, individuals with dual diagnosis, prevention in the general health setting, and clinical practice standards for primary care providers; and ``(2) provide opportunities for interdisciplinary collaboration in curriculum development, course development, clinical practice, research and translation of research into practice, and policy analysis and formulation. ``(b) Use of Funds.--Centers of excellence established under subsection (a) shall use funds provided under this section to-- ``(1) disseminate information on evidence-based approaches concerning the prevention and treatment of substance use disorders; and ``(2) assist health professionals and alcohol and drug treatment counselors to incorporate the latest research into their treatment practices. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $6,000,000 for each of the fiscal years 2006 through 2010.''.

Health Professionals Substance Abuse Education Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide support and continue grants to specified organizations to train health professionals to: (1) recognize substance abuse in their patients or patients' family members; (2) intervene, treat, or refer for treatment those individuals who are affected by substance abuse; (3) identify and assist children of substance abusing parents; (4) serve as advocates and resources for community-based substance abuse prevention programs; and (5) address the non-therapeutic use of prescription medications. Directs the Secretary to: (1) encourage community colleges and other academic institutes to offer academic credit for classes offered by the Addiction Technology Transfer Centers; (2) conduct a process and outcome evaluation of the programs and activities carried out under this Act; and (3) establish and administer a substance abuse faculty fellowship program. Requires the Secretary to establish centers of excellence at U.S. medical centers or universities to: (1) initiate, promote, and implement training, research, and clinical activities related to targeted issues or special areas of focus; and (2) provide opportunities for interdisciplinary collaboration in curriculum development, course development, clinical practice, research and translation of research into practice, and policy analysis and formulation.

To educate health professionals concerning substance use disorders and addiction.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial TANF Equity Act of 2012''. SEC. 2. ELIMINATION OF CAP ON CERTAIN PAYMENTS TO PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA. (a) In General.--Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended by striking subsection (a). (b) Conforming Amendments.-- (1) Redesignations.--Section 1108 of such Act (42 U.S.C. 1308) is amended by redesignating subsections (b), (c), (d), (f), and (g) as subsections (a), (b), (c), (d), and (e), respectively. (2) Additional conforming amendments.--Section 1108 of such Act (42 U.S.C. 1308) is amended-- (A) in subsection (b), as redesignated by paragraph (1)-- (i) by striking paragraphs (2), (4), and (5); and (ii) redesignating paragraph (3) as paragraph (2); (B) in subsection (c), as redesignated by paragraph (1), by striking ``subsection (b)'' and inserting ``subsection (a)''; (C) in subsection (d), as redesignated by paragraph (1), by striking ``subsection (g)'' and inserting ``subsection (e)''; and (D) in subsection (e), as redesignated by paragraph (1), by striking ``subsection (f)'' each place it appears and inserting ``subsection (d)''. SEC. 3. SUPPLEMENTAL GRANTS TO PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA. Section 1108(a) of the Social Security Act (42 U.S.C. 1308(a)), as redesignated by section 2(b)(1) of this Act, is amended to read as follows: ``(a) Entitlement to Supplemental Grants.-- ``(1) In general.--Each territory shall be entitled to receive from the Secretary for each fiscal year a supplemental grant in an amount equal to-- ``(A) in the case of Puerto Rico, the Virgin Islands, and Guam, 10 percent of the family assistance grant payable to the territory for the fiscal year; and ``(B) in the case of American Samoa, $100,000. ``(2) Appropriation.--Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2012 such sums as are necessary for grants under this subsection.''. SEC. 4. ELIGIBILITY OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA FOR THE TANF CONTINGENCY FUND. (a) Definition of State.--Section 403(b)(7) of the Social Security Act (42 U.S.C. 603(b)(7)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.''. (b) Alternative Eligibility Criteria for Territories.--Section 403(b)(5) of such Act (42 U.S.C. 603(b)(5)) is amended-- (1) in subparagraph (A)(ii), by striking ``or'' at the end; (2) in subparagraph (B)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, the State satisfies alternative eligibility criteria established by the Secretary in consultation with the Governor of the State, to be submitted to the Congress not later than 1 year after the date of the enactment of this subparagraph.''. SEC. 5. ELIGIBILITY OF PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA FOR CHILD CARE ENTITLEMENT FUNDS. (a) Definition of State.--Section 418(d) of the Social Security Act (42 U.S.C. 618(d)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa.''. (b) Amount of Payment.-- (1) General entitlement.--Section 418(a)(1) of such Act (42 U.S.C. 618(a)(1)) is amended by striking ``equal to the greater of--'' and all that follows and inserting the following: ``equal to-- ``(A) in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, 60 percent of the amount required to be paid to the State for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990; or ``(B) in the case of any other State, the greater of-- ``(i) the total amount required to be paid to the State under section 403 of this Act for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections (g) and (i) of section 402 of this Act (as in effect before October 1, 1995); or ``(ii) the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in clause (i).''. (2) Allotment of remainder.--Section 418(a)(2)(B) of such Act (42 U.S.C. 618(a)(2)(B)) is amended to read as follows: ``(B) Allotments to states.--Of the total amount available for payments to States under this paragraph, as determined under subparagraph (A)-- ``(i) an amount equal to 65 percent of the amount required to be paid to each of Puerto Rico, the Virgin Islands, Guam, and American Samoa for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990, shall be allotted to Puerto Rico, the Virgin Islands, Guam, and American Samoa, respectively; and ``(ii) the remainder shall be allotted among the other States based on the formula used for determining the amount of Federal payments to each State under section 403(n) of this Act (as in effect before October 1, 1995).''. SEC. 6. INCREASE IN FEDERAL MATCHING RATE FOR FOSTER CARE AND ADOPTION ASSISTANCE IN PUERTO RICO, THE VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA. Section 474(a) of the Social Security Act (42 U.S.C. 674(a)) is amended in each of paragraphs (1) and (2)-- (1) by striking ``in the case of a State other than the District of Columbia, or'' and inserting ``in the case of each of the 50 States,''; and (2) by inserting ``, or 75 percent, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa'' after ``in the case of the District of Columbia''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on the 1st day of the 1st fiscal year that begins 1 year or more after the date of enactment of this Act.

Territorial TANF Equity Act of 2012 - Amends title XI of the Social Security Act (SSA) to remove the limitation on payments by the Secretary of Health and Human Services (HHS) to Puerto Rico, the Virgin Islands, Guam, and American Samoa under grants for assistance to the aged, the blind, and the permanently and totally disabled, including Supplemental Security Income (SSI) under SSA title XVI, as well as for Temporary Assistance for Needy Families (TANF) under SSA title IV part A and for foster care and adoption assistance under SSA title IV part E. Replaces entitlement to a matching grant with entitlement to a supplemental grant for such territories of: (1) 10% of the payable family assistance grant to Puerto Rico, the Virgin Islands, and Guam; and (2) $100,000 to American Samoa. Amends part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV o make such territories: (1) eligible for the TANF Contingency Fund for State Welfare Programs; (2) Needy States if they satisfy alternative eligibility criteria established by the Secretary; and (3) eligible for child care entitlement funds. Prescribes a formula for allotment of child care entitlement funds to such territories. Amends part E (Foster Care and Adoption Assistance) of SSA title IV to increase the federal medical assistance percentage (FMAP) for foster care and adoption assistance in such territories.

To amend the Social Security Act to eliminate the cap on certain payments under the TANF program to Puerto Rico, the Virgin Islands, Guam, and American Samoa, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair and Open Competition Act'' or ``FOCA Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) promote and ensure open competition on Federal and federally funded or assisted construction projects; (2) maintain Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded or assisted construction projects; (3) reduce construction costs to the Federal Government and to the taxpayers; (4) expand job opportunities, especially for small and disadvantaged businesses; and (5) prevent discrimination against Federal Government contractors or their employees based upon labor affiliation or the lack thereof, thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects. SEC. 3. PRESERVATION OF OPEN COMPETITION AND FEDERAL GOVERNMENT NEUTRALITY. (a) Prohibition.-- (1) General rule.--The head of each executive agency that awards any construction contract after the date of the enactment of this Act, or that obligates funds pursuant to such a contract, shall ensure that the agency, and any construction manager acting on behalf of the Federal Government with respect to such contract, in its bid specifications, project agreements, or other controlling documents does not-- (A) require or prohibit a bidder, offeror, contractor, or subcontractor from entering into, or adhering to, agreements with 1 or more labor organizations, with respect to that construction project or another related construction project; or (B) otherwise discriminate against or give preference to a bidder, offeror, contractor, or subcontractor because such bidder, offeror, contractor, or subcontractor-- (i) becomes a signatory, or otherwise adheres to, an agreement with 1 or more labor organizations with respect to that construction project or another related construction project; or (ii) refuses to become a signatory, or otherwise adhere to, an agreement with 1 or more labor organizations with respect to that construction project or another related construction project. (2) Application of prohibition.--This subsection shall apply with respect to-- (A) contracts entered into on or after the date of the enactment of this Act; and (B) subcontracts awarded under such contracts. (3) Rule of construction.--Nothing in paragraph (1) may be construed to prohibit a contractor or subcontractor from voluntarily entering into an agreement described in such paragraph. (4) Federal acquisition regulation.--With respect to Federal contracts to which this subsection applies, not later than 60 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to implement the provisions of this subsection. (b) Recipients of Grants and Other Assistance.--The head of each executive agency that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects after the date of the enactment of this Act shall ensure that-- (1) the bid specifications, project agreements, or other controlling documents for such construction projects of a recipient of a grant or financial assistance, or by the parties to a cooperative agreement, do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1); or (2) the bid specifications, project agreements, or other controlling documents for such construction projects of a construction manager acting on behalf of a recipient or party described in paragraph (1) do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1). (c) Failure To Comply.--If an executive agency, a recipient of a grant or financial assistance from an executive agency, a party to a cooperative agreement with an executive agency, or a construction manager acting on behalf of such an agency, recipient, or party, fails to comply with subsection (a) or (b), the head of the executive agency awarding the contract, grant, or assistance, or entering into the agreement involved, shall take such action, consistent with law, as the head of such agency determines to be appropriate. (d) Exemptions.-- (1) In general.--The head of an executive agency may exempt a particular project, contract, subcontract, grant, or cooperative agreement from the requirements of 1 or more of the provisions of subsections (a) and (b) if the head of such agency determines that special circumstances exist that require an exemption in order to avert an imminent threat to public health or safety or to serve the national security. (2) Special circumstances.--For purposes of paragraph (1), a finding of ``special circumstances'' may not be based on the possibility or existence of a labor dispute concerning contractors or subcontractors that are nonsignatories to, or that otherwise do not adhere to, agreements with 1 or more labor organizations, or labor disputes concerning employees on the project who are not members of, or affiliated with, a labor organization. (3) Additional exemption for certain projects.--The head of an executive agency, upon application of an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of such entities, may exempt a particular project from the requirements of any or all of the provisions of subsection (a) or (b), if the head of such agency finds-- (A) that the awarding authority, recipient of grants or financial assistance, party to a cooperative agreement, or construction manager acting on behalf of any of such entities had issued or was a party to, as of the date of the enactment of this Act, bid specifications, project agreements, agreements with 1 or more labor organizations, or other controlling documents with respect to that particular project, which contained any of the requirements or prohibitions set forth in subsection (a)(1); and (B) that 1 or more construction contracts subject to such requirements or prohibitions had been awarded as of the date of the enactment of this Act. (e) Definitions.--In this section: (1) Construction contract.--The term ``construction contract'' means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (2) Executive agency.--The term ``executive agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code, except that such term does not include the Government Accountability Office. (3) Labor organization.--The term ``labor organization'' has the meaning given such term in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).

Fair and Open Competition Act or FOCA Act This bill prohibits a federal executive agency that awards any construction contract after the enactment of this bill from requiring or prohibiting a contract bidder from entering into agreements with labor organizations (i.e., Project Labor Agreements [PLAs]) or otherwise discriminating against a bidder or contractor who signs, or refuses to sign, a PLA. Agencies that award grants, provide financial assistance, or enter into cooperative agreements for construction projects after the enactment of this bill must ensure that the bid specifications, project agreements, or other controlling documents for such projects do not contain any requirements or prohibitions relating to PLAs. An agency may exempt a particular project or grant from the prohibition of this bill if it determines that special circumstances exist requiring an exemption to avert an imminent threat to public health or safety or to serve the national security.

Fair and Open Competition Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biological and Chemical Attack Preparedness Act''. SEC. 2. STATE PUBLIC HEALTH DISASTER PLANS. (a) In General.--Not later than 120 days after the publication of the standards developed by the Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') under subsection (c), each State shall develop a State public health disaster plan for responding to biological or chemical attacks. Not later than 180 days after the publication of such standards, each State shall fully implement the State's plan. (b) Requirements of Plan.--A State public health disaster plan developed under subsection (a) shall-- (1) comply with the standards developed under subsection (c); (2) require designated hospitals and health care providers in the State to have procedures in place to provide health care items and services (including antidotes, vaccines or other drugs or biologicals) to all State residents in the event of a biological or chemical attack; (3) require that hospitals and health care providers designated under paragraph (2) conduct drills, on a semiannual or other basis determined appropriate by the Secretary, to ensure the readiness of such hospital or provider to receive and treat victims of a biological or chemical attack; (4) be developed in consultation with affected local governments and hospitals; and (5) meet such other requirements as the Secretary determines appropriate. (c) Standards.--Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services shall develop, and publish in the Federal Register, standards relating to State public health disaster plans, including requirements relating to the equipment, training, treatment, and personnel that a hospital or health care provider must have to be a designated hospital or provider under such plan. (d) Submission to Secretary.-- (1) In general.--Not later 360 days after the date on which standards are published under subsection (c), and annually (or at such other regular periods as the Secretary may determine appropriate) thereafter, a State shall submit to the Secretary for approval the disaster plan developed by the State under this section. The Secretary may only approve such plan if the Secretary determines that the plan complies with such standards. (2) Monitoring.--The Secretary shall monitor the States to determine whether each State has developed and implemented a State disaster plan in accordance with this section. (e) Medicaid State Plan Requirement.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) in paragraph (64), by striking ``and'' at the end; (2) in paragraph (65), by striking the period at the end and inserting ``; and'', and (3) by inserting after paragraph (65) the following: ``(66) provide that the State shall develop, for approval by the Secretary, and have in effect a State public health disaster plan for responding to biological or chemical attacks in accordance with section 2 of the Biological and Chemical Attack Preparedness Act, except that this paragraph shall not apply to a State if the Secretary waives the application of this paragraph because of the existence of exceptional circumstances.''. SEC. 3. GRANTS FOR TRAINING, EQUIPMENT, AND PERSONNEL. (a) In General.--The Secretary, acting through the Director of the Office of Emergency Preparedness, shall award grants to hospitals and health care providers to enable such hospitals and providers to provide training, give treatment, purchase equipment, and employ personnel. (b) Eligibility.-- (1) In general.--To be eligible for a grant under subsection (a), a hospital or health care provider shall in consultation with the State, prepare and submit to the Director of the Office of Emergency Preparedness, an application at such time, in such manner, and containing such information as the Director may require. (2) Preference for designated hospitals and providers.--In awarding grants under this section, the Director shall give priority to applicant hospitals and health care providers that are designated hospitals or providers under the State public health disaster plan under section 2. (3) Governmental entities.--Notwithstanding paragraph (1)(A), the Director may award a grant under this section to a State or local governmental entity if the Secretary determines that such an award is appropriate. (c) Use of Funds.-- (1) In general.--A grantee shall use amounts received under a grant under this section to provide training, give treatment (including the provision of antidotes, vaccines or other drugs or biologicals), purchase equipment, and employ personnel as determined to be appropriate by the Director of the Office of Emergency Preparedness to enable the grantee to carry out its duties under the State public health disaster plan. (2) Technical expertise.--A grantee may use amounts received under a grant under this section to acquire technical expertise to enable the grantee to develop appropriate responses to biological or chemical attacks. (d) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section.

Biological and Chemical Attack Preparedness Act - Requires States, in consultation with local governments, to develop public health disaster plans for responding to biological or chemical attacks. Directs the Secretary of Health and Human Services to establish standards, approve, and oversee implementation of the plans.Requires each plan to designate hospitals which will have procedures in place to treat residents in the event of an attack. Requires the Secretary, through the Director of the Office of Emergency Preparedness, to award grants to hospitals, health care providers, and State or local government entities to fund the implementation of preparedness plans.

A bill to increase the preparedness of the United States to respond to a biological or chemical weapons attack.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biodiesel Promotion Act of 2002''. SEC. 2. INCENTIVES FOR BIODIESEL. (a) Credit for Biodiesel Used as a Fuel.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 40 the following new section: ``SEC. 40A. BIODIESEL USED AS FUEL. ``(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 biodiesel mixture credit. ``(b) Definition of Biodiesel Mixture Credit.--For purposes of this section-- ``(1) Biodiesel mixture credit.-- ``(A) In general.--The biodiesel mixture credit of any taxpayer for any taxable year is the sum of the products of the biodiesel mixture rate for each qualified biodiesel mixture and the number of gallons of such mixture of the taxpayer for the taxable year. ``(B) Biodiesel mixture rate.--For purposes of subparagraph (A), the biodiesel mixture rate for each qualified biodiesel mixture shall be 1 cent for each whole percentage point (not exceeding 20 percentage points) of biodiesel in such mixture. ``(2) Qualified biodiesel mixture.-- ``(A) In general.--The term `qualified biodiesel mixture' means a mixture of diesel and biodiesel which-- ``(i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or ``(ii) is used as a fuel by the taxpayer producing such mixture. ``(B) Sale or use must be in trade or business, etc.--Biodiesel used in the production of a qualified biodiesel mixture shall be taken into account-- ``(i) only if the sale or use described in subparagraph (A) is in a trade or business of the taxpayer, and ``(ii) for the taxable year in which such sale or use occurs. ``(C) Casual off-farm production not eligible.--No credit shall be allowed under this section with respect to any casual off-farm production of a qualified biodiesel mixture. ``(c) Coordination With Exemption From Excise Tax.--The amount of the credit determined under this section with respect to any biodiesel shall, under regulations prescribed by the Secretary, be properly reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 4041(n) or section 4081(f). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Biodiesel defined.-- ``(A) In general.--The term `biodiesel' means the monoalkyl esters of long chain fatty acids derived from virgin vegetable oils for use in compressional-ignition (diesel) engines. Such term shall include esters derived from vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, rice bran, and mustard seeds. ``(B) Registration requirements.--Such term shall only include a biodiesel which meets-- ``(i) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545), and ``(ii) the requirements of the American Society of Testing and Materials D6751. ``(2) Biodiesel mixture not used as a fuel, etc.-- ``(A) Imposition of tax.--If-- ``(i) any credit was determined under this section with respect to biodiesel used in the production of any qualified biodiesel mixture, and ``(ii) any person-- ``(I) separates the biodiesel from the mixture, or ``(II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the biodiesel mixture rate applicable under subsection (b)(1)(B) and the number of gallons of the mixture. ``(B) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) as if such tax were imposed by section 4081 and not by this chapter. ``(3) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(e) Election To Have Biodiesel Fuels Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). ``(3) Manner of making election.--An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.''. ``(f) Termination.--This section shall not apply to any fuel sold after December 31, 2012.''. (2) Credit treated as part of general business credit.-- Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) the biodiesel fuels credit determined under section 40A.''. (3) Conforming amendments.-- (A) Section 39(d) of such Code is amended by adding at the end the following new paragraph: ``(11) No carryback of biodiesel fuels credit before january 1, 2003.--No portion of the unused business credit for any taxable year which is attributable to the biodiesel fuels credit determined under section 40A may be carried back to a taxable year beginning before January 1, 2003.''. (B) Section 196(c) of such Code is amended by striking ``and'' at the end of paragraph (9), by striking the period at the end of paragraph (10), and by adding at the end the following new paragraph: ``(11) the biodiesel fuels credit determined under section 40A.''. (C) Section 6501(m) of such Code is amended by inserting ``40A(e),'' after ``40(f),''. (D) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding after the item relating to section 40 the following new item: ``Sec. 40A. Biodiesel used as fuel.''. (4) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2002. (b) Reduction of Motor Fuel Excise Taxes on Biodiesel Mixtures.-- (1) In general.--Section 4081 of the Internal Revenue Code of 1986 (relating to manufacturers tax on petroleum products) is amended by adding at the end the following new subsection: ``(f) Biodiesel Mixtures.--Under regulations prescribed by the Secretary-- ``(1) In general.--In the case of the removal or entry of a qualified biodiesel mixture, the rate of tax under subsection (a) shall be the otherwise applicable rate reduced by the biodiesel mixture rate (if any) applicable to the mixture. ``(2) Tax prior to mixing.-- ``(A) In general.--In the case of the removal or entry of diesel fuel for use in producing at the time of such removal or entry a qualified biodiesel mixture, the rate of tax under subsection (a) shall be the otherwise applicable rate, reduced by the amount determined under subparagraph (B). ``(B) Applicable reduction.--For purposes of subparagraph (A), the amount determined under this subparagraph is an amount equal to the biodiesel mixture rate for the qualified biodiesel mixture to be produced from the diesel fuel, divided by a percentage equal to 100 percent minus the percentage of biodiesel which will be in the mixture. ``(3) Definitions.--For purposes of this subsection, any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. ``(4) Certain rules to apply.--Rules similar to the rules of paragraphs (6) and (7) of subsection (c) shall apply for purposes of this subsection.''. (2) Conforming amendments.-- (A) Section 4041 of such Code is amended by adding at the end the following new subsection: ``(n) Biodiesel Mixtures.--Under regulations prescribed by the Secretary, in the case of the sale or use of a qualified biodiesel mixture (as defined in section 40A(b)(2)), the rates under paragraphs (1) and (2) of subsection (a) shall be the otherwise applicable rates, reduced by any applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B)).''. (B) Section 6427 of such Code is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Biodiesel Mixtures.--Except as provided in subsection (k), if any diesel fuel on which tax was imposed by section 4081 at a rate not determined under section 4081(f) is used by any person in producing a qualified biodiesel mixture (as defined in section 40A(b)(2)) which is sold or used in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the per gallon applicable biodiesel mixture rate (as defined in section 40A(b)(1)(B)) with respect to such fuel.''. (3) Effective date.--The amendments made by this subsection shall apply to any fuel sold after December 31, 2002, and before January 1, 2013. (c) Highway Trust Fund Held Harmless.--There are hereby transferred (from time to time) from the funds of the Commodity Credit Corporation amounts equivalent to the reductions that would occur (but for this subsection) in the receipts of the Highway Trust Fund by reason of the amendments made by this section. Such transfers shall be made on the basis of estimates made by the Secretary of the Treasury and adjustments shall be made to subsequent transfers to reflect any errors in the estimates.

Biodiesel Promotion Act of 2002 - Amends the Internal Revenue Code to establish, until December 31, 2012, a credit to promote the production and usage of biodiesel fuel. Imposes a tax for biodiesel not used as fuel, but for which a credit was granted. Reduces motor fuel excise taxes on biodiesel mixtures.Provides for transfers of funds from the Commodity Credit Corporation to the Highway Trust Fund in amounts equivalent to the reductions that would occur but for this Act.

A bill to amend the Internal Revenue Code of 1986 to provide a tax credit to promote the production of biodiesel, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Dust Regulation Prevention Act of 2011''. SEC. 2. TEMPORARY PROHIBITION AGAINST REVISING ANY NATIONAL AMBIENT AIR QUALITY STANDARD APPLICABLE TO COARSE PARTICULATE MATTER. Before the date that is one year after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency may not propose, finalize, implement, or enforce any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under section 109 of the Clean Air Act (42 U.S.C. 7409). SEC. 3. NUISANCE DUST. Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. REGULATION OF NUISANCE DUST PRIMARILY BY STATE, TRIBAL, AND LOCAL GOVERNMENTS. ``(a) In General.--Except as provided in subsection (b), this Act does not apply to, and references in this Act to particulate matter are deemed to exclude, nuisance dust. ``(b) Exception.--Subsection (a) does not apply with respect to any geographic area in which nuisance dust is not regulated under State, tribal, or local law insofar as the Administrator, in consultation with the Secretary of Agriculture, finds that-- ``(1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public health and welfare effects at ambient concentrations; and ``(2) the benefits of applying standards and other requirements of this Act to nuisance dust (or such subcategory of nuisance dust) outweigh the costs (including local and regional economic and employment impacts) of applying such standards and other requirements to nuisance dust (or such subcategory). ``(c) Definition.--In this section-- ``(1) the term `nuisance dust' means particulate matter that-- ``(A) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; ``(B) consists primarily of soil, other natural or biological materials, or some combination thereof; ``(C) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; and ``(D) is not comprised of residuals from the combustion of coal; and ``(2) the term `nuisance dust' does not include radioactive particulate matter produced from uranium mining or processing.''. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that the Administrator of the Environmental Protection Agency should implement an approach to excluding so-called ``exceptional events'', or events that are not reasonably controllable or preventable, from determinations of whether an area is in compliance with any national ambient air quality standard (NAAQS) applicable to coarse particulate matter that-- (1) maximizes transparency and predictability for States, tribes, and local governments; and (2) minimizes the regulatory and cost burdens States, tribes, and local governments bear in excluding such events. SEC. 5. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY IN THE AGRICULTURE COMMUNITY. (a) Analysis of Impacts of Actions on Employment and Economic Activity in the Agriculture Community.-- (1) Analysis.--Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on-- (A) employment levels in the agriculture industry; and (B) agricultural economic activity, including estimated job losses and decreased economic activity related to agriculture. (2) Economic models.-- (A) In general.--In carrying out paragraph (1), the Administrator shall utilize the best available economic models. (B) Annual gao report.--Not later than December 31 of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection. (3) Availability of information.--With respect to any covered action, the Administrator shall-- (A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; (B) request the Secretary of Agriculture to post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Department of Agriculture; and (C) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State. (b) Public Hearings.-- (1) In general.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action. (2) Time, location, and selection.--A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses. (c) Notification.--If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity in any State, the Administrator shall give notice of such impact to the State's Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action. (d) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Covered action.--The term ``covered action'' means any of the following actions taken by the Administrator under the Clean Air Act (42 U.S.C. 7401 et seq.) relating to agriculture and the national primary ambient air quality standard or the national secondary ambient air quality standard for particulate matter: (A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement. (B) Implementing a new or substantially altered program. (3) More than a de minimis negative impact.--The term ``more than a de minimis negative impact'' means the following: (A) With respect to employment levels, a loss of more than 100 jobs related to the agriculture industry. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation. (B) With respect to economic activity, a decrease in agricultural economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation. Passed the House of Representatives December 8, 2011. Attest: Clerk.

Farm Dust Regulation Prevention Act of 2011 - Prohibits the Administrator of the Environmental Protection Agency (EPA) from proposing, finalizing, implementing, or enforcing any regulation revising the national primary ambient air quality standard or the national secondary ambient air quality standard applicable to particulate matter with an aerodynamic diameter greater than 2.5 micrometers under the Clean Air Act (CAA) for one year. Exempts nuisance dust from the CAA and excludes nuisance dust from references in such Act to particulate matter, except with respect to geographic areas where such dust is not regulated under state, tribal, or local law if the Administrator, in consultation with the Secretary of Agriculture, finds that: (1) nuisance dust (or any subcategory of nuisance dust) causes substantial adverse public health and welfare effects at ambient concentrations; and (2) the benefits of applying CAA standards and other requirements to such dust outweigh the costs. Defines "nuisance dust" as particulate matter that: (1) is generated primarily from natural sources, unpaved roads, agricultural activities, earth moving, or other activities typically conducted in rural areas; (2) consists primarily of soil, other natural or biological materials, windblown dust, or some combination thereof; (3) is not emitted directly into the ambient air from combustion, such as exhaust from combustion engines and emissions from stationary combustion processes; (4) is not comprised of residuals from the combustion of coal; and (5) does not include radioactive particulate matter produced from uranium mining or processing. Expresses the sense of Congress that the Administrator should implement an approach to excluding exceptional events, or events that are not reasonably controllable or preventable, from determinations of whether an area is in compliance with any national ambient air quality standard (NAAQS) applicable to coarse particulate matter that maximizes transparency and predictability for states, tribes, and local governments and minimizes their regulatory and cost burdens. Requires the Administrator, before taking a covered action, to analyze its impact, disaggregated by state, on employment levels in the agriculture industry and on agricultural economic activity, utilizing the best available economic models. Defines a "covered action" as an action by the Administrator under the Clean Air Act, relating to agriculture and the primary and secondary NAAQS for particulate matter, to: (1) issue a regulation, policy statement, guidance, response to a petition, or other requirement; or (2) implement a new or substantially altered program. Requires the Administrator to: (1) post such analysis on the main page of EPA's website; (2) request the Secretary of Agriculture to post it on the main page of the Department of Agriculture's website; and (3) request the governor of any state experiencing more than a de minimis negative impact to post such analysis in the state's capitol. Requires the Administrator to: (1) hold a public hearing in each state in which a covered action will have more than a de minimis negative impact on agricultural employment levels or agricultural economic activity, at least 30 days prior to the effective date of the action; and (2) give notice of such impact to the state's congressional delegation, governor, and legislature at least 45 days before the effective date of the action. Defines "de minimis negative impact" as: (1) a loss of more than 100 jobs related to the agriculture industry, or (2) a decrease in agricultural economic activity of more than $1 million over any calendar year.

To establish a temporary prohibition against revising any national ambient air quality standard applicable to coarse particulate matter, to limit Federal regulation of nuisance dust in areas in which such dust is regulated under State, tribal, or local law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``David Ray Hate Crimes Prevention Act of 2017'' or ``David's Law''. SEC. 2. FINDINGS. Congress finds that-- (1) the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim poses a serious national problem; (2) such violence disrupts the tranquility and safety of communities and is deeply divisive; (3) existing Federal law is inadequate to address this problem; (4) such violence affects interstate commerce in many ways, including-- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment or participating in other commercial activity; (5) perpetrators cross State lines to commit such violence; (6) instrumentalities of interstate commerce are used to facilitate the commission of such violence; (7) such violence is committed using articles that have traveled in interstate commerce; (8) violence motivated by bias that is a relic of slavery can constitute badges and incidents of slavery; (9) although many local jurisdictions have attempted to respond to the challenges posed by such violence, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist such jurisdictions; and (10) many States have no laws addressing violence based on the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability, of the victim, while other States have laws that provide only limited protection. SEC. 3. DEFINITION OF HATE CRIME. In this Act, the term ``hate crime'' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE. Section 245 of title 18, United States Code, is amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: ``(c)(1) Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both if-- ``(i) death results from the acts committed in violation of this paragraph; or ``(ii) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2)(A) Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived religion, gender, sexual orientation, or disability of any person-- ``(i) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both, if-- ``(I) death results from the acts committed in violation of this paragraph; or ``(II) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce; or ``(ii) the offense is in or affects interstate or foreign commerce.''. SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION. (a) Amendment of Federal Sentencing Guidelines.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency With Other Guidelines.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense. SEC. 6. GRANT PROGRAM. (a) Authority To Make Grants.--The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2017, 2018, and 2019 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 245 of title 18, United States Code (as amended by this Act).

David Ray Hate Crimes Prevention Act of 2017 or David's Law This bill makes it unlawful to willfully cause bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempting to cause such injury, whether or not acting under color of law, because of: (1) the actual or perceived race, color, religion, or national origin of that person; or (2) the actual or perceived religion, gender, sexual orientation, or disability of that person where the offense is in or affects interstate or foreign commerce. The U.S. Sentencing Commission is directed to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, to amend the federal sentencing guidelines to provide sentencing enhancements for using juveniles to assist in the commission of such hate crimes. The Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) shall make grants to state and local programs designed to combat hate crimes committed by juveniles. The bill authorizes the Department of the Treasury and DOJ, for FY2017-FY2019, to increase the number of personnel to protect against criminal interference with federally-protected activities.

David Ray Hate Crimes Prevention Act of 2017

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Help Small Businesses Start and Grow Act of 2010''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TAX RELIEF Sec. 101. Increase in amount allowed as deduction for start-up expenditures. Sec. 102. Standard deduction for business use of home. Sec. 103. Increased meals and entertainment expense deduction for small businesses. Sec. 104. Two-year extension of bonus depreciation. TITLE II--SMALL BUSINESS LOANS Sec. 202. Small business direct lending program. TITLE I--TAX RELIEF SEC. 101. INCREASE IN AMOUNT ALLOWED AS DEDUCTION FOR START-UP EXPENDITURES. (a) In General.--Subsection (b) of section 195 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(3) Special rule for taxable years beginning in 2009, 2010, or 2011.--In the case of a taxable year beginning in 2009, 2010, or 2011, paragraph (1)(A)(ii) shall be applied-- ``(A) by substituting `$50,000' for `$5,000', and ``(B) by substituting `$75,000' for `$50,000'.''. (b) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. SEC. 102. STANDARD DEDUCTION FOR BUSINESS USE OF HOME. (a) In General.--Subsection (c) of section 280A of the Internal Revenue Code of 1986 (relating to disallowance of certain expenses in connection with business use of home, rental of vacation homes, etc.) is amended by adding at the end the following new paragraph: ``(7) Standard home office deduction.-- ``(A) In general.--In the case of an individual that is allowed a deduction for the use of a home office because of a use described in paragraphs (1), (2), or (4) of this subsection, notwithstanding the limitations of paragraph (5), if such individual elects the application of this paragraph for the taxable year, such individual shall be allowed a deduction equal to the standard home office deduction for the taxable year in lieu of the deductions otherwise allowable under this chapter for such taxable year by reason of being attributed to such use. ``(B) Standard home office deduction amount.--For purposes of this paragraph, the standard home office deduction is the lesser of-- ``(i) $2,500, or ``(ii) the gross income derived from the individual's trade or business for which such use occurs. ``(C) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2010, the dollar amount in subparagraph (B)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2009' for `1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 103. INCREASED MEALS AND ENTERTAINMENT EXPENSE DEDUCTION FOR SMALL BUSINESSES. (a) In General.--Subsection (n) of section 274 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Increased percentage for small business expenses.-- ``(A) In general.--In the case of expenses or items described in paragraph (1) paid or incurred by the taxpayer in carrying on an eligible trade or business, such paragraph shall be applied by substituting `80 percent' for `50 percent'. ``(B) Eligible trade or business.-- ``(i) In general.--For purposes of subparagraph (A), the term `eligible trade or business' means, with respect to any taxable year, a trade or business (whether or not incorporated) which employed an average of less than 50 employees on business days during the taxable year. ``(ii) Controlled groups.--For purposes of clause (i), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.''. (b) Effective Date.--The amendment made by this section shall apply to expenses paid or incurred after the date of the enactment of this Act. SEC. 104. TWO-YEAR EXTENSION OF BONUS DEPRECIATION. (a) In General.--Paragraph (2) of section 168(k) is amended-- (1) by striking ``January 1, 2011'' and inserting ``January 1, 2014'', and (2) by striking ``January 1, 2010'' each place it appears and inserting ``January 1, 2013''. (b) Conforming Amendments.-- (1) The heading for subsection (k) of section 168 of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2013''. (2) The heading for clause (ii) of section 168(k)(2)(B) of such Code is amended by striking ``pre-january 1, 2010'' and inserting ``pre-january 1, 2013''. (3) Paragraph (5) of section 168(l) is amended by striking subparagraph (B), by adding ``and'' at the end of subparagraph (A), and by redesignating subparagraph (C) as subparagraph (B). (4) Subparagraph (C) of section 168(n)(2) of such Code is amended by striking clause (ii), by adding ``and'' at the end of clause (i), and by redesignating clause (iii) as clause (ii). (5) Subparagraph (B) of section 1400N(d)(3) of such Code is amended by striking ``January 1, 2010'' and inserting ``January 1, 2013''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2009. TITLE II--SMALL BUSINESS LOANS SEC. 202. SMALL BUSINESS DIRECT LENDING PROGRAM. (a) Establishment.--The Administrator of the Small Business Administration shall establish and carry out a program under which the Administrator is authorized to make loans directly to eligible small business concerns (in this section referred to as the ``program''). (b) Administration.--Except as otherwise provided under this section and to the extent practicable, the Administrator of the Small Business Administration shall carry out the program-- (1) using the administrative resources of the Small Business Administration; and (2) in a manner similar to the loan program under section 7(a) of the Small Business Act (15 U.S.C. 636(a)). (c) Use of Loan Funds.--Amounts from a loan made under the program may be used by a small business concern for the operation or expansion of such concern or for any other purpose allowed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)). (d) Loan Amount.--The maximum amount of a loan made under the program shall be $1,500,000. (e) Loan Term.--The maximum term for repayment of a loan made under the program shall be 25 years. (f) Loan Interest Rate.--The interest rate with respect to a loan made under the program shall be the prime rate (as determined by the Administrator of the Small Business Administration). (g) Accountability.-- (1) SBA reports.--Not later than 30 days after the date of enactment of this Act and every month thereafter, the Administrator of the Small Business Administration shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing-- (A) the number of loans made under the program; (B) the amounts of loans made under the program; (C) the uses of loans made under the program; (D) repayment progress with respect to loans made under the program; (E) the default rate with respect to loans made under the program; and (F) other relevant information with respect to the program. (2) GAO reports.-- (A) Review.--The Comptroller General of the United States shall conduct a review of the program to evaluate the effectiveness of the program and identify any waste or abuse relating to the program. (B) Reports.--Not later than 90 days after the date of enactment of this Act and quarterly thereafter, the Comptroller General shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing the results of the review conducted under subparagraph (A). (h) Definitions.--In this section, the following definitions apply: (1) Eligible small business concern.--The term ``eligible small business concern'' means a small business concern that the Administrator of the Small Business Administration determines-- (A) is economically healthy; (B) has good credit; and (C) is unable to obtain a loan on reasonable terms from a non-Federal source (which may be demonstrated with respect to a small business concern by evidence that a lender discontinued a line of credit of such concern notwithstanding the good credit of such concern). (2) Small business concern.--The term ``small business concern'' has the meaning given such term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (i) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Small Business Administration $10,000,000,000 to carry out the program, including the hiring of necessary personnel. (j) Termination.--The program shall terminate on the date that is 2 years after the date of enactment of this Act.

Help Small Businesses Start and Grow Act of 2010 - Amends the Internal Revenue Code to: (1) allow an increased tax deduction for business start-up expenditures in 2009, 2010, or 2011; (2) allow a standard tax deduction for the business use of a home; (3) increase the rate of the tax deduction for business meals and entertainment expenses; and (4) extend bonus depreciation allowances through 2012. Directs the Administrator of the Small Business Administration (SBA) to: (1) establish and carry out a small business direct lending program; (2) report to the House and Senate Small Business Committees on the loan program, including the number and amount of loans made under the program. Requires the Comptroller General to evaluate the effectiveness of the program and identify any waste or abuse relating to the program.

To amend the Internal Revenue Code of 1986 to increase the amount allowed as a deduction for start-up expenditures, to provide a standard home office deduction, to increase the amount allowed as a deduction for meals and entertainment expenses of small businesses, and to extend bonus depreciation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unilateral Palestinian Statehood Disapproval Act of 2000''. SEC. 2. FINDINGS. Congress makes the following findings: (1) As part of the 1993 Oslo Accords, Palestinian Chairman Arafat committed to resolving all outstanding issues with Israel through negotiations. (2) On July 25, 2000, at the conclusion of the last round of the Camp David negotiations, Prime Minister Barak and Chairman Arafat issued a statement agreeing on the importance of ``avoiding unilateral action that prejudice the outcome of negotiations''. (3) A critical ingredient to the success of the peace process thus far has been the commitment by both sides to refrain from unilateral actions that undermine the peace process. (4) Upon his return to Gaza following the conclusion of the recent Camp David negotiations, Palestinian Chairman Arafat stated that the agreement to continue negotiations with Israel lasted only until September 13, ``the date for declaring our independent state with Jerusalem as its capital whether people like it or not''. (5) A unilateral declaration of a Palestinian state will most likely undermine the peace process. SEC. 3. DEFINITIONS. In this Act: (1) Humanitarian assistance.--The term ``humanitarian assistance'' includes the provision of food, medicine, medical supplies, or medical equipment. (2) United states assistance.--The term ``United States assistance'' means-- (A) any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation), other than-- (i) assistance under part I of that Act; (ii) assistance under chapter 8 of part II of that Act; (iii) assistance for refugees; and (iv) humanitarian assistance not covered by clause (iii); (B) sales, or financing on any terms, under the Arms Export Control Act; (C) the provision of agricultural commodities, other than food, under the Agricultural Trade Development and Assistance Act of 1954; and (D) financing under the Export-Import Bank Act of 1945. SEC. 4. NONRECOGNITION POLICY OF THE UNITED STATES. (a) In General.--It should be the policy of the United States not to recognize-- (1) a unilaterally declared Palestinian state; or (2) any document or other instrument of a unilaterally declared Palestinian state, including any passport or postage. (b) Diplomatic Efforts To Deny Recognition.--It is the sense of Congress that the President and the Secretary of State should use all diplomatic means to work with the allies of the United States in the European Union, Japan, and other countries to not extend recognition to a unilaterally declared Palestinian state. (c) Downgrade in Status of Palestinian Office in the United States.--It is the sense of Congress that, should there be a unilaterally declared Palestinian state, the President should instruct the Secretary of State to downgrade the status of the Palestinian office in the United States to an information office, the status it held prior to the Oslo Accords, including the commensurate reclassification and treatment of United States-Palestinian diplomatic contacts, travel, and communication. SEC. 5. PROHIBITION ON UNITED STATES ASSISTANCE. Notwithstanding any other provision of law, no funds may be made available for the provision of any United States assistance for a unilaterally declared Palestinian state, except for cooperation on security and antiterrorism matters. SEC. 6. UNITED STATES POLICY ON PALESTINIAN MEMBERSHIP IN THE UNITED NATIONS OR OTHER INTERNATIONAL ORGANIZATION. It is the sense of Congress that the President should direct the United States Permanent Representative to the United Nations to oppose and vote against-- (1) the recognition or membership of a unilaterally declared Palestinian state at the United Nations, or any affiliated agency or organization of the United Nations or any other international organization or commission; and (2) the provision of any economic, technical, or other assistance for a unilaterally declared Palestinian state from the United Nations or any affiliated agency or organization of the United Nations, except for humanitarian assistance and cooperation on security and antiterrorism matters. SEC. 7. UNITED STATES OPPOSITION TO PALESTINIAN MEMBERSHIP IN OR ASSISTANCE FROM INTERNATIONAL FINANCIAL INSTITUTIONS. It is the sense of Congress that the Secretary of the Treasury should instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, the membership or recognition of a unilaterally declared Palestinian state in any of the international financial institutions and the extension by such institution of any loan or financial or technical assistance to a unilaterally declared Palestinian state. SEC. 8. UNITED STATES-ISRAEL SECURITY RELATIONS. (a) Review of United States-Israel Strategic Relations.--Congress urges the President to expedite and upgrade his ongoing review of strategic relations between the United States and Israel. (b) Report.--Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit a report to Congress regarding Israel's security needs in the new security environment that would be created by a unilateral declaration of Palestinian statehood. SEC. 9. PRESIDENTIAL WAIVER AUTHORITY. The President may waive the provisions of section 5, 6(2), or 7 of this Act if the President determines and so reports to Congress that to do so is in the national interest of the United States or advances the peace process.

Urges the President to expedite and upgrade his ongoing review of strategic relations between the United States and Israel. Authorizes the President to waive the requirements of this Act if it is in the national security interest of the United States or advances the peace process.

Unilateral Palestinian Statehood Disapproval Act of 2000

SECTION 1. CENTER OF EXCELLENCE IN PREVENTION, DIAGNOSIS, MITIGATION, TREATMENT, AND REHABILITATION OF MILITARY EYE INJURIES. (a) Establishment.-- (1) In general.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1105 the following new section: ``Sec. 1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries ``(a) In General.--The Secretary of Defense shall establish within the Department of Defense a center of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of military eye injuries to carry out the responsibilities specified in subsection (c). The center shall be known as a `Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries'. ``(b) Partnerships.--The Secretary shall ensure that the Center collaborates to the maximum extent practicable with the Department of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (c). ``(c) Responsibilities.--(1) The Center shall-- ``(A) develop, implement, and oversee a registry of information for the tracking of the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of eye injury incurred by a member of the armed forces in combat that requires surgery or other operative intervention; and ``(B) ensure the electronic exchange with Secretary of Veterans Affairs of information obtained through tracking under subparagraph (A). ``(2) The registry under this subsection shall be known as the `Military Eye Injury Registry'. ``(3) The Center shall develop the Registry in consultation with the ophthalmological specialist personnel and optometric specialist personnel of the Department of Defense. The mechanisms and procedures of the Registry shall reflect applicable expert research on military and other eye injuries. ``(4) The mechanisms of the Registry for tracking under paragraph (1)(A) shall ensure that each military medical treatment facility or other medical facility shall submit to the Center for inclusion in the Registry information on the diagnosis, surgical intervention or other operative procedure, other treatment, and follow up for each case of eye injury described in that paragraph as follows (to the extent applicable): ``(A) Not later than 72 hours after surgery or other operative intervention. ``(B) Any clinical or other operative intervention done within 30 days, 60 days, or 120 days after surgery or other operative intervention as a result of a follow-up examination. ``(C) Not later than 180 days after surgery or other operative intervention. ``(5)(A) The Center shall provide notice to the Blind Service or Low Vision Optometry Service, as applicable, of the Department of Veterans Affairs on each member of the armed forces described in subparagraph (B) for purposes of ensuring the coordination of the provision of visual rehabilitation benefits and services by the Department of Veterans Affairs after the separation or release of such member from the armed forces. ``(B) A member of the armed forces described in this subparagraph is a member of the armed forces as follows: ``(i) A member with an eye injury incurred in combat who has a visual acuity of \20/200\ or less in either eye. ``(ii) A member with an eye injury incurred in combat who has a loss of peripheral vision of twenty degrees or less. ``(d) Utilization of Registry Information.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly ensure that information in the Military Eye Injury Registry is available to appropriate ophthalmological and optometric personnel of the Department of Veterans Affairs for purposes of encouraging and facilitating the conduct of research, and the development of best practices and clinical education, on eye injuries incurred by members of the armed forces in combat.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1105 the following new item: ``1105a. Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries.''. (b) Inclusion of Records of OIF/OEF Veterans.--The Secretary of Defense shall take appropriate actions to include in the Military Eye Injury Registry established under section 1105a of title 10, United States Code (as added by subsection (a)), such records of members of the Armed Forces who incurred an eye injury in combat in Operation Iraqi Freedom or Operation Enduring Freedom before the establishment of the Registry as the Secretary considers appropriate for purposes of the Registry. (c) Report on Establishment.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added), including the progress made in establishing the Military Eye Injury Registry required under that section. (d) Traumatic Brain Injury Post Traumatic Visual Syndrome.--In carrying out the program at Walter Reed Army Medical Center, District of Columbia, on Traumatic Brain Injury Post Traumatic Visual Syndrome, the Secretary of Defense and the Department of Veterans Affairs shall jointly provide for the conduct of a cooperative study on neuro- optometric screening and diagnosis of members of the Armed Forces with Traumatic Brain Injury by military medical treatment facilities of the Department of Defense and medical centers of the Department of Veterans Affairs selected for purposes of this subsection for purposes of vision screening, diagnosis, rehabilitative management, and vision research on visual dysfunction related to Traumatic Brain Injury. (e) Authorization of Appropriations.--There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2008 for Defense Health Program, $5,000,000 for the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries under section 1105a of title 10, United States Code (as so added).

Directs the Secretary of Defense (Secretary) to establish within the Department of Defense (DOD) the Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries to: (1) develop, implement, and oversee a registry for tracking the diagnosis, treatment, and follow-up for each case of eye injury incurred by a member of the Armed Forces in combat that requires surgery or other operative intervention; and (2) ensure the electronic exchange of registry information with the Secretary of Veterans Affairs. Requires the Secretary to: (1) include in the registry records of members who incurred eye injuries in combat in Operations Iraqi Freedom or Enduring Freedom before the registry's establishment; and (2) report to Congress on the Center's establishment. Directs the Secretary and the Department of Veterans Affairs (VA) to conduct a cooperative study on neuro-optometric screening and diagnosis of members with traumatic brain injury (TBI) by military medical treatment facilities and VA medical centers for purposes of vision screening, diagnosis, rehabilitative management, and vision research on visual dysfunction related to TBI.

A bill to provide for the establishment of a Center of Excellence in Prevention, Diagnosis, Mitigation, Treatment, and Rehabilitation of Military Eye Injuries, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014''. SEC. 2. PRIZE COMPETITIONS. (a) In General.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409K. PRIZE COMPETITIONS FOR IMPROVING HEALTH OUTCOMES AND REDUCING FEDERAL EXPENDITURES. ``(a) Goals.--The goal of the prize competitions under this section is to improve health outcomes, thereby reducing Federal expenditures on health programs. ``(b) Initial Actions.-- ``(1) Identification of diseases and conditions.--Not later than 6 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014, the Director of NIH, in consultation with the Director of the Congressional Budget Office, the Administrator for the Centers for Medicare & Medicaid Services, and relevant health economists, shall identify 3 to 5 human diseases or health conditions with respect to which-- ``(A) the Federal Government, for such diseases and conditions, collectively spends a total of not less than $5,000,000,000 per year on prevention and treatment activities; ``(B) public and private investment in research is disproportionately small in comparison with such investment for other human diseases and conditions for which the Federal Government has similar or greater expenditures on prevention and treatment activities; and ``(C) the prize competitions under this section would be appropriate for achieving the goal described in subsection (a). ``(2) Design of prize competitions.--Not later than 12 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014, the Director of NIH shall-- ``(A) design prize competitions-- ``(i) to cooperate with competitors to realize innovations to achieve the goal described in subsection (a) with respect to one or more diseases or conditions identified pursuant to subsection (b); and ``(ii) to award one or more prizes-- ``(I) if appropriate, at the beginning of or during the competitions, to the competitors whose innovations are most promising or demonstrate progress; and ``(II) at the end of the competitions, to the competitors whose innovations prove to be the best solutions; ``(B) ensure that the design of such competitions-- ``(i) is realistic, given the amount of funds to be awarded as prizes; ``(ii) does not reflect any bias concerning the type of innovations which will prove to be the best solutions; ``(iii) allows any person to participate as a competitor without regard to the person's place of incorporation, primary place of business, citizenship, and residency, as applicable; and ``(iv) addresses areas of unmet need with regard to a lack of recent and pending innovations; and ``(C) submit to the Congress a report on the design of such competitions. ``(3) Consultation.--In carrying out paragraphs (1) and (2), the Director of NIH shall consult with-- ``(A) medical, economic, budgetary, innovation, and venture capital experts; and ``(B) the heads of relevant Federal agencies, including the Commissioner of Food and Drugs, the Director of the National Science Foundation, and the Administrator of the Small Business Administration. ``(c) Simulation.--The Director of NIH shall-- ``(1) not later than 14 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014, award one or more contracts-- ``(A) to perform a simulation of the prize competitions to be conducted under this section, based on the designs developed under subsection (b)(2) and in consultation with the categories of experts and agency heads described in subsection (b)(3); and ``(B) to use the simulation to assess the effectiveness of the design; and ``(2) not later than 4 months after awarding such one or more contracts, submit to the Congress a report on the results of the simulation and assessment. ``(d) Adjustments to Design.--Not later than 21 months after the date of enactment of the Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014, the Director of NIH shall-- ``(1) taking into consideration the results of the simulation under subsection (c), and subject to the requirements of subparagraphs (A) and (B) of subsection (b)(2), make such adjustments to the design of the prize competitions under this section as the Director determines appropriate; and ``(2) submit to the Congress a report on any such adjustments. ``(e) Implementation of Prize Competitions.-- ``(1) In general.--The Director of NIH shall enter into an agreement with one or more private entities to implement prize competitions based on the designs developed under subsection (b)(2), as adjusted under subsection (d). ``(2) Duration.--The prize competitions under paragraph (1) shall require competitors to demonstrate the effectiveness of their innovations over a period of not more than 5 years. ``(3) Guidance and access to testing facilities.--The Secretary and the Commissioner of Food and Drugs may cooperate with qualified competitors in the prize competitions under paragraph (1) by providing guidance and access to testing facilities. ``(4) Number of prize competitions.--The Director shall conduct-- ``(A) a total of not more than 5 prize competitions under this section; and ``(B) not more than 2 such prize competitions with respect to any disease or condition. ``(f) Tracking; Reporting.--The Director of NIH shall-- ``(1) collect information on-- ``(A) the medical efficacy of innovations funded through the prize competitions under subsection (e); and ``(B) the actual and potential effect of the innovations on Federal expenditures; and ``(2) not later than one year after the conclusion of the prize competitions under subsection (e), and not later than the end of each of the 4 succeeding years, submit to the Congress a report on the information collected under paragraph (1). ``(g) Intellectual Property.-- ``(1) Prohibition on the government acquiring intellectual property rights.--The Federal Government may not gain an interest in intellectual property developed by a participant in a prize competition under subsection (e) without the written consent of the participant. ``(2) Licenses.--The Federal Government may negotiate a license for the use of intellectual property developed by a participant in a prize competition under subsection (e). ``(h) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, in lieu of amounts authorized to be appropriated by section 402A, there are authorized to be appropriated $50,000,000. ``(2) Minimum percentage for prizes.--Of the total assistance awarded to private entities under subsection (e) (including in-kind contributions and testing or other technical support) to implement any prize competition under this section-- ``(A) not more than 30 percent of such assistance shall be for administration of the prize competition; and ``(B) not less than 70 percent of such assistance shall be awarded as prizes to competitors in the prize competition.''. (b) Prizes Excluded From Gross Income of Recipients.-- (1) In general.--Section 74 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Certain Prizes for Improving Health Outcomes.--Gross income shall not include the value of any prize received by the taxpayer pursuant to a prize competition under section 409K of the Public Health Service Act (as in effect immediately after the enactment of this subsection).''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.

Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to design prize competitions open to competitors worldwide to realize innovations that improve health outcomes thereby reducing federal expenditures on health programs. Requires the NIH to identify as the subject of the competitions diseases or health conditions for which the federal government spends at least $5 billion per year on prevention and treatment, and the research investment is disproportionately small in comparison to other diseases with similar or greater federal expenditures on treatment and prevention. Directs the NIH to award contracts to perform a simulation of the designed prize competitions to assess the effectiveness of the design. Requires the NIH to contract with private entities to implement the competitions. Allows the Secretary of Health and Human Services (HHS) and the Food and Drug Administration (FDA) to provide competitors with guidance and access to testing facilities. Prohibits the federal government from gaining an interest in intellectual property development by a participant without the participant's written consent. Amends the Internal Revenue Code to exclude prizes from gross income.

Health Prizes Rewarding Innovation, Savings, and Effectiveness Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Crowdsourcing and Citizen Science Act of 2016''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the authority granted to Federal agencies under the America COMPETES Reauthorization Act of 2010 (Public Law 111- 358) to pursue the use of incentive prizes and challenges has yielded numerous benefits; (2) crowdsourcing and citizen science projects have a number of additional unique benefits, including accelerating scientific research and data acquisition, improving science literacy, and connecting citizens to the missions of Federal agencies; and (3) granting Federal agencies the direct, explicit authority to use crowdsourcing and citizen science will encourage its appropriate use, including protection of human subjects and other ethical considerations, to advance agency missions and stimulate and facilitate broader public participation in the innovation process, yielding numerous benefits to the Federal Government and citizens who participate in such projects. SEC. 3. CROWDSOURCING AND CITIZEN SCIENCE. (a) Definitions.--In this section: (1) Citizen science.--The term ``citizen science'' means a form of open collaboration in which individuals or organizations participate in the scientific process in various ways, including-- (A) enabling the formulation of research questions; (B) creating and refining project design; (C) conducting scientific experiments; (D) collecting and analyzing data; (E) interpreting the results of data; (F) developing technologies and applications; (G) making discoveries; and (H) solving problems. (2) Crowdsourcing.--The term ``crowdsourcing'' means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. (3) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (4) Federal agency.--The term ``Federal agency''-- (A) except as provided in subparagraph (B), means-- (i) any Executive agency (as defined in section 105 of title 5, United States Code); and (ii) any military department (as set forth in section 102 of such title); and (B) does not include any legislative branch agency. (5) Participant.--The term ``participant'' means any individual or other entity that has consented as a volunteer in a crowdsourcing or citizen science project under this section. (6) Related entity.--The term ``related entity'' means-- (A) a Federal Government contractor or subcontractor, at any tier; and (B) a supplier, user, customer, cooperating party, grantee, investigator, fellow, or detailee of a Federal agency. (b) Crowdsourcing and Citizen Science Authorized.-- (1) In general.--The head of each Federal agency, or the heads of multiple Federal agencies working cooperatively, may utilize crowdsourcing and citizen science approaches to conduct activities designed to advance the mission of the respective Federal agency or the joint mission of Federal agencies, as applicable. (2) Voluntary services.--Notwithstanding section 1342 of title 31, United States Code, the head of a Federal agency may accept, subject to regulations issued by the Office of Personnel Management, voluntary services from participants under this section if such services-- (A) are performed as a part of a crowdsourcing or citizen science project authorized under paragraph (1); (B) are not financially compensated for their time; and (C) will not be used to displace any employee of the Federal Government. (c) Participation.-- (1) Outreach.--The head of each Federal agency engaged in a crowdsourcing or citizen science project under this section shall make public and promote such project to encourage broad participation of consenting participants. (2) Consent, registration, and terms of use.-- (A) In general.--Each Federal agency is authorized to determine the appropriate level of consent, registration, or acknowledgment of the terms of use that is required from participants in crowdsourcing or citizen science projects on a per-project basis. (B) Disclosures.--In seeking consent, conducting registration, or developing terms of use for a project under this subsection, a Federal agency shall disclose the privacy, intellectual property, data ownership, compensation, service, program, and other terms of use to the participant in a clear and reasonable manner. (C) Mode of consent.--A Federal agency or Federal agencies, as applicable, may obtain consent electronically or in written form from participants to the volunteer service terms of a crowdsourcing or citizen science project authorized under this section. (3) Protections for human subjects.--Any crowdsourcing or citizen science project that involves research involving human subjects shall be subject to part 46 of title 28, Code of Federal Regulations (or any successor regulation). (4) Data.--While not neglecting security and privacy protections, Federal agencies shall endeavor to make data collected through a crowdsourcing or citizen science project authorized under this section open and available, in machine readable formats, to the public. As part of the consent process, the Federal agency shall notify all participants-- (A) of the expected uses of the data compiled through the project; (B) if the Federal agency will retain ownership of such data; (C) if and how the data and results from the project would be made available for public or third party use; and (D) if participants are authorized to publish such data. (5) Technologies and applications.--While not neglecting the intellectual property rights of the Federal Government, Federal agencies shall endeavor to make technologies, applications, code, and derivations of such intellectual property developed through a crowdsourcing or citizen science project under this section open and available to the public. (6) Liability.--Each participant in a crowdsourcing or citizen science project under this section shall agree-- (A) to assume any and all risks associated with such participation; and (B) to waive all claims against the Federal Government and its related entities, except for claims based on willful misconduct, for any injury, death, damage, or loss of property, revenue, or profits (whether direct, indirect, or consequential) arising from participation in the project. (7) Scientific integrity.--Federal agencies coordinating citizen science projects shall make all practicable efforts to ensure that participants adhere to all relevant scientific integrity or other applicable ethics policies. (d) Multisector Partnerships.--The head of each Federal agency engaged in crowdsourcing or citizen science under this section, or the heads of multiple Federal agencies working cooperatively, may enter into a contract or other agreement to share administrative duties for such activities with-- (1) a for-profit or nonprofit private sector entity, including a private institution of higher education; or (2) a State, tribal, local, or foreign government agency, including a public institution of higher education. (e) Funding.--In carrying out crowdsourcing and citizen science activities under this section, the head of a Federal agency, or the heads of multiple Federal agencies working cooperatively-- (1) may use funds appropriated by Congress; (2) may publicize projects and accept funds or in kind support for such activities from-- (A) other Federal agencies; (B) for-profit or nonprofit private sector entities, including private institutions of higher education; or (C) State, tribal, local, or foreign government agencies, including public institutions of higher education; and (3) may not give any special consideration to any entity described in paragraph (2) in return for such funds or in kind support. (f) Facilitation.-- (1) General services administration assistance.--The Administrator of the General Services Administration, in coordination with the Director, shall, at no cost to Federal agencies, identify and develop relevant products, training, and services to facilitate the use of crowdsourcing and citizen science activities under this section, including by specifying the appropriate contract vehicles and technology and organizational platforms to enhance the ability of Federal agencies to carry out the activities under this section to further the policy objectives of the Federal Government. (2) Additional guidance.--The head of each Federal agency engaged in crowdsourcing or citizen science under this section is encouraged to consult any guidance provided by the Director, including the Federal Crowdsourcing and Citizen Science Toolkit, to designate a coordinator for their agency's crowdsourcing and citizen science activities, and to share best practices with other agencies, including participation of staff in the Federal Community of Practice for Crowdsourcing and Citizen Science. (g) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Director shall include, as a component of the report required under section 24(p) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719(p)), a report on the activities carried out under this section. (2) Information included.--The report required under paragraph (1) shall include-- (A) a summary of each crowdsourcing and citizen science project conducted by any Federal agency during the most recently completed 2 fiscal years, including a description of the proposed goals of each crowdsourcing and citizen science project; (B) the participation rates, submission levels, number of consents, or any other statistic that might be considered relevant in each crowdsourcing and citizen science project; (C) a description of-- (i) the resources (including personnel and funding) that were used in the execution of each crowdsourcing and citizen science project; (ii) the activities for which such resources were used; and (iii) how the obligations and expenditures relating to the project's execution were allocated among the accounts of the Federal agency; (D) a summary of the use of crowdsourcing and citizen science methods by all Federal agencies, including interagency and multisector partnerships; and (E) any other information that the Director considers relevant. (h) Savings Provisions.--Nothing in this section may be construed-- (1) to affect the authority to conduct crowdsourcing and citizen science authorized by any other provision of law; or (2) to displace Federal Government resources allocated to the Federal agencies that use crowdsourcing or citizen science authorized under this section to carry out a project.

Crowdsourcing and Citizen Science Act of 2016 This bill authorizes executive agencies to: (1) use crowdsourcing and citizen science approaches to conduct activities designed to advance their missions, (2) accept volunteer services performed as part of a crowdsourcing or citizen science project, and (3) enter into an agreement to share administrative duties for such activities with private sector entities or state, tribal, local, or foreign government agencies. "Citizen science" means a form of open collaboration in which individuals or organizations participate in the scientific process. "Crowdsourcing" means a method to obtain needed services, ideas, or content by soliciting voluntary contributions from a group of individuals or organizations, especially from an online community. Agencies shall: (1) make public and promote such projects to encourage broad participation of consenting participants, and (2) endeavor to make data collected through such projects open and available, in machine readable formats, to the public. The General Services Administration shall identify and develop relevant products, training, and services to facilitate the use of crowdsourcing and citizen science activities.

Crowdsourcing and Citizen Science Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Chesapeake Bay Watershed Nutrient Removal Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) nutrient pollution from point sources and nonpoint sources continues to be the most significant water quality problem in the Chesapeake Bay watershed; (2) a key commitment of the Chesapeake 2000 agreement, an interstate agreement among the Administrator, the Chesapeake Bay Commission, the District of Columbia, and the States of Maryland, Virginia, and Pennsylvania, is to achieve the goal of correcting the nutrient-related problems in the Chesapeake Bay by 2010; (3) by correcting those problems, the Chesapeake Bay and its tidal tributaries may be removed from the list of impaired bodies of water designated by the Administrator of the Environmental Protection Agency under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)); (4) more than 300 major sewage treatment plants located in the Chesapeake Bay watershed annually discharge approximately 60,000,000 pounds of nitrogen, or the equivalent of 20 percent of the total nitrogen load, into the Chesapeake Bay; and (5) nutrient removal technology is 1 of the most reliable, cost-effective, and direct methods for reducing the flow of nitrogen from point sources into the Chesapeake Bay. (b) Purposes.--The purposes of this Act are-- (1) to authorize the Administrator of the Environmental Protection Agency to provide financial assistance to States and municipalities for use in upgrading publicly-owned wastewater treatment plants in the Chesapeake Bay watershed with nutrient removal technologies; and (2) to further the goal of restoring the water quality of the Chesapeake Bay to conditions that are protective of human health and aquatic living resources. SEC. 3. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM. The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``TITLE VII--MISCELLANEOUS ``SEC. 701. SEWAGE CONTROL TECHNOLOGY GRANT PROGRAM. ``(a) Definition of Eligible Facility.--In this section, the term `eligible facility' means a municipal wastewater treatment plant that-- ``(1) as of the date of enactment of this title, has a permitted design capacity to treat an annual average of at least 500,000 gallons of wastewater per day; and ``(2) is located within the Chesapeake Bay watershed in any of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, or West Virginia or in the District of Columbia. ``(b) Grant Program.-- ``(1) Establishment.--Not later than 1 year after the date of enactment of this title, the Administrator shall establish a program within the Environmental Protection Agency to provide grants to States and municipalities to upgrade eligible facilities with nutrient removal technologies. ``(2) Priority.--In providing a grant under paragraph (1), the Administrator shall-- ``(A) consult with the Chesapeake Bay Program Office; ``(B) give priority to eligible facilities at which nutrient removal upgrades would-- ``(i) produce the greatest nutrient load reductions at points of discharge; or ``(ii) result in the greatest environmental benefits to local bodies of water surrounding, and the main stem of, the Chesapeake Bay; and ``(iii) take into consideration the geographic distribution of the grants. ``(3) Application.-- ``(A) In general.--On receipt of an application from a State or municipality for a grant under this section, if the Administrator approves the request, the Administrator shall transfer to the State or municipality the amount of assistance requested. ``(B) Form.--An application submitted by a State or municipality under subparagraph (A) shall be in such form and shall include such information as the Administrator may prescribe. ``(4) Use of funds.--A State or municipality that receives a grant under this section shall use the grant to upgrade eligible facilities with nutrient removal technologies that are designed to reduce total nitrogen in discharged wastewater to an average annual concentration of 3 milligrams per liter. ``(5) Cost sharing.-- ``(A) Federal share.--The Federal share of the cost of upgrading any eligible facility as described in paragraph (1) using funds provided under this section shall not exceed 55 percent. ``(B) Non-federal share.--The non-Federal share of the costs of upgrading any eligible facility as described in paragraph (1) using funds provided under this section may be provided in the form of funds made available to a State or municipality under-- ``(i) any provision of this Act other than this section (including funds made available from a State revolving fund established under title VI); or ``(ii) any other Federal or State law. ``(c) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $132,000,000 for each of fiscal years 2006 through 2010, to remain available until expended. ``(2) Administrative costs.--The Administrator may use not to exceed 4 percent of any amount made available under paragraph (1) to pay administrative costs incurred in carrying out this section.''.

Chesapeake Bay Watershed Nutrient Removal Assistance Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to provide grants to states and municipalities to upgrade municipal wastewater treatment plants of a specified capacity and located within the Chesapeake Bay watershed with nutrient removal technologies.

A bill to amend the Federal Water Pollution Control Act to provide assistance for nutrient removal technologies to States in the Chesapeake Bay watershed.

Subtitle A--Authorization of Appropriations SECTION 1. SHORT TITLE. This subtitle may be cited as the ``Panama Canal Commission Authorization Act for Fiscal Year 1998''. SEC. 2. AUTHORIZATION OF EXPENDITURES. (a) In General.--Subject to subsection (b), the Panama Canal Commission is authorized to use amounts in the Panama Canal Revolving Fund to make such expenditures within the limits of funds and borrowing authority available to it in accordance with law, and to make such contracts and commitments as may be necessary under the Panama Canal Act of 1979, as amended, (22 U.S.C. 3601 et seq.) for the operation, maintenance, improvement, and administration of the Panama Canal for fiscal year 1998. (b) Limitations.--For fiscal year 1998, the Panama Canal Commission may expend from funds in the Panama Canal Revolving Fund not more than $85,000 for reception and representation expenses, of which-- (1) not more than $23,000 may be used for official reception and representation expenses of the Supervisory Board of the Commission; (2) not more than $12,000 may be used for official reception and representation expenses of the Secretary of the Commission; and (3) not more than $50,000 may be used for official reception and representation expenses of the Administrator of the Commission. SEC. 3. PURCHASE OF MOTOR VEHICLES. Notwithstanding any other provision of law, funds available to the Panama Canal Commission shall be available for the purchase and transportation to the Isthmus of Panama of passenger motor vehicles, the purchase price of which shall not exceed $22,000 per vehicle. Subtitle B--Amendments to Panama Canal Act of 1979 SEC. 4. SHORT TITLE; REFERENCES. (a) Short Title.--This subtitle may be cited as the ``Panama Canal Act Amendments of 1979''. (b) Reference.--Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Panama Canal Act of 1979, as amended (22 U.S.C. 3601 et seq.). SEC. 5. NOTARY PUBLIC. Section 1102a (22 U.S.C. 3612a) is amended-- (a) by redesignating subsection (g) as subsection (i); (b) by adding a new subsection (g), reading as follows: ``(g)(1) The Commission shall have the power to appoint United States citizens to have the general powers of a notary public who shall perform, on behalf of Commission employees and dependents, those notarial acts which any notary public is required or authorized to do within the United States. ``(2) Every such notarial act shall be as valid, and of like force and effect within the United States, for all intents and purposes, as if executed by or before any other person within the United States duly authorized and competent. ``(3) The signature of any such person acting as notary, together with the title of that person's offices, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act.'' SEC. 6. COMMERCIAL SERVICES. Section 1102a (22 U.S.C. 3612a) is amended by adding new subsection (h), reading as follows: ``(h) The Commission shall have authority to conduct and promote commercial activities related to the management, operation or maintenance of the Panama Canal, consistent with the Panama Canal Treaty of 1977 and related agreements.'' SEC. 7. POST-EMPLOYMENT RESTRICTIONS. Section 1112 (22 U.S.C. 3622) is amended by adding new subsection (e) to read as follows: ``(e) An officer or employee of the Commission shall be exempt from the restrictions of section 207 of title 18, United States Code, following termination of employment with the Commission at noon, December 31, 1999, but only for official actions as an officer or employee of the Panama Canal Authority.'' SEC. 8. COMPENSATION. (a) Repeals.--The following provisions are repealed: (1) Section 1215 (22 U.S.C. 3655), relating to basic pay. (2) Section 1219 (22 U.S.C. 3659), relating to salary protection upon conversion of pay base. (3) Section 1225 (22 U.S.C. 3665), relating to minimum level of pay and minimum annual increases. (b) Savings Provision.--The rate of basic pay for an officer or employee of the Commission after the effective date of this Act shall not be less than it was immediately before the effective date of this Act, except-- (1) as provided in a collective bargaining agreement; (2) as a result of an adverse action against the officer or employee; or (3) pursuant to a voluntary demotion. SEC. 9. TRAVEL AND TRANSPORTATION EXPENSES. Section 1210 (22 U.S.C. 3650) is amended-- (a) by repealing subsections (a), (b) and (c) and redesignating subsection (d)(1) as (a) and subsection (d)(2) as (b). (b) in subsection (a) by striking ``2'' and inserting ``b''. (c) in subsection (b) by striking ``1'' and inserting ``a''. (d) by revising the heading to read as follows: ``Air Transportation''. SEC. 10. RECRUITMENT AND RETENTION REMUNERATION. Section 1217 (22 U.S.C. 3657) is amended-- (a) by redesignating subsection (c) as subsection (e) and striking therein ``for the same or similar work performed in the United States by individuals employed by the Government of the United States''. (b) by adding new subsections (c), (d) and (f), reading as follows: ``(c)(1) The Administrator may authorize the payment of a bonus to an employee who is newly recruited to a position, or to an employee who must relocate to accept a position, if the Administrator determines that the Commission would be likely, in the absence of such a bonus, to encounter difficulty in filling the position. ``(2) Payment of a recruitment or relocation bonus shall be contingent upon the employee's entering into an agreement with the Commission to complete a period of employment with the Commission established by the Commission. If the employee voluntarily fails to complete such period of service or is separated from the service as a result of an adverse action before completion of such period, the employee shall repay the bonus on a pro rata basis. ``(3) A recruitment or relocation bonus shall be paid as a lump sum and may not be considered to be part of the basic pay of an employee. ``(d)(1) The Administrator may authorize the payment of a retention bonus to an employee if the Administrator determines that-- ``(A) the unusually high or unique qualifications of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and ``(B) the employee would be likely to leave in the absence of the receipt of a retention bonus. ``(2) A retention bonus shall be a fixed amount, but paid on pro rata basis at the same time and in the same manner as basic pay but shall not be part of the basic pay of an employee. ``(e) * * *. ``(f) The decision to exercise or forgo the authority to make payments under this section shall not be subject to challenge under any statutory procedure or any agency or negotiated grievance procedure.'' SEC. 11. CLASSIFICATION APPEALS. (a) Section 1221(a) (22 U.S.C. 3661(a)) is amended in the first sentence by striking ``President'' and inserting ``Commission''. (b) Section 1222(a) (22 U.S.C. 3662(a)) is amended in the second sentence by striking ``President'' and inserting ``Commission''. SEC. 12. TRAVEL, TRANSPORTATION AND SUBSISTENCE. Section 1224 (22 U.S.C. 3664) is amended by-- (a) striking out clause (10); and (b) redesignating clauses (11)-(20) as (10)-(19). SEC. 13. CONTINGENT SEVERANCE PAY LIABILITY. Section 1302(a) (22 U.S.C. 3712(a)) is amended by adding the following paragraph: ``(10) payment of severance pay to employees terminated from the Panama Canal Authority for periods of service with the Commission.'' SEC. 14. PRINTING. Section 1306 (22 U.S.C. 3716) is amended by striking ``Section 501'' and inserting in lieu thereof ``Sections 501 through 517 and 1101 through 1123''. SEC. 15. INTERAGENCY SERVICES, REIMBURSEMENTS. Section 1321(e)(2) (22 U.S.C. 3731(e)(2)) is amended to read as follows: ``(2) educational services provided by schools in the Republic of Panama, or the United States, which are not operated by the United States, to employees of the Commission who are citizens of the United States, to other Commission employees when determined by the Administrator to be necessary for their recruitment or retention, and to other persons who were receiving such services at the expense of the Canal Zone Government before the effective date of the Panama Canal Act of 1979.'' SEC. 16. TRANSACTIONS WITH THE REPUBLIC OF PANAMA. Section 1342 (22 U.S.C. 3752) is amended-- (a) by redesignating the present section as subsection (a); (b) in subsection (a), by striking ``the Commission'' whenever it appears and inserting in lieu thereof ``an executive agency''; and (c) adding the following new subsection: ``(b) Notwithstanding subsection (a), the Commission may provide office space, equipment, supplies, personnel and other inkind services to the Panama Canal Authority.'' SEC. 17. FILING OF ADMIRALTY CLAIMS. (a) Section 1411(a) (22 U.S.C. 3771(a)) is amended by revising the last sentence to read as follows: ``No payment for damages on a claim may be made under this section unless the claim is filed with the Commission within 1 year after the date of the injury, or within 1 year after the date of the enactment of the Panama Canal Act Amendments of 1997, whichever is later.'' (b) Section 1412 (22 U.S.C. 3772) is amended by revising the last sentence to read as follows: ``No payment for damages on a claim may be made under this section unless the claim is filed with the Commission within 1 year after the date of the injury, or within 1 year after the date of the enactment of the Panama Canal Act Amendments of 1997, whichever is later.'' (c) Section 1416 (22 U.S.C. 3776) is amended by revising the penultimate sentence to read as follows: ``Any action on a claim under this section shall be barred unless the action is brought within 180 days after the date on which the Commission mails to the claimant written notification of the Commission's final determination with respect to the claim, or within 180 days after the date of the enactment of the Panama Canal Act Amendments of 1997, whichever is later.'' SEC. 18. TOLLS FOR SMALL VESSELS. Section 1602(a) (22 U.S.C. 3792(a)) is amended-- (a) in the first sentence, by adding ``and'' before ``supply ships'', deleting the comma after ``supply ships'' and deleting ``and yachts''; and (b) by adding at the end thereof a new sentence, reading as follows: ``The tolls for yachts and other small vessels as defined by the Commission may be set at fixed rates determined by the Commission.'' SEC. 19. DATE OF ACTUARIAL EVALUATION OF FECA LIABILITY. Section 3715c(a) of title 22, United States Code, is amended by striking ``Upon termination of the Panama Canal Commission'' and inserting in lieu thereof ``By March 31, 1998''. SEC. 20. RETIREMENT ELIGIBILITY. (a) Section 8336(c)(2)(B) of title 5, United States Code, is amended by striking ``before January 1, 2000,'' and inserting ``with the Panama Canal Commission,''. (b) Paragraph (4) of section 8336(I) is redesignated as paragraph (5) and amended to read as follows: ``(5) For the purpose of this subsection-- ``(A) `Panama Canal service' means-- ``(i) service as an employee of the Canal Zone Government, the Panama Canal Company, or the Panama Canal Commission, including service with the office established pursuant to 22 U.S.C. 3714a(b) to close out the affairs of the Commission that are still pending after the termination of the Panama Canal Treaty of 1977; or ``(ii) service at a permanent duty station in the Canal Zone or Republic of Panama as an employee of an Executive agency (other than the Commission) conducting operations in the Canal Zone or the Republic of Panama; and ``(B) `Executive agency' includes the Smithsonian Institution.'' (c) Section 8336(I) is amended by adding the following new paragraph: ``(4) An employee of the Panama Canal Commission, assigned to the office established pursuant to 22 U.S.C. 3714a(b) to close out the affairs of the Commission, who is separated after January 1, 2000, and who otherwise would be eligible for an immediate annuity under 8336(I) (1), (2) or (3) except for date of separation, is entitled to an annuity if the employee is separated-- ``(A) involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, except by adverse action, or ``(B) voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service.'' SEC. 21. LUMP SUM SEVERANCE PAY. Section 5595 of title 5, United States Code, is amended to read as follows: ``(j) In the case of an employee of the Panama Canal Commission who is entitled to severance pay under this section, on or after December 31, 1999, the agency may pay the total amount of the severance pay due the employee in one lump sum.'' SEC. 22. EMPLOYMENT OF RESERVES AND RETIRED MEMBERS BY PANAMA CANAL AUTHORITY. Section 908 of title 37, United States Code, is amended by adding the following new subsection: ``(c) Notwithstanding subsection (b), a person described in subsection (a) may accept employment or compensation described in that subsection with the entity of the Government of the Republic of Panama known as the Panama Canal Authority, which is the successor to the Panama Canal Commission.'' SEC. 23. CONFORMING AND CLERICAL AMENDMENTS. (a) Section 1216 (22 U.S.C. 3656) is amended by striking ``1215'' and inserting in lieu thereof ``1202''. (b) Section 1218 (22 U.S.C. 3658) is amended by striking ``1215'' and inserting in lieu thereof ``1202'' and by revising ``1217'' to read ``1217(a)''. (c) Section 5315 of title 5, United States Code, is amended by striking ``Administrator, Panama Canal Commission''. (d)(1) Section 5724(a)(3) of title 5, United States Code, is amended by striking ``, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements, as described in section 3(a) of the Panama Canal Act of 1979'' and inserting in lieu thereof ``or the Commonwealth of Puerto Rico''. (2) Section 5724a of title 5, United States Code, is amended by striking ``, the Commonwealth of Puerto Rico, or the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements, (as described in section 3(a) of the Panama Canal Act of 1979)'' and inserting in lieu thereof ``or the Commonwealth of Puerto Rico'' every time it appears. (e) Table of Contents.--The table of contents in section 1 is amended as follows: (1) The item relating to section 1210 is amended to read as follows: ``Sec. 1210. Air Transportation.''. (2) Such table of contents is further amended by inserting after the item relating to section 1232 the following new item: ``Sec. 1233. Transition Separation Incentive Payment.''. (3) Such table of contents is further amended by striking out the items relating to sections 1215, 1219, and 1225.

TABLE OF CONTENTS: Subtitle A: Authorization of Appropriations Subtitle B: Amendments to Panama Canal Act of 1979 Subtitle A: Authorization of Appropriations - Panama Canal Commission Authorization Act for Fiscal Year 1998 - Authorizes the Panama Canal Commission to make expenditures as necessary for the operation, maintenance, improvement, and administration of the Panama Canal for FY 1998. Makes funds available for the purchase, and transportation to Panama, of passenger motor vehicles (limiting the per vehicle purchase price to $22,000). Subtitle B: Amendments to Panama Canal Act of 1979 - Panama Canal Act Amendments of 1979 (sic) - Amends the Panama Canal Act of 1979 to: (1) empower the Commission to appoint U.S. citizens as notaries public, and to conduct and promote commercial activities related to the management, operation, or maintenance of the Canal; (2) exempt Commission officers and employees from Federal post-employment restrictions following termination of their employment on December 31, 1999; (3) repeal certain Commission employee pay, travel and transportation provisions; (4) authorize the Administrator of the Commission to pay a bonus to a newly recruited employee or an employee who must relocate to accept a position (requires the employee to contract to complete a period of employment established by the Commission) and to pay a retention bonus to other employees under specified circumstances; (5) authorize the Commission (currently, the President) to regulate the Panama Canal Board of Appeals; (6) authorize use of the Panama Canal Revolving Fund to pay severance pay to Commission employees; (7) direct an executive agency (currently, the Commission) to enter into supplies and materials contracts and other transactions with the Republic of Panama; (8) provide a time limitation with respect to the filing of admiralty claims with the Commission; (9) authorize the Commission to establish toll rates for yachts using the Canal; (10) revise generally Federal provisions concerning retirement eligibility for Commission employees; and (11) authorize reserve and retired military personnel to accept employment with the Panama Canal Authority (the successor to the Commission).

Panama Canal Commission Authorization Act for Fiscal Year 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Syrian War Crimes Accountability Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) March 2015 marks the fourth year of the ongoing conflict in Syria. (2) On December 17, 2014, the United Nations Security Council unanimously adopted Resolution 2191 ``expressing outrage at the unacceptable and escalating level of violence and the killing of more than 191,000 people, including well over 10,000 children'' and approximately 1,000,000 injured in Syria. (3) More than half of Syria's population is displaced as of March 2015, with more than 7,600,000 internally displaced and more than 3,700,000 refugees in neighboring countries. (4) On February 19, 2015, United Nations Secretary-General Ban Ki-moon reported to the Security Council that ``parties to the conflict are failing to live up to their international legal obligations to protect civilians'' and called for action to ensure the unfettered delivery of humanitarian relief, an end to the use of denial of services as a weapon of war, and a response to ``the relentless and indiscriminate attacks on civilians, including through the use of barrel bombs''. (5) On February 27, 2014, the Department of State issued its 2013 Human Rights Report on Syria, which described President Bashar al Assad's use of ``indiscriminate and deadly force'' in the conflict, including the August 21, 2013, use of ``sarin gas and artillery to target East Ghouta and Moadamiya al-Sham, suburbs of Damascus, which killed over 1,000 people''. (6) The 2014 United States Commission on International Religious Freedom Annual Report states that in Syria ``terrorist organizations espouse violence and the creation of an Islamic state with no space for religious diversity and have carried out religiously-motivated attacks and massacres against Alawite, Shi'a and Christian civilians.'' (7) On February 4, 2015, the Executive Council of the Organization for the Prohibition of Chemical Weapons (OPCW) adopted a decision expressing serious concern about the findings ``with a high degree of confidence'' of an OPCW fact- finding mission that chlorine had been used as a weapon in some areas of Syria in 2014 and calling for those individuals responsible to be held accountable. (8) The United Nations Independent International Commission of Inquiry on the Syrian Arab Republic reports that pro- government forces have conducted attacks on Syrian civilian populations, and have utilized murder, torture, assault, and rape as war tactics. Anti-government groups have also committed murder and torture, engaged in hostage-taking, attacked protected objects, and shelled civilian neighborhoods. The Commission's February 2015 report states that Syria's civil war ``has been characterized by massive, recurrent violations of human rights and international humanitarian law that demand urgent international and national action''. (9) On March 12, 2015, Physicians for Human Rights (PHR) reported that since 2011, at least 610 medical personnel have been killed and there have been 233 deliberate or indiscriminate attacks on 183 medical facilities in Syria. The Physicians for Human Rights report cited evidence that the Government of Syria committed 88 percent of the recorded hospital attacks and 97 percent of medical personnel killings, and ``has targeted health care and increasingly used it as a weapon of war to destroy its opponents by preventing care, killing thousands of civilians along the way''. (10) Internationally accepted rules of war require actors to distinguish between civilians and combatants and that all parties are obligated to respect and protect the wounded and sick and to take care all reasonable measures to provide safe and prompt access for the wounded and sick to medical care. SEC. 3. SENSE OF CONGRESS. Congress-- (1) strongly condemns the ongoing violence, use of chemical weapons, targeting of civilian populations with barrel, incendiary, and cluster bombs and SCUD missiles, and systematic gross human rights violations carried out by Government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as all abuses committed by violent extremist groups and other combatants involved in the civil war in Syria; (2) expresses its support for the people of Syria seeking democratic change; (3) urges all parties to the conflict to immediately halt indiscriminate attacks on civilians, allow for the delivery of humanitarian and medical assistance, and end sieges of civilian populations; (4) calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and (5) supports the requirement in United Nations Security Council Resolutions 2191, 2165 and 2139 for regular reporting by the Secretary-General on implementation on the resolutions, including of paragraph 2 of resolution 2139, which demands that all parties desist from violations of international humanitarian law and violations and abuses of human rights and calls on the Security Council to establish a committee to investigate past and ongoing gross violations of human rights and war crimes in the Syrian conflict. SEC. 4. REPORT ON ACCOUNTABILITY FOR WAR CRIMES AND CRIMES AGAINST HUMANITY IN SYRIA. (a) In General.--Not later than 90 days after the date of the enactment of this Act, and again not later than 180 days after the cessation of violence in Syria, the Secretary of State shall submit to the appropriate congressional committees a report on war crimes and crimes against humanity in Syria. (b) Elements.--The report required under subsection (a) shall include the following elements: (1) A description of violations of internationally recognized human rights, war crimes, and crimes against humanity perpetrated during the civil war in Syria, including-- (A) an account of incidents that may constitute war crimes and crimes against humanity committed by the regime of President Bashar al-Assad and all forces fighting on its behalf; (B) an account of incidents that may constitute war crimes and crimes against humanity committed by violent extremist groups, anti-government forces, and any other combatants in the conflict; (C) a description of any incidents that may violate the principle of medical neutrality and, when possible, an identification of the individual or individuals who engaged in or organized such violations; and (D) where possible, a description of the conventional and unconventional weapons used for such crimes and, the origins of the weapons. (2) A description of efforts by the Department of State and the United States Agency for International Development to ensure accountability for violations of internationally recognized human rights, international humanitarian law, and crimes against humanity perpetrated against the people of Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict, including-- (A) a description of initiatives that the United States Government has undertaken to train investigators in Syria on how to document, investigate, and develop findings of war crimes, including the number of United States Government or contract personnel currently designated to work full-time on these issues and an identification of the authorities and appropriations being used to support training efforts; (B) a description and assessment of Syrian and international efforts to ensure accountability for crimes committed during the Syrian conflict, including efforts to promote a transitional justice process that would include criminal accountability and the establishment of an ad hoc tribunal to prosecute the perpetrators of war crimes committed during the civil war in Syria; and (C) an assessment of the influence of accountability measures on efforts to reach a negotiated settlement to the conflict during the reporting period. (c) Form.--The report required under subsection (a) may be in unclassified or classified form, but shall include a publicly available annex. (d) Appropriate Congressional Committee Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. Passed the Senate July 14, 2015. Attest: JULIE E. ADAMS, Secretary.

. The expanded summary of the Senate reported version is repeated here.) Syrian War Crimes Accountability Act of 2015 (Sec. 3) Declares that Congress: condemns the ongoing violence, use of chemical weapons, targeting of civilian populations, and systematic gross human rights violations carried out by government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as abuses committed by extremist groups and other combatants involved in the civil war in Syria; supports the people of Syria seeking democratic change; urges all parties to the conflict to halt attacks on civilians; calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and calls for a United Nations Security Council investigation into gross violations of human rights and war crimes committed during the Syrian conflict. (Sec. 4) Requires the Department of State to report to Congress regarding war crimes and crimes against humanity in Syria, including descriptions of: violations of internationally recognized human rights, war crimes, and crimes against humanity perpetrated during the civil war in Syria; and efforts by the Department and the U.S. Agency for International Development to ensure accountability for violations of internationally recognized human rights, international humanitarian law, and crimes against humanity perpetrated in Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict.

Syrian War Crimes Accountability Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Streamlining of Energy Facilities Act of 2001''. SEC. 2. ENVIRONMENTAL REVIEW OF ENERGY FACILITIES. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following: ``SEC. 106. ENVIRONMENTAL REVIEW OF ENERGY FACILITIES. ``(a) Definitions.--In this section: ``(1) Applicant.--The term `applicant' means a person that applies for an authorization required under Federal law for an energy facility. ``(2) Authorization.--The term `authorization' means a license, permit, or other form of approval for a construction, operation, or maintenance activity. ``(3) Energy facility.--The term `energy facility' means a facility used in the generation, transmission, or distribution of electricity, or the production or delivery of coal, natural gas, or other form of energy, for which an authorization issued by 1 or more Federal agencies is required under Federal law. ``(4) Integrated review process.--The term `integrated review process' means the coordinated environmental review and authorization process described in subsection (c)(2)(B) for construction, operation, or maintenance of an energy facility. ``(5) Lead agency.--The term `lead agency' means the Federal agency designated under subsection (c)(1) to conduct the environmental review and prepare the environmental review documents required under this Act for construction, operation, or maintenance of an energy facility. ``(6) Participating agency.--The term `participating agency' means a Federal agency that has the authority to issue an authorization for an energy facility under Federal law, or to participate in an environmental review relating to construction, operation, or maintenance of the energy facility, but that is not the lead agency with respect to the construction, operation, or maintenance of the energy facility. ``(b) Purpose.--The purpose of this section is to promote the timely completion of Federal environmental reviews relating to construction, operation, or maintenance of energy facilities consistent with the public safety, efficiency, and socioeconomic values of-- ``(1) this Act; and ``(2) other Federal laws that further the purposes of this Act. ``(c) Integrated Review Process.-- ``(1) Designation of lead agency.-- ``(A) Single responsible federal agency.--In any case in which a single Federal agency has primary authority to issue an overall authorization for an energy facility under Federal law (such as the Federal Energy Regulatory Commission with respect to interstate natural gas pipelines), that Federal agency shall be the lead agency in conducting the environmental review and preparing all environmental review documents required under this Act for construction, operation, or maintenance of the energy facility. ``(B) Multiple responsible federal agencies.--If more than 1 Federal agency has the authority to issue an authorization for an energy facility under Federal law-- ``(i) the applicant may request that the Federal agencies with that authority designate a lead agency to conduct the environmental review and prepare the environmental review documents required under this Act for construction, operation, or maintenance of the energy facility; and ``(ii)(I) the Federal agencies shall jointly designate 1 of the Federal agencies as the lead agency; or ``(II) if the Federal agencies do not make a joint designation under subclause (I) by the date that is 30 days after the date of the request by the applicant under clause (i), the Council on Environmental Quality established by title II shall designate 1 of the Federal agencies as the lead agency. ``(2) Federal agency responsibilities.-- ``(A) Single environmental review.-- ``(i) Duties of lead agency.--The lead agency shall conduct the environmental review and prepare the environmental review documents required under this Act for construction, operation, or maintenance of the energy facility. ``(ii) Duties of participating agencies.-- Each participating agency with respect to the energy facility shall-- ``(I) provide input to the lead agency, focusing on direct project impacts and submitting data based on sound science necessary to substantiate that input; and ``(II) in issuing the authorization for which the participating agency has authority, rely on the environmental review conducted and the environmental review documents prepared by the lead agency for the energy facility. ``(B) Integration of federal environmental review and authorization process.-- ``(i) In general.--In consultation with each participating agency, the lead agency shall-- ``(I) develop and implement a coordinated and timely environmental review process for construction, operation, or maintenance of an energy facility; and ``(II) ensure, to the maximum extent practicable, the integration with that environmental review process of all relevant Federal, State, and local authorization requirements for the energy facility. ``(ii) Activities to be integrated.--The integrated review process shall integrate-- ``(I) the preparation of an environmental impact statement under this Act, or, at the discretion of the lead agency, the preparation of an environmental assessment under this Act, if such a statement or assessment is required under this Act; and ``(II) the conduct of any other review, analysis, opinion, or determination, and the issuance of any authorization, required under Federal law. ``(C) Deadlines.-- ``(i) Establishment by lead agency.--The lead agency shall establish deadlines for-- ``(I) completion of environmental reviews and environmental review documents required under this Act for construction, operation, or maintenance of an energy facility; and ``(II) issuance of all authorizations required under Federal law for the energy facility. ``(ii) Compliance by participating agencies.--Each participating agency with respect to the energy facility shall comply with the deadlines established under clause (i). ``(iii) Minimization of duplication and delays.--The integrated review process shall seek to minimize-- ``(I) duplication of activities carried out by the lead agency and the participating agencies; and ``(II) delays in decisionmaking by those agencies. ``(D) Communication between agencies.-- ``(i) Duties of lead agency.--As soon as practicable after the owner or operator of an energy facility submits to the lead agency written notice that the owner or operator is developing an application for an authorization for the energy facility, but not later than 45 days after the date on which the owner or operator submits the application to the lead agency, the lead agency shall-- ``(I) identify each participating agency; ``(II) notify each participating agency of the development of the application and of the role of the lead agency; ``(III) request input by each participating agency concerning the application; and ``(IV) enter into a memorandum of understanding with all participating agencies concerning the issues to be considered by the lead agency and the participating agencies in conducting the integrated review process with respect to the application. ``(ii) Duties of participating agencies.-- Unless otherwise required by law (including a regulation), each participating agency shall-- ``(I) communicate with the lead agency at the earliest practicable time concerning any potential impediment to the issuance of the authorization to the applicant; ``(II) commit to early and continuous involvement and concurrence at key decision points as determined by the lead agency; and ``(III) refrain from raising any additional issues with respect to an application after the date of execution of the memorandum of understanding concerning the application under clause (i)(IV). ``(3) Public participation.-- ``(A) In general.--The lead agency, in conjunction with the Governor of each State affected by an application for an authorization for an energy facility-- ``(i) shall provide for early environmental screening to identify and address any environmental concern associated with the authorization for the energy facility; and ``(ii) to the extent practicable, shall ensure maximum public participation at the beginning of the integrated review process. ``(B) Presentation of information.--Under subparagraph (A)(ii), the lead agency shall ensure that the presentation of environmental information to the public is comprehensive, informative, and understandable. ``(4) Dispute resolution.--If, after timely compliance with a deadline established under this subsection, the lead agency finds that an environmental concern relating to an authorization for an energy facility over which a participating agency has jurisdiction under Federal law has not been resolved, the Chairman of the Council on Environmental Quality, in consultation with the lead agency and the head of the participating agency, shall resolve the matter not later than 30 days after the date of the finding. ``(d) Delegation From Participating Agency to Lead Agency.-- Notwithstanding any other provision of law, with the agreement of the lead agency, the head of any participating agency may delegate to the lead agency the authority to issue any authorization for an energy facility or a class of energy facilities. ``(e) Participation of State Agencies.--A State agency with jurisdiction under State law over siting and construction of energy facilities may elect to participate in an integrated review process under the terms and conditions established by the lead agency for all Federal agencies that participate in the integrated review process. ``(f) Federal Delegation to States.--At the request of a Governor of a State, and with the concurrence of an applicant, the lead agency may delegate to an appropriate State agency the authority to prepare an environmental impact statement or an environmental assessment relating to construction, operation, or maintenance of an energy facility if-- ``(1) such a statement or assessment is required under this Act; ``(2) the energy facility is located entirely within the State and the State agency has statewide jurisdiction and responsibility for preparation of environmental impact statements and environmental assessments; ``(3) the responsible Federal official of the lead agency provides guidance and participates in the preparation of the environmental impact statement or environmental assessment by the State agency; ``(4) the responsible Federal official independently evaluates any environmental impact statement or environmental assessment prepared by the State agency before the statement or assessment is approved; and ``(5) the responsible Federal official-- ``(A) provides early notification to and solicits the views of any other affected State or any affected Federal land management entity of any action or alternative to the action that may have a significant impact on the State or Federal land management entity; and ``(B) if the State agency disagrees with the assessment of the responsible Federal official with respect to an impact described in subparagraph (A), prepares a written assessment of the impact for incorporation into the environmental impact statement or environmental assessment prepared by the State agency. ``(g) Financial Assistance.--To ensure that the policies of this Act and other laws that further the purposes of this Act are most effectively implemented, the lead agency may make funds available to the Governor of a State that assumes responsibility for environmental review that would otherwise be conducted by the lead agency. ``(h) Preemption.--Nothing in this section preempts any State law relating to siting or construction of energy facilities.''.

Environmental Streamlining of Energy Facilities Act of 2001 - Amends the National Environmental Policy Act of 1969 to establish an integrated review process for the environmental review required for construction, operation, and maintenance of energy facilities for which an authorization (license, permit, or other form of approval) is required to be issued under Federal law.Includes in the process the following components: (1) designation of a lead agency and delineation of lead agency and participating agency responsibilities; (2) integration of the preparation of environmental impact statements or assessments and the conduct of any other review or determination, and the issuance of any authorization, required under Federal law; (3) public participation requirements; (4) procedures for resolution of environmental concerns that have not been resolved; (5) guidelines for participation of State agencies in the review and delegation to them of authority to prepare environmental impact statements or assessments; and (6) financial assistance to States that assume responsibility for environmental review that would otherwise be conducted by the lead agency.

A bill to amend the National Environmental Policy Act of 1969 to improve the environmental review process that is associated with authorizations required under Federal law for construction, operation, or maintenance of energy facilities.

SECTION. 1. MEDICAL INCENTIVES ACCOUNTS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 137 as section 138 and by inserting after section 136 the following new section: ``SEC. 137. MEDICAL INCENTIVES ACCOUNTS. ``(a) Exclusion.--Gross income of an employee shall not include any amount contributed during the taxable year by the employer to a medical incentives account of such employee. ``(b) Limitations.-- ``(1) Maximum exclusion.-- ``(A) In general.--Subsection (a) shall not apply to contributions for the taxable year in excess of $3,000. ``(B) Medical care cost adjustment.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1994, the dollar amount in subparagraph (A) shall be increased for such calendar year by the medical care cost adjustment for such calendar year. ``(ii) Medical care cost adjustment.--For purposes of clause (i), the medical care cost adjustment for any calendar year is the percentage (if any) by which-- ``(I) the medical care component of the Consumer Price Index (as defined in section 1(f)(5)) for August of the preceding calendar year, exceeds ``(II) such component for August of 1993. If any increase under the preceding sentence is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50. ``(2) Employee must have employer-provided health insurance.--Subsection (a) shall not apply to any employee unless-- ``(A) such employee is covered under insurance which constitutes medical care (as defined in section 213(d)), and ``(B) any portion of the cost of such insurance is provided by such employee's employer. ``(c) Definitions.--For purposes of this section-- ``(1) Medical incentives account.--The term `medical incentives account' means a trust created or organized in the United States exclusively for the purpose of paying (or reimbursing) the medical expenses of the account beneficiary, the spouse of such beneficiary, or any dependent (as defined in section 152) of such beneficiary, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is in cash, and contributions will not be accepted for the taxable year in excess of the limitation under subsection (b)(1). ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The interest of an individual in the balance in his account is nonforfeitable. ``(D) No part of the trust assets will be invested in life insurance contracts. ``(E) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(2) Medical expenses.--The term `medical expenses' means, with respect to the account beneficiary, the amount paid by such beneficiary during the taxable year which would be allowable as a deduction for the taxable year under section 213 but for the threshold based on adjusted gross income. ``(3) Account beneficiary.--The term `account beneficiary' means the employee for whose benefit the medical incentives account is established. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Any amount paid or distributed out of a medical incentives account shall be included in the gross income of the account beneficiary unless such amount is used exclusively to pay (or reimburse) the medical expenses of such beneficiary, the spouse of such beneficiary, or any dependent (as defined in section 152) of such beneficiary. The preceding sentence shall not apply to the extent that the aggregate of such payments and distributions during any taxable year which are not so used does not exceed the account balance as of the close of the preceding taxable year. ``(2) Penalty for amounts included in income.--If any amount is includible in the gross income of the account beneficiary for any taxable year, such beneficiary's tax imposed by this chapter shall be increased by 10 percent of the amount so includible. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--Any medical incentives account is exempt from taxation under this subtitle unless such account has ceased to be a medical incentives account by reason of paragraph (2) or (3). Notwithstanding the preceding sentence, any such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminates if individual engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit the medical incentives account was established, such individual engages in any transaction prohibited by section 4975 with respect to the account, the account ceases to be a medical incentives account as of the first day of that taxable year. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be a medical incentives account by reason of subparagraph (A) on the first day of any taxable year, paragraph (1) of subsection (d) shall be applied as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day) and no portion of such distribution were used to pay medical expenses. ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit a medical incentives account was established uses the account or any portion thereof as security for a loan, the portion so used is treated as distributed to that individual and not used to pay medical expenses. ``(f) Custodial Accounts.--For purposes of this section, a custodial account shall be treated as a trust if-- ``(1) the assets of such account are held by a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which he will administer the account will be consistent with the requirements of this section, and ``(2) the custodial account would, except for the fact that it is not a trust, constitute a medical incentives account described in subsection (c). For purposes of this title, in the case of a custodial account treated as a trust by reason of the preceding sentence, the custodian of such account shall be treated as the trustee thereof. ``(g) Reports.--The trustee of a medical incentives account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.'' (b) Exclusion Applies for Employment Tax Purposes.-- (1) Social security taxes.-- (A) Paragraph (20) of section 3121(a) of such Code is amended by striking ``or 132'' and inserting ``132, or 137''. (B) Paragraph (17) of section 209(a) of the Social Security Act is amended by striking ``or 132'' and inserting ``132, or 137''. (2) Railroad retirement tax.--Paragraph (5) of section 3231(e) of such Code is amended by striking ``or 132'' and inserting ``132, or 137''. (3) Unemployment tax.--Paragraph (16) of section 3306(b) of such Code is amended by striking ``or 132'' and inserting ``132, or 137''. (4) Withholding tax.--Paragraph (19) of section 3401(a) of such Code is amended by striking ``or 132'' and inserting ``, 132, or 137''. (c) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(4) Special rule for medical incentives accounts.--An individual for whose benefit a medical incentives account (within the meaning of section 137(c)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a medical incentives account by reason of the application of section 137(e)(2)(A) to such account.'', and (2) by inserting ``or a medical incentives account described in section 137(c)'' in subsection (e)(1) after ``described in section 408(a)''. (d) Failure To Provide Reports on Medical Incentives Accounts.-- Section 6693 of such Code (relating to failure to provide reports on individual retirement account or annuities) is amended-- (1) by inserting ``or on medical incentives accounts'' after ``annuities'' in the heading of such section, and (2) by adding at the end of subsection (a) the following: ``The person required by section 137(g) to file a report regarding a medical incentives account at the time and in the manner required by such section shall pay a penalty of $50 for each failure unless it is shown that such failure is due to reasonable cause.'' (e) Clerical Amendments.-- (1) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following: ``Sec. 137. Medical incentives accounts. ``Sec. 138. Cross references to other Acts.'' (2) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting ``or on medical incentives accounts'' after ``annuities'' in the item relating to section 6693. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the close of the calendar year which includes the date of the enactment of this Act.

Amends the Internal Revenue Code to exclude from the gross income of an employee amounts contributed by an employer to a medical incentives account.

To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for amounts contributed by an employer to medical incentives accounts of employees.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Efficient Use of Government Spectrum Act of 2013''. SEC. 2. REALLOCATION AND AUCTION OF 1755-1780 MHZ BAND. (a) In General.--Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than 3 years after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96), the Commission shall-- (1) reallocate the electromagnetic spectrum described in subsection (d) for commercial use; and (2) as part of the system of competitive bidding required by section 6401(b)(1)(B) of such Act (47 U.S.C. 1451(b)(1)(B)), grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between the frequencies from 2155 megahertz to 2180 megahertz, inclusive. (b) Auction Proceeds.--For purposes of depositing the proceeds from the competitive bidding described in subsection (a)(2) that are attributable to the electromagnetic spectrum described in subsection (d), such spectrum shall be treated as spectrum that is required to be auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1451(b)(1)(B)). (c) Relocation of and Sharing by Federal Government Stations.-- (1) Relocation prioritized over sharing.-- (A) In general.--Except as provided in paragraph (2), all Federal Government stations in the electromagnetic spectrum described in subsection (d) shall be relocated to other frequencies under the procedures implemented pursuant to section 113(g)(6) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(6)). Such relocation procedures shall ensure maximum cooperation and coordination between the affected Federal and commercial entities. (B) Department of defense stations.--Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 768) shall apply to the relocation of stations operated by the Department of Defense in the electromagnetic spectrum described in subsection (d). (2) Sharing where relocation not possible.-- (A) Identification of stations.--If a Federal entity that operates a Federal Government station in the electromagnetic spectrum described in subsection (d) determines, based on an operational impact assessment, that such station cannot be relocated from such spectrum without jeopardizing essential military capability, such entity shall identify such station in the transition plan of such entity required, by section 113(h)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)(1)), to be submitted not later than 240 days before the commencement of the competitive bidding described in subsection (a)(2). (B) Required elements of transition plan.--Each transition plan in which a station is identified pursuant to subparagraph (A) shall provide for non- Federal users to share with such station the electromagnetic spectrum described in subsection (d). Where exclusion zones are necessary to avoid jeopardizing essential military capability, such plan shall provide for the smallest possible zones necessary for such purpose. (3) Withdrawal or modification of assignments.-- (A) Withdrawal.--Upon relocation of a Federal Government station pursuant to paragraph (1), the President shall withdraw the assignment to such station of the electromagnetic spectrum described in subsection (d). (B) Modification.--For each Federal Government station identified in a transition plan pursuant to paragraph (2)(A), the President shall modify the assignment to such station of the electromagnetic spectrum described in subsection (d) to permit shared Federal and non-Federal use. (d) Spectrum Described.--The electromagnetic spectrum described in this subsection is the spectrum between the frequencies from 1755 megahertz to 1780 megahertz, inclusive. (e) Commission Defined.--In this section, the term ``Commission'' means the Federal Communications Commission.

Efficient Use of Government Spectrum Act of 2013 - Directs the Federal Communications Commission (FCC), within three years after enactment of the Middle Class Tax Relief and Job Creation Act of 2012, to: (1) reallocate electromagnetic spectrum between the frequencies from 1755 to 1780 megahertz (currently, such frequencies are occupied by the Department of Defense [DOD] and other federal agencies); and (2) as part of the competitive bidding auctions required by such Act, grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between frequencies from 2155 to 2180 megahertz already designated for auction. Directs the proceeds attributable to the competitive bidding of the 1755 to 1780 megahertz range to be allocated in the same manner as other specified frequencies pursuant to such Act for uses including reimbursements to agencies for relocation and sharing costs, the building of the nationwide public safety broadband network, and deposits or reimbursements to the U.S. Treasury. Requires such spectrum to be relocated in a manner to ensure cooperation between federal and commercial entities under procedures in the National Telecommunications and Information Administration Organization Act, except for DOD-operated spectrum, which shall be relocated under the National Defense Authorization Act for Fiscal Year 2000. Directs federal entities operating a federal government station, within a specified period before commencement of competitive bidding, to identify stations that cannot be relocated without jeopardizing essential military capability. Requires the transition plans of federal entities identifying such essential spectrum to: (1) provide for non-federal users to share such stations, and (2) limit any necessary exclusion zones to the smallest possible zones. Directs the President to withdraw assignments upon relocation or to modify assignments to permit federal and non-federal use.

Efficient Use of Government Spectrum Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nevada Mining Townsite Conveyance Act of 2012''. SEC. 2. DISPOSAL OF PUBLIC LANDS IN MINING TOWNSITES, ESMERALDA AND NYE COUNTIES, NEVADA. (a) Findings.--Congress finds the following: (1) The Federal Government owns real property in and around historic mining townsites in the counties of Esmeralda and Nye in the State of Nevada. (2) While the real property is under the jurisdiction of the Secretary of the Interior, acting through the Bureau of Land Management, some of the real property land has been occupied for decades by persons who took possession by purchase or other documented and putatively legal transactions, but whose continued occupation of the real property constitutes a ``trespass'' upon the title held by the Federal Government. (3) As a result of the confused and conflicting ownership claims, the real property is difficult to manage under multiple use policies and creates a continuing source of friction and unease between the Federal Government and local residents. (4) Much of the real property is appropriate for disposal for the purpose of promoting administrative efficiency and effectiveness, and the Bureau of Land Management has already identified certain parcels of the real property for disposal. (5) Some of the real property contains historic and cultural values that must be protected. (6) To promote responsible resource management of the real property, certain parcels should be conveyed to the county in which the property is situated in accordance with land use management plans of the Bureau of Land Management so that the county can, among other things, dispose of the property to persons residing on or otherwise occupying the property. (b) Mining Townsite Defined.--In this section, the term ``mining townsite'' means real property in the counties of Esmeralda and Nye, Nevada, that is owned by the Federal Government, but upon which improvements were constructed because of a mining operation on or near the property and based upon the belief that-- (1) the property had been or would be acquired from the Federal Government by the entity that operated the mine; or (2) the person who made the improvement had a valid claim for acquiring the property from the Federal Government. (c) Conveyance Authority.-- (1) In general.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary of the Interior, acting through the Bureau of Land Management, shall convey, without consideration, all right, title, and interest of the United States in and to mining townsites (including improvements thereon) identified for conveyance on the maps entitled ``Original Mining Townsite Gold Point, Nevada, Land Disposal Map'' and ``Original Mining Townsite Ione, Nevada, Land Disposal Map'', dated ______. (2) Availability of maps.--The maps referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Secretary of the Interior, including the office of the Bureau of Land Management located in the State of Nevada. (d) Recipients.-- (1) Original recipient.--Subject to paragraph (2), the conveyance of a mining townsite under subsection (c) shall be made to the county in which the mining townsite is situated. (2) Reconveyance to occupants.--In the case of a mining townsite conveyed under subsection (c) for which a valid interest is proven by one or more persons, under the provisions of Nevada Revised Statutes Chapter 244, the county that received the mining townsite under paragraph (1) shall reconvey the property to that person or persons by appropriate deed or other legal conveyance as provided in that State law. For purposes of proving a valid interest, the person making the claim must have occupied the mining townsite for at least 15 years immediately before the date of the enactment of this Act. The county is not required to recognize a claim under this paragraph submitted more than 10 years after the date of the enactment of this Act. (e) Protection of Historic and Cultural Resources.--As a condition on the conveyance or reconveyance of a mining townsite under subsection (c) or (d)(2), all historic and cultural resources (including improvements) on the mining townsite shall be preserved and protected in accordance with applicable Federal and State law. (f) Valid Existing Rights.--The conveyance of a mining townsite under this section shall be subject to valid existing rights, including any easement or other right-of-way or lease in existence as of the date of the conveyance. All valid existing rights and interests of mining claimants shall be maintained, unless those rights or interests are deemed abandoned and void or null and void under-- (1) section 2320 of the Revised Statutes (30 U.S.C. 23); (2) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (3) section 10104 of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 30 U.S.C. 28i), including regulations promulgated under section 3833.1 of title 43, Code of Federal Regulations or any successor regulation. (g) Survey.--A mining townsite to be conveyed by the United States under this section shall be sufficiently surveyed to legally describe the land for patent conveyance. (h) Release.--On completion of the conveyance of a mining townsite under subsection (c), the United States shall be relieved from liability for, and shall be held harmless from, any and all claims arising from the presence of improvements and materials on the conveyed property. (i) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of the Interior such amounts as may be necessary to carry out the conveyances required by this section, including funds to cover the costs of cadastral and mineral surveys, mineral potential reports, hazardous materials, biological, cultural and archeological clearances, validity examinations and other expenses incidental to the conveyances.

Nevada Mining Townsite Conveyance Act of 2012 - Directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to convey, to the counties in which they are situated, all interest of the United States in certain mining townsites in Esmeralda and Nye Counties, Nevada. Requires a county receiving a site to reconvey the property to anyone with a valid interest in the site. Requires, for purposes of proving a valid interest, that anyone making the claim must have occupied the site for a least 15 years immediately before enactment. Prohibits a county from recognizing a claim submitted more than 10 years after enactment. Requires the preservation and protection of all historic and cultural resources on conveyed or reconveyed sites.

To provide for the conveyance of certain public lands under the jurisdiction of the Bureau of Land Management in and around historic mining townsites in Nevada, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island National Monument Ratification Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) In August 1776, the fortifications at Governors Island, New York, provided cover allowing George Washington's Continental Army to escape a British onslaught during the Battle of Long Island. (2) The State of New York, for nominal consideration, ceded control of Governors Island to the Federal Government in 1800 to provide for the defense of the United States. (3) Between 1800 and 1811, Castle Williams and Fort Jay were constructed on Governors Island to anchor the defense of New York Harbor. (4) During the War of 1812, the combined firepower of Castle Williams and Fort Jay and the Southwest Battery in Manhattan dissuaded the British from making a direct attack on New York City, which was the largest city in and principal seaport of the United States at the time. (5) Governors Island, including Castle Williams and Fort Jay, played a significant role in the Civil War, World War I, and World War II, and continued to serve the United States Army through 1966, and thereafter the United States Coast Guard until 1997. (6) Castle Williams is named after Lieutenant Colonel Jonathan Williams, who built the semicircular ``cheesebox'' fort and later served as the first superintendent of the Military Academy at West Point. (7) The pentagonal Fort Jay, named after John Jay, is the complement of Fort Wood on nearby Liberty Island, which serves as the base of the Statue of Liberty. (8) In Presidential Proclamation No. 7402 of January 19, 2001, former President Clinton established the Governors Island National Monument, consisting of Castle Williams and Fort Jay and certain additional lands, as depicted on the map entitled ``Governors Island National Monument'' attached to the proclamation. (9) The Department of Justice has issued an opinion that notwithstanding the Presidential Proclamation, the National Monument could be sold and cease to exist if the rest of Governors Island is conveyed to a party other than the United States pursuant to the Balanced Budget Act of 1997. (10) More than 200 years of contributions to the history of the United States, and the important educational and cultural opportunities that Castle Williams and Fort Jay represent, could be lost if the National Monument ceased to exist. (b) Purposes.--The purposes of this Act are-- (1) to prevent the deterioration of the historic military buildings on Governors Island in New York Harbor; (2) to ensure that Castle Williams and Fort Jay are-- (A) retained in Federal ownership; (B) available for the benefit and inspiration of the people of the United States; and (C) afforded protection by the National Park Service as a unit of the National Park System; and (3) to provide the general public with-- (A) access to Governors Island; (B) access to open park space to experience the majestic views of New York Harbor; and (C) opportunities that illustrate the significant contributions of Governors Island to the history of the United States. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Island.--The term ``island'' means Governors Island, New York. (3) Management entity.--The term ``management entity'' means any person, group, entity, corporation, State or local unit of government, or other organization to whom the Administrator sells or transfers portions of Governors Island excluding the Governors Island National Monument. (4) Management plan.--The term ``management plan'' means the management plan required by section 4(d). (5) Monument.--The term ``Monument'' means the Governors Island National Monument established by Presidential Proclamation No. 7402 of January 19, 2001 (66 Fed. Reg. 7855), including the building, land, and dock described on the map in section 4(b). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT. (a) Ratification; Transfer of Administrative Jurisdiction and Management.--Notwithstanding section 9101 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670) or any other provision of law-- (1) the establishment of the Governors Island National Monument by Presidential Proclamation No. 7402 of January 19, 2001 (66 Fed. Reg. 7855), is hereby ratified and the Monument shall not be subject to sale under such section 9101 or otherwise; and (2) not later than 180 days after the date of the enactment of this Act, the Administrator shall transfer to the Secretary, for no consideration, administrative jurisdiction over, and management of, the Monument. (b) Inclusion of Building, Land, and Dock in Boundary.--The boundary of the Governors Island National Monument established by Presidential Proclamation 7402 shall include Building 140, its land, and Dock 102 as depicted on the map entitled ``Governors Island National Monument Boundary Map'', numbered 019/80,001, and dated August 20, 2001. The map shall be on file and available for inspection in the appropriate offices of the National Park Service, Department of the Interior. (c) Administration.-- (1) In general.--The Monument shall be administered by the Secretary in accordance with-- (A) this Act; and (B) laws generally applicable to units of the National Park System, including-- (i) the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (16 U.S.C. 1 et seq.); and (ii) the Act entitled ``An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.). (2) Cooperative agreements.--The Secretary may consult, and enter into cooperative agreements, with the Administrator or any management entity to provide for the preservation, development, interpretation, and use of, and access to, the Monument. (3) Interpretive services.--Subject to an agreement with the Administrator or any management entity, the Secretary may provide interpretive services and signage in the Governors Island National Historic Landmark District. (d) Management Plan.-- (1) In general.--Not later than January 19, 2004, the Secretary shall prepare a complete management plan for the Monument in consultation with appropriate public and private entities. (2) Applicable law.--The Secretary shall prepare the management plan in accordance with applicable laws, including section 12(b) of the Act entitled ``An Act to improve the administration of the National Park System by the Secretary of the Interior, and to clarify the authorities applicable to the system, and for other purposes'', approved August 18, 1970 (16 U.S.C. 1a-7(b)). (3) Submission.--On completion of the management plan, the Secretary shall submit a copy of the management plan to-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (e) Reservations of Rights of Access and Use.--As a condition of the Administrator's conveyance of portions of the island to any management entity, the Administrator shall reserve rights of access and use as follows: (1) For the Secretary to the Monument for the preservation, maintenance, and public enjoyment of the Monument. (2) For the Secretary of Transportation for the operation and maintenance of aids to navigation located on the island. (3) For the Secretary to and for use of utilities related to the Monument in accordance with the public service law of the State of New York. (4) For the Secretary to and for sole use of Dock 102 as depicted on the map described in section 4

Governors Island National Monument Ratification Act - Ratifies the establishment of the Governors Island National Monument. Declares that the Monument shall not be subject to sale. Directs the Administrator of General Services to transfer to the Secretary of the Interior administrative jurisdiction over and management of the Monument.States that the boundary of the Monument shall include Building 140, its land, and Dock 102. Requires the Monument to be administered by the Secretary in accordance with this Act and with the laws generally applicable to units of the National Park System.Authorizes the Secretary to: (1) consult and enter into cooperative agreements with the Administrator or any management entity to provide for the preservation, development, interpretation, use of, and access to the Monument; and (2) provide, subject to an agreement with the Administrator or any management entity, interpretive services and signage in the Governors Island National Historic Landmark District.Directs the Secretary to prepare a complete management plan for the Monument by January 19, 2004, with specified reservations of rights of access and use.

To ratify the Governors Island National Monument and the boundaries thereof, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medgar Wiley Evers Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) An integral part of the fight for racial equality, Medgar Wiley Evers, was born July 2, 1925, in Decatur, Mississippi, to James and Jessie Evers. (2) Faithfully serving his country, Medgar Evers willingly left high school to join the Army at the start of World War II. (3) After the conclusion of the war, Mr. Evers returned home to Mississippi, completed high school, enrolled in Alcorn Agricultural and Mechanical College (presently known as Alcorn State University) and earned a Bachelor of Arts degree in Business Administration. (4) While at Alcorn State University, Medgar Evers met and married fellow Alcorn student, Myrlie Beasley, of Vicksburg, Mississippi. (5) Upon graduation, Myrlie and Medgar Evers moved to Mound Bayou, Mississippi, where Medgar held a job with Magnolia Mutual Life Insurance Company, and began establishing local chapters of the National Association for the Advancement of Colored People (``NAACP'') throughout the Mississippi Delta. (6) Having been so moved by the immense suffering of African-Americans in Mississippi, Medgar Evers felt compelled to fight to change the circumstances and challenges facing them and, in 1954, Medgar Evers became the first known African- American to apply to the University of Mississippi School of Law. Mr. Evers was denied enrollment. (7) In 1954, Medgar Evers became the first Field Secretary for the Mississippi chapter of the NAACP. (8) In the capacities of his new position Medgar Evers hosted numerous voter registration efforts in Mississippi and, as a result of these activities, received numerous threats against his life. (9) Despite these threats, Mr. Evers carried on his work with dedication and courage, organizing rallies, building membership within the NAACP, and traveling around the country educating the public on the fight for Civil Rights. (10) Medgar and Myrlie Evers' passion for quality education for all children led them to file suit against the Jackson, Mississippi, public school system gaining him attention with the national media as a leader of the Civil Rights Movement in Mississippi. (11) As a result of his continued and ongoing efforts-- rallies, sit-ins, and protests--to stand up for the rights of African-Americans in Mississippi, Mr. Evers was arrested, beaten, and jailed with his due process rights denied. (12) The senseless and abhorrent violence against Mr. Evers reached its pinnacle on June 12, 1963, when he was violently shot in front of his home and died shortly afterwards in a local hospital, mere hours after President John F. Kennedy had made a national televised speech from the Oval Office calling for full racial integration in America. The Civil Rights Act was enacted the following year. (13) As a veteran, Evers was buried with full military honors at Arlington National Cemetery. (14) On June 23, 1963, Byron De La Beckwith, a member of the White Citizens' Council, was arrested for Evers' murder, but juries in 1964, composed solely of White men, twice deadlocked on De La Beckwith's guilt, resulting in mistrials. (15) Following two trials resulting in acquittal, in 1990, Mrs. Evers convinced Mississippi prosecutors to reopen Medgar Evers' murder case, and a new trial led to the conviction and life imprisonment of Medgar Evers' killer in 1994. (16) It is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, to Medgar Wiley Evers, posthumously in honor of his work on behalf of racial equality which tragically led to his assassination, but also was a major catalyst in passage and enactment of the Civil Rights Act in 1964. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Medgar Wiley Evers, in recognition of his contributions and ultimate sacrifice in the fight for racial equality in the United States. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award of Medal.--Following the award of the gold medal in commemoration of Medgar Wiley Evers under subsection (a), the medal shall be given to the Mississippi Civil Rights Museum, where it shall be available for display or temporary loan to be displayed elsewhere, as appropriate. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Medgar Wiley Evers Congressional Gold Medal Act Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the posthumous presentation of a Congressional Gold Medal in commemoration of Medgar Wiley Evers, in recognition of his contributions and sacrifice in the fight for racial equality in the United States. Requires the medal, following its award, to be given to the Mississippi Civil Rights Museum, where it is to be available for display or temporary loan to be displayed elsewhere.

Medgar Wiley Evers Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Verifying Agency Conduct and Needs Through (VACANT) Inspectors General Act''. SEC. 2. APPOINTMENT OF INSPECTOR GENERAL. (a) Establishments.--Section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: ``(a)(1) There shall be at the head of each Office an Inspector General who shall be, except as provided in paragraph (3), appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. ``(2) If there is a vacancy at the head of an Office of Inspector General at any establishment, the head of the establishment shall immediately notify the Council of Inspectors General on Integrity and Efficiency that a vacancy exists and the Council of Inspectors General on Integrity and Efficiency shall immediately declare a vacancy at the head of the Office. Not later than 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency, the President shall appoint an Inspector General for the Office. ``(3) If the President does not nominate an Inspector General at an Office within 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency under paragraph (2), the Speaker of the House of Representatives and the President pro tempore of the Senate shall appoint an Inspector General at that establishment, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, after considering recommendations from-- ``(A) the Committee on Oversight and Government Reform of the House of Representatives; ``(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(C) the Council of Inspectors General on Integrity and Efficiency. ``(4) Each Inspector General shall report to and be under the general supervision of the head of the establishment involved or, to the extent such authority is delegated, the officer next in rank below such head, but shall not report to, or be subject to supervision by, any other officer of such establishment. ``(5) Neither the head of the establishment nor the officer next in rank below such head shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation.''. (b) Designated Federal Entities.--Section 8G(c) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended to read as follows: ``(c)(1) Except as provided under subsection (f) of this section, the Inspector General shall be, except as provided in paragraph (3), appointed by the head of the designated Federal entity in accordance with the applicable laws and regulations governing appointments within the designated Federal entity. Each Inspector General shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. ``(2) If there is a vacancy in the position of Inspector General at any designated Federal entity, the head of the designated Federal entity shall immediately notify the Council of Inspectors General on Integrity and Efficiency that a vacancy exists and the Council of Inspectors General on Integrity and Efficiency shall immediately declare a vacancy in the position of Inspector General at that designated Federal entity. Not later than 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency, the head of the designated Federal entity shall appoint an Inspector General at the designated Federal entity. ``(3) If the head of a designated Federal entity does not appoint an Inspector General at the designated Federal entity within 210 days after the declaration of a vacancy by the Council of Inspectors General on Integrity and Efficiency under paragraph (2), the Speaker of the House of Representatives and the President pro tempore of the Senate shall appoint an Inspector General at that designated Federal entity, without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, after considering recommendations from-- ``(A) the Committee on Oversight and Government Reform of the House of Representatives; ``(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(C) the Council of Inspectors General on Integrity and Efficiency. ``(4) For purposes of implementing this section, the Chairman of the Board of Governors of the Federal Reserve System shall appoint the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall have all of the authorities and responsibilities provided by this Act with respect to the Bureau of Consumer Financial Protection, as if the Bureau were part of the Board of Governors of the Federal Reserve System.''. (c) Definition of Vacancy.--Section 12 of the Inspector General Act (5 U.S.C. App.) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) the term `vacancy in the position of Inspector General' means a vacancy due to-- ``(A) the death of an Inspector General; ``(B) the removal of an Inspector General; ``(C) the resignation of an Inspector General; or ``(D) the inability of an Inspector General to otherwise perform the functions and duties of the position of Inspector General.''. SEC. 3. AUTHORITY OF INSPECTOR GENERAL. Section 6(e) of the Inspector General Act (5 U.S.C. App.) is amended-- (1) in paragraph (1), by striking ``(1) In addition'' and inserting ``(1)(A) Except as provided in subparagraph (B), in addition''; (2) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively; and (3) by adding at the end the following: ``(B) Clauses (ii) and (iii) do not apply to-- ``(i) an Inspector General appointed under section 3(a)(3) or section 8G(c)(3); ``(ii) any Assistant Inspector General for Investigations under an Inspector General appointed under section 3(a)(3) or section 8G(c)(3); or ``(iii) any special agent supervised by an Assistant Inspector General for Investigations under an Inspector General appointed under section 3(a)(3) or section 8G(c)(3).''. SEC. 4. DECLARATION OF INSPECTOR GENERAL VACANCIES. (a) In General.--Not later than 30 days after the date of enactment of this Act, in accordance with sections 3(a) and 8G(c) of the Inspector General Act of 1978 (5 U.S.C. App.), as amended by this Act, the Council of Inspectors General on Integrity and Efficiency shall declare all vacancies in the position of Inspector General at any establishment or designated Federal entity. (b) Definition.--The term ``vacancy in the position of Inspector General'' has the meaning given the term in section 12(6) of the Inspector General Act of 1978 (5 U.S.C. App.), as added by this Act. SEC. 5. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Verifying Agency Conduct and Needs Through (VACANT) Inspectors General Act - Amends the Inspector General Act of 1978 to: (1) require the President to fill a vacancy at the head of an Office of Inspector General at any agency or department defined as an establishment by such Act within 210 days after the declaration of such vacancy by the Council of Inspectors General on Integrity and Efficiency; and (2) require the Speaker of the House of Representatives and the President pro tempore of the Senate, after considering recommendations from the Committee on Oversight and Government Reform of the House, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Council, to appoint an Inspector General to fill a vacancy the President fails to fill within such 210-day period. Establishes a similar procedure for filling a vacant Inspector General position at any agency defined as a designated agency by such Act.

Verifying Agency Conduct and Needs Through (VACANT) Inspectors General Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Amtrak Investment Act of 1994''. SEC. 2. FINDINGS. The Congress finds that-- (1) intercity rail passenger service is an essential component of the integrated national transportation system; however, to achieve its full potential the National Railroad Passenger Corporation (Amtrak) must provide a quality transportation product in the form of clean, comfortable, and on-time service; (2) Amtrak's management and employees are dedicated to providing the high quality service that Amtrak's customers deserve; however, additional capital investment is needed to acquire the modern equipment and efficient facilities that are essential to satisfy the demand for superior intercity rail passenger service; (3) significant levels of Federal capital investment will enable Amtrak to provide the world class service American rail passengers deserve, and will reduce operating costs in the long term; (4) Amtrak's management should be held accountable to ensure that all capital investment by the Federal Government is effectively used to improve the quality of service and the long-term financial health of Amtrak; (5) the Secretary of Transportation, as an ex officio member of Amtrak's board of directors, should use this position to evaluate Amtrak's costs and revenue elements to ensure that Amtrak provides excellent service to its customers and that Amtrak uses its Federal investment wisely and efficiently; (6) States can play a significant role in providing cost- efficient intercity rail passenger transportation and in addressing local transportation needs and air quality control; and (7) the freight railroads represent a critical part of the Nation's transportation infrastructure, which should help to provide expeditious and cost-effective delivery of passenger trains. SEC. 3. WORLD CLASS SERVICE. Section 24101(c) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(12) manage capital investment in such a way as to provide its customers with world class service.''. SEC. 4. RETURN ON INVESTMENT. Section 24315(b)(1) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following: ``(C) shall include projections of the anticipated benefits of the projects proposed for funding under this part and a report on the benefits actually realized from all projects previously funded under this part, or legislation on which this part is based, beginning with funds provided in fiscal year 1994. Such report shall include an identification of improvements in the quality of service offered by Amtrak, facility improvements that demonstrate a productivity gain, equipment improvements that lower operating costs, environmental benefits (including air quality and land use), enhancements to local transportation needs, enhancements to mobility of physically and economically disadvantaged persons, an improvement to the revenue-to-cost ratio, reduced dependence on Federal operating support, and reductions in the need for alternative transportation investments. To the extent practicable, the benefits addressed in each report shall also be expressed as return on invested capital.''. SEC. 5. STATE REQUESTED RAIL PASSENGER TRANSPORTATION. (a) State/Federal Formula.--(1) Section 24704 of title 49, United States Code, is amended-- (A) in subsection (a)(1)(C)-- (i) by striking ``short term'' both places it appears and inserting in lieu thereof ``long-term''; and (ii) by striking ``65 percent'' and inserting in lieu thereof ``55 percent''; (B) in subsection (b)-- (i) by adding at the end of paragraph (2) the following new sentence: ``Any such renewal shall require the State, agency, or person to provide a statement that such State, agency, or person agrees to pay in each year of operation, beginning with the first year of operation of service under such renewed agreement, at least 55 percent of the long-term avoidable losses of operating such service and at least 50 percent of the associated capital costs.''; and (ii) by inserting at the end the following new paragraph: ``(3) Amtrak is authorized to contribute in each year of operation of any service instituted or retained pursuant to this section no more than-- ``(A) 55 percent in the first year of such operation; and ``(B) 45 percent in each year of operation thereafter, of the long-term avoidable losses of operating such service and no more than 50 percent of the associated capital costs.''. (2) The amendments made by paragraph (1) shall only apply with respect to fiscal year 1996 and subsequent fiscal years. (b) Review of Program.--Within 2 years after the date of enactment of this Act, the Secretary of Transportation shall conduct a comprehensive review of the program of State-assisted rail passenger services operated by Amtrak under section 24704 of title 49, United States Code, and shall submit a report to the Congress detailing the Secretary's findings and conclusions, including any recommendations the Secretary may have for revising such section 24704. The Secretary's report shall address, among other things, whether and at what point services originated under section 24704 should become a part of the basic system of intercity rail passenger transportation and shall identify any other avenues for initiating and implementing new rail passenger transportation. SEC. 6. NORTHEAST CORRIDOR IMPROVEMENT PROGRAM. (a) Capital Improvements.--(1) Section 24902(h) of title 49, United States Code, is amended-- (A) by inserting ``(1)'' before ``If practicable''; and (B) by adding at the end the following new paragraph: ``(2) Amtrak shall make capital improvements for the Northeast Corridor improvement program under this chapter as necessary to operate reliable, high-speed rail passenger service, to enhance capacity for intercity and commuter passenger transportation, and as otherwise may be necessary to ensure continued reliable high-speed service. Amtrak shall also acquire train equipment to be used on the Northeast Corridor, mitigate environmental impacts related to the Northeast Corridor improvement program, and provide adequate parking at and improve Northeast Corridor rail stations.''. (2) Section 24909 of title 49, United States Code, is amended-- (A) by striking subsection (e); and (B) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (b) Boston-New Haven Electrification Project.--(1) Section 24902(f) of title 49, United States Code, is amended-- (A) by inserting ``(1)'' before ``Improvements under''; and (B) by adding at the end the following new paragraph: ``(2) Amtrak shall design and construct the electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Wherever practicable, Amtrak shall use portal structures and realign existing tracks on undergrade and overgrade bridges to minimize the width of the right-of-way required to add the third track. Amtrak shall take such other steps as may be required to coordinate and facilitate design and construction work.''. (2) Amtrak shall, not later than 6 months after the date of enactment of this Act, transmit to the Congress a report detailing its electrification design between Davisville and Central Falls, Rhode Island, and describing efforts to comply with section 24902(f)(2) of title 49, United States Code. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 24104 of title 49, United States Code, is amended-- (1) in subsection (a)(1), by inserting ``and not more than $332,000,000 for fiscal year 1995 and $335,000,000 for fiscal year 1996 may be appropriated to the Secretary,'' after ``September 30, 1994,''; (2) in subsection (a)(2), by adding at the end the following new subparagraphs: ``(C) $250,000,000 for fiscal year 1995. ``(D) $250,000,000 for fiscal year 1996.''; (3) in subsection (b)(1), by inserting ``Not more than $373,000,000 for fiscal year 1995 and $373,000,000 for fiscal year 1996 may be appropriated to the Secretary for the benefit of Amtrak for operating expenses.'' after ``for operating expenses.''; (4) in subsection (b)(2)(A), by adding at the end the following new clauses: ``(iii) $17,000,000 for fiscal year 1995. ``(iv) $17,000,000 for fiscal year 1996.''; (5) in subsection (c)(1)-- (A) by striking ``and'' after ``September 30, 1993,''; and (B) by inserting ``$156,000,000 for fiscal year 1995, and $165,000,000 for fiscal year 1996,'' after ``September 30, 1994,''; and (6) by amending subsection (d) to read as follows: ``(d) Administration of Appropriations.--Notwithstanding section 6304 of title 31, United States Code, funds appropriated pursuant to this section shall be provided to Amtrak upon appropriation when requested by Amtrak.''. SEC. 8. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT. (a) Amendment.--Chapter 243 of title 49, United States Code, is amended by adding at the end the following new section: ``SEC. 24316. CAPITAL AND EQUIPMENT ACQUISITION ACCOUNT. ``(a) Establishment.--Amtrak shall establish a Capital and Equipment Acquisition Account. Amounts in this account shall be used by Amtrak to-- ``(1) acquire passenger equipment and locomotives; ``(2) encourage State and local investment in facilities and equipment used to provide intercity rail passenger transportation; and ``(3) address other critical capital priorities. ``(b) Deposits.--Amtrak may deposit into the Capital and Equipment Acquisition Account-- ``(1) payments received for the use of its equipment or facilities; ``(2) claims recovered by Amtrak; and ``(3) amounts from any other source to the extent authorized by Federal law.''. (b) Table of Sections Amendment.--The table of sections for chapter 243 of title 49, United States Code, is amended by adding at the end the following new item: ``24316. Capital and equipment acquisition account.''. SEC. 9. ON-TIME PERFORMANCE. (a) Comparison.--The Secretary of Transportation shall conduct a direct comparison of the on-time performance of Amtrak compared to other modes of commercial passenger transportation, using consistent methodologies. (b) Report to Congress.--The Secretary of Transportation shall, not later than 1 year after the date of enactment of this Act, transmit to the Congress a report on the results of the comparison required by subsection (a), along with an explanation of the differences found in on-time performance between modes of transportation, including consideration of the age and condition of equipment and any other differences among the modes that affect the ability to achieve on-time service. SEC. 10. COOPERATION WITH STUDY. Amtrak shall cooperate with the efforts of the Virginia State Department of Transportation in designing and carrying out a study on the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia. SEC. 11. BURBANK-GLENDALE-PASADENA, CALIFORNIA, STATION FACILITIES. Amtrak shall develop a plan for new station facilities at the Burbank-Glendale-Pasadena Airport to accommodate the intercity rail passenger requirements of Amtrak, along with the needs of the commuter rail services serving the Burbank-Glendale-Pasadena metropolitan area. In developing the plan, Amtrak shall consider use of a facility at the airport as a primary facility for handling intercity and commuter passengers, shall evaluate sources of State, local, and private funding for the new station facilities, and shall propose the allocation of space and costs in the new facilities among all transportation services using the facilities. The plan shall be predicated upon completing the project with State, local, and private funding, and without Federal funds appropriated for Amtrak. Amtrak shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate containing such plan no later than April 1, 1995. SEC. 12. CITY OF ONTARIO, CALIFORNIA, STATION FACILITIES. Amtrak shall develop a plan for new or redeveloped station facilities in the City of Ontario, California, to accommodate the intercity rail passenger requirements of Amtrak, along with the needs of the commuter rail services servicing the City of Ontario. In developing the plan, Amtrak shall consider use of a facility at the Ontario International Airport as the primary facility for handling intercity passengers, shall evaluate sources of State, local, and private funding for the new or redeveloped station facilities, and shall propose the allocation of space and costs in the new facilities among all transportation services using the facilities. The plan shall be predicated upon completing the project with State, local, and private funding, and without Federal funds appropriated for Amtrak. Amtrak shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate containing such plan no later than April 1, 1995. SEC. 13. LAND CONVEYANCE. (a) Validation and Confirmation.--The conveyance described in subsection (b)(1) involving certain real property in Tulare County, California, forming a part of the right-of-way granted by the United States to the Southern Pacific Railroad under the Act entitled ``An Act granting Lands to aid in the Construction of a Railroad and Telegraph Line from the States of Missouri and Arkansas to the Pacific Coast'', approved July 27, 1866 (14 Stat. 292), is legalized, validated, and confirmed in the Redevelopment Agency of the city of Tulare, the grantee in such conveyance, and their successors in interest, with respect to all interests of the United States in the rights to the real property described in subsection (b)(2). (b) Conveyance and Real Property Described.-- (1) Conveyance.--The conveyance referred to in subsection (a) was made by a Judgment in Condemnation and Final Order of Condemnation of the Superior Court in and for the county of Tulare, State of California in Action No. 150298 entitled ``Redevelopment Agency of the City of Tulare v. Southern Pacific Transportation Company'' filed and entered March 10, 1992, by the Southern Pacific Transportation Company to the Redevelopment Agency of the city of Tulare. (2) Real property described.--The real property referred to in subsection (a) is a parcel of land in the northwest quarter of section 11, township 20 south, range 24 east, Mount Diablo Base and meridian in the city of Tulare, county of Tulare, State of California, more particularly described as follows: Commencing at the intersection of the centerlines of Tulare Avenue and ``J'' Street; Thence north 10 degrees 20 minutes 00 seconds west 208.54 feet along the centerline of ``J'' Street; Thence south 79 degrees 39 minutes 36 seconds west 40.00 feet to the westerly right-of-way line of ``J'' Street and the True Point of Beginning; Thence south 10 degrees 20 minutes 00 seconds east 148.54 feet along said westerly right-of-way line to the beginning of a tangent curve concave to the northwest having a radius of 20.00 feet, a radial line through which bears north 79 degrees 40 minutes 00 seconds east; Thence south, southwesterly and westerly along said curve and right-of-way line through a central angle of 89 degrees 59 minutes 36 seconds to the northerly right-of-way line of Tulare Avenue; Thence south 79 degrees 39 minutes 36 seconds west 159.89 feet along last said right-of-way line; Thence leaving said right-of-way line north 10 degrees 20 minutes 00 seconds west 168.54 feet parallel with the centerline of ``J'' Street; Thence north 79 degrees 39 minutes 36 seconds east 179.88 feet to the Point of Beginning. Containing 0.69 acres. SEC. 14. RESIDENCE OF EMPLOYEES. The amendments made by section 7 of the Amtrak Reauthorization and Improvement Act of 1990 shall apply to all periods before and after the date of their enactment.

Amtrak Investment Act of 1994 - Amends Federal transportation law to make it a goal of the National Railroad Passenger Corporation (AMTRAK) to manage its capital investment in such a way as to provide its customers with world class service. (Sec. 4) Requires AMTRAK to include in its annual report on its operations to the President and the Congress projections of anticipated and realized benefits of proposed and previously funded projects. (Sec. 5) Requires applications by a State, agency, or person requesting AMTRAK to provide rail passenger transportation, or to keep a train, route, or service that AMTRAK intends to discontinue, to commit it to provide at least 65 percent of the long-term loss (currently, short-term loss) of providing such transportation in the first year, and at least 55 percent of such loss in each succeeding year. Requires a State, agency, or person, with respect to the renewal of such service, to state that it agrees to pay at least 55 percent of the long-term avoidable losses of operating such service and at least 50 percent of the associated capital costs. Authorizes AMTRAK for each year of operation to contribute no more than 55 percent of the long-term avoidable losses in the first year of operation, and no more than 45 percent in each succeeding year. Directs the Secretary of Transportation (Secretary) to review AMTRAK's State-assisted rail passenger services program and report the results, including recommendations for revising such program, to the Congress. (Sec. 6) Directs AMTRAK to make capital improvements for the Northeast Corridor improvement project necessary for reliable, high- speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. Requires AMTRAK to construct an electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and Central Falls, Rhode Island, to be used for double-stack freight service to and from the Port of Davisville. Requires AMTRAK to report to the Congress on its electrification design between Davisville and Central Falls, Rhode Island. (Sec. 7) Authorizes appropriations for: (1) capital acquisition and corridor development; (2) AMTRAK operating expenses; (3) AMTRAK operating losses; and (4) certain mandatory payments. (Sec. 8) Directs AMTRAK to establish a Capital and Equipment Acquisition Account. (Sec. 9) Directs the Secretary to report to the Congress on the on-time performance of AMTRAK as compared to other modes of commercial transportation. (Sec. 10) Requires AMTRAK to cooperate with the Virginia State Department of Transportation on a study of the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia. (Sec. 11) Requires AMTRAK to develop plans for new station facilities at the Burbank-Glendale-Pasadena Airport and in Ontario, California. (Sec. 13) Confirms the conveyance of U.S. interests in certain real property to Tulare County, California.

Amtrak Investment Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Unsafe Meat and Poultry Recall Act''. SEC. 2. RECALL AUTHORITY OVER MEAT AND MEAT FOOD PRODUCTS. (a) Mandatory Recalls Authorized.--The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended-- (1) by redesignating section 411 (21 U.S.C. 681) as section 412; and (2) by inserting after section 410 (21 U.S.C. 679a) the following new section: ``SEC. 411. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, MISBRANDED, AND OTHER UNSAFE MEAT PRODUCTS. ``(a) Meat Product Defined.--In this section, the term `meat product' means a carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, goats, horses, mules, or other equines covered by this Act. ``(b) Notification Required.-- ``(1) Notice to secretary.--A person that has reason to believe that a meat product transported, stored, distributed, or otherwise handled by the person is adulterated, misbranded, or otherwise in violation of this Act shall immediately notify the Secretary, in such manner and by such means as the Secretary may by regulation promulgate, of the identity and location of the meat product. ``(2) Exceptions.--The requirement to notify the Secretary under paragraph (1) does not extend to household consumers of meat products and to such other persons as the Secretary may exempt. ``(c) Voluntary Nondistribution and Recall.--If the Secretary finds that a meat product is adulterated, misbranded, or otherwise in violation of this Act and that there is a reasonable probability that human consumption of the meat product may present a threat to public health, the Secretary shall provide all appropriate persons, as determined by the Secretary, that transported, stored, distributed, or otherwise handled the meat product with an opportunity to-- ``(1) cease distribution of the meat product; ``(2) notify all persons transporting, storing, distributing, or otherwise handling the meat product, or to which the meat product has been transported, sold, distributed, or otherwise handled, to immediately cease distribution of the meat product; ``(3) recall the meat product; and ``(4) in consultation with the Secretary, provide notice to consumers to whom the meat product is, or may have been, distributed. ``(d) Mandatory Actions.--If a person refuses to or does not voluntarily take the actions described in subsection (c) with respect to a meat product within the time and in the manner prescribed by the Secretary, the Secretary may, by order, require the person to immediately-- ``(1) cease distribution of the meat product; ``(2) notify all persons transporting, storing, distributing, or otherwise handling the meat product, or to which the meat product has been transported, sold, distributed, or otherwise handled, to immediately cease distribution of the meat product; and ``(3) recall the meat product or take other appropriate action. ``(e) Notice to Consumers.--Whenever the Secretary orders a mandatory action under subsection (d), the Secretary shall also provide notice to consumers to whom the meat product was, or may have been, distributed, to the extent the Secretary considers necessary. ``(f) Nondistribution by Notified Persons.--A person transporting, storing, distributing, or otherwise handling a meat product, or to which a meat product has been transported, sold, distributed, or otherwise handled, that receives notification under subsection (c) or (d) shall immediately cease distribution of the meat product. ``(g) Vacation of Order.--If, after providing an opportunity for a hearing on the record, the Secretary determines that adequate grounds do not exist to continue the mandatory actions required by an order issued under subsection (d), the Secretary shall vacate the order. ``(h) Additional Remedies.--The remedies provided in this section are in addition to any other remedies that may be available.''. (b) Definition of Person.--(1) Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following new subsection: ``(w) Person.--The term `person' means any individual, partnership, corporation, association, or other business unit.''. (2) The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended-- (A) by striking ``person, firm, or corporation'' each place it appears and inserting ``person''; (B) by striking ``persons, firms, and corporations'' each place it appears and inserting ``persons''; and (C) by striking ``persons, firms, or corporations'' each place it appears and inserting ``persons''. SEC. 3. RECALL AUTHORITY OVER POULTRY AND POULTRY FOOD PRODUCTS. (a) Mandatory Recalls Authorized.--The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 31. NOTIFICATION, NONDISTRIBUTION, AND RECALL OF ADULTERATED, MISBRANDED, AND OTHER UNSAFE POULTRY PRODUCTS. ``(a) Notification Required.-- ``(1) Notice to secretary.--A person that has reason to believe that a poultry product transported, stored, distributed, or otherwise handled by the person is adulterated, misbranded, or otherwise in violation of this Act shall immediately notify the Secretary, in such manner and by such means as the Secretary may by regulation promulgate, of the identity and location of the poultry product. ``(2) Exceptions.--The requirement to notify the Secretary under paragraph (1) does not extend to household consumers of poultry products and to such other persons as the Secretary may exempt. ``(b) Voluntary Nondistribution and Recall.--If the Secretary finds that a poultry product is adulterated, misbranded, or otherwise in violation of this Act and that there is a reasonable probability that human consumption of the poultry product may present a threat to public health, the Secretary shall provide all appropriate persons, as determined by the Secretary, that transported, stored, distributed, or otherwise handled the poultry product with an opportunity to-- ``(1) cease distribution of the poultry product; ``(2) notify all persons transporting, storing, distributing, or otherwise handling the poultry product, or to which the poultry product has been transported, sold, distributed, or otherwise handled, to immediately cease distribution of the poultry product; ``(3) recall the poultry product; and ``(4) in consultation with the Secretary, provide notice to consumers to whom the poultry product is, or may have been, distributed. ``(c) Mandatory Actions.--If a person refuses to or does not voluntarily take the actions described in subsection (b) with respect to a poultry product within the time and in the manner prescribed by the Secretary, the Secretary may, by order, require the person to immediately-- ``(1) cease distribution of the poultry product; ``(2) notify all persons transporting, storing, distributing, or otherwise handling the poultry product, or to which the poultry product has been transported, sold, distributed, or otherwise handled, to immediately cease distribution of the poultry product; and ``(3) recall the poultry product or take other appropriate action. ``(d) Notice to Consumers.--Whenever the Secretary orders a mandatory action under subsection (c), the Secretary shall also provide notice to consumers to whom the poultry product was, or may have been, distributed, to the extent the Secretary considers necessary. ``(e) Nondistribution by Notified Persons.--A person transporting, storing, distributing, or otherwise handling a poultry product, or to which a poultry product has been transported, sold, distributed, or otherwise handled, that receives notification under subsection (b) or (c) shall immediately cease distribution of the poultry product. ``(f) Vacation of Order.--If, after providing an opportunity for a hearing on the record, the Secretary determines that adequate grounds do not exist to continue the mandatory actions required by an order issued under subsection (c), the Secretary shall vacate the order. ``(g) Additional Remedies.--The remedies provided in this section are in addition to any other remedies that may be available.''.

Unsafe Meat and Poultry Recall Act - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to: (1) require a person (other than a household consumer or other exempted person) who believes a meat or poultry product he or she transports, stores, or distributes is adulterated or misbranded to notify the Secretary of Agriculture; (2) direct the Secretary, upon a determination of a public health risk from such adulteration or misbranding, to permit the person to voluntarily provide notification, cease distribution, and recall such product; and (3) authorize the Secretary, in the case of noncompliance, to take such actions, as well as providing consumer notification.

To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to authorize the Secretary of Agriculture to order the recall of meat and poultry that is adulterated, misbranded, or otherwise unsafe.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Renewable Energy for Public Power Act of 2007''. SEC. 2. MODIFICATIONS RELATING TO CLEAN RENEWABLE ENERGY BONDS. (a) Clean Renewable Energy Bond.--Paragraph (1) of section 54(d) of the Internal Revenue Code of 1986 (defining clean renewable energy bond) is amended-- (1) in subparagraph (A) by striking ``pursuant'' and all that follows through ``subsection (f)(2)'', (2) in subparagraph (B) by striking ``95 percent or more of the proceeds'' and inserting ``90 percent or more of the net proceeds'', and (3) in subparagraph (D) by striking ``subsection (h)'' and inserting ``subsection (g)''. (b) Qualified Project.--Subparagraph (A) of section 54(d)(2) of such Code (defining qualified project) is amended to read as follows: ``(A) In general.--The term `qualified project' means any qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service requirement) owned by a qualified borrower and also without regard to the following-- ``(i) in the case of a qualified facility described in section 45(d)(9) (regarding incremental hydropower production), any determination of incremental hydropower production and related calculations shall be determined by the qualified borrower based on a methodology that meets Federal Energy Regulatory Commission standards; and ``(ii) in the case of a qualified facility described in section 45(d)(9) (regarding non- hydropower production), the facility need not be licensed by the Federal Energy Regulation Commission if the facility, when constructed, will meet Federal Energy Regulatory Commission licensing requirements and other applicable environmental, licensing, and regulatory requirements.''. (c) Reimbursement.--Subparagraph (C) of section 54(d)(2) of such Code (relating to reimbursement) is amended to read as follows: ``(C) Reimbursement.--For purposes of paragraph (1)(B), proceeds of a clean renewable energy bond may be issued to reimburse a qualified borrower for amounts paid after the date of the enactment of this section in the same manner as proceeds of State and local government obligations the interest upon which is exempt from tax under section 103.''. (d) Change in Use.--Subparagraph (D) of section 54(d)(2) of such Code (relating to treatment of changes in use) is amended by striking ``or qualified issuer''. (e) Maximum Term.--Paragraph (2) of section 54(e) of such Code (relating to maximum term) is amended by striking ``without regard to the requirements of subsection (1)(6) and''. (f) Repeal of Limitation on Amount of Bonds Designated.--Section 54 of such Code is amended by striking subsection (f) (relating to repeal of limitation on amount of bonds designated). (g) Special Rules Relating to Expenditures.--Subsection (h) of section 54 of such Code (relating to special rules relating to expenditures) is amended-- (1) in paragraph (1)(A) by striking ``95 percent of the proceeds'' and inserting ``90 percent of the net proceeds'', (2) in paragraph (1)(B)-- (A) by striking ``10 percent of the proceeds'' and inserting ``5 percent of the net proceeds'', and (B) by striking ``the 6-month period beginning on'' both places it appears and inserting ``1 year of'', and (3) in paragraph (1)(C) by inserting ``net'' before ``proceeds'', (4) in paragraph (3) by striking ``95 percent of the proceeds'' and inserting ``90 percent of the net proceeds''. (h) Repeal of Special Rules Relating to Arbitrage.--Section 54 of such Code is amended by striking subsection (i) (relating to repeal of special rules relating to arbitrage). (i) Public Power Entity.--Subsection (j) of section 54 of such Code (defining Cooperative electric company; qualified energy tax credit bond lender; governmental body; qualified borrower) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraph (5) and (6) and by inserting after paragraph (3) the following new paragraph: ``(4) Public power entity.--The term `public power entity' means a State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of enactment of this paragraph).'', (2) in paragraph (5), as so redesignated, by striking ``or'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, or'', and by adding at the end the following: ``(D) a public power entity.'', and (3) in paragraph (6), as so redesignated, by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following: ``(C) a public power entity.''. (j) Repeal of Ratable Principal Amortization Requirement.-- Subsection (l) of section 54 of such Code (relating to other definitions and special rules) is amended by striking paragraph (5) and redesignating paragraph (6) as paragraph (5). (k) Net Proceeds.--Subsection (i) of section 54 of such Code (relating to other definitions and special rules), as amended by subsection (j), is amended by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (4), (5), (6), and (7), respectively, and by inserting after paragraph (1) the following new paragraphs: ``(2) Net proceeds.--The term `net proceeds' means, with respect to an issue, the proceeds of such issue reduced by amounts in a reasonably required reserve or replacement fund. ``(3) Limitation on amount in reserve or replacement fund which may be financed by issue.--A bond issued as part of an issue shall not be treated as a clean renewable energy bond if the amount of the proceeds from the sale of such issue which is part of any reserve or replacement fund exceeds 10 percent of the proceeds of the issue (or such higher amount which the issuer establishes is necessary to the satisfaction of the Secretary).''. (l) Other Special Rules.--Subsection (i) of section 54 of such Code ((relating to other definitions and special rules), as amended by subsections (j) and (k)) is amended by adding at the end the following new paragraphs: ``(8) Credits may be separated.--There may be a separation (including at issuance) of the ownership of a clean renewable energy bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(9) Treatment for estimated tax purposes.--Solely for the purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified energy tax credit bond on a credit allowance date (or the credit in the case of a separation as provided in paragraph (8)) shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(10) Carryback and carryforward of unused credits.--If the sum of the credit exceeds the limitation imposed by subsection (c) for any taxable year, any credits may be applied in a manner similar to the rules set forth in section 39.''. (m) Termination.--Subsection (m) of section 54 of such Code (relating to termination) is amended by striking ``2008'' and inserting ``2013''. (n) Clerical Redesignations.--Section 54 of such Code, as amended by the preceding provisions of this section, is amended by redesignating subsections (g), (h), (j), (k), (l), and (m) as subsections (f), (g), (h), (i), (j), and (k), respectively. (o) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

Clean Renewable Energy for Public Power Act of 2007 - Amends Internal Revenue Code provisions allowing a tax credit for holders of clean renewable energy bonds (CREBs) to: (1) eliminate allocation limitations on such bonds; (2) reduce from 95 to 90% the amount of CREB proceeds required for capital expenditures; (3) redefine "qualified project" and "public power entity" for CREB purposes; (4) repeal the national limitation on CREBs and arbitrage rules applicable to such bonds; and (5) extend through 2013 the authority for issuing CREBs.

To amend the Internal Revenue Code of 1986 to modify the rules relating to clean energy renewable bonds.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Abandoned Foreclosures and Preserving Communities Act of 2016''. SEC. 2. NOTIFICATION REQUIREMENTS FOR SERVICERS THAT INITIATE FORECLOSURE PROCEEDINGS. The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601 et seq.) is amended-- (1) in section 3 (12 U.S.C. 2602)-- (A) in paragraph (8), by striking ``and'' at the end; (B) in paragraph (9), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(10) the term `enterprise' has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502).''; and (2) in section 6 (12 U.S.C. 2605), by adding at the end the following: ``(n) Notices Relating to Foreclosure.-- ``(1) Definition.--In this subsection, the term `covered loan' means-- ``(A) a federally related mortgage loan; or ``(B) a non-performing loan purchased from a Federal agency or an enterprise. ``(2) Initial notice requirement.-- ``(A) In general.--A servicer of a covered loan that makes the first notice or filing required by applicable State law for a judicial or non-judicial foreclosure process against a borrower and any other record owners shall notify the borrower and any other record owners in writing that, until the date on which the deed and title for the property for which the covered loan was made are transferred to another person, the borrower and any other record owners-- ``(i) may remain in the property until such time as the borrower and any other record owners are required to vacate the property under State law; and ``(ii) shall, to the extent required under State law, be responsible for the payment of any taxes, assessments, and other fees associated with the property. ``(B) State law requirements.--A servicer of a covered loan is not required to provide the written notice described in subparagraph (A) if the servicer provides notice to the borrower and any other record owners, under applicable State law, of the information described in subparagraph (A). ``(3) Notice of charge-off and release of lien.-- ``(A) In general.--If a servicer of a covered loan makes the first notice or filing required by applicable State law for a judicial or non-judicial foreclosure process against a borrower and any other record owners and subsequently charges off the covered loan and releases the lien on the property for which the covered loan was made, the servicer shall provide prompt notice, in writing, of the charge-off and release to-- ``(i) the borrower and any other record owners, which shall include a statement that-- ``(I) the title to the property is no longer encumbered by the lien; ``(II) the covered loan has been discharged; ``(III) the borrower and any other record owners may face income tax consequences related to the discharged covered loan; and ``(IV) the borrower and any other record owners may want to consult a tax advisor; and ``(ii) the taxing district in which the property is located. ``(B) Required attempts.--A servicer that is required to provide notice to a borrower and any other record owners under subparagraph (A)(i)-- ``(i) shall make not less than 3 attempts to provide the notice, where the servicer makes-- ``(I) not less than 2 attempts to provide the notice by telephone; and ``(II) not less than 1 attempt to provide the notice in writing; and ``(ii) shall attempt to locate the borrower and any other record owners and provide the notice if the servicer has information that the borrower and any other record owners no longer reside at the property. ``(C) Language.--A servicer shall provide the notice under subparagraph (A)(i) in the preferred language of the borrower if the servicer has information that the borrower has indicated a preferred language other than English. ``(4) Standard notification forms.--The Bureau may develop and issue standard forms, which may be submitted in paper or electronic format, for the provision of the notices required under paragraphs (2) and (3). ``(5) Database of abandoned foreclosures.-- ``(A) Definition.--In this paragraph, the term `abandoned foreclosure' means a covered loan-- ``(i) that is secured by a property that was the principal residence of the borrower-- ``(I) at the time of the origination of the covered loan; or ``(II) when the servicer of the covered loan made the first notice or filing required by applicable State law for a judicial or non-judicial foreclosure process; ``(ii) that is not an open-end credit or reverse mortgage loan; and ``(iii) where the servicer of the covered loan-- ``(I) has made the first notice or filing required by applicable State law for a judicial or non-judicial foreclosure process; and ``(II) has-- ``(aa) ceased to pursue additional action in the foreclosure process; or ``(bb) charged off the covered loan and released the lien on the property for which the covered loan was made. ``(B) Database.--Not later than 3 years after the date of enactment of this subsection, the Bureau shall establish, maintain, and periodically update a database of abandoned foreclosures. ``(C) Contents.--The database established under subparagraph (B) shall include, for each abandoned foreclosure-- ``(i) the address information for the property; ``(ii) the status of the deed or title to the property; ``(iii) the number of days the borrower was delinquent before the servicer initiated the foreclosure; ``(iv) the outstanding amount of the covered loan at the time the servicer initiated the foreclosure; ``(v) the date on which the servicer initiated the foreclosure; ``(vi) the date on which the servicer charged off the covered loan and released the lien; and ``(vii) the amount of the covered loan charged off by the servicer. ``(D) Accessibility.--The Bureau may, at the discretion of the Director of the Bureau, provide access to the database established under subparagraph (B) to taxing districts. ``(E) Protection of information.--The Bureau shall take appropriate and necessary steps to ensure the protection of personally identifiable information in the database established under subparagraph (B). ``(6) Rule of construction.--Nothing in this section shall be construed to preempt or prohibit any provision of State law with respect to notice provided to borrowers relating to a foreclosure, except to the extent that the requirements of this section provide greater notice to such a borrower.''. SEC. 3. SELLER AND SERVICER ELIGIBILITY. (a) Enterprises.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the Federal Housing Finance Agency shall promulgate a rule that provides that a seller or servicer of a mortgage loan held by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation (or an affiliate thereof)-- (A) may not, with respect to the mortgage loan-- (i) make the first notice or filing required by applicable State law for a judicial or non-judicial foreclosure process; and (ii) following the notice or filing, cease to pursue additional action in the foreclosure process or charge off the mortgage loan unless the seller or servicer contemporaneously records a release of the mortgage loan in the registry of deeds in which the mortgage is recorded, which release shall include a discharge of the debt secured by the mortgage loan; and (B) with respect to the servicer of the mortgage loan, is required to comply with the notice requirements under paragraphs (1) and (2) of section 6(n) of the Real Estate Settlement Procedures Act of 1974, as added by section 2 of this Act. (2) Rule of construction.--Nothing in paragraph (1) shall be construed to inhibit or preclude a seller or servicer of a mortgage loan described in paragraph (1) from continuing or initiating loss mitigation during the foreclosure process, including participating in any available mediation program or process under State law. (b) Federal Housing Administration.--Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by adding at the end the following: ``(y) Prohibition on Abandoned Foreclosures.-- ``(1) In general.--To be eligible to service a mortgage insured under this section, a servicer may not, with respect to the mortgage-- ``(A) make the first notice or filing required by applicable State law for a judicial or non-judicial foreclosure process; and ``(B) following the notice or filing, cease to pursue additional action in the foreclosure process or charge off the mortgage unless the servicer contemporaneously records a release of the mortgage in the registry of deeds in which the mortgage is recorded, which release shall include a discharge of the debt secured by the mortgage. ``(2) Required notice.--A servicer of a mortgage insured under this section shall comply with the notice requirements under paragraphs (2) and (3) of section 6(n) of the Real Estate Settlement Procedures Act of 1974. ``(3) Rule of construction.--Nothing in paragraph (1) shall be construed to inhibit or preclude a servicer of a mortgage from continuing or initiating loss mitigation during the foreclosure process, including participating in any available mediation program or process under State law.''. SEC. 4. GAO STUDY ON ABANDONED FORECLOSURES. (a) Definitions.--In this section: (1) Abandoned foreclosure.--The term ``abandoned foreclosure'' means a covered loan-- (A) that is secured by a property that was the principal residence of the borrower-- (i) at the time of the origination of the covered loan; or (ii) when the servicer of the covered loan made the first notice or filing required by applicable State law for a judicial or non- judicial foreclosure process; (B) that is not an open-end credit or reverse mortgage loan; and (C) where the servicer of the covered loan-- (i) has made the first notice or filing required by applicable State law for a judicial or non-judicial foreclosure process; and (ii) has-- (I) ceased to pursue additional action in the foreclosure process; or (II) charged off the covered loan and released the lien on the property for which the covered loan was made. (2) Covered loan.--The term ``covered loan'' means-- (A) a federally related mortgage loan; or (B) a non-performing loan purchased from a Federal agency or an enterprise. (3) Enterprise.--The term ``enterprise'' has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502). (4) Federally related mortgage loan.--The term ``federally related mortgage loan'' has the meaning given the term in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602). (b) Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives a report on-- (1) the incidence and concentration of abandoned foreclosures; (2) the impact of abandoned foreclosures on neighborhood and community property values, including the propensity of abandoned foreclosures to lead to foreclosures on neighboring properties; and (3) the best available methods to collect information on abandoned foreclosures, taking into account the cost of collecting that information. (c) Recommendations.--The report submitted under subsection (b) may include recommendations for additional requirements or conditions for servicers with respect to charging off covered loans or releasing liens on abandoned foreclosures. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to limit the rights of a tenant to remain in a property during a foreclosure process that are in effect under Federal or State law as of the date of enactment of this Act.

Preventing Abandoned Foreclosures and Preserving Communities Act of 2016 This bill amends the Real Estate Settlement Procedures Act of 1974 to require a servicer of a federally related or federally backed mortgage loan to provide, with respect to foreclosure proceedings, specified notice to the borrower and applicable taxing district. Unless specified requirements are met, a servicer of a loan insured by the Federal Housing Administration and backed by either the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac) may not abandon an initiated foreclosure. The Consumer Financial Protection Bureau must establish a database of abandoned foreclosures. The Government Accountability Office shall conduct a study on abandoned foreclosures.

Preventing Abandoned Foreclosures and Preserving Communities Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Teaching Geography Is Fundamental Act''. SEC. 2. GEOGRAPHY EDUCATION. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended-- (1) by redesignating part C (20 U.S.C. 1041) as part D; (2) by redesignating section 261 (20 U.S.C. 1041) as section 291; and (3) by inserting after part B (20 U.S.C. 1031 et seq.) the following: ``PART C--GEOGRAPHY EDUCATION ``SEC. 261. FINDINGS. ``Congress makes the following findings: ``(1) The economic stature and competitiveness of the United States requires increasingly sophisticated levels of geographic knowledge and mastery of geographic tools. ``(2) It is estimated that the United States geospatial industry generated $73,000,000,000 in revenue last year, with 500,000 high-wage jobs and that the industry is growing at between 25-30 percent per year. This burgeoning industry will not be able to maximize its growth potential without a sustained Federal investment in geography education. ``(3) A 2012 report by a Council on Foreign Relations task force, U.S. Education Reform and National Security, states that the lack of global awareness among United States citizens increasingly jeopardizes their ability to interact with local and global peers, or participate meaningfully in business, diplomatic, and military situations. ``(4) Geographic literacy is essential to a well prepared citizenry in the 21st century because geographic factors assume greater importance as the world's economies, societies, and political structures grow more global in scale. ``(5) The 2010 National Assessment of Educational Progress in geography shows that fewer than 30 percent of students tested in grades 4, 8, and 12 scored at grade-level or above. These scores have stayed the same or gotten worse, since the last time the test was administered in 2001. ``(6) The National Academy of Sciences urged creation of a national program to improve the geographic competence of the United States general population and the school age population. ``(7) Geography is one of the `core academic subjects' defined under the Elementary and Secondary Education Act of 1965. ``(8) A recent National Geographic Society survey found that all 50 States and the District of Columbia recognize geography in their curricula or content standards, and an increasing number require geography for graduation and include geography in mandated statewide assessments. ``(9) Seven of 10 educators responding to a National Geographic survey felt their professional development opportunities in geography were inadequate and half believed their schools had inadequate basic materials for teaching geography. ``(10) The National Geographic Society has spent more than 25 years pioneering an extraordinarily effective national program for improving the teaching of geography by engaging university faculty geographers and highly trained teachers in State Geographic Alliances dedicated to providing high-quality professional development opportunities for kindergarten through grade 12 teachers. ``(11) More than 80 colleges and universities in all 50 States have received grants from the National Geographic Society to support State Geographic Alliances and their professional development programs. Alliance-trained kindergarten through grade 12 teachers and their higher education partners conduct workshops, develop localized teaching materials, and facilitate communication among thousands of teachers whose responsibilities include teaching of geography in various formats and grade levels. ``(12) A study by Mid-continent Research for Education and Learning that assessed student academic achievement in geography on the National Assessment of Educational Progress showed that students taught by Alliance-trained teachers outperformed other students by almost 10 percent. ``(13) We live in a changing world with multiple and evolving threats to national security, including terrorism, asymmetrical warfare, and social unrest. As the nature of the threat evolves, so do the tools, knowledge, and skills needed to respond. A 2013 National Academies report states that it is likely that qualified GIS (Geography Information Systems) and remote sensing experts are already hard to find. Long before 2030, competition and a small number of graduates will likely result in shortages in all emerging areas and in the core areas of cartography, photogrammetry, and geodesy. ``SEC. 262. PURPOSE AND OBJECTIVES. ``(a) Purpose.--The purpose of this part is to-- ``(1) promote geographic literacy and improved understanding of global cultures among kindergarten through grade 12 students by expanding programs that employ the geographic knowledge and expertise of faculty members in institutions of higher education for the benefit of kindergarten through grade 12 teachers; and ``(2) otherwise advance geographic literacy. ``(b) Objectives.--The objectives of this part are the following: ``(1) To increase students' knowledge of, and achievement in, standards-based geography to enable the students to become better informed and more productive citizens. ``(2) To increase the number of highly qualified teachers of United States and world geography and to enable the teachers-- ``(A) to improve student mastery of geographic principles; and ``(B) to increase practical applications of those principles. ``(3) To encourage geographic education research, to develop and disseminate effective instructional materials, and to promote replication of best practices and exemplary programs that foster geographic literacy. ``(4) To assist States in measuring the impact of education in geography. ``(5) To leverage and expand private and public support for geography education partnerships at national, State, and local levels. ``SEC. 263. GRANT PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award a grant to a national nonprofit education organization or a consortium of national nonprofit education organizations (referred to in this part as an `eligible entity') that has as its primary purpose the improvement of the quality of student understanding of geography through effective teaching of geography in the Nation's classrooms. ``(b) Application.--An eligible entity that desires a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. ``SEC. 264. USE OF FUNDS. ``(a) Direct Activities.--An eligible entity that receives a grant under this part shall use not more than 25 percent of the funds made available through the grant for a fiscal year to-- ``(1) strengthen and expand the eligible entity's relationships with institutions of higher education and with State and local agencies and other public and private organizations with a commitment to geography education and the benefits of geography education; ``(2) support and promote research-based training of teachers of geography and related disciplines in kindergarten through grade 12 as a means of broadening student knowledge of the world, including the dissemination of information on effective practices and research findings concerning the teaching of geography; ``(3) support research on effective geography teaching practices and the development of assessment instruments and strategies to document student understanding of geography; ``(4) convene national conferences on geography education to assess the current State of geographic literacy and to identify strategies for improvement; and ``(5) develop and disseminate appropriate research-based materials to foster geographic literacy. ``(b) Subgrants.-- ``(1) In general.--An eligible entity that receives a grant under this part shall use not more than 75 percent of the funds made available through the grant for a fiscal year to award subgrants to eligible recipients. ``(2) Eligible recipient defined.--In this part, the term `eligible recipient' means an institution of higher education associated with-- ``(A) a State geographic alliance; ``(B) a nonprofit educational organization; ``(C) a State educational agency or local educational agency; or ``(D) a partnership between or among an alliance, organization, or agency described in subparagraph (A), (B) or (C). ``(3) Eligible recipient applications.-- ``(A) Submission.--An eligible recipient that desires to receive a subgrant under this part shall submit an application to the eligible entity at such time, in such manner, and accompanied by such information as the eligible entity may require. ``(B) Review.-- ``(i) In general.--The eligible entity shall invite individuals described in clause (ii) to review all applications from eligible recipients for a subgrant under this part and to make recommendations to the eligible entity regarding the approval of the applications. ``(ii) Reviewers.--The individuals the eligible entity shall invite to review applications are the following: ``(I) Leaders in the field of geography education. ``(II) Such other individuals as the eligible entity may determine are necessary or desirable. ``(4) Subgrant uses of funds.--An eligible recipient that receives a subgrant under this part shall use the subgrant funds for 1 or more of the following activities: ``(A) Conducting teacher training programs that use effective and research-based approaches to the teaching of geography at the kindergarten through grade 12 level. ``(B) Applying Geographic Information System (GIS) or other geographic technological tools to the teaching of geography. ``(C) Applying Internet and other distance learning technology to the teaching of geography or to the continuing education of teachers. ``(D) Promoting rigorous academic standards and assessment techniques to guide and measure student performance in geography. ``(E) Promoting research in geography education, emphasizing research that leads to improving student achievement. ``(F) Carrying out local, field-based activities for teachers and students to improve their knowledge of the concepts and tools of geography while enhancing understanding of their home region. ``(G) Promoting comparative studies of world cultures, economies, and environments. ``(H) Encouraging replication of best practices and model programs to promote geographic literacy. ``(I) Developing and disseminating effective, research-based geography learning materials. ``(J) Convening State-based conferences to assess the state of geographic literacy and to identify strategies for improvement. ``(5) Matching requirements.-- ``(A) In general.--In order to be eligible to receive a subgrant under this part, an eligible recipient shall provide assurances in the application submitted under paragraph (3) to provide matching funds as described in subparagraph (B) towards the costs of the activities assisted under the subgrant. ``(B) Amount.--An eligible recipient shall provide matching funds in an amount equal to 20 percent of the subgrant funds received under this part for the second and each succeeding fiscal year for which subgrant funds are received. ``(C) Source of matching funds.--Matching funds may be provided in cash or in kind, fairly evaluated, including facilities, staffing salaries, and educational materials. ``SEC. 265. ADMINISTRATIVE COSTS. ``An eligible entity that receives a grant under this part for a fiscal year, and each eligible recipient receiving a subgrant under this part for a fiscal year, may use not more than 15 percent of the funds made available through the grant or subgrant, respectively, for administrative costs. ``SEC. 266. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $15,000,000 for fiscal year 2014 and each of the 4 succeeding fiscal years.''.

Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II (Teacher Quality Enhancement). Authorizes the Secretary of Education to award a grant to a national nonprofit education organization or consortium, with 75% to be used for matching subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires program participants to use their grants and subgrants to enhance the geographic literacy of students in kindergarten through grade 12 by supporting specified activities, including: (1) educational research; (2) teacher training; (3) the development of effective teaching tools and learning materials; (4) the application of rigorous academic standards and assessment techniques; (5) comparative studies of world cultures, economies, and environments; and (6) the exchange of information regarding the state of geographic literacy and strategies for its improvement.

Teaching Geography Is Fundamental Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiparty, Multiforum Jurisdiction Act of 1993''. SEC. 2. JURISDICTION OF DISTRICT COURTS. (a) Basis of Jurisdiction.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1368. Multiparty, multiforum jurisdiction ``(a) The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 25 natural persons have either died or incurred injury in the accident at a discrete location and, in the case of injury, the injury has resulted in damages which exceed $50,000 per person, exclusive of interest and costs, if-- ``(1) a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place; ``(2) any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or ``(3) substantial parts of the accident took place in different States. ``(b) For purposes of this section-- ``(1) minimal diversity exists between adverse parties if any party is a citizen of a State and any adverse party is a citizen of another State, a citizen or subject of a foreign state, or a foreign state as defined in section 1603(a) of this title; ``(2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; ``(3) the term `injury' means-- ``(A) physical harm to a natural person; and ``(B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists; ``(4) the term `accident' means a sudden accident, or a natural event culminating in an accident, that results in death or injury incurred at a discrete location by at least 25 natural persons; and ``(5) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories or possessions of the United States. ``(c) In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter. ``(d) A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action.''. (b) A Conforming Amendment.--The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: ``1368. Multiparty, multiforum jurisdiction.''. SEC. 3. VENUE. Section 1391 of title 28, United States Code, is amended by adding at the end the following: ``(g) A civil action in which jurisdiction of the district court is based upon section 1368 of this title may be brought in any district in which any defendant resides or in which a substantial part of the accident giving rise to the action took place.''. SEC. 4. MULTIDISTRICT LITIGATION. Section 1407 of title 28, United States Code, is amended by adding at the end the following: ``(i)(1) In actions transferred under this section when jurisdiction is or could have been based, in whole or in part, on section 1368 of this title, the transferee district court may, notwithstanding any other provision of this section, retain actions so transferred for the determination of liability and punitive damages. An action retained for the determination of liability shall be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds, for the convenience of parties and witnesses and in the interest of justice, that the action should be retained for the determination of damages. ``(2) Any remand under paragraph (1) shall not be effective until 60 days after the transferee court has issued an order determining liability and has certified its intention to remand some or all of the transferred actions for the determination of damages. An appeal with respect to the liability determination and the choice of law determination of the transferee court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the transferee court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination and the choice of law determination shall not be subject to further review by appeal or otherwise. ``(3) An appeal with respect to determination of punitive damages by the transferee court may be taken, during the 60-day period beginning on the date the order making the determination is issued, to the court of appeals with jurisdiction over the transferee court. ``(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. ``(5) Nothing in this subsection shall restrict the authority of the transferee court to transfer or dismiss an action on the ground of inconvenient forum.''. SEC. 5. REMOVAL OF ACTIONS. Section 1441 of title 28, United States Code, is amended-- (1) in subsection (e) by striking out ``(e) The court to which such civil action is removed'' and inserting in lieu thereof ``(f) The court to which a civil action is removed under this section''; and (2) by inserting after subsection (d) the following new subsection; (e)(1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States for the district and division embracing the place where the action is pending if-- ``(A) the action could have been brought in a United States district court under section 1368 of this title, or ``(B) the defendant is a party to an action which is or could have been brought, in whole or in part, under section 1368 in a United States district court and arises from the same accident as the action in State court, even if the action to be removed could not have been brought in a district court as an original matter. The removal of an action under this subsection shall be made in accordance with section 1446 of this title, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1368 in a United States district court that arises from the same accident as the action in State court, or at a later time with leave of the district court. ``(2) Whenever an action is removed under this subsection and the district court to which it is removed or transferred under section 1407(i) has made a liability determination requiring further proceedings as to damages, the district court shall remand the action to the State court from which it had been removed for the determination of damages, unless the court finds that, for the convenience of parties and witnesses and in the interest of justice, the action should be retained for the determination of damages. ``(3) Any remand under paragraph (2) shall not be effective until 60 days after the district court has issued an order determining liability and has certified its intention to remand the removed action for the determination of damages. An appeal with respect to the liability determination and the choice of law determination of the district court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the district court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination and the choice of law determination shall not be subject to further review by appeal or otherwise. ``(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. ``(5) An action removed under this subsection shall be deemed to be an action under section 1368 and an action in which jurisdiction is based on section 1368 of this title for purposes of this section and sections 1407, 1659, 1697, and 1785 of this title. ``(6) Nothing in this subsection shall restrict the authority of the district court to transfer or dismiss an action on the ground of inconvenient forum.''. SEC. 6. CHOICE OF LAW. (a) Determination by the Court.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: Sec. 1659. Choice of law in multiparty, multiforum actions ``(a) In an action which is or could have been brought, in whole or in part, under section 1368 of this title, the district court in which the action is brought or to which it is removed shall determine the source of the applicable substantive law, except that if an action is transferred to another district court, the transferee court shall determine the source of the applicable substantive law. In making this determination, a district court shall not be bound by the choice of law rules of any State, and the factors that the court may consider in choosing the applicable law include-- ``(1) the place of the injury; ``(2) the place of the conduct causing the injury; ``(3) the principal places of business or domiciles of the parties; ``(4) the danger of creating unnecessary incentives for forum shopping; and ``(5) whether the choice of law would be reasonably foreseeable to the parties. The factors set forth in paragraphs (1) through (5) shall be evaluated according to their relative importance with respect to the particular action. If good cause is shown in exceptional cases, including constitutional reasons, the court may allow the law of more than one State to be applied with respect to a party, claim, or other element of an action. ``(b) The district court making the determination under subsection (a) shall enter an order designating the single jurisdiction whose substantive law is to be applied in all other actions under section 1368 arising from the same accident as that giving rise to the action in which the determination is made. The substantive law of the designated jurisdiction shall be applied to the parties and claims in all such actions before the court, and to all other elements of each action, except where Federal law applies or the order specifically provides for the application of the law of another jurisdiction with respect to a party, claim, or other element of an action. ``(c) In an action remanded to another district court or a State court under section 1407(i)(1) or 1441(e)(2) of this title, the district court's choice of law under subsection (b) shall continue to apply.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: ``1659. Choice of law in multiparty, multiforum actions.''. SEC. 7. SERVICE OF PROCESS. (a) Other Than Subpoenas.--(1) Chapter 113 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1697. Service in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1368 of this title, process, other than subpoenas, may be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (2) The table of sections at the beginning of chapter 113 of title 28, United States Code, is amended by adding at the end the following new item: ``1697. Service in multiparty, multiforum actions.''. (b) Service of Subpoenas.--(1) Chapter 117 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1785. Subpoenas in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1368 of this title, a subpoena for attendance at a hearing or trial may, if authorized by the court upon motion for good cause shown, and upon such terms and conditions as the court may impose, be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (2) The table of sections at the beginning of chapter 117 of title 28, United States Code, is amended by adding at the end the following new item: ``1785. Subpoenas in multiparty, multiforum actions.''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after the date of the enactment of this Act.

Multiparty, Multiforum Jurisdiction Act of 1993 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the amount in controversy exceeds $50,000 per person and minimal diversity of citizenship exists. Authorizes venue in any district in which a defendant resides or in which a substantial part of the accident occurred. Expands district court authority over such transferred actions (previously covered only pretrial proceedings) to permit joint trial of liability and punitive damage issues. Calls for remand of damage determinations (other than punitive damages), including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the damages phase of the action as well. Permits removal of actions from State to U.S. district courts to invoke the proposed jurisdiction and to join actions within the jurisdiction pending before the Federal court. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability. Provides that the district court in which an action under this Act is pending shall determine the source of the applicable substantive law and is not bound by the choice of law rules of any State. Requires the responsible district court to enter an order designating the jurisdiction whose law is to be applied in all actions under this Act arising from the same incident. Identifies factors that may be relevant in such choice of law determinations. Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act.

Multiparty, Multiforum Jurisdiction Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment Savings Access After Catastrophes Act of 2012''. SEC. 2. HURRICANE ISAAC DISASTER AREA. For purposes of this Act, the term ``Hurricane Isaac disaster area'' means any parish or county of Louisiana or Mississippi which is (in whole or in part) in the area with respect to which a major disaster has been declared by the President before September 10, 2012, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Isaac. SEC. 3. SUSPENSION OF PERSONAL CASUALTY LOSS LIMITATIONS. Paragraphs (1) and (2) of section 165(h) of the Internal Revenue Code of 1986 shall not apply to losses described in section 165(c)(3) of such Code which arise in the Hurricane Isaac disaster area during the 2-year period beginning on August 26, 2012, and which are attributable to Hurricane Isaac. In the case of any other losses, section 165(h)(2)(A) of such Code shall be applied without regard to the losses referred to in the preceding sentence. SEC. 4. TREATMENT OF NET OPERATING LOSSES ATTRIBUTABLE TO HURRICANE ISAAC. (a) Extension of Carryback Period.--During the 2-year period beginning on August 26, 2012, if a portion of any net operating loss of the taxpayer for any taxable year is a Hurricane Isaac loss, section 172(b)(1) of the Internal Revenue Code of 1986 shall be applied with respect to such portion-- (1) by substituting ``5 taxable years'' for ``2 taxable years'' in subparagraph (A)(i) thereof, and (2) by not taking such portion into account in determining any eligible loss of the taxpayer under subparagraph (F) thereof for the taxable year. (b) Suspension of 90 Percent AMT Limitation.--Section 56(d)(1) of such Code shall be applied by increasing the amount determined under subparagraph (A)(ii)(I) thereof by the sum of the carrybacks and carryovers of any net operating loss attributable to the portion described in subsection (a). (c) Hurricane Isaac Loss.--For purposes of this section-- (1) In general.--The term ``Hurricane Isaac loss'' means the lesser of-- (A) the excess of-- (i) the net operating loss for such taxable year, over (ii) the specified liability loss for such taxable year to which a 10-year carryback applies under section 172(b)(1)(C) of such Code, or (B) the amount of any deduction for any qualified Hurricane Isaac casualty loss to the extent taken into account in computing the net operating loss for such taxable year. (2) Qualified hurricane isaac casualty loss.-- (A) In general.--The term ``qualified Hurricane Isaac casualty loss'' means any uncompensated section 1231 loss (as defined in section 1231(a)(3)(B) of such Code) of property located in the Hurricane Isaac disaster area if-- (i) such loss is allowed as a deduction under section 165 of such Code for the taxable year, and (ii) such loss is by reason of Hurricane Isaac. (B) Applicable rules.--For purposes of subparagraph (A), rules similar to the rules of subparagraphs (B) and (C) of paragraph (3), and paragraph (4), of section 1400N(k) of such Code and shall apply. SEC. 5. TAX-FAVORED WITHDRAWALS FROM RETIREMENT PLANS. (a) In General.--A qualified Hurricane Isaac distribution shall be treated as a qualified hurricane distribution for purposes of section 1400Q(a) of the Internal Revenue Code of 1986. (b) Qualified Hurricane Isaac Distribution.--For purposes of subsection (a), the term ``qualified Hurricane Isaac distribution'' means any distribution from an eligible retirement plan made on or after August 26, 2012, and before September 11, 2014, to an individual whose principal place of abode on August 26, 2012, is located in the Hurricane Isaac disaster area and who has sustained an economic loss by reason of Hurricane Isaac. (c) Applicable Rules.--For purposes of this section, rules similar to the rules of section 1400Q(a) of such Code (other than paragraph (4)(A) thereof) shall apply. SEC. 6. RESCISSION OF UNSPENT AND UNCOMMITTED FEDERAL FUNDS. (a) In General.--Notwithstanding any other provision of law, of all available unobligated Federal funds, an amount in appropriated discretionary unexpired funds determined by the Director of the Office of Management and Budget to be equal to the reduction in Federal revenues by reason of the enactment of this Act is rescinded. (b) Implementation.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall-- (1) identify the accounts and amounts rescinded to implement subsection (a); and (2) submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission. (c) Exception.--This section shall not apply to the unobligated Federal funds of the Department of Defense or the Department of Veterans Affairs.

Investment Savings Access After Catastrophes Act of 2012 - Defines "Hurricane Isaac disaster area" for purposes of this Act as any parish or county of Louisiana or Mississippi in an area in which a major disaster has been declared before September 10, 2012, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Isaac. Provides for tax preferences in the Hurricane Isaac disaster area, including: (1) suspension of limitations on the tax deduction for personal casualty losses, (2) an extension of the carryback period for net operating losses, and (3) tax-free distributions from a retirement plan made on or after August 26, 2012, and before September 11, 2014, to an individual whose principal place of abode on August 26, 2012, was located in the Hurricane Isaac disaster area and who sustained an economic loss due to Hurricane Isaac. Rescinds unobligated funds in an amount equal to the reduction in revenues resulting from the enactment of this Act.

To provide tax relief with respect to the Hurricane Isaac disaster area.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Securities Transactions Act''. SEC. 2. IMMEDIATE FEE REDUCTION. Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) is amended by striking ``1/300 of one percent'' each place it appears and inserting ``1/500 of one percent''. SEC. 3. REVISION OF SECURITIES TRANSACTION FEE PROVISIONS; ADDITIONAL FEE REDUCTIONS. (a) Pooling and Allocation of Collections.--Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) is further amended-- (1) in subsection (b)-- (A) by striking ``Every'' and inserting ``Subject to subsection (i), each''; and (B) by striking the last sentence; (2) by striking subsection (c); (3) in subsection (d)-- (A) by striking paragraphs (2) and (3); (B) by striking the following: ``(d) Off-Exchange Trades of Last-Sale-Reported Securities.-- ``(1) Covered transactions.--Each national securities'' and inserting the following: ``(c) Off-Exchange Trades of Exchange Registered and Last-Sale- Reported Securities.--Subject to subsection (i), each national securities''; (C) by inserting ``registered on a national securities exchange or'' after ``security futures products)''; (D) by striking ``, excluding any sales for which a fee is paid under subsection (c)''; (4) by redesignating subsections (e) through (h) as subsections (d) through (g), respectively; (5) in subsection (e) (as redesignated by paragraph (4)), by striking ``(b), (c), and (d)'' and inserting ``(b) and (c)''; and (6) by adding at the end the following new subsection: ``(h) Deposit of Fees.-- ``(1) Offsetting collections.--Fees collected pursuant to subsections (b) and (c) for any fiscal year-- ``(A) shall be deposited and credited as offsetting collections to the account providing appropriations to the Commission, except that the amount so deposited and credited for fiscal years 2007 through 2011 shall not exceed the target offsetting collection amount for such fiscal year; and ``(B) shall not be collected for any fiscal year except to the extent provided in advance in appropriation Acts. ``(2) General revenues.--Fees collected pursuant to subsections (b) and (c) for fiscal years 2007 through 2011 in excess of the amount deposited and credited as offsetting collections pursuant to paragraph (1) for such fiscal year shall be deposited and credited as general revenue of the Treasury. No fees collected pursuant to such subsections for fiscal years 2002 through 2006, fiscal year 2012, or any succeeding fiscal year shall be deposited and credited as general revenue of the Treasury.''. (b) Additional Reductions of Fees.-- (1) Amendment.--Section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) is further amended by adding after subsection (h) (as added by subsection (a)(6)) the following new subsections: ``(i) Recapture of Projection Windfalls for Further Rate Reductions.-- ``(1) Annual adjustment.--For each of the fiscal years 2003 through 2011, the Commission shall by order adjust each of the rates applicable under subsections (b) and (c) for such fiscal year to a uniform adjusted rate that, when applied to the baseline estimate of the aggregate dollar amount of sales for such fiscal year, is reasonably likely to produce aggregate fee collections under this section that are equal to the sum of-- ``(A) the target offsetting collection amount for such fiscal year; and ``(B) the target general revenue amount for such fiscal year. ``(2) Final rate adjustment.--For fiscal year 2012 and all of the succeeding fiscal years, the Commission shall by order adjust each of the rates applicable under subsections (b) and (c) for all of such fiscal years to a uniform adjusted rate that, when applied to the baseline estimate of the aggregate dollar amount of sales for fiscal year 2012, is reasonably likely to produce aggregate fee collections under this section in fiscal year 2012 equal to the target offsetting collection amount for fiscal year 2011. ``(3) Limitation on rate adjustment.--Notwithstanding paragraphs (1) and (2), no adjusted rate established under this subsection for any fiscal year shall exceed the rate that would otherwise be applicable under subsections (b) and (c) for such fiscal year. ``(4) Review and effective date.--An adjusted rate prescribed under paragraph (1) or (2) and published under subsection (g) shall not be subject to judicial review. Subject to subsections (h)(1)(B) and (j), an adjusted rate prescribed under paragraph (1) shall take effect on the first day of the fiscal year to which such rate applies and an adjusted rate prescribed under paragraph (2) shall take effect on the first day of fiscal year 2012. ``(j) Lapse of Appropriation.--If on the first day of a fiscal year a regular appropriation to the Commission has not been enacted, the Commission shall continue to collect fees (as offsetting collections) under subsections (b) and (c) at the rate in effect during the preceding fiscal year, until such a regular appropriation is enacted. ``(k) Definitions.--For purposes of this section: ``(1) Target offsetting collection amount.--The target offsetting collection amount is an amount equal to-- ``(A) $976,000,000 for fiscal year 2002; ``(B) $1,132,000,000 for fiscal year 2003; ``(C) $1,370,000,000 for fiscal year 2004; ``(D) $1,627,000,000 for fiscal year 2005; ``(E) $1,913,000,000 for fiscal year 2006; ``(F) $1,110,000,000 for fiscal year 2007; ``(G) $1,144,000,000 for fiscal year 2008; ``(H) $1,327,000,000 for fiscal year 2009; ``(I) $1,523,000,000 for fiscal year 2010; and ``(J) $1,745,000,000 for fiscal year 2011. ``(2) Target general revenue amount.--The target general revenue amount is an amount equal to-- ``(A) zero for each of the fiscal years 2002 through 2006; ``(B) $463,000,000 for fiscal year 2007; ``(C) $449,000,000 for fiscal year 2008; ``(D) $500,000,000 for fiscal year 2009; ``(E) $551,000,000 for fiscal year 2010; and ``(F) $614,000,000 for fiscal year 2011. ``(3) Baseline estimate of the aggregate dollar amount of sales.--The baseline estimate of the aggregate dollar amount of sales for any fiscal year is the baseline estimate of the aggregate dollar amount of sales of securities (other than bonds, debentures, other evidences of indebtedness, and security futures products) to be transacted on each national securities exchange and by or through any member of each national securities association (otherwise than on a national securities exchange) during such fiscal year as determined by the Congressional Budget Office in making projections pursuant to section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 and as contained in the projection required to be made in March of the preceding fiscal year.''. (2) Conforming amendment.--Section 31(g) of such Act is amended by inserting before the period at the end the following: ``not later than April 30 of the fiscal year preceding the fiscal year to which such rate applies''. SEC. 4. PAY PARITY PROVISIONS. (a) Securities and Exchange Commission Employees.--Section 4(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(b)) is amended-- (1) by striking paragraphs (1) and (2) and by inserting the following: ``(1) Appointment, compensation, and benefits.-- ``(A) In general.--The Commission may appoint and fix the compensation of such officers, attorneys, economists, examiners, and other employees as may be necessary for carrying out its functions under this Act. ``(B) Rates of pay.--Rates of basic pay for all employees of the Commission may be set and adjusted by the Commission without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. ``(C) Additional compensation and benefits.--The Commission may provide additional compensation and benefits to employees of the Commission if the same type of compensation or benefits are then being provided by any agency referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 or, if not then being provided, could be provided by such an agency under applicable provisions of law, rule, or regulation. ``(2) Information; comparability.--In establishing and adjusting schedules of compensation and additional benefits for employees of the Commission, which are to be determined solely by the Commission under this subsection, the Commission-- ``(A) shall consult with and inform the heads of the agencies referred to under section 1206 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989; ``(B) shall inform the Congress of such compensation and benefits; and ``(C) shall seek to maintain comparability with such agencies regarding compensation and benefits.''. (b) Technical Amendments.-- (1) Section 3132(a)(1) of title 5, United States Code, is amended-- (A) in subparagraph (C), by striking ``or'' after the semicolon; (B) in subparagraph (D), by inserting `or` after the semicolon; and (C) by adding at the end of the following: ``(E) the Securities and Exchange Commission.''. (2) Section 5373(a) of title 5, United States Code, is amended-- (A) in paragraph (2), by striking ``or'' after the semicolon; (B) in paragraph (3), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(4) section 4(b) of the Securities Exchange Act of 1934.''. SEC. 5. EFFECTIVE DATES. (a) Fee Provisions.--The amendments made by sections 2 and 3 of this Act shall take effect on October 1, 2001. (b) Pay Parity.-- (1) In general.--Except as provided in paragraph (2), the amendments made by section 4 shall take effect on the date of enactment of this Act. (2) Exception.--The amendments made by section 4(b)(1) shall take effect as of such date as the Securities and Exchange Commission shall (by order published in the Federal Register) prescribe, but in no event later than 1 year after the date of enactment of this Act.

Fairness in Securities Transactions Act- Amends the Securities Exchange Act of 1934 to reduce (from one three-hundredth of one percent to one five-hundredth of one percent) the transaction fees designed to recover the costs to the Government of securities markets oversight and enforcement.Replaces the fee structure for off-exchange trades of last-sale-reported securities with a fee structure for off-exchange trades of exchange-registered and last-sale-reported securities.Provides that the fees so collected shall: (1) be deposited and credited as offsetting collections to the account providing appropriations to the Securities and Exchange Commission (SEC); and (2) not be deposited and credited as general revenue of the Treasury for specified fiscal years.Sets forth requirements for pay parity for SEC employees.

To amend the Securities Exchange Act of 1934 to reduce fees on securities transactions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Literacy Improvement Act of 1998''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Family literacy programs provide important literacy assistance to families. (2) Family literacy programs assist parents in improving their literacy skills, attaining self-sufficiency, and helping their children succeed in school. (3) Family literacy programs empower parents by providing them with the skills to interact positively with their children, with respect to their children's education. (4) Family literacy programs encourage parents to read to their children, which is a key component of children's academic success. (5) Existing family literacy programs should be strengthened in order to ensure that they are as effective as possible in serving the literacy needs of at-risk families in the United States. TITLE I--AMENDMENTS TO EVEN START FAMILY LITERACY PROGRAMS SEC. 101. RESERVATION FOR GRANTS. Section 1202(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6362(c)) is amended to read as follows: ``(c) Reservation for Grants.-- ``(1) Grants authorized.--In any fiscal year in which the amount appropriated to carry out this part exceeds the amount appropriated to carry out this part for the preceding fiscal year, the Secretary shall reserve such funds in excess of the amount appropriated for such preceding fiscal years as do not exceed $1,000,000 to award grants, on a competitive basis, to States to enable such States to plan and implement, statewide family literacy initiatives to coordinate and integrate existing Federal, State, and local literacy resources consistent with the purposes of this part. Such coordination and integration shall include funds available under the Adult Education Act, Head Start, this part, part A of this title, and part A of title IV of the Social Security Act. ``(2) Consortia.-- ``(A) Establishment.--To receive a grant under this subsection, a State shall establish a consortium of the following State-level programs: ``(i) Programs under this title. ``(ii) Programs under the Head Start Act. ``(iii) Programs under the Adult Education Act. ``(iv) All other State-funded preschool programs and programs providing literacy services to adults. ``(B) Plan.--To receive a grant under this subsection, the consortium established by a State shall create a plan to use a portion of the State's resources, derived from the programs referred to in subparagraph (A), to strengthen and expand family literacy services in such State. ``(3) Reading instruction.--Statewide family literacy initiatives implemented under this subsection shall base reading instruction on reliable, replicable research on reading. ``(4) Technical assistance.--The Secretary shall provide, directly or through a grant or contract with an organization with experience in the development and operation of successful family literacy services, technical assistance to States receiving a grant under this subsection. ``(5) Matching requirement.--The Secretary shall not make a grant to a State under this subsection unless the State agrees that, with respect to the costs to be incurred by the eligible consortium in carrying out the activities for which the grant was awarded, the State will make available non-Federal contributions in an amount equal to not less than the Federal funds provided under the grant.''. SEC. 102. DEFINITIONS. Section 1202(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6362(e)) is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) by redesignating paragraphs (3) and (4) as paragraphs (4) and (7), respectively; (3) by inserting after paragraph (2) the following: ``(3) the term `family literacy services' means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family (such as eliminating or reducing welfare dependency) and that integrate-- ``(A) interactive literacy activities between parents and their children; ``(B) activities equipping parents to motivate, teach, and otherwise partner with their children in learning; ``(C) parent literacy training, including training that contributes to economic self-sufficiency; and ``(D) appropriate instruction for children of parents receiving parent literacy services;''; and (4) by inserting after paragraph (4) the following: ``(5) the term `reading' means the process of comprehending the meaning of written text by depending on-- ``(A) the ability to use phonics skills, that is, knowledge of letters and sounds, to decode printed words quickly and effortlessly, both silently and aloud; ``(B) the ability to use previously learned strategies for reading comprehension; and ``(C) the ability to think critically about the meaning, message, and aesthetic value of the text; ``(6) the term `reliable, replicable research' means objective, valid, scientific studies that-- ``(A) include rigorously defined samples of subjects that are sufficiently large and representative to support the general conclusions drawn; ``(B) rely on measurements that meet established standards of reliability and validity; ``(C) test competing theories, where multiple theories exist; ``(D) are subjected to peer review before their results are published; and ``(E) discover effective strategies for improving reading skills; and''. SEC. 103. PROGRAM ELEMENTS. Section 1205 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6365) is amended-- (1) in paragraph (9), by striking ``and'' at the end; (2) in paragraph (10), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(11) include a dedicated period of time for parents and their children to interact for the specific purposes of enhancing the childrens' learning and developing a relationship of reciprocal learning and teaching.''. SEC. 104. ELIGIBLE PARTICIPANTS. Section 1206(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6366(a)(2)) is amended by striking ``seven,'' and inserting ``18,''. SEC. 105. EVALUATION. Section 1209 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6369) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) to provide States and eligible entities receiving a subgrant under this part, directly or through a grant or contract with an organization with experience in the development and operation of successful family literacy services, technical assistance to ensure local evaluations undertaken under section 1205(10) provide accurate information on the effectiveness of programs assisted under this part.''. SEC. 106. INDICATORS OF PROGRAM QUALITY. (a) In General.--The Elementary and Secondary Education Act of 1965 is amended-- (1) by redesignating section 1210 as section 1212; and (2) by inserting after section 1209 the following: ``SEC. 1210. INDICATORS OF PROGRAM QUALITY. ``Each State receiving funds under this part shall develop, based on the best available research and evaluation data, indicators of program quality for programs assisted under this part. Such indicators shall be used to monitor, evaluate, and improve such programs within the State. Such indicators shall include the following: ``(1) With respect to eligible participants in a program who are adults-- ``(A) achievement in the areas of reading, writing, English language acquisition, problem solving, and numeracy; ``(B) receipt of a high school diploma or a general equivalency diploma; ``(C) entry into a postsecondary school, job retraining program, or employment or career advancement, including the military; and ``(D) such other indicators as the State may develop. ``(2) With respect to eligible participants in a program who are children-- ``(A) improvement in ability to read on grade level or reading readiness; ``(B) school attendance; ``(C) grade retention and promotion; and ``(D) such other indicators as the State may develop.''. (b) State Level Activities.--Section 1203(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6363(a)) is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) in paragraph (2), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(3) carrying out section 1210.''. (c) Award of Subgrants.--Paragraphs (3) and (4) of section 1208(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368) are amended to read as follows: ``(3) Continuing eligibility.--In awarding subgrant funds to continue a program under this part for the second, third, or fourth year, the State educational agency shall evaluate the program based on the indicators of program quality developed by the State under section 1210. Such evaluation shall take place after the conclusion of the startup period, if any. ``(4) Insufficient progress.--The State educational agency may refuse to award subgrant funds if such agency finds that the eligible entity has not sufficiently improved the performance of the program, as evaluated based on the indicators of program quality developed by the State under section 1210, after-- ``(A) providing technical assistance to the eligible entity; and ``(B) affording the eligible entity notice and an opportunity for a hearing.''. SEC. 107. RESEARCH. The Elementary and Secondary Education Act of 1965, as amended by section 106 of this Act, is further amended by inserting after section 1210 the following: ``SEC. 1211. RESEARCH. ``(a) In General.--The Secretary shall carry out, through grant or contract, research into the components of successful family literacy services, to be used-- ``(1) to improve the quality of existing programs assisted under this part or other family literacy programs carried out under this Act or the Adult Education Act; and ``(2) to develop models for new programs to be carried out under this Act or the Adult Education Act. ``(b) Dissemination.--The National Institute for Literacy shall disseminate the results of the research described in subsection (a) to States and recipients of subgrants under this part.''. TITLE II--AMENDMENTS TO THE HEAD START ACT SEC. 201. AMENDMENTS RELATING TO FAMILY LITERACY. The Head Start Act (42 U.S.C. 9831-9852) is amended-- (1) in section 637(4) is amended to read as follows: ``(4) The term `family literacy services' means services that-- ``(A) are provided to participants who receive the services on a voluntary basis; ``(B) are of sufficient intensity, and of sufficient duration, to make sustainable changes in a family (such as eliminating or reducing dependence on income-based public assistance); and ``(C) integrate each of-- ``(i) interactive literacy activities between parents and their children; ``(ii) training for parents on being partners with their children in learning; ``(iii) parent literacy training, including training that contributes to economic self- sufficiency; and ``(iv) appropriate instruction for children of parents receiving the parent literacy training.'', (2) in section 639-- (A) in subsection (a) by striking ``1998'' and inserting ``2003'', (B) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``1998'' and inserting ``2003'', and (II) by striking ``and'' at the end, (ii) in paragraph (2)-- (I) by striking ``1998'' and inserting ``2003'', and (II) by striking the period at the end and inserting ``; and'', and (C) by adding at the end the following: ``(3) not less than $5,000,000 for fiscal year 1999, and such sums as may be necessary for fiscal years 2000 through 2003, to carry out section 648B.'', and (3) by inserting after section 648A the following: ``SEC. 648B. FAMILY LITERACY SERVICES. ``From funds reserved under section 639(b)(3), the Secretary-- ``(1) shall provide grants through a competitive process, based upon the quality of the family literacy service proposal and taking into consideration geographic and urban/rural representation, for not more than 100 Head Start agencies to initiate provision of family literacy services through collaborative partnerships with entities that provide adult education services, entities carrying out Even Start programs under part B of chapter 1 of title 1 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 274 et seq.), or entities that provide other services deemed necessary for the provision of family literacy services; and ``(2) may-- ``(A) provide training and technical assistance to Head Start agencies that already provide family literacy services; ``(B) designate as mentor programs, and provide financial assistance to, Head Start agencies that demonstrate effective implementation of family literacy services, based on improved outcomes of children and their parents, to enable such agencies to provide training and technical assistance to other agencies that seek to implement, or improve implementation of, family literacy services; and ``(C) award grants or make other assistance available to facilitate training and technical assistance to programs for development of collaboration agreements with other service providers. In awarding such grants or assistance, the Secretary shall give special consideration to an organization that has experience in the development and operation of successful family literacy services.''.

TABLE OF CONTENTS: Title I: Amendments to Even Start Family Literacy Programs Title II: Amendments to the Head Start Act Family Literacy Improvement Act of 1998 - Title I: Amendments to Even Start Family Literacy Programs - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise requirements for Even Start Family Literacy Programs (Even Start). (Sec. 101) Directs the Secretary of Education to award competitive grants to States for the planning and implementation of statewide family literacy initiatives, including specified services. Requires a State, as a prerequisite to receiving a grant, to form a consortium of State-level programs under ESEA, the Head Start Act, the Adult Education Act, and all other related, State-funded programs. Requires such consortium to create a plan to use a portion of the State's resources to strengthen and expand family literacy services. (Sec. 102) Sets forth definitions of: (1) family literacy services; (2) reading; and (3) reliable, replicable research. (Sec. 103) Requires Even Start program elements to include a dedicated period of time for parents and their children to interact for the specific purpose of enhancing the childrens' development of a relationship of reciprocal learning and teaching. (Sec. 104) Increases from seven to 18 the maximum age for eligibility to participate in Even Start programs. (Sec. 105) Provides for technical assistance for the evaluation of subgrant recipient local programs. (Sec. 106) Requires States receiving such grants to develop indicators of program quality. (Sec. 107) Directs the Secretary to research, through grant or contract, successful family literacy services to improve the quality of existing programs and to develop models for new programs. Requires the National Institute for Literacy to disseminate such research results to States and Even Start subgrant recipients. Title II: Amendments to the Head Start Act - Amends the Head Start Act to reauthorize Head Start programs and to provide for grants and other assistance for family literacy services. (Sec. 201) Revises the definition of family literacy services. Extends through FY 2003 the authorization of appropriations for Head Start program activities. Directs the Secretary of Health and Human Services (HHS) to make available certain amounts for such program activities, transition activities, impact studies, other research and evaluation activities, and family literacy services. Establishes a program of grants and other assistance for family literacy services under the Head Start Act. Directs the Secretary of HHS to make competitive grants for up to 100 Head Start agencies to initiate provision of family literacy services through collaborative partnerships with entities that provide: (1) adult education services; (2) Even Start programs under ESEA; or (3) other services deemed necessary for providing family literacy services. Authorizes the Secretary of HHS to provide: (1) training and technical assistance to Head Start agencies that already provide family literacy services; (2) financial assistance to designated mentor Head Start agencies that demonstrate effective implementation of family literacy services, in order to provide training and technical assistance to other agencies; and (3) grants or other assistance to facilitate training and technical assistance to programs for the development of collaboration agreements with other service providers.

Family Literacy Improvement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gifted and Talented Students Education Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Gifted and talented students give evidence of high performance capability in specific academic fields, or in areas such as intellectual, creative, artistic, or leadership capacity, and require services and activities not ordinarily provided by a school in order to fully develop such capabilities. These children are from all cultural, racial, and ethnic backgrounds, and socioeconomic groups; some have disabilities and for some, English is not their first language. Many of these students have been historically underrepresented in gifted education programs. (2) Because gifted and talented students generally are more advanced academically, are able to learn more quickly and study in more depth and complexity than others their age, their special educational needs require opportunities and experiences that are different from those generally available in regular education programs. (3) There currently is no Federal requirement to identify or serve the Nation's approximately 3,000,000 gifted and talented students. (4) While some States and school districts allocate resources to educate gifted and talented students, others do not. Additionally, State laws and State and local funding, identification, and accountability mechanisms vary widely, resulting in a vast disparity of services for this special- needs population. (5) If the United States is to compete successfully in the global economy, it is important that more students achieve to higher levels, and that highly capable students receive an education that prepares them to perform the highly innovative and challenging work performed in today's workplace. (6) The performance of 12th-grade advanced students in the United States on the Third International Mathematics and Science Study (TIMSS) was among the lowest in the world. In each of 5 physics content areas and in each of 3 math content areas, the performance of physics and advanced mathematics students in the United States was among the lowest of participating countries. (7) Typical elementary school students with academic gifts and talents have already mastered 35 to 50 percent of the school year's content in several subject areas before the year begins. (8) In 1990, fewer than 2 cents out of every $100 spent on elementary and secondary education in the United States was devoted to providing challenging programming for the Nation's gifted and talented students. (b) Purpose.--The purpose of this Act is to provide grants to States to support programs, classes, and other services designed to meet the needs of the Nation's gifted and talented students in elementary and secondary schools. SEC. 3. PROGRAM AUTHORIZATION AND ACTIVITIES. (a) In General.--The Secretary is authorized to provide grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) Professional development programs.--A State educational agency may expend funds to develop and implement programs to address State and local needs for inservice training programs for general educators, specialists in gifted and talented education, administrators, school counselors, or other personnel at the elementary and secondary levels. (2) Technical assistance.--A State educational agency may make materials and services available through State regional education service centers, universities, colleges, or other entities. (3) Innovative programs and services.--States may support innovative approaches and curricula used by school districts, individual schools, or consortia of schools or school districts. (4) Emerging technologies.--States may provide funds for challenging, high-level course work, disseminated through new and emerging technologies (including distance learning), for individual students or groups of students in schools and local educational agencies that do not have the resources otherwise to provide such course work. (b) Limitations on Use of Funds.--Activities under subsection (a)(4) may include development of curriculum packages, compensation of distance learning educators, or other relevant activities, but funds provided under this Act may not be used for the purchase or upgrading of technological hardware. SEC. 4. APPLICATION. (a) In General.--To be eligible to receive a grant award under this Act, a State educational agency shall submit an application to the Secretary at such time and in such form and manner as the Secretary may reasonably require. (b) Contents.--The application shall include assurances-- (1) that the State educational agency is designated as the agency responsible for the administration and supervision of programs assisted under this Act; (2) of the State educational agency's ability to provide matching funds for the activities to be assisted under this Act in an amount equal to not less than 20 percent of the grant funds to be received, provided in cash or in kind; (3) that funds received under this Act shall be used to support gifted and talented students in public schools, including students from all economic, ethnic, and racial backgrounds, students of limited English proficiency, gifted students with disabilities, and highly gifted students; (4) that not less than 90 percent of the funds provided under the grant shall be used for the purpose of making subgrants, on a competitive basis, to local educational agencies; (5) that funds received under this Act shall be used only to supplement, but not supplant, the amount of State and local funds expended for the specialized education and related services provided for the education of gifted and talented students; and (6) that the State educational agency shall develop and implement program assessment models to evaluate educational effectiveness and ensure program accountability. (c) Approval.--To the extent funds are made available for this Act, the Secretary shall approve an application of a State educational agency if such application meets the requirements of this section. SEC. 5. STATE USE OF FUNDS. A State educational agency shall not use more than 10 percent of the funds made available under this Act for-- (1) establishment and implementation of a peer review process to review applications for subgrants made under section 4(b)(4); (2) supervision of the awarding of funds to local educational agencies or consortia thereof to support gifted and talented students in the State; (3) planning, supervision, and processing of funds made available under this section; (4) monitoring and evaluation of programs and activities assisted under this Act, including the submission of the annual report to the Secretary required in section 8; (5) dissemination of general program information; (6) providing technical assistance under this Act; and (7) supplementing, but not supplanting, the amount of State and local funds expended for the education of, and related services provided for, the education of gifted and talented students; and (8) providing support for parental education. SEC. 6. ALLOTMENT TO STATES. (a) In General.--Except as otherwise provided in this section, of the total amount made available for this Act, the Secretary shall award to each State educational agency an amount that bears the same relation to the total amount as the number of children ages 5 through 18 in the State for the preceding academic year bears to the total number of all such children in all States for such year. (b) Reservation of Funds.--From the amount made available to carry out this Act for any fiscal year, the Secretary shall reserve \1/2\ of 1 percent for the Secretary of the Interior for programs under this Act for teachers, other staff, and administrators in schools operated or funded by the Bureau of Indian Affairs. (c) Minimum Award.--No State receiving an allotment under subsection (a) may receive less than \1/2\ of 1 percent of the total amount allotted under such subsection. (d) Reallotment.--If any State does not apply for an allotment under this section for any fiscal year, the Secretary shall reallot such amount to the remaining States in accordance with this section. SEC. 7. COMPETITIVE GRANTS TO STATES. (a) In General.--Under section 10(b), the Secretary shall use the funds under this Act for competitive grants to State educational agencies to begin implementing activities described in section 3 through competitive subgrants to local educational agencies. (b) Application.--The Secretary shall use the application described in section 4 for grants awarded under this section. SEC. 8. REPORTING. Any State educational agency receiving funds under this Act shall submit a report to the Secretary beginning one year after the date of the enactment of this Act and each subsequent year that describes the number of students served and the activities supported with funds provided under this Act. The report shall include a description of the measures taken to comply with the accountability requirements of section 4(b). SEC. 9. DEFINITIONS. In this Act: (1) The term ``gifted and talented'' has the meaning such term has under State law or as such term is defined by the State or local educational agency, or in the case of a State that does not have a law that defines the term and the State or local educational agency has not defined the term, the term has the meaning given such term under section 14101(16) of the Elementary and Secondary Education Act (20 U.S.C. 8801(16)). (2) The term ``Secretary'' means the Secretary of Education. (3) The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (4) The term ``State educational agency'' has the same meaning given such term in section 14101(28) of the Elementary and Secondary Education Act (20 U.S.C. 8801(28)). (5) The term ``local educational agency'' has the same meaning given such term in section 14101(18) of the Elementary and Secondary Education Act (20 U.S.C. 8801(18)). SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $160,000,000 to carry out this Act for each of fiscal years 2002, 2003, 2004, 2005, and 2006. (b) Trigger.--Notwithstanding any other provision of this Act, if the amount appropriated under subsection (a) for a fiscal year is less than $50,000,000, the Secretary shall implement the grant program described in section 7.

Gifted and Talented Students Education Act of 2001 - Authorizes the Secretary of Education to make grants to State educational agencies to assist local educational agencies to develop or expand gifted and talented education programs through one or more of the following activities: (1) professional development programs; (2) technical assistance; (3) innovative approaches and curricula; and (4) emerging technologies, including distance learning.

To give gifted and talented students the opportunity to develop their capabilities.

SECTION 1. GO GIRL GRANTS. Part A of title III of the Elementary and Secondary Act of 1965 is amended by adding at the end the following new subpart: ``Subpart 5--Grants to Schools ``SEC. 3161. SHORT TITLE. ``This subpart may be cited as the `Getting Our Girls Ready for the 21st Century Act (Go Girl Act)'. ``SEC. 3162. FINDINGS. ``Congress finds the following: ``(1) Women have historically been underrepresented in mathematics, science, and technology occupations. ``(2) Female students take fewer high-level mathematics and science courses in high school than male students. ``(3) Female students take far fewer advanced computer classes and tend to take only the basic data entry and word processing classes compared to courses that male students take. ``(4) Female students earn fewer bachelors, masters, and doctoral degrees in mathematics, science, and technology than male students. ``(5) Early career exploration is key to choosing a career. ``(6) Teachers' attitudes, methods of teaching, and classroom atmosphere affect females' interest in nontraditional fields. ``(7) Stereotypes about appropriate careers for females, a lack of female role models, and a lack of basic career information significantly deters girls' interest in mathematics, science, and technology careers. ``(8) Females consistently rate themselves significantly lower than males in computer ability. ``(9) By the year 2000, 65 percent of all jobs will require technological skills. ``(10) Limited access is a hurdle faced by females seeking jobs in mathematics, science, and technology. ``(11) Common recruitment and hiring practices make extensive use of traditional networks that often overlook females. ``SEC. 3163. PROGRAM AUTHORITY. ``(a) In General.--The Secretary is authorized to provide grants to and enter into contracts or cooperative agreements with local educational agencies to provide subgrants to elementary and secondary schools to encourage the ongoing interest of girls in science, mathematics, and technology and to prepare girls to pursue undergraduate and graduate degrees and careers in science, mathematics, or technology. ``(b) Application.-- ``(1) In general.--To be eligible to receive a grant under this subpart, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require. ``(2) Contents.--The application referred to in paragraph (1) shall contain, at a minimum, the following: ``(A) A specific program description, including the content of the program and the research and models used to design the program. ``(B) A description of the collaboration between elementary and secondary schools to fulfill goals of the program. ``(C) An explanation regarding the recruitment and selection of participants. ``(D) A description of the instructional and motivational activities planned to be used. ``(E) An evaluation plan. ``SEC. 3164. ELEMENTARY SCHOOL PROGRAM. ``(a) Selection.--Local educational agencies shall select elementary schools to provide services that-- ``(1) encourage girls in grades 4 and higher to enjoy and pursue studies in science, mathematics, and technology; ``(2) acquaint girls in grades 4 and higher with careers in science, mathematics, and technology; and ``(3) educate the parents of girls in grades 4 and higher about the difficulties faced by girls to maintain an interest and desire to achieve in science, mathematics, and technology and enlist the help of the parents in overcoming these difficulties. ``(b) Uses of funds.--An elementary school that receives a subgrant under this subpart may use such funds for the following: ``(1) Tutoring in reading, science, mathematics, and technology. ``(2) Mentoring relationships, both in-person and through the Internet. ``(3) To pay the costs of attending events and academic programs in science, mathematics, and technology. ``(4) After-school activities designed to encourage the interest of girls in grades 4 and higher in science, mathematics, and technology. ``(5) Summer programs designed to encourage interest in and develop skills in science, mathematics, and technology. ``(6) Purchasing software designed for girls, or designed to encourage girls' interest in science, mathematics, and technology. ``(7) Field trips to locations that educate and encourage girls' interest in science, mathematics, and technology. ``(8) Field trips to locations that acquaint girls with careers in science, mathematics, and technology. ``(9) Purchasing and disseminating information to parents of girls in grades 4 and higher that will help parents to encourage their daughters' interest in science, mathematics, and technology. ``SEC. 3165. SECONDARY SCHOOL PROGRAM. ``(a) Subgrants to Secondary Schools.--Local educational agencies shall select secondary schools to provide services that-- ``(1) encourage girls in grades 9 and higher to major in science, mathematics, and technology in a postsecondary institution; ``(2) provide academic advice and assistance in high school course selection; ``(3) encourage girls in grades 9 and higher to plan for careers in science, mathematics, and technology; and ``(4) educate the parents of girls in grades 9 and higher about the difficulties faced by girls to maintain an interest and desire to achieve in science, mathematics, and technology and enlist the help of the parents in overcoming these difficulties. ``(b) Uses of Funds.--A secondary school that receives a subgrant under this subpart may use such funds for the following: ``(1) Tutoring in science, mathematics, and technology. ``(2) Mentoring relationships, both in-person and through the Internet. ``(3) To pay the costs of attending events and academic programs in science, mathematics, and technology. ``(4) To pay 50 percent of the cost of an internship in science, mathematics, or technology. ``(5) After-school activities designed to encourage the interest of girls in grades 9 and higher in science, mathematics, and technology, including the cost of that portion of a staff salary to supervise these activities. ``(6) Summer programs designed to encourage interest in and develop skills in science, mathematics, and technology. ``(7) Purchasing software designed for girls, or designed to encourage girls' interest in science, mathematics, and technology. ``(8) Field trips to locations that educate and encourage girls' interest in science, mathematics, and technology. ``(9) Field trips to locations that acquaint girls with careers in science, mathematics, and technology. ``(10) Visits to institutions of higher education to acquaint girls with college-level programs in science, mathematics, or technology, and to meet with educators and female college students who will encourage them to pursue degrees in science, mathematics, and technology. ``SEC. 3166. DEFINITIONS. ``In this subpart: ``(1) The term `local educational agency' has the same meaning given such term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), except that in the case of Hawaii, the District of Columbia, and the Commonwealth of Puerto Rico, the term `local educational agency' shall be deemed to mean the State educational agency. ``(2) The term `Secretary' means the Secretary of Education. ``SEC. 3167. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of making grants and contracts under this subpart, there are authorized to be appropriated $50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the 4 succeeding fiscal years.''.

Getting Our Girls Ready for the 21st Century Act (Go Girl Act) - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary of Education to make grants to, and contracts and cooperative agreements with, local educational agencies to provide subgrants to elementary and secondary schools for services that: (1) encourage the ongoing interest of girls in science, mathematics, and technology; and (2) prepare girls to pursue undergraduate and graduate degrees and careers in those fields. Authorizes appropriations.

Getting Our Girls Ready for the 21st Century Act (Go Girl Act)

SECTION 1. CASA GRANDE RUINS BOUNDARY ADJUSTMENT. (a) Short Title.--This section may be cited as the ``Casa Grande Ruins National Monument Boundary Modification Act of 2004''. (b) Findings and Purpose.-- (1) Findings.--Congress finds as follows: (A) Casa Grande Ruin Reservation was set aside on March 2, 1889, proclaimed as the Nation's first archeological preserve on June 22, 1892, and redesignated as Casa Grande Ruins National Monument on August 3, 1918. (B) Casa Grande Ruins National Monument protects one of the finest architectural examples of 13th Century Hohokam culture in the American Southwest known to early Spanish explorers as the ``Great House''. (C) Casa Grande is only part of the story of this ancient town that may have covered 2 square miles. (D) Recent surveys and research have determined that the area of the Great House and the village surrounding it extends beyond the current monument boundary. (2) Purposes.--The purposes of this Act are as follows: (A) To modify the boundary of Casa Grande Ruins National Monument-- (i) to protect newly discovered sites associated with the existing monument; (ii) to expand and extend our knowledge and understanding of the ancient Hohokam culture, a major influence in the development of the American Southwest; and (iii) to provide greater opportunities to visitors, researchers, and surrounding communities to understand and appreciate the contributions of this culture to the region. (B) To correct an unintentional trespass and allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal) by transferring jurisdiction of approximately 3.75 acres of Federal land from the National Park Service to the Bureau of Indian Affairs. (C) To clarify ownership of land on the monument's southwest boundary. (c) Boundary Adjustment.-- (1) In general.--The boundary of the Casa Grande Ruins National Monument is modified to include the approximately 257 acres, generally depicted on the map entitled ``2004 Proposed Casa Grande Ruins Boundary Modification'', numbered 303/80,018, and dated August 2004 (referred to in this section as the ``Map'') . (2) Map.--The Map shall be on file and available for inspection in the appropriate offices of the National Park Service. (3) Administration of lands.--Lands added to the monument by this subsection shall be administered by the Secretary as part of the monument in accordance with applicable laws and regulations. (d) Land Acquisition.-- (1) In general.--The Secretary is authorized to acquire lands or interest in lands owned by the State of Arizona identified for such purpose on the Map for expansion of the boundaries of the Casa Grande Ruins National Monument. Identified lands owned by the State of Arizona or private landowners may be acquired only with the consent of the landowners, including the State of Arizona or private landowners, and in accordance with State and Federal law. Jurisdiction of lands identified on the Map that are under the jurisdiction of a Federal agency other than the Department of the Interior may be transferred to the Secretary with the consent of the head of the other Federal agency. (2) Lands described.--The lands on the Map include-- (A) 80 acres of privately owned land on the west boundary of the monument; (B) 7.4 acres of Federal land, known as the Horvath Site, administered by the Bureau of Indian Affairs, located to the northeast of the monument; (C) 3 parcels of land totaling 43.42 acres, owned by the Archeological Conservancy, located to the east of the monument; (D) 4.5 acres of Federal land administered by the Bureau of Land Management, located on the southwest boundary of the Monument; and (E) 126 acres of land owned by the State of Arizona, known as Adamsville, located 4 miles east of the monument. (3) Compensation.--As consideration for the acquisition of State and private lands or interests in lands, the Secretary shall pay fair market value for such lands or shall convey to the State of Arizona and private land owners all or some interest in Federal land or any other asset of equal value within the State of Arizona, unless the lands or interests in lands are donated. (e) Transfer of Land to BIA.--Jurisdiction over the approximately 3.75 acres of Federal land identified for such purpose on the Map is hereby transferred from the National Park Service to the Bureau of Indian Affairs to allow for the widening and paving of the San Carlos Irrigation Project (Pima Lateral Canal).

Casa Grande Ruins National Monument Boundary Modification Act of 2004 - Modifies the boundary of the Casa Grande Ruins National Monument (Monument). Authorizes the Secretary of the Interior to acquire certain lands from the State of Arizona for the expansion of the boundaries of the Monument. Transfers jurisdiction over certain Federal land in the Monument from the National Park Service to the Bureau of Indian Affairs to allow for the widening and paving of the San Carlos Irrigation Project.

To modify the boundary of the Casa Grande Ruins National Monument, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Claims Guidance Act''. SEC. 2. RULES FOR ACTIONS UNDER FALSE CLAIMS PROVISIONS BASED ON CLAIMS SUBMITTED UNDER CERTAIN HEALTH CARE PROGRAMS. (a) In General.--Subchapter III of chapter 37 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 3734. Rules for certain actions based on health care claims ``(a) In General.--In the case of any action that is brought under this subchapter based on a claim submitted with respect to a federally funded health care program, the preceding provisions of this subchapter shall apply only to the extent that such provisions are consistent with the provisions of this section. ``(b) Actions if Amount of Damages Are Material Amount.-- Notwithstanding the preceding sections of this subchapter, no action may be brought under this subchapter based on a claim that is submitted under a federally funded health care program unless the amount of damages alleged to have been sustained by the United States Government with respect to such claim is a material amount. ``(c) Actions for Claims Submitted in Reliance on Official Guidance.--Notwithstanding the preceding sections of this subchapter, no action may be brought under this subchapter based on a claim submitted-- ``(1) in reliance on (and correctly using) erroneous information supplied by a Federal agency (or an agent thereof) about matters of fact at issue; or ``(2) in reliance on (and correctly applying) written statements of Federal policy which affects such claim provided by a Federal agency (or an agent thereof). ``(d) Action for Claims Submitted by Persons in Substantial Compliance With Model Compliance Plan.--Notwithstanding the preceding sections of this subchapter, no action may be brought under this subchapter based on a claim submitted by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). ``(e) Standard of Proof.--In any action brought under this subchapter with respect to a claim submitted to a federally funded health care program, section 3731(c) shall be applied by substituting `clear and convincing evidence' for `a preponderance of the evidence'. ``(f) Rule of Construction.--Nothing in this section shall be construed as limiting the authority of the Government of the United States to recoup or otherwise recover damages with respect to a claim submitted to a federally funded health care program under provisions of law other than this subchapter. ``(g) Definitions; Related Rules.--For purposes of this section-- ``(1) the term `claim' means a claim (as defined in section 3729(c)) made with respect to a federally funded health care program; ``(2) the term `damages' means the amount of any overpayment made by the United States Government with respect to a claim; ``(3) the term `federally funded health care program' means a program that provides health benefits, whether directly, through the purchase of insurance, or otherwise, that is established under-- ``(A) title XVIII, XIX, or XXI of the Social Security Act, or ``(B) title 10, United States Code; ``(4) the amount of damages alleged to have been sustained by the United States Government with respect to a claim submitted by (or on behalf of) a person shall be treated as a `material amount' only if such amount exceeds a proportion (specified in regulations promulgated by the Secretary of Health and Human Services in consultation with the Secretary of Defense) of the total of the amounts for which claims were submitted by (or on behalf of) such person-- ``(A) to the same federally funded health care program, and ``(B) for the same calendar year, as the claim upon which an action under this subchapter is based; ``(5) the regulations specifying the proportion referred to in paragraph (4) shall be based on the definition of the term `material' used by the American Institute of Certified Public Accountants as of the date of the enactment of this section; and ``(6) in determining whether an amount of damages is a `material amount' under paragraph (4), with respect to a person-- ``(A) the amount of damages for more than 1 claim may be aggregated only if the acts or omissions resulting in such damages were part of a pattern of related acts or omissions by such person, and ``(B) if damages for more than 1 claim are aggregated in accordance with subparagraph (A), the proportion referred to in such paragraph shall be determined by comparing the amount of such aggregate damages to the total of the amounts for which claims were submitted by (or on behalf of) such person to the same federally funded health care program for each of the calendar years for which any claim upon which such aggregate damages were based was submitted.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to actions brought under subchapter III of chapter 37 of title 31, United States Code, with respect to claims submitted before, on, and after the date of the enactment of this Act.

Health Care Claims Guidance Act - Amends Federal law relating to claims against the U. S. Government to prohibit any action under such provisions based on a claim submitted: (1) under a federally funded health care program unless the amount of damages alleged is a material amount; (2) in reliance on erroneous information supplied by a Federal agency or in reliance on written statements of Federal policy which affects such claim provided by a Federal agency; or (3) by a person that is in substantial compliance with a model compliance plan issued by the Secretary of Health and Human Services (in consultation with the Secretary of Defense). Requires that the Government prove an allegation of a false health care claim by clear and convincing evidence. Defines, for the amendments made by this Act, "federally funded health care program" to mean a program that provides health benefits, directly or otherwise, established under Social Security Act titles XVIII (Medicare), XIX (Medicaid), or XXI (Children's Health Insurance) or provisions of Federal law relating to the armed forces.

Health Care Claims Guidance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy University Nuclear Science, Engineering, and Health Physics Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) United States university nuclear science, engineering, and health programs are in a state of serious decline. The supply of bachelor degree nuclear science, engineering, and health physics personnel in the United States is lower than the number of jobs available, resulting in a shortage of these critical professionals. The number of 4-year degree nuclear engineering programs has declined 50 percent to approximately 25 programs nationwide. Over \2/3\ of the faculty in these programs are 45 years or older and there are few tenure track junior faculty positions available. (2) Universities are finding it increasingly difficult to fund the operational costs of their research and training reactors. Since 1980, the number of small training reactors in the United States has declined by over 50 percent to 27 reactors. Most of these reactors were built in the late 1950's and 1960's with 30- to 40-year operating licenses, and will require relicensing in the next several years. (3) The neglect in human investment and training infrastructure is affecting 50 years of national research and development investment. The decline in a competent nuclear workforce, and the lack of adequately trained nuclear scientists, engineers, and health physicists, will affect the ability of the United States to solve future waste storage issues, operate existing and design future fission reactors in the United States, respond to future nuclear events worldwide, help stem the proliferation of nuclear weapons, and design and operate naval nuclear reactors. (4) Future neglect in the Nation's investment in human resources for the nuclear sciences will lead to a downward spiral. As the number of nuclear science departments shrinks, faculties age, and training reactors close, the appeal of nuclear science will be lost to future generations of students. (5) Current projections are that 50 percent of industry's nuclear workforce can retire in 10 to 15 years, and 76 percent of the nuclear workforce at our national labs can retire in the next 5 years. A new supply of trained scientists and engineers to replace this retiring workforce is urgently needed. (6) The Department of Energy's Office of Nuclear Energy, Science, and Technology is well suited to help maintain tomorrow's human resource and training investment in the nuclear sciences. Through its support of research and development pursuant to the Department's statutory authorities, the Office of Nuclear Energy, Science, and Technology is the principal Federal agent for civilian research in the nuclear sciences for the United States. The Office maintains the Nuclear Engineering and Education Research Program which funds basic nuclear science and engineering. The Office funds the Nuclear Energy and Research Initiative which funds applied collaborative research among universities, industry, and national laboratories in the areas of proliferation-resistant fuel cycles and future fission power systems. The Office funds universities to refuel training reactors from highly enriched to low-enriched proliferation-tolerant fuels, performs instrumentation upgrades, and maintains a program of student fellowships for nuclear science, engineering, and health physics. SEC. 3. DEPARTMENT OF ENERGY PROGRAM. (a) Establishment.--The Secretary of Energy, through the Office of Nuclear Energy, Science, and Technology, shall support a program to invest in human resources and infrastructure in the nuclear sciences, engineering, and health physics fields, consistent with the Department's statutory authorities related to civilian nuclear research and development. (b) Duties.--In carrying out the program under this Act, the Secretary shall-- (1) establish a graduate and undergraduate fellowship program to attract new and talented students; (2) establish a Junior Faculty Research Initiation Grant Program to assist institutions of higher education in recruiting and retaining new faculty in the nuclear sciences, engineering, and health physics; (3) support fundamental nuclear sciences, engineering, and health physics research through the Nuclear Engineering Education Research Program; (4) encourage collaborative nuclear research and training among industry, National Laboratories, and institutions of higher education; and (5) support communication and outreach related to nuclear science, engineering, and health physics. (c) Strengthening University Research and Training Reactors and Associated Infrastructure.--Activities under this section may include-- (1) converting research reactors currently using high- enrichment fuels to low-enrichment fuels, upgrading operational instrumentation, and sharing of reactors among institutions of higher education; (2) providing technical assistance, in collaboration with the United States nuclear industry, in relicensing and upgrading training reactors as part of a student training program; and (3) providing funding, through the Innovations in Nuclear Infrastructure and Education Program, for reactor improvements as part of a focused effort that emphasizes research, training, and education. (d) University-DOE Laboratory Interactions.--The Secretary of Energy, through the Office of Nuclear Energy, Science, and Technology, shall develop-- (1) a sabbatical fellowship program for professors at institutions of higher education to spend extended periods of time at Department of Energy laboratories in the areas of nuclear science and technology; and (2) a visiting scientist program in which National Laboratory staff can spend time in academic nuclear science, engineering, and health physics departments. The Secretary may under subsection (b)(1) provide fellowships for students to spend time at National Laboratories in the areas of nuclear science, engineering, and health physics with a member of the Laboratory staff acting as a mentor. (e) Operations and Maintenance.--Funding for a research project provided under this section may be used to offset a portion of the operating and maintenance costs of a research reactor at an institution of higher education used in the research project. (f) Merit Review Required.--All grants, contracts, cooperative agreements, or other financial assistance awards under this Act shall be made only after independent merit review. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Total Authorization.--The following sums are authorized to be appropriated to the Secretary of Energy, to remain available until expended, for the purposes of carrying out this Act: (1) $35,200,000 for fiscal year 2005. (2) $44,350,000 for fiscal year 2006. (3) $49,200,000 for fiscal year 2007. (4) $54,950,000 for fiscal year 2008. (b) Graduate and Undergraduate Fellowships.--Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(1): (1) $3,000,000 for fiscal year 2005. (2) $3,100,000 for fiscal year 2006. (3) $3,200,000 for fiscal year 2007. (4) $3,200,000 for fiscal year 2008. (c) Junior Faculty Research Initiation Grant Program.--Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(2): (1) $2,275,000 for fiscal year 2005. (2) $3,675,000 for fiscal year 2006. (3) $4,150,000 for fiscal year 2007. (4) $5,150,000 for fiscal year 2008. (d) Nuclear Engineering Education Research and Nuclear Health Physics.--Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(3): (1) $11,000,000 for fiscal year 2005, of which $3,000,000 shall be for the nuclear health physics. (2) $15,600,000 for fiscal year 2006, of which $3,600,000 shall be for the nuclear health physics. (3) $17,000,000 for fiscal year 2007, of which $4,000,000 shall be for the nuclear health physics. (4) $19,000,000 for fiscal year 2008, of which $4,500,000 shall be for the nuclear health physics. (e) Communication and Outreach Related to Nuclear Science, Engineering, and Health Physics.--Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(b)(5): (1) $500,000 for fiscal year 2005. (2) $550,000 for fiscal year 2006. (3) $600,000 for fiscal year 2007. (4) $650,000 for fiscal year 2008. (f) Refueling of Research Reactors and Instrumentation Upgrades.-- Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(1): (1) $6,000,000 for fiscal year 2005. (2) $6,500,000 for fiscal year 2006. (3) $7,000,000 for fiscal year 2007. (4) $7,500,000 for fiscal year 2008. (g) Relicensing Assistance.--Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(2): (1) $700,000 for fiscal year 2005. (2) $1,100,000 for fiscal year 2006. (3) $1,200,000 for fiscal year 2007. (4) $1,300,000 for fiscal year 2008. (h) Innovations in Nuclear Infrastructure and Education Program.-- Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(c)(3): (1) $10,000,000 for fiscal year 2005. (2) $12,000,000 for fiscal year 2006. (3) $14,000,000 for fiscal year 2007. (4) $15,000,000 for fiscal year 2008. (i) University-DOE Laboratory Interactions.--Of the funds authorized under subsection (a), the following sums are authorized to be appropriated to carry out section 3(d): (1) $1,725,000 for fiscal year 2005. (2) $1,825,000 for fiscal year 2006. (3) $2,050,000 for fiscal year 2007. (4) $3,150,000 for fiscal year 2008.

Department of Energy University Nuclear Science, Engineering, and Health Physics Act - Instructs the Secretary of Energy, acting through the Office of Nuclear Energy, Science and Technology, to support a program to invest in human resources and infrastructure in the nuclear sciences, engineering, and health physics fields. Directs the Secretary to: (1) promote interactions between university and Department of Energy (DOE) laboratories; and (2) provide student fellowships at DOE nuclear science laboratories. Authorizes appropriations through FY 2008 that target: (1) graduate and undergraduate fellowships; (2) junior faculty research initiation grant programs; (3) nuclear engineering and education research programs; (4) communication and outreach related to nuclear science, engineering, and health physics; (5) refueling research reactors and instrumentation upgrades; (6) relicensing assistance; (7) reactor improvements through the innovations in the Nuclear Infrastructure and Education Program; and (8) university-DOE laboratory interactions.

To authorize funding for University Nuclear Science, Engineering, and Health Physics Programs at the Department of Energy for fiscal years 2005 through 2008.

SECTION 1. TAX-EXEMPT FINANCING OF ENVIRONMENTAL REMEDIATION OF QUALIFIED CONTAMINATED SITES. (a) In General.--Subsection (e) of section 141 of the Internal Revenue Code of 1986 (defining qualified bond) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a qualified contaminated site remediation bond, or''. (b) Qualified Contaminated Site Remediation Bond.--Section 144 of such Code is amended by adding at the end thereof the following new subsection: ``(d) Qualified Contaminated Site Remediation Bond.--For purposes of this part-- ``(1) In general.--The term `qualified contaminated site remediation bond' means any bond issued as part of an issue 95 percent or more of the proceeds of which are to finance-- ``(A) the acquisition of a qualified contaminated site, or ``(B) the costs of environmental remediation with respect to such a site which is owned by the person incurring such costs. ``(2) Limitations.-- ``(A) In general.--Such term shall not include any bond issued to provide financing with respect to a qualified contaminated site if-- ``(i) any amount of such financing is provided directly or indirectly to any ineligible person, ``(ii) less than 60 percent of the amount of the financing so provided with respect to such site is for costs described in paragraph (1)(B), or ``(iii) the amount of the financing so provided to acquire such site exceeds the excess of-- ``(I) the fair market value of the site after the completion of the environmental remediation, over ``(II) the amount of the financing so provided with respect to such site for costs described in paragraph (1)(B). ``(B) Ineligible person.--For purposes of subparagraph (A), a person is an ineligible person with respect to any site if-- ``(i) at any time on or before the date of the enactment of this subsection such person was the owner or operator of any business on such site, ``(ii) at any time before, on, or after such date of enactment such person-- ``(I) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(II) had accepted any hazardous materials for transport to such site, or ``(iii) the person is related to any person referred to in clause (i) or (ii). ``(C) Related Person.--For purposes of this paragraph, persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). ``(3) Restriction on land acquisition not to apply.-- Section 147(c) shall not apply to any qualified contaminated site remediation bond. ``(4) Qualified contaminated site.-- ``(A) In general.--For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: ``(i) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(ii) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(iii) Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. ``(B) Appropriate agency.--For purposes of subparagraph (A), the appropriate agency is-- ``(i) the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or ``(ii) if the agency described in clause (i) designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. ``(5) Hazardous, toxic, or dangerous substance.--For purposes of this subsection, any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), ``(B) the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or ``(C) any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. ``(6) Environmental remediation.--For purposes of this subsection, the term `environmental remediation' means-- ``(A) removal or remediation activity, including soil and ground water remediation, ``(B) restoration of natural, historic, or cultural resources at the site or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(C) health assessments or health effects studies, ``(D) environmental investigations, ``(E) remediation of off-site contamination caused by activity on the site, and ``(F) any other costs reasonably required by reason of the environmental conditions of the site including demolition of existing contaminated structures, site security, and permit fees necessary for remediation.'' (c) Clerical Amendments.-- (1) The section heading for section 144 of such Code is amended by inserting before the period ``; qualified contaminated site remediation bond''. (2) The table of sections for subpart A of part IV of subchapter B of chapter 1 of such Code is amended by inserting before the period at the end of the item relating to section 144 ``; qualified contaminated site remediation bond''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.

Amends the Internal Revenue Code to permit, as specified, the issuance of tax-exempt qualified contaminated site remediation bonds.

To amend the Internal Revenue Code of 1986 to permit the issuance of tax-exempt bonds to finance environmental remediation of contaminated sites.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Criminal Alien Assistance Program II''. SEC. 2. PURPOSE. The purpose of this Act is to assist States and units of local governments by providing financial assistance for costs incurred by such States and local governments for processing illegal immigrants through their law enforcement and criminal justice systems. SEC. 3. REIMBURSEMENT OF INDIRECT COSTS RELATING TO THE INCARCERATION OF ILLEGAL ALIENS. (a) In General.--Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (1) in subsection (a), by striking ``a State for'' and all that follows through ``State'' and inserting the following: ``each State and unit of local government for-- ``(1) costs incurred by the State or unit of local government for the imprisonment of any illegal alien who is convicted of a felony by such State; and ``(2) indirect costs related to the imprisonment described in paragraph (1).''; and (2) by striking subsections (c) through (e) and inserting the following: ``(c) Definitions.--As used in this section-- ``(1) the term `indirect costs' includes costs relating to-- ``(A) court proceedings, attorneys for units of local government, and detention of illegal aliens; ``(B) indigent defense; ``(C) State and local prosecution; ``(D) autopsies; and ``(E) translation and interpreter services; and ``(2) the term `State' has the meaning given such term in section 1101(a)(36) of this title. ``(d) Authorization of Appropriations.--There are authorized to be appropriated $500,000,000 for each of the fiscal years 2006 through 2009 to carry out subsection (a)(2).''. (b) State Allocations.-- (1) Based on percentage of undocumented aliens.-- (A) In general.--From the amount appropriated for a fiscal year pursuant to section 501(d) of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365(d)), the Attorney General shall allocate $333,000,000 for States and units of local government in accordance with subparagraph (B). (B) Formula.--The amount allocated under this paragraph for each State (including units of local government within such State) for a fiscal year shall be equal to the product of-- (i) the total amount available to be allocated under this paragraph for that fiscal year; and (ii) the percentage of undocumented aliens residing in the State compared to the total number of such aliens residing in all States, as determined by the Statistics Division of the Immigration and Naturalization Service, as of January 2005, based on the 2000 decennial census. (2) Based on number of undocumented alien apprehension states.-- (A) In general.--From the amount appropriated for a fiscal year pursuant to such section 501(d), the Attorney General shall allocate $167,000,000, in addition to amounts allocated under paragraph (1), for each of the 6 States with the highest number of undocumented alien apprehensions for such fiscal year. (B) Determination of allotments.--The amount allocated under this paragraph for a fiscal year for each State described in subparagraph (A) (including units of local government within each such State) shall be equal to the product of-- (i) the total amount available to be allocated under this paragraph for the fiscal year; and (ii) the percentage of undocumented alien apprehensions in the State in that fiscal year compared to the total of such apprehensions for all such States for the preceding fiscal year. (C) Data.--For purposes of this paragraph, the highest number of undocumented alien apprehensions for a fiscal year shall be based on the apprehension rates for the 4-consecutive-quarter period ending before the beginning of the fiscal year for which information is available for undocumented aliens in such States, as reported by the Department of Homeland Security.

State Criminal Alien Assistance Program II - Amends the Immigration and Reform and Control Act of 1986 to provide for the reimbursement of State and local costs incurred for: (1) the imprisonment of any illegal alien who is convicted of a felony by such State; and (2) indirect costs including court proceedings, attorneys for local government, illegal alien detention, indigent defense, State and local prosecution, autopsies, and translation and interpreter services. Obligates reimbursement funds. Allocates such amount based upon the percentage of undocumented aliens in a State compared to the total number of undocumented aliens in all States. Obligates additional funds for each of the six States with the highest number of apprehended undocumented aliens.

A bill to reimburse States and local governments for indirect costs relating to the incarceration of illegal criminal aliens.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family-Friendly Employer Award Act''. SEC. 2. DEFINITIONS. In this Act: (1) Employer.--The term ``employer''-- (A) means any person (as defined in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 202(a))) engaged in commerce or in any industry or activity affecting commerce; and (B) includes any agency of a State, or political subdivision thereof. The term does not include the Government of the United States or any agency thereof. (2) Secretary.--The term ``Secretary'' means the Secretary of Defense. SEC. 3. ESTABLISHMENT OF MILITARY FAMILY-FRIENDLY EMPLOYER AWARD. (a) In General.--There is established in the Department of Defense an annual award to be known as the Military Family-Friendly Employer Award (hereafter referred to in this Act as the ``Award'') for employers that have developed and implemented workplace flexibility policies and practices-- (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment, so that the needs of the home may be addressed during and after such deployments; and (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. (b) Plaque.--The Award shall be evidenced by a plaque bearing the title ``Military Family-Friendly Employer Award''. (c) Application.-- (1) In general.--An employer desiring consideration for an Award shall submit an application to the Secretary at such time, in such manner, and containing such information as such Secretary may require. (2) Reapplication.--An employer may reapply for an Award, regardless of whether the employer has been a previous recipient of such Award. (d) Display on Web Site.--The Secretary shall make publically available on its Internet Web site the names of each recipient of the Award. (e) Presentation of Award.--The Secretary (or the Secretary's designee) shall present annually the Award to employers under this section. SEC. 4. MILITARY FAMILY-FRIENDLY SPECIAL TASK FORCE. (a) Establishment.--There is established within the Department of Defense a Military Family-Friendly Special Task Force (hereafter referred to in this Act as the ``Task Force''). (b) Composition.-- (1) In general.--The Task Force shall be composed of 9 members to be appointed as follows: (A) The Secretary shall appoint one individual to serve as the chairperson of the Task Force. (B) The Secretary, in consultation with the Secretary of Labor and based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint-- (i) two members who shall be work-life experts; and (ii) two members who shall be representatives of the general business community. (C) The Secretary, based on recommendations made by the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives, shall appoint-- (i) two members who shall be experts on the Armed Forces; and (ii) two members who shall be representatives of families with one or more members serving in the Armed Forces. (2) Qualifications.--In appointing members of the Task Force the Secretary shall ensure-- (A) that such members are individuals with knowledge and experience in workplace flexibility policies as such policies relate to services in and support for the Armed Forces; (B) that not more than 2 members appointed under paragraph (1)(B) are from the same political party; and (C) that not more than 2 members appointed under paragraph (1)(C) are from the same political party. (3) Terms.-- (A) In general.--Except as provided under subparagraphs (B) and (C), each member of the Task Force shall be appointed for 2 years and may be reappointed. (B) Terms of initial appointees.--As designated by the Secretary at the time of appointment, of the members of the Task Force first appointed, 4 shall each be appointed for a 1-year term and the remainder shall each be appointed for a 2-year term. (C) Vacancies.--Any member of the Task Force appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (4) Limitation.--The Secretary may not appoint any Member of Congress to the Task Force. (c) Duties.--The Task Force shall-- (1) develop and review military-centered questions for integration into the award model for determining which applicant employers should receive an Award; (2) determine how such questions should be weighed in making Award determinations what threshold should be used as the minimum for making such Awards; (3) review responses to a sample of such questions posed as part of any questionnaire used for purposes of making such Awards; (4) consider private sector award models such as the Malcolm Baldrige National Quality Award or the Alfred P. Sloan Award for Business Excellence in Workplace Flexibility; (5) determine criteria for the delivery of the Award; and (6) carry out any other activities determined appropriate by the Secretary. (d) Operations.-- (1) Meetings.-- (A) In general.--Except for the initial meeting of the Task Force under subparagraph (B), the Task Force shall meet at the call of the chairperson or a majority of its members. (B) Initial meeting.--The Task Force shall conduct its first meeting not later than 90 days after the appointment of all of its members. (2) Voting and rules.--A majority of members of the Task Force shall constitute a quorum to conduct business. The Task Force may establish by majority vote any other rules for the conduct of the business of the Task Force, if such rules are not inconsistent with this section or other applicable law. (3) Compensation and travel.--All members of the Task Force shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of duties of the Task Force. The members of the Task Force shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. SEC. 5. REGULATIONS. The Secretary may prescribe regulations to carry out the purposes of this Act.

Military Family-Friendly Employer Award Act - Establishes in the Department of Defense (DOD) an annual award to be known as the Military Family-Friendly Employer Award (Award) for non-federal employers who have developed and implemented workplace flexibility policies and practices: (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment; and (2) that reflect a deep awareness and commitment in response to the needs of the military family unit. Establishes in DOD a Military Family-Friendly Special Task Force to provide specified assistance in the making of such Awards.

A bill to establish the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies to assist the working spouses and caregivers of service members, and returning service members, in addressing family and home needs during deployments.

That (a)(1) sections 1861(e)(9) and 1861(j)(15) of the Social Security Act (relating to qualifications of hospitals and skilled nursing facilities) are each amended by striking out ``health and safety'' and inserting in lieu thereof ``health, safety, and rights''. (2) Section 1864(c) of such Act is amended by striking out ``health and safety of patients'' and inserting in lieu thereof ``the health, safety, and rights of patients''. (b) Part C of title XVIII of such Act is amended by adding after section 1881 the following new sections: ``rights of patients of certain long-term care facilities ``Sec. 1882. (a) In prescribing standards under subsections (e)(9) and (j)(15) of section 1861 with respect to the rights of individuals (hereinafter in this section and section 1883 referred to as `patients') furnished services in an institution which has (as determined by the Secretary) an average duration-of-stay of more than 30 days (such an institution hereinafter in this section and section 1183 referred to as a `facility'), the Secretary shall-- ``(1) require the governing board of the facility to establish written policies, consistent with the rights set forth in subsection (b), regarding the rights and responsibilities of patients and, through the administrator of the facility, to develop and adhere to procedures for implementing such policies; ``(2) require the facility to make these policies and procedures available to the public, patients, guardians, and relatives of patients, and to any relative or other person serving as a representative payee of a patient pursuant to section 205(j) of this Act; and ``(3) require the staff of the facility to be trained and involved in the implementation of these policies and procedures. ``(b) A facility's policies and procedures regarding rights of patients of the facility must at least ensure that the following patients' rights are provided: ``(1) Information on patient rights.--A patient's right to be fully informed, as evidenced by the patient's written acknowledgment, before or at the time of admission and during stay of these rights and of all rules and regulations governing patient conduct and responsibility. ``(2) Information on services and charges.--A patient's right (A) to be fully informed, and given a written statement before or at the time of admission and during stay, of services available in the facility and of related charges for such services, including any charges for services not covered under this title or title XIX or not covered by the facility's basic per diem rate, and (B) to be informed in writing at least 30 days in advance of any changes in the availability of services or in the charges for these services. ``(3) Information on and participation in medical treatment.--A patient's right (A) to be fully informed by a physician of the patient's medical condition, unless medically contraindicated for a specified and limited period of time (as documented, by a physician, in the patient's medical record), (B) to be afforded the opportunity to participate in the planning of his medical treatment, and (C) to refuse to participate in experimental research. ``(4) Conditions of transfer or discharge.--A patient's right (A) to be transferred within the facility or discharged from the facility only for medical reasons, for his welfare or that of other patients, or for nonpayment of his stay (except as prohibited by this title or title XIX), (B) to be informed before admission of the causes for such a transfer or discharge, (C) to be given 30 days' advance notice of such a transfer or discharge (except for emergencies threatening the health or safety of the patient), and (D) to be given sufficient preparation and orientation to ensure safe and orderly transfer or discharge and adjustment and to have this preparation and orientation documented in his medical record. ``(5) Grievances.--A patient's right to be assisted, throughout his period of stay, in his exercise of his rights as a patient and as a citizen, and to this end the patient's right to file complaints under section 1883, voice grievances, and recommend changes in policies and service to the staff of the facility and to outside representatives of his choice (including representatives of governmental agencies administering the programs under this title and title XIX) free from restraint, interference, coercion, discrimination, or reprisal. ``(6) Management of personal financial affairs.--A patient's right to manage his personal financial affairs or be given, at least quarterly, an itemized accounting of financial transactions made on his behalf whenever the facility accepts his written delegation of this responsibility for any period of time in conformance with State law. ``(7) Freedom from abuse and restraints.--A patient's right-- ``(A) to be free from mental and physical abuse, and ``(B) to be free from chemical and physical restraints, except (i) as authorized in writing by a physician for a specified and limited period of time, or (ii) in emergencies when necessary to protect the patient from injury to himself or to others (in which case notice of the use of such restraints, and an explanation of the circumstances thereof, shall be promptly provided to the attending physician and noted in the patient's medical record). ``(8) Confidentiality of treatment and medical records.--A patient's right-- ``(A) to be assured confidential treatment of his personal and medical records, and ``(B) to approve or refuse the release of such records to any individual outside the facility, except in the case of a transfer to another health care institution or as required by law or third-party payment contract. ``(9) Dignity and privacy.--A patient's right to be treated with consideration, respect, and full recognition of his dignity and individuality, including privacy in treatment and in care for his personal needs. ``(10) Work requirements.--A patient's right not to be required to perform services for the facility. ``(11) Freedom of association.--A patient's right to associate and communicate privately (in writing or otherwise) with persons of his choice. ``(12) Participation in activities of choice.--A patient's right to meet with, and participate in activities of, social, religious, and community groups at his discretion. ``(13) Use of personal possessions.--A patient's right to retain and use his personal clothing and possessions as space permits, unless to do so would infringe upon rights of other patients, and to be provided security in storing possessions. ``(14) Privacy for married patients.--A married patient's right to be assured privacy in visits by the patient's spouse and, if spouses are both patients in the facility, the right of the patients to share the same room if they so desire. ``(c) The patient's rights and responsibilities specified in paragraphs (1) through (4) of subsection (b), as they pertain to a patient adjudicated incompetent in accordance with State law, devolve to the patient's guardian, next of kin, sponsoring agency (or agencies), or relative or other person serving as representative payee under section 205(j) of this Act (except when the facility itself is representative payee). ``enforcement of patient's rights ``Sec. 1883. (a) The Secretary shall establish, by regulation, a schedule of the maximum amount of civil penalties which may be imposed under this section for the violation of each of the patient's rights set forth in section 1882(b). No such penalty shall exceed $500 for a single violation, except that the civil penalty for a violation of a patient's right, under paragraph (5) of such section, to file a complaint under this section free from restraint, interference, coercion, discrimination, or reprisal shall not exceed $1,000. The Secretary shall define in those regulations what constitutes a separate violation for purposes of this section. ``(b)(1) Any patient, or any person on behalf of such a patient, who claims to have had a right under section 1882(b) violated by the facility may submit a complaint, written or oral, with the appropriate enforcing agency (as defined in subsection (f)). No such complaint with respect to a violation shall be considered by an enforcing agency under this section unless it is filed with the agency within 180 days after the date the alleged violation occurred. ``(2) Upon receiving a complaint concerning a facility under paragraph (1), an enforcing agency shall promptly notify the facility of the complaint (including the date, place, and circumstances of the alleged violation), shall investigate the complaint (keeping confidential insofar as possible the identity of the complainant and the name of the patient or patients involved if the complainant is not such a patient), and shall provide the complainant with a written report thereon within 30 days of the date the complaint was filed. A copy of the report of the agency, including the complaint (with identities of the complainant and any patients deleted), shall be made part of the permanent files of the agency and made available to the public. ``(c)(1)(A) If, as a result of an investigation conducted under subsection (b)(2), the enforcing agency determines that a facility has not violated any patients' rights under section 1882(b), the enforcing agency shall notify the facility and the complainant of such determination. ``(B) If, as a result of such an investigation, the enforcing agency determines that a facility has violated one or more patients' rights under section 1882(b), the enforcing agency shall endeavor to provide appropriate adjustment with respect to any such alleged violation (and to prevent future similar violations) by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as part of such informal endeavors may be made public by the enforcing agency or used as evidence in a subsequent proceeding without the written consent of the persons concerned. If after such endeavors (but in a period no longer than 30 days), the enforcing agency is not able to secure from the facility a conciliation agreement or other understanding acceptable to the agency and the complainant, the agency shall assess against the facility a civil penalty (determined in accordance with the schedule developed under subsection (a)) by an order made-- ``(i) after written notice (including notice of the enforcing agency's proposed order and the facility's opportunity to request, within 15 days after the date the notice is received, a hearing on the proposed order), and ``(ii) after opportunity for a hearing in accordance with procedures to be specified by the Secretary in regulations. ``(2) Such an order shall provide that the penalty shall be paid (in accordance with subsection (d)(2)) to the enforcing agency and the agency shall promptly make payment to patients (or heirs of patients, in the case of deceased patients) in accordance with the penalties assessed for violation of their rights. Notwithstanding any other provision of law, civil penalties paid to any individual in accordance with this paragraph shall not constitute income or resources or otherwise be taken into account (A) for purposes of determining the eligibility of the individual, or the family or household of the individual, for assistance under a State plan approved under title XIX, or for aid, assistance, or benefits in any form under any Federal program, or any State or local program financed in whole or in part with Federal funds, which conditions such eligibility to any extent upon the income or resources of the individual, family, or household, or (B) for purposes of determining the amount or extent of such aid, assistance, or benefits. ``(3) An enforcing agency may suspend imposition of an order of assessment against a facility if the facility can provide assurances, satisfactory to the agency, that the facility has taken such actions as will prevent the reoccurrence of the violation (and similar violations) from which the order results. To the extent that the enforcing agency determines, based on a later complaint or investigation, that such actions have not been taken in accordance with such assurances, the agency shall reimpose such an order. ``(d)(1)(A) Not later than 60 days after the final action of an enforcing agency with respect to a complaint or suspension of an order of assessment under this section, any person adversely affected or aggrieved by the action is entitled to judicial review thereof in the appropriate United States district court or State court of competent jurisdiction. The provisions of sections 701(b)(2), and 702 through 706 of title 5, United States Code, shall apply to such reviews. ``(B) Where a patient or facility brings an action for review of a determination by an enforcing agency which is not in the patient's or facility's favor, respectively, and the action is determined to constitute harassment of the facility or patient, respectively, the patient or facility shall be liable to the enforcing agency for all the agency's legal fees and costs (including reasonable attorney's fees) in connection with the action. ``(2)(A) If an enforcing agency has issued a final order of an assessment of a penalty against a facility and-- ``(i) the order has not been suspended under subsection (c)(3), the facility shall pay the amount of the penalty to the enforcing agency within 60 days after the date the order becomes final, or ``(ii) the order has been suspended but has been reimposed, the facility shall pay the amount of the penalty to the enforcing agency within 60 days after the date the order was reimposed. ``(B)(i) The agency will hold any such amounts paid to it in escrow and, except as provided in clause (ii), shall make payment of it, in accordance with subsection (b)(2), at the end of the applicable 60-day period described in subparagraph (A). ``(ii) If judicial review of such an order of an enforcing agency has been sought, the agency shall make payment of any penalty collected at the conclusion of the review and in accordance with the order of the court. ``(3) If a facility fails to make timely payment of a civil penalty according to paragraph (2), the enforcing agency shall recover the amount assessed (plus interest at currently prevailing rates from the last date of such 60-day period) in an action brought in any appropriate district court of the United States or State court of competent jurisdiction and shall hold or transfer it in the manner provided in that paragraph. ``(e) The imposition of a civil penalty under this section shall not preclude, and shall be in addition to, any other monetary damages recoverable by, or other relief available to, patients or enforcing agencies as a result of violation of patients' rights. ``(f) For purposes of this section, the term `enforcing agency' means, with respect to an alleged violation occurring in a State in which the Secretary-- ``(1) has entered into an agreement under section 1864(d)(1), the appropriate State or local agency or agencies specified in that agreement, or ``(2) has not entered into such an agreement, such office within the Department of Health, Education, and Welfare as the Secretary shall designate by regulation.''. (c) Section 1864 of such Act is amended by adding at the end the following new subsection: ``(d)(1) The Secretary shall make an agreement with any State which is able and willing to do so and has an agreement under subsection (a) under which the agency (or agencies) under subsection (a) will serve as an appropriate agency for the purpose of enforcing patients' rights under section 1883. The Secretary shall pay for the services of such an agency in the manner prescribed in subsection (b). ``(2) Any agreement under this section with a State with regard to determining whether a facility meets the standards relating to patients' rights and described in section 1882 shall include a provision that each routine certification survey of such a facility shall include a private meeting between patients and survey personnel to discuss patients' experiences within the facility as regards such rights and compliance with such standards generally.''. (d) Section 1865(a) of such Act is amended by inserting after the second sentence the following new sentence: ``No institution shall be so deemed to meet standards relating to patients' rights and described in section 1882 unless the accreditation survey of the institution includes a private meeting between patients and survey personnel to discuss patients' experiences within the institution as regards such rights and compliance with such standards generally.''. Sec. 2. The Secretary of Health, Education, and Welfare shall first publish proposed regulations for carrying out the amendments made by this Act not later than six months after the date of the enactment of this Act and such regulations shall first become final and fully effective on the first day of the ninth month which begins after the date of the enactment of this Act.

Amends title XVIII (Medicare) of the Social Security Act to require the governing boards of hospitals and skilled nursing facilities having an average duration of patient stay of more than 30 days to establish written policies guaranteeing specified rights of patients, including: (1) information on services and charges; (2) information on and participation in medical treatment; (3) conditions of transfer or discharge; (4) grievances; (5) management of personal financial affairs; (6) freedom from abuse and restraints; (7) confidentiality of records; and (8) freedom of association. Directs the Secretary of Health and Human Services to establish civil penalties for the violation of such rights. Sets forth provisions concerning the processing and investigation of complaints arising from such violations.

To amend title XVIII of the Social Security Act to provide for the enforcement of standards relating to the rights of patients in certain medical facilities.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Power Administration Sale Authorization Act''. SEC. 2. SALE OF SNETTISHAM AND EKLUTNA HYDROELECTRIC PROJECTS. (a) The Secretary of Energy may sell the Snettisham Hydroelectric Project (referred to in this Act as ``Snettisham'') to the State of Alaska Power Authority (now known as Alaska Industrial Development and Export Authority, and referred to in this Act as the ``Authority''), or its successor, in accordance with the February 10, 1989, Snettisham Purchase Agreement between the Alaska Power Administration of the Department of Energy and the Authority. (b) The Secretary of Energy may sell the Eklutna Hydroelectric Project (referred to in this Act as ``Eklutna'') to the Municipality of Anchorage doing business as Municipal Light and Power, the Chugach Electric Association, Inc., and the Matanuska Electric Association, Inc. (referred to in this Act as ``Eklutna Purchasers''), in accordance with the August 2, 1989, Eklutna Purchase Agreement between the Department of Energy and the Eklutna Purchasers. (c) The heads of other affected Federal departments and agencies, including the Secretary of the Interior, shall assist the Secretary of Energy in implementing the sales authorized by this section. (d) The Secretary of Energy shall deposit sale proceeds in the Treasury of the United States to the credit of miscellaneous receipts. (e) There are authorized to be appropriated such sums as are necessary to prepare or acquire Eklutna and Snettisham assets for sale and conveyance. Such preparation shall provide sufficient title to ensure the beneficial use, enjoyment, and occupancy to the purchasers assets to be sold. (f) The sales authorized in this section shall occur not later than 1 year after the date of enactment of legislation defining ``first use'' of Snettisham for purposes of section 147(d) of the Internal Revenue Code of 1986, to be considered to occur pursuant to acquisition of the property by or behalf of the State of Alaska. SEC. 3. EXEMPTION. (a)(1) After the sales authorized by section 2 occur, Eklutna and Snettisham, including future modifications, shall continue to be exempt from the requirements of the Federal Power Act (15 U.S.C. 79a et seq.) including its requirements with respect to applications, permits, licenses, and fees, unless a future modification of Eklutna or Snettisham affects Federal lands not used for the two projects when this Act takes effect. (2) The exemptions in paragraph (1) are subject to the Memorandum of Agreement entered into between the State of Alaska, the Eklutna Purchasers, the Authority, and Federal fish and wildlife agencies regarding the protection, mitigation of, damages to, and enhancement of fish and wildlife, dated August 7, 1991, remaining in full force and effect. (3) Nothing in this Act or Federal Power Act preempts the State of Alaska from carrying out the responsibilities and authorities of the Memorandum of Agreement. (b)(1) The United States District Court for the District of Alaska has jurisdiction to review decisions made under the Memorandum of Agreement and enforce the provisions of the Memorandum of Agreement, including the remedy of specific performance. (2) An action seeking review of a Fish and Wildlife Program of the Governor of Alaska under the Memorandum of Agreement or challenging actions of any of the parties to the Memorandum of Agreement prior to the adoption of the program shall be brought not later than 90 days after the date on which the program is adopted by the Governor of Alaska, or be barred. (3) An action seeking review of implementation of the program shall be brought not later than 90 days after the challenged act implementing the program, or be barred. (c) With respect to Eklutna lands described in Exhibit A of the Eklutna Purchase Agreement: (1) The Secretary of the Interior shall issue rights-of-way to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers-- (A) at no cost to Eklutna Purchasers; (B) to remain effective for a period equal to the life of Eklutna as extended by improvements, repairs, renewals, or replacements; and (C) sufficient for operation, maintenance, repair, and replacement of, and access to, Eklutna facilities located on military lands and lands managed by the Bureau of Land Management, including land selected by the State of Alaska. (2) If the Eklutna Purchasers subsequently sell or transfer Eklutna to private ownership, the Bureau of Land Management may assess reasonable and customary fees for continued use of the rights-of-way on lands managed by the Bureau of Land Management and military lands in accordance with current law. (3) Fee title to lands at Anchorage Substation shall be transferred to Eklutna Purchasers at no additional cost if the Secretary of the Interior determines that pending claims to and selection of those lands are invalid or relinquished. (4) With respect only to approximately 853 acres of Eklutna lands identified in paragraph 1. a, b, and c. of Exhibit A of the Eklutna Purchase Agreement, the State of Alaska may select and the Secretary of the Interior shall convey to the State improved lands under the selection entitlements in section 6(a) of the Act of July 7, 1958 (Public Law 85-508; 79 Stat. 339) and the North Anchorage Land Agreement of January 31, 1983. The conveyance is subject to the rights-of-way provided to the Eklutna Purchasers under paragraph (1). (d) With respect to the approximately 2,671 acres of Snettisham lands identified in paragraphs 1. a. and b. of Exhibit A of the Snettisham Purchase Agreement, the State of Alaska may select and the Secretary of the Interior shall convey to the State improved lands under the selection entitlement in section 6(a) of the Act of July 7, 1958. (e) Not later than 1 year after both of the sales authorized in section 2 have occurred, as measured by the transaction dates stipulated in the Purchase Agreements and by section 2(f), the Secretary of Energy shall-- (1) complete the business of, and close out, the Alaska Power Administration; (2) prepare and submit to Congress a report documenting the sales; and (3) return unused balances of funds appropriated for the Alaska Power Administration to the Treasury of the United States. (f) The Act of July 31, 1950 (64 Stat. 382) is repealed effective on the date, as determined by the Secretary of Energy, when all Eklutna assets have been conveyed to the Eklutna Purchasers. (g) Section 204 of the Flood Control Act of 1962 (Public Law 87- 874; 76 Stat. 1193) is repealed effective on the date, as determined by the Secretary of Energy, when all Snettisham assets have been conveyed to the Authority. (h) As of the later of the two dates determined in subsections (f) and (g), section 302(a) of the Department of Energy Organization Act (42 U.S.C. 7152(a)) is amended-- (1) in paragraph (1)-- (A) by striking out subparagraph (C); and (B) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (C), (D), and (E) respectively; and (2) in paragraph (2), by striking out ``the Bonneville Power Administration, and the Alaska Power Administration'' and inserting in lieu thereof ``and the Bonneville Power Administration''. (i) The Act of August 9, 1955 (69 Stat. 618), concerning water resources investigations in Alaska, is repealed. (j) The sales of Eklutna and Snettisham under this Act are not considered a disposal of Federal surplus property under the following provisions of law: (1) Section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484). (2) Section 13 of the Surplus Property Act of 1944 (50 U.S.C. App. 1622).

Alaska Power Administration Sale Authorization Act - Authorizes the Secretary of Energy to sell: (1) the Snettisham Hydroelectric Project to the State of Alaska Power Authority; and (2) the Eklutna Hydroelectric Project to the Municipality of Anchorage. Directs the Secretary to deposit sale proceeds into the miscellaneous receipts of the Treasury. Declares that both Projects shall continue to be exempt from Federal Power Act requirements (subject to a certain Memorandum of Agreement). Grants the U.S. District Court for the District of Alaska jurisdiction to review and enforce such Memorandum, including the remedy of specific performance. Directs the Secretary of the Interior to: (1) issue rights-of-way with respect to certain Eklutna lands to the Alaska Power Administration for subsequent reassignment to the Eklutna Purchasers; and (2) convey to the State of Alaska (with respect to certain Snettisham lands) improved lands under certain statutory selection entitlements.

Alaska Power Administration Sale Authorization Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Nonprofit Research and Education Corporations Enhancement Act of 2008''. SEC. 2. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS. (a) Authorization of Multi-Medical Center Research Corporations.-- (1) In general.--Section 7361 of such title is amended-- (A) by redesignating subsection (b) as subsection (e); and (B) by inserting after subsection (a) the following new subsection (b): ``(b)(1) Subject to paragraph (2), a corporation established under this subchapter may facilitate the conduct of research, education, or both at more than one medical center. Such a corporation shall be known as a `multi-medical center research corporation'. ``(2) The board of directors of a multi-medical center research corporation under this subsection shall include the official at each Department medical center concerned who is, or who carries out the responsibilities of, the medical center director of such center as specified in section 7363(a)(1)(A)(i) of this title. ``(3) In facilitating the conduct of research, education, or both at more than one Department medical center under this subchapter, a multi-medical center research corporation may administer receipts and expenditures relating to such research, education, or both, as applicable, performed at the Department medical centers concerned.''. (2) Expansion of existing corporations to multi-medical center research corporations.--Such section is further amended by adding at the end the following new subsection: ``(f) A corporation established under this subchapter may act as a multi-medical center research corporation under this subchapter in accordance with subsection (b) if-- ``(1) the board of directors of the corporation approves a resolution permitting facilitation by the corporation of the conduct of research, education, or both at the other Department medical center or medical centers concerned; and ``(2) the Secretary approves the resolution of the corporation under paragraph (1).''. (b) Restatement and Modification of Authorities on Applicability of State Law.-- (1) In general.--Section 7361 of such title, as amended by subsection (a) of this section, is further amended by inserting after subsection (b) the following new subsection (c): ``(c) Any corporation established under this subchapter shall be established in accordance with the nonprofit corporation laws of the State in which the applicable Department medical center is located and shall, to the extent not inconsistent with any Federal law, be subject to the laws of such State. In the case of any multi-medical center research corporation that facilitates the conduct of research, education, or both at Department medical centers located in different States, the corporation shall be established in accordance with the nonprofit corporation laws of the State in which one of such Department medical centers is located.''. (2) Conforming amendment.--Section 7365 of such title is repealed. (c) Clarification of Status of Corporations.--Section 7361 of such title, as amended by this section, is further amended-- (1) in subsection (a), by striking the second sentence; and (2) by inserting after subsection (c) the following new subsection (d): ``(d)(1) Except as otherwise provided in this subchapter or under regulations prescribed by the Secretary, any corporation established under this subchapter, and its officers, directors, and employees, shall be required to comply only with those Federal laws, regulations, and executive orders and directives that apply generally to private nonprofit corporations. ``(2) A corporation under this subchapter is not-- ``(A) owned or controlled by the United States; or ``(B) an agency or instrumentality of the United States.''. (d) Reinstatement of Requirement for 501(c)(3) Status of Corporations.--Subsection (e) of section 7361 of such title, as redesignated by subsection (a)(1) of this section, is further amended by inserting ``section 501(c)(3) of'' after ``exempt from taxation under''. SEC. 3. CLARIFICATION OF PURPOSES OF CORPORATIONS. (a) Clarification of Purposes.--Subsection (a) of section 7362 of title 38, United States Code, is amended-- (1) by striking ``Any corporation'' and all that follows through ``facilitate'' and inserting ``A corporation established under this subchapter shall be established to provide a flexible funding mechanism for the conduct of approved research and education at one or more Department medical centers and to facilitate functions related to the conduct of''; and (2) by inserting before the period at the end the following: ``or centers''. (b) Modification of Defined Term Relating to Education and Training.--Subsection (b) of such section is amended in the matter preceding paragraph (1) by striking ``the term `education and training''' and inserting ``the term `education' includes education and training and''. (c) Repeal of Role of Corporations With Respect to Fellowships.-- Paragraph (1) of subsection (b) of such section is amended by striking the flush matter following subparagraph (C). (d) Availability of Education for Families of Veteran Patients.-- Paragraph (2) of subsection (b) of such section is amended by striking ``to patients and to the families'' and inserting ``and includes education and training for patients and families''. SEC. 4. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF CORPORATIONS. (a) Requirements for Department Board Members.--Paragraph (1) of section 7363(a) of title 38, United States Code, is amended to read as follows: ``(1) with respect to the Department medical center-- ``(A)(i) the director (or directors of each Department medical center, in the case of a multi- medical center research corporation); ``(ii) the chief of staff; and ``(iii) as appropriate for the activities of such corporation, the associate chief of staff for research and the associate chief of staff for education; or ``(B) in the case of a Department medical center at which one or more of the positions referred to in subparagraph (A) do not exist, the official or officials who are responsible for carrying out the responsibilities of such position or positions at the Department medical center; and''. (b) Requirements for Non-Department Board Members.--Paragraph (2) of such section is amended-- (1) by inserting ``not less than two'' before ``members''; and (2) by striking ``and who'' and all that follows through the period at the end and inserting ``and who have backgrounds, or business, legal, financial, medical, or scientific expertise, of benefit to the operations of the corporation.''. (c) Conflicts of Interest.--Subsection (c) of section 7363 of such title is amended by striking ``, employed by, or have any other financial relationship with'' and inserting ``or employed by''. SEC. 5. CLARIFICATION OF POWERS OF CORPORATIONS. (a) In General.--The text of section 7364 of title 38, United States Code, is amended to read as follows: ``(a)(1) A corporation established under this subchapter may, solely to carry out the purposes of this subchapter-- ``(A) accept, administer, retain, and spend funds derived from gifts, contributions, grants, fees, reimbursements, and bequests from individuals and public and private entities; ``(B) enter into contracts and agreements with individuals and public and private entities; ``(C) subject to paragraph (2), set fees for education and training facilitated under section 7362 of this title, and receive, retain, administer, and spend funds in furtherance of such education and training; ``(D) reimburse amounts to the appropriation account of the Department for the Office of General Counsel for any expenses of that Office in providing legal services attributable to research and education agreements under this subchapter; and ``(E) employ such employees as the corporation considers necessary for such purposes and fix the compensation of such employees. ``(2) Fees charged under paragraph (1)(C) for education and training described in that paragraph to individuals who are officers or employees of the Department may not be paid for by any funds appropriated to the Department. ``(3) Amounts reimbursed to the Office of General Counsel under paragraph (1)(D) shall be available for use by the Office of the General Counsel only for staff and training, and related travel, for the provision of legal services described in that paragraph. ``(b)(1) Except as provided in paragraph (2), any funds received by the Secretary for the conduct of research or education at a Department medical center or centers, other than funds appropriated to the Department, may be transferred to and administered by a corporation established under this subchapter for such purposes. ``(2) A Department medical center may reimburse the corporation for all or a portion of the pay, benefits, or both of an employee of the corporation who is assigned to the Department medical center if the assignment is carried out pursuant to subchapter VI of chapter 33 of title 5. ``(c) Except for reasonable and usual preliminary costs for project planning before its approval, a corporation established under this subchapter may not spend funds for a research project unless the project is approved in accordance with procedures prescribed by the Under Secretary for Health for research carried out with Department funds. Such procedures shall include a scientific review process. ``(d) Except for reasonable and usual preliminary costs for activity planning before its approval, a corporation established under this subchapter may not spend funds for an education activity unless the activity is approved in accordance with procedures prescribed by the Under Secretary for Health. ``(e) The Under Secretary for Health may prescribe policies and procedures to guide the spending of funds by corporations established under this subchapter that are consistent with the purpose of such corporations as flexible funding mechanisms and with Federal and State laws and regulations, and executive orders, circulars, and directives that apply generally to the receipt and expenditure of funds by nonprofit organizations exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986.''. (b) Conforming Amendment.--Section 7362(a) of such title, as amended by section 3(a)(1) of this Act, is further amended by striking the last sentence. SEC. 6. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES CODE. (a) Redesignation.--Section 7364A of title 38, United States Code, is redesignated as section 7365 of such title. (b) Clerical Amendments.--The table of sections at the beginning of chapter 73 of such title is amended-- (1) by striking the item relating to section 7364A; and (2) by striking the item relating to section 7365 and inserting the following new item: ``7365. Coverage of employees under certain Federal tort claims laws.''. SEC. 7. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS. (a) Additional Information in Annual Reports.--Subsection (b) of section 7366 of title 38, United States Code, is amended to read as follows: ``(b)(1) Each corporation shall submit to the Secretary each year a report providing a detailed statement of the operations, activities, and accomplishments of the corporation during that year. ``(2)(A) A corporation with revenues in excess of $300,000 for any year shall obtain an audit of the corporation for that year. ``(B) A corporation with annual revenues between $10,000 and $300,000 shall obtain an audit of the corporation at least once every three years. ``(C) Any audit under this paragraph shall be performed by an independent auditor. ``(3) The corporation shall include in each report to the Secretary under paragraph (1) the following: ``(A) The most recent audit of the corporation under paragraph (2). ``(B) The most recent Internal Revenue Service Form 990 `Return of Organization Exempt from Income Tax' or equivalent and the applicable schedules under such form.''. (b) Confirmation of Application of Conflict of Interest Regulations to Appropriate Corporation Positions.--Subsection (c) of such section is amended-- (1) by striking ``laws and'' each place it appears; (2) in paragraph (1)-- (A) by inserting ``each officer and'' after ``under this subchapter,''; and (B) by striking ``, and each employee of the Department'' and all that follows through ``during any year''; and (3) in paragraph (2)-- (A) by inserting ``officer,'' after ``verifying that each''; and (B) by striking ``in the same manner'' and all that follows before the period at the end. (c) Establishment of Appropriate Payee Reporting Threshold.-- Subsection (d)(3)(C) of such section is amended by striking ``$35,000'' and inserting ``$50,000''. SEC. 8. REPEAL OF SUNSET. (a) Repeal.--Section 7368 of title 38, United States Code, is repealed. (b) Clerical Amendment.--The table of sections at the beginning of chapter 73 of such title is amended by striking the item relating to section 7368.

Veterans Nonprofit Research and Education Corporations Enhancement Act of 2008 - Amends federal provisions concerning the establishment at Department of Veterans Affairs (VA) medical facilities of nonprofit research and education corporations (NRECs) to allow an NREC to facilitate the conduct of research or education, or both, at more than one VA medical center. States that such an NREC shall be known as a multi-medical center research corporation (MCRC). Allows an NREC to act as a MCRC if: (1) the NREC board of directors approve a resolution permitting that NREC to act as a MCRC; and (2) the Secretary of Veterans Affairs approves the resolution. Requires each NREC and MCRC to be established in accordance with the nonprofit laws of the state in which the VA medical center which it supports is located. States that either such corporation shall not be considered to be owned by, or an agent or instrumentality of, the United States. Expands the authorized areas of experience or expertise with respect to non-VA members of boards of directors of NRECs and MCRCs. Increases authorized corporate powers of NRECs and MCRCs to include entering into contracts and setting fees for education and training facilitated through such corporation.

A bill to amend title 38, United States Code, to modify and update provisions of law relating to nonprofit research and education corporations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Healthcare Subsidies for Foreign Diplomats Act of 2014''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Patient Protection and Affordable Care Act (Public Law 111-148) (in this section referred to as the ``Affordable Care Act'') established certain taxpayer-funded subsidies, such as premium tax credits and cost-sharing reductions, that directly or indirectly pay portions of the costs of health insurance and services for eligible individuals and households. (2) Diplomats of foreign governments and United Nations staff members who are not citizens or lawful permanent residents of the United States do not pay Federal income taxes on their salaries from those employers. (3) The Department of State has notified foreign missions in the United States, permanent missions to the United Nations, and the United Nations Secretariat that ``the benefits of the United States Affordable Care Act are available'' to their personnel. (4) According to the Department of Health and Human Services and the Congressional Research Service, foreign diplomats and United Nations employees in the United States are currently eligible to obtain United States taxpayer-funded subsidies under the Affordable Care Act, such as premium tax credits and cost-sharing reductions, on the same basis as American citizens and lawful permanent residents. (5) United States diplomats overseas do not depend on foreign taxpayers for health care coverage, but rely on United States-based health insurance plans that provide overseas coverage. (6) The Department of Health and Human Services does not currently collect data that would allow it to identify any foreign diplomats who are enrolled in a qualified health plan and who may be receiving premium tax credits or cost-sharing reductions pursuant to the Affordable Care Act. (7) The Department of State also does not possess that data, and has asserted that it is not involved in whatever processes foreign diplomats may use to obtain benefits funded by the United States Government. (8) The Internal Revenue Service does not collect visa information and is not currently able to discern whether any taxpayer is present in the United States pursuant to an A (diplomatic) or a G (UN/international organization) nonimmigrant visa. (9) The Internal Revenue Service also does not collect data identifying whether a foreign diplomat is enrolled in a qualified health plan and is receiving a premium tax credit or cost-sharing reduction pursuant to the Affordable Care Act. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) foreign diplomats should be allowed to purchase health insurance coverage in the United States, but the cost of that coverage should be borne by their sending States; and (2) United States taxpayers should not subsidize the health insurance expenses of foreign diplomats. SEC. 4. FOREIGN DIPLOMATS INELIGIBLE TO RECEIVE HEALTH INSURANCE PREMIUM TAX CREDITS AND HEALTH INSURANCE COST-SHARING REDUCTIONS. (a) Denial of Eligibility.-- (1) For health insurance premium tax credits.--Section 36B of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subsection (g) as subsection (h); and (B) by inserting after subsection (f) the following new subsection: ``(g) Denial of Credit to Foreign Diplomats.-- ``(1) In general.--No credit shall be allowed under this section to any individual for any month during any portion of which such individual is a foreign diplomat. ``(2) Foreign diplomat.--For purposes of this subsection, the term `foreign diplomat' means an alien admitted to the United States as a nonimmigrant under section 101(a)(15)(A) or section 101(a)(15)(G) of the Immigration and Nationality Act.''. (2) For cost-sharing reductions.--For denial of cost sharing reductions to individuals ineligible for the premium tax credit under section 36B of the Internal Revenue Code of 1986, see section 1402(f)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071(f)(2)). (3) Effective date.--The amendment made by paragraph (1) shall apply to foreign diplomats for months beginning more than 30 days after the date of the enactment of this Act, in taxable years ending after such date, regardless of whether the diplomat may have been determined eligible for a premium tax credit or cost-sharing reduction (or advance payment with respect to such credit or reduction) before such date of enactment. (4) Information coordination for timely implementation.-- The Secretary of State shall coordinate with, and provide such information to, the Secretaries of Homeland Security and of Health and Human Services regarding individuals in the status of a foreign diplomat (described in section 36B(g)(2) of the Internal Revenue Code of 1986, as inserted by paragraph (1)) as may be necessary-- (A) to apply the amendment made by paragraph (1) and the provisions of paragraph (2) on a timely process, including applying such amendment in the case of an individual who has been determined eligible for a premium tax credit or cost-sharing reduction (or an advance payment thereof) before the date of the enactment of this Act; and (B) to provide information to the Secretary of Health and Human Services for the reports to Congress under subsection (b)(1). (b) Reports to Congress.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter, subject to paragraph (3), the Secretary of Health and Human Services shall submit to the appropriate committees of Congress (as defined in paragraph (2)) a written report on the implementation of this section. Each such report shall include-- (A) the number of foreign diplomats listed in the information received by such Secretary under subsection (a)(4)(B) with respect to whom an advance determination of eligibility was still in effect under section 1412 of the Patient Protection and Affordable Care Act (42 U.S.C. 18082) as of the most recent date of the receipt of such information by such Secretary; and (B) the number of such advance determinations which were revoked at the time of the submission of such written report to Congress. (2) Appropriate committees of congress.--For purposes of this subsection, the term ``appropriate committees of Congress'' means the Committees on Foreign Relations, Finance, and Health, Education, Labor, and Pensions of the Senate and the Committees on Foreign Affairs, Ways and Means, and Energy and Commerce of the House of Representatives. (3) Termination.--No report shall be required to be submitted under this subsection after the second consecutive report in which the number required to be included in such report under paragraph (1)(A) is zero. (c) Notice to Governments and International Organizations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall notify all foreign missions in the United States, permanent missions to the United Nations, and the United Nations Secretariat, that premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act are not available to any of their personnel who have the status in the United States as a nonimmigrant under section 101(a)(15)(A) or 101(a)(15)(G) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A), 1101(a)(15)(G)).

No Healthcare Subsidies for Foreign Diplomats Act of 2014 - Amends the Internal Revenue Code to deny a tax credit for the cost of health insurance premiums and health insurance cost-sharing reductions under the Patient Protection and Affordable Care Act to foreign diplomats. Requires the Secretary of State to notify all foreign missions in the United States, permanent missions to the United Nations, and the United Nations Secretariat that health insurance premium tax credits and cost-sharing reductions are not available for their foreign personnel with nonimmigrant status under the Immigration and Nationality Act.

No Healthcare Subsidies for Foreign Diplomats Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Critical Infrastructure Act''. SEC. 2. PROTECTION OF INFORMATION. (a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding after section 215 the following new section: ``SEC. 215A. PROTECTION OF INFORMATION. ``(a) Protection of Information.-- ``(1) Prohibition of public disclosure of protected electric security information.--Protected electric security information-- ``(A) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code; and ``(B) shall not be made available by any State, local, or tribal authority pursuant to any State, local, or tribal law requiring disclosure of information or records. ``(2) Information sharing.-- ``(A) In general.--The Commission shall promulgate such regulations and issue such orders as necessary to designate protected electric security information and to prohibit the unauthorized disclosure of such protected electric security information. ``(B) Sharing of protected electric security information.--The regulations promulgated and orders issued pursuant to subparagraph (A) shall provide standards for and authorize the appropriate voluntary sharing of protected electric security information with, between, and by Federal, State, local, and tribal authorities, the Electric Reliability Organization, regional entities, Information Sharing and Analysis Centers established pursuant to Presidential Decision Directive 63, owners, operators, and users of the bulk- power system in the United States, and other entities determined appropriate by the Commission. In promulgating such regulations and issuing such orders, the Commission shall take account of the role of State commissions in reviewing the prudence and cost of investments, determining the rates and terms of conditions for electric services, and ensuring the safety and reliability of the bulk-power system and distribution facilities within their respective jurisdictions. In promulgating such regulations and issuing such orders, the Commission may take into consideration the Controlled Unclassified Information framework established by the President. The Commission shall consult, as appropriate, with Canadian and Mexican authorities to develop protocols for the voluntary sharing of protected electric security information with, between, and by appropriate Canadian and Mexican authorities and owners, operators, and users of the bulk-power system outside the United States. ``(3) No required sharing of information.--Nothing in this section shall require a person or entity in possession of protected electric security information to share such information with Federal, State, local, or tribal authorities, or any other person or entity. ``(4) Submission of information to congress.--Nothing in this section shall permit or authorize the withholding of information from Congress, any committee or subcommittee thereof, or the Comptroller General. ``(5) Disclosure of non-protected information.--In implementing this section, the Commission shall protect from disclosure only the minimum amount of information necessary to protect the security and reliability of the bulk-power system and distribution facilities. The Commission shall segregate protected electric security information within documents and electronic communications, wherever feasible, to facilitate disclosure of information that is not designated as protected electric security information. ``(6) Duration of designation.--Information may not be designated as protected electric security information for longer than 5 years, unless specifically redesignated by the Commission. ``(7) Removal of designation.--The Commission shall remove the designation of protected electric security information, in whole or in part, from a document or electronic communication if the Commission determines that the unauthorized disclosure of such information could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities. ``(8) Judicial review of designations.--Notwithstanding section 313(b), any determination by the Commission concerning the designation of protected electric security information under this subsection shall be subject to review under chapter 7 of title 5, except that such review shall be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in the District of Columbia. In such a case the court shall examine in camera the contents of documents or electronic communications that are the subject of the determination under review to determine whether such documents or any part thereof were improperly designated or not designated as protected electric security information. ``(b) Definitions.--For purposes of this section: ``(1) Bulk-power system; electric reliability organization; regional entity.--The terms `bulk-power system', `Electric Reliability Organization', and `regional entity' have the meanings given such terms in section 215. ``(2) Distribution facilities.--The term `distribution facilities' means facilities used in the local distribution of electric energy. ``(3) Electromagnetic pulse.--The term `electromagnetic pulse' means one or more pulses of electromagnetic energy emitted by a device capable of disabling, disrupting, or destroying electronic equipment by means of such a pulse. ``(4) Grid security threat.--The term `grid security threat' means a substantial likelihood of-- ``(A)(i) a malicious act using electronic communication or an electromagnetic pulse that could disrupt the operation of those electronic devices or communications networks, including hardware, software, and data, that are essential to the security or reliability of the bulk-power system; and ``(ii) disruption of the operation of such devices or networks, with significant adverse effects on the security or reliability of the bulk-power system, as a result of such act or event; or ``(B)(i) a direct physical attack on, or intentional interference with, the bulk-power system; and ``(ii) significant adverse effects on the security or reliability of the bulk-power system as a result of such physical attack or interference. ``(5) Grid security vulnerability.--The term `grid security vulnerability' means a weakness in the bulk-power system that, in the event of-- ``(A) a malicious act using electronic communication or an electromagnetic pulse, would pose a substantial risk of disruption to the operation of those electronic devices or communications networks, including hardware, software, data, and facilities, that are essential to the security or reliability of the bulk-power system; or ``(B) a direct physical attack, or intentional interference with, the bulk-power system, would pose a substantial risk of significant adverse effects on the security or reliability of the bulk-power system. ``(6) Protected electric security information.--The term `protected electric security information'-- ``(A) means information generated by or provided to the Commission, other than classified national security information, that is designated as protected electric security information by the Commission under subsection (a)(2)-- ``(i) that specifically discusses or identifies grid security threats, grid security vulnerabilities, or plans, procedures, or measures to address such threats or vulnerabilities; and ``(ii) the unauthorized disclosure of which could be used in a malicious manner to impair, attack, or interfere with the security or reliability of the bulk-power system or distribution facilities; and ``(B) includes data, modeling, or representations related to grid security that could be used to generate information described in subparagraph (A). ``(7) Security.--The definition of `security' in section 3(16) shall not apply to the provisions in this section.''. (b) Conforming Amendments.-- (1) Jurisdiction.--Section 201(b)(2) of the Federal Power Act (16 U.S.C. 824(b)(2)) is amended by inserting ``215A,'' after ``215,'' each place it appears. (2) Public utility.--Section 201(e) of the Federal Power Act (16 U.S.C. 824(e)) is amended by inserting ``215A,'' after ``215,''.

Protecting Critical Infrastructure Act This bill amends the Federal Power Act to: (1) exempt protected electric security information from mandatory public disclosure under the Freedom of Information Act; and (2) prohibit any state, local, or tribal authority from disclosing such information pursuant to state, local, or tribal law. The Federal Energy Regulatory Commission (FERC) shall promulgate specified regulations and issue the orders necessary to designate protected electric security information and to prohibit its unauthorized disclosure. There is no requirement for a person or entity in possession of protected electric security information to share it with federal, state, local, or tribal authorities. Sharing information with Congress, however, is permitted. Unless specifically redesignated by FERC, information may not be designated as protected electric security information for longer than five years. FERC shall remove a designation, in whole or in part, if it determines that its unauthorized disclosure could no longer be used to impair the security or reliability of the bulk-power system or distribution facilities.

Protecting Critical Infrastructure Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownsville Wetlands Policy Act of 1993''. SEC. 2. ESTABLISHMENT OF WETLANDS POLICY CENTER AT THE PORT OF BROWNSVILLE, TEXAS. (a) Establishment of Center.--For purposes of utilizing grants made by the United States Fish and Wildlife Service there may be established in accordance with this Act, on property owned or held in trust by the Brownsville Navigation District at the Port of Brownsville, Texas, a wetlands policy center which shall be known as the ``Brownsville Wetlands Policy Center at the Port of Brownsville, Texas'' (in this Act referred to as the ``Center''). The Center shall be operated and maintained by the Port of Brownsville with programs to be administered by the University of Texas at Brownsville. (b) Mission of the Center.--The primary mission of the Center shall be to utilize the unique wetlands property at the Port of Brownsville and adjacent waters of South Texas to focus on wetland matters for the purposes of protecting, restoring, and maintaining the Lagoon Ecosystems of the Western Gulf of Mexico Region. (c) Board of Directors.--The Center shall be governed by a Board of Directors to oversee the management and financial affairs of the Center. The Board of Directors shall be cochaired by the Port of Brownsville, the University of Texas at Brownsville, and the designee of the Director of the Fish and Wildlife Service, and shall include as members other representatives considered appropriate by those cochairs. (d) Oversight of the Center.-- (1) Annual report.--The Board of Directors of the Center shall prepare an annual report and submit it through the Director of the United States Fish and Wildlife Service to the Congress. (2) Contents.--Annual reports under this subsection shall cover the programs, projects, activities, and accomplishments of the Center. The reports shall include a review of the budget of the Center, including all sources of funding received to carry out Center operations. (3) Availability of information.--The Board of Directors of the Center shall make available all pertinent information and records to allow preparation of annual reports under this subsection. (4) General accounting office.--The Comptroller General of the United States shall periodically submit to the Congress reports on the operations of the Center. SEC. 3. GRANTS. The Director of the United States Fish and Wildlife Service shall, subject to the availability of appropriations, make grants to the Center for use for carrying out activities of the Center. SEC. 4. LEASE. The Director of the United States Fish and Wildlife Service, subject to the availability of appropriations, may enter into a long- term lease with the Port of Brownsville for use by the Center of wetlands property owned by the Port of Brownsville. Terms of the lease shall be negotiated, and the lease shall be signed by both parties, prior to the disposal of any Federal funds pursuant to this Act. The lease shall include a provision authorizing the Director to terminate the lease at any time. SEC. 5. OTHER REQUIREMENT. As conditions of receiving assistance under this Act-- (1) the University of Texas at Brownsville shall make available to the Center for fiscal years 1994, 1995, 1996, and 1997-- (A) administrative office space; (B) classroom space; and (C) other in-kind contributions for the Center, including overhead and personnel; and (2) the Port of Brownsville shall make available up to 7,000 acres of Port Property for the programs, projects, and activities of the Center. The Board of Directors of the Center shall include in their annual report under section 2(d) a statement of whether these conditions have been met. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the United States Fish and Wildlife Service $5,000,000 for fiscal year 1994, $4,000,000 for fiscal year 1995, $4,000,000 for fiscal year 1996; and such sums as may be necessary for fiscal year 1997, for making grants to the Center under section 3, including for use for the establishment, operation, maintenance, and management of the Center. SEC. 7. RELATIONSHIP OF CENTER WITH THE CENTER FOR ENVIRONMENTAL STUDIES AND SERVICES, CORPUS CHRISTI, TEXAS. None of the funds appropriated pursuant to this Act may be used to relocate any of the administrative operations of the United States Fish and Wildlife Service from the Center for Environmental Studies and Services Building on the campus of Corpus Christi State University, to the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas, established pursuant to this Act. Passed the House of Representatives September 21, 1993. Attest: DONNALD K. ANDERSON, Clerk.

Brownsville Wetlands Policy Act of 1993 - Authorizes the establishment, for using grants by the U.S. Fish and Wildlife Service, of the Brownsville Wetlands Policy Center at the Port of Brownsville, Texas. Requires that the Center be operated and maintained by the Port of Brownsville, with programs to be administered by the University of Texas at Brownsville, to protect, restore, and maintain the lagoon ecosystems of the western Gulf of Mexico region. Requires the Director of the U.S. Fish and Wildlife Service, subject to appropriations, to make grants to the Center and authorizes the Director to enter into a long-term lease with the Port for Center use of Port wetlands property. Requires the University to make in-kind contributions for the Center and the Port to make Port property available for Center use. Authorizes appropriations. Prohibits use of funds under this Act to relocate any administrative operations of the Service to the Center from Corpus Christi State University.

Brownsville Wetlands Policy Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Let Seniors Work Act of 2014''. SEC. 2. ELIMINATION OF PAYROLL TAX FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 230 of the Social Security Act (42 U.S.C. 430) is amended-- (1) in subsection (a), by striking ``subsection (b) or (c)'' and inserting ``subsection (b), (c), or (e)'', (2) in subsection (b), by striking ``subsection (c)'' and inserting ``subsections (c) and (e)'', and (3) by adding at the end the following new subsection: ``(e) Notwithstanding any other provision of law, the contribution and benefit base determined under this section for any calendar year after 2014 for any individual who has attained retirement age (as defined in section 216(l)(1)) shall be reduced to zero.''. (b) Effective Date.--The amendments made by this section shall apply to remuneration paid in any calendar year after 2014. SEC. 3. REPEAL OF PROVISIONS RELATING TO DEDUCTIONS ON ACCOUNT OF WORK. (a) In General.--Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act (42 U.S.C. 403) are repealed. (b) Conforming Amendments.--Section 203 of such Act (as amended by subsection (a)) is further amended-- (1) in subsection (c), by redesignating such subsection as subsection (b), and-- (A) by striking ``Noncovered Work Outside the United States or'' in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking ``For purposes of paragraphs (2), (3), and (4)'' and inserting ``For purposes of paragraphs (1), (2), and (3)''; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking ``subsections (c) and (d)'' and inserting ``subsection (b)''; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking ``subsection (c)'' each place it appears and inserting ``subsection (b)''; and (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking ``subsection (g) or (h)(1)(A)'' and inserting ``subsection (d)''. SEC. 4. ADDITIONAL CONFORMING AMENDMENTS. (a) Provisions Relating to Benefits Terminated Upon Deportation.-- Section 202(n)(1) of the Social Security Act (42 U.S.C. 402(n)(1)) is amended by striking ``Section 203 (b), (c), and (d)'' and inserting ``Section 203(b)''. (b) Provisions Relating to Exemptions From Reductions Based on Early Retirement.-- (1) Section 202(q)(5)(B) of such Act (42 U.S.C. 402(q)(5)(B)) is amended by striking ``section 203(c)(2)'' and inserting ``section 203(b)(1)''. (2) Section 202(q)(7)(A) of such Act (42 U.S.C. 402(q)(7)(A)) is amended by striking ``deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b)'' and inserting ``deductions on account of work under section 203 or deductions under section 222(b)''. (c) Provisions Relating to Exemptions From Reductions Based on Disregard of Certain Entitlements to Child's Insurance Benefits.-- (1) Section 202(s)(1) of such Act (42 U.S.C. 402(s)(1)) is amended by striking ``paragraphs (2), (3), and (4) of section 203(c)'' and inserting ``paragraphs (1), (2), and (3) of section 203(b)''. (2) Section 202(s)(3) of such Act (42 U.S.C. 402(s)(3)) is amended by striking ``The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections'' and inserting ``Subsections''. (d) Provisions Relating to Suspension of Aliens' Benefits.--Section 202(t)(7) of such Act (42 U.S.C. 402(t)(7)) is amended by striking ``Subsections (b), (c), and (d)'' and inserting ``Subsection (b)''. (e) Provisions Relating to Reductions in Benefits Based on Maximum Benefits.--Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking ``and subsections (b), (c), and (d)'' and inserting ``and subsection (b)''. (f) Provisions Relating to Penalties for Misrepresentations Concerning Earnings for Periods Subject to Deductions on Account of Work.--Section 208(a)(1)(C) of such Act (42 U.S.C. 408(a)(1)(C)) is amended by striking ``under section 203(f) of this title for purposes of deductions from benefits'' and inserting ``under section 203 for purposes of deductions from benefits on account of work''. (g) Provisions Taking Into Account Earnings in Determining Benefit Computation Years.--Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended by striking ``no earnings as described in section 203(f)(5) in such year'' and inserting ``no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year''. (h) Provisions Relating to Rounding of Benefits.--Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking ``and any deduction under section 203(b)''. (i) Provisions Relating to Earnings Taken Into Account in Determining Substantial Gainful Activity of Blind Individuals.--The second sentence of section 223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) is amended by striking ``if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens Right to Work Act of 1996 and by the Social Security Earnings Test Repeal Act of 2014 had not been enacted''. (j) Provisions Defining Income for Purposes of SSI.--Section 1612(a) of such Act (42 U.S.C. 1382a(a)) is amended-- (1) by striking ``as determined under section 203(f)(5)(C)'' in paragraph (1)(A) and inserting ``as defined in the last two sentences of this subsection''; and (2) by adding at the end (after and below paragraph (2)(H)) the following: ``For purposes of paragraph (1)(A), the term `wages' means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term `wages' shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee's employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer.''. (k) Repeal of Deductions on Account of Work Under the Railroad Retirement Program.-- (1) In general.--Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended-- (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments.-- (A) Section 3(f)(1) of such Act (45 U.S.C. 231b(f)(1)) is amended in the first sentence by striking ``before any reductions under the provisions of section 2(f) of this Act,''. (B) Section 4(g)(2) of such Act (45 U.S.C. 231c(g)(2)) is amended-- (i) in clause (i), by striking ``shall, before any deductions under section 2(g) of this Act,'' and inserting ``shall''; and (ii) in clause (ii), by striking ``any deductions under section 2(g) of this Act and before''. SEC. 5. EFFECTIVE DATE. The amendments and repeals made by sections 3 and 4 of this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.

Let Seniors Work Act of 2014 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) eliminate the payroll tax for individuals who have attained retirement age, and (2) remove the limitation on the amount of outside income which a beneficiary may earn (earnings test) without incurring a reduction in benefits.

Let Seniors Work Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Carbon and Other Aerosols Research Act of 2009''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to develop a monitoring and research plan-- (A) to identify natural and anthropogenic sources of black carbon and other aerosols and to monitor their atmospheric and deposited concentrations on both a temporal and a spatial scale; (B) to measure, monitor, model, and assess black carbon and other aerosols in regard to their atmospheric concentrations and deposited forms-- (i) to establish how these substances impact regional- and global-scale climate change and air quality; (ii) to determine their regional impacts, with a focus on the polar regions and other snow and ice covered areas; and (iii) to estimate, in the United States and globally, spatial and temporal black carbon and other aerosol concentrations, and deposition trends in collaboration with the National Institute of Standards and Technology and other appropriate partners; and (C) to develop models to assist policy makers and to increase understanding of-- (i) the transport and transformation of black carbon and other aerosols to improve knowledge of their distributions and climate- forcing properties; and (ii) the individual and combined roles of black carbon and other aerosols on regional and global climate change on both a temporal and a spatial scale; and (2) to establish a black carbon and other aerosols monitoring and research program within the National Oceanic and Atmospheric Administration. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Black carbon.--The term ``black carbon'' means the strongly light absorbing aerosol that-- (A) is composed of fine particles containing carbon produced by the incomplete combustion of fossil fuels, biofuel, and biomass and other activities; (B) exists in both atmospheric and deposited forms; and (C) is sometimes associated with impaired air quality and climate change. (3) Other aerosols.--The term ``other aerosols'' means the components of atmospheric aerosols, fine particles suspended in air, that contribute to climate-forcing and climate change, including inorganic, organic, dust, and carbonaceous substances, either separately or in combination. SEC. 4. BLACK CARBON AND OTHER AEROSOLS MONITORING AND RESEARCH PLAN. (a) In General.--The Administrator shall develop an observation, monitoring, modeling, and research plan for black carbon and other aerosols that includes-- (1) analysis of gaps in scientific methods and research on-- (A) black carbon and other aerosols; and (B) the effect of black carbon, both singly and in combination with other factors, on climate change and air quality on both a regional and a global scale; (2) identification of priorities for Federal research on black carbon and other aerosols necessary to understand their role in climate change and air quality on both a regional and a global scale; (3) a framework for modeling-- (A) the temporal and spatial effects of black carbon and other aerosols on climate, both singly and in combination, on regional and global scales and processes; (B) the transportation and transformation of black carbon and other aerosols to gain insight into their distribution and climate-forcing properties; and (C) the influence of black carbon on clouds and cloud particles to understand and quantify their role in large-scale circulation and the hydrologic cycle; (4) appropriate methods that-- (A) identify sources of black carbon and other aerosols, both anthropogenic and naturally occurring, and (B) measure, monitor, and increase understanding of the atmospheric concentrations and properties as well as the deposited forms, on both a temporal and a spatial scale; (5) a comparative evaluation of the global and regional climate-forcing properties of black carbon and other aerosols and their effect on regional and global climate change and the loss of Arctic sea ice; and (6) observation systems, needs, and assets necessary to develop and implement a black carbon and other aerosols monitoring and research program within the National Oceanic and Atmospheric Administration. (b) Advisory Panel.--The Administrator shall establish a Black Carbon and Other Aerosols Advisory Panel to assist in the development and implementation of the plan. (c) Report.--No later than 270 days after the date of enactment of this Act, the Administrator shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Science and Technology describing the plan required by subsection (a). SEC. 5. BLACK CARBON AND OTHER AEROSOLS RESEARCH AND MONITORING PROGRAM. (a) In General.--The Administrator shall establish and maintain a black carbon and other aerosols monitoring and research program that combines observations, research, monitoring, modeling, and other activities within the National Oceanic and Atmospheric Administration, consistent with the plan required by section 4(a), that includes-- (1) coordinated monitoring and research activities to improve understanding of the sources, atmospheric concentrations, deposited forms, and interactions among black carbon and other aerosols that influence their contribution to climate change processes on both a regional and a global scale; (2) strategic modeling activities that improve understanding of-- (A) the transportation and transformation of aerosols, to improve knowledge of their distributions and climate-forcing properties; and (B) the separate and combined roles of black carbon and other aerosols in regional and global climate change and air quality, on regional, global and temporal scales, to improve understanding of these substances and their roles in climate change; (3) educational opportunities that-- (A) encourage an interdisciplinary and international approach to exploring the associated sources and impacts of black carbon and other aerosols; and (B) increase interactions between the measurement and modeling communities in order to optimize use of available data; (4) public outreach activities that improve understanding of the current scientific knowledge of black carbon and other aerosols and their impact on climate change; (5) coordination of black carbon and other aerosols monitoring research with the National Institute of Standards and Technology and other appropriate international and national government agencies, private entities, and others; and (6) an assessment of the role black carbon and other aerosols have in regional and global climate change and air quality. (b) Grant Program.-- (1) In general.--The Administrator shall establish a grant program to provide grants for critical research and projects that improve the ability to measure, monitor, model, and assess black carbon and other aerosols with respect to their atmospheric concentrations and deposited forms, including research that supports means of reducing the impacts of black carbon and other aerosols on climate. (2) Consultation with panel.--The Administrator shall consult with the Black Carbon and Other Aerosols Advisory Panel, and shall work cooperatively with the National Institute of Standards and Technology and other Federal agencies, to establish criteria for such research and projects. (3) Participation by federal agencies.--Federal agencies may collaborate with, and participate in, such research and projects to the extent requested by the grant recipient. (4) Award process.--Grants under this subsection shall be awarded extramurally through a competitive peer-reviewed, merit-based process that may be conducted jointly with other Federal agencies working on black carbon and aerosols and their role in and relationship to climate change. (c) Coordination With Other Agencies.--The Administrator shall coordinate development of the plan under section 4 and the monitoring and research program under subsection (a) of this section with the National Institute of Standards and Technology and other relevant Federal agencies. (d) Additional Authority.--In conducting the program, the Administrator may execute and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this Act on such terms as the Administrator considers appropriate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator for each of fiscal years 2010 through 2015-- (1) $10,000,000 for grants under section 5(b); and (2) $10,000,000 for the National Oceanic and Atmospheric Administration to carry out the other provisions of this Act.

Black Carbon and Other Aerosols Research Act of 2009 - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to: (1) develop an observation, monitoring, modeling, and research plan for black carbon and other aerosols that contribute to climate-forcing and climate change, which shall analyze research gaps, identify federal research priorities, include a framework for modeling effects on climate, identify sources, monitor atmospheric concentrations, and provide for assets necessary to develop a monitoring and research program; and (2) establish a Black Carbon and Other Aerosols Advisory Panel to assist in development and implementation of such plan. Directs the Administrator to establish a black carbon and other aerosols monitoring and research program that combines observations, research, monitoring, modeling, and other activities within NOAA, consistent with such plan, and that includes: (1) coordinated monitoring and research activities to improve understanding of specified factors that influence the contribution of such substances to climate change processes; (2) strategic modeling activities to improve understanding of the transportation and transformation of such substances, their distributions and climate-forcing properties, and their roles in climate change and air quality; (3) educational opportunities that encourage an interdisciplinary and international approach to exploring such substances' associated sources and impacts; (4) public outreach activities; and (5) coordination of monitoring research with various agencies and entities. Directs the Administrator to establish a program to provide grants for critical research and projects that improve the ability to measure, monitor, model, and assess such substances with respect to atmospheric concentrations and deposited forms, including research that supports means of reducing their impacts on climate.

A bill to establish a black carbon and other aerosols research program in the National Oceanic and Atmospheric Administration that supports observations, monitoring, modeling, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bicycle and Pedestrian Transportation Improvement Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The United States transportation system requires greater diversification in order for the country to retain and improve its economic competitiveness in relation with other nations. (2) Bicycling and walking have been overlooked as modes of transportation by policymakers. (3) It is possible and desirable to dramatically increase the number of persons who commute by bicycle or foot; since 54 percent of Americans live within 5 miles of their workplace and 75 percent live within 10 miles of their workplace and, of the over 100,000,000 bicycles owned by Americans, only 1 in 40 is used to commute to and from the workplace. (4) A transportation system that includes facilities for bicycle and pedestrian transportation provides numerous advantages for commuters and the Nation as a whole, including reduced traffic congestion, reduced air pollution, reduced dependence on imported oil, increased conservation of nonrenewable resources of energy, reduced deaths and injuries due to accidents between pedestrians and cyclists on the one hand and motorized travelers on the other, increased health for those who travel by bicycle or foot, and improved preservation of natural habitats, particularly environmentally sensitive areas such as wetlands. (5) Traffic congestion is a serious threat to our Nation's economic wellbeing. In 1989, traffic congestion in 39 of the Nation's large urban areas cost the country $41,000,000,000 in travel delays, increased fuel consumption, and increased auto insurance premiums. Traffic congestion currently causes over 2,000,000,000 hours in delays per year. Over the next 14 years, congestion on highways will rise by 400 percent and on urban thoroughfares by 120 percent. (6) The transportation needs of many parts of the country cannot be met simply by expanding the size and number of roadways. In urban areas, one-half of all urban space is devoted to roads, parking spaces, and other motor vehicle facilities. Throughout the country, it is infeasible to meet increased travel demands by expanding existing roadways. For example, Interstate Route 95 between Miami and Orlando, Florida, would have to be expanded to a 40-lane highway to meet expected traffic flows by the year 2005. (7) Motor vehicles contribute significantly to air pollution. Cars and trucks generate 80 percent of carbon dioxide emissions. The average automobile emits 9 pounds of hydrocarbons and 62.5 pounds of carbon dioxide each year. Accordingly, reduced reliance on cars and trucks can contribute significantly to meeting the goals of the Clean Air Act. (8) Diminished reliance on motor vehicles reduces America's reliance on foreign oil. Currently, approximately one-half of all oil used in the country is imported. Of that amount, 63 percent is used for transportation. (9) Nationwide, 20 percent of fatalities on roadways involve pedestrians or bicyclists, and in cities, the figure is 50 percent. (10) Constructing bicycle and pedestrian facilities is far less expensive than building new roadways. A one-mile stretch of bicycle and pedestrian path costs approximately $46,000. One mile of a 4-lane highway costs approximately $1,000,000. (b) Purposes.--The purposes of this Act are as follows: (1) To diversify the Nation's transportation system to enable it to remain efficient into the next century and to improve our Nation's ability to compete economically with other nations. (2) To reduce deaths of and injuries to bicycle and pedestrian commuters. (3) To reduce traffic congestion, air pollution, dependence on foreign oil, and development of natural environments. SEC. 3. MINIMUM FUNDING LEVEL. Section 217 of title 23, United States Code, is amended by adding at the end the following new subsection: ``(h) Minimum Obligation Requirement.--Each State shall obligate in a fiscal year-- ``(1) not less than 3 percent of the funds apportioned to the State in such fiscal year under sections 104(b)(2) and 104(b)(3) of this title for projects authorized by subsection (a); ``(2) not less than 3 percent of the funds apportioned to the State in such fiscal year under section 104(b)(1) of this title for projects authorized by subsection (b); and ``(3) not less than 3 percent of the funds made available to the State in such fiscal year for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways for projects authorized by subsection (c).''. SEC. 4. RIGHT-OF-WAY ACQUISITION. Section 109(f) of title 23, United States Code, is amended by striking ``bikeways'' and inserting ``bicycle and pedestrian facilities''. SEC. 5. PROTECTION OF EXISTING BICYCLE AND PEDESTRIAN TRAFFIC. Section 109(n) of title 23, United States Code, is amended-- (1) by inserting ``, including bridge projects,'' after ``title''; (2) by inserting ``, reduction,'' after ``severance''; and (3) by striking ``major'' and inserting ``or potential''. SEC. 6. HAZARD ELIMINATION. Section 152(a) of title 23, United States Code, is amended by inserting after ``motorists'' the following: ``, bicyclists,''. SEC. 7. OTHER USES. Section 217(h)(3) of title 23, United States Code, is amended by inserting ``and electric golf carts'' after ``motorized wheelchairs''. SEC. 8. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE. The third sentence of section 404(a)(1) of title 23, United States Code, is amended by inserting ``, of bicyclists and pedestrians,'' after ``owners''.

Bicycle and Pedestrian Transportation Improvement Act of 1993 - Requires each State to obligate for bicycle transportation and pedestrian walkways not less than three percent of the funds: (1) apportioned to the State under the Congestion Mitigation and Air Quality Improvement Program and the Surface Transportation Program; (2) apportioned to the State for the National Highway System; and (3) made available for forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways. Allows the Secretary of Transportation to require States to acquire right-of-ways reasonably necessary for bicycle and pedestrian facilities. Prohibits the Secretary from approving Federal-aid system projects, including bridge projects, that will result in the severance, reduction, or destruction of an existing or potential route for nonmotorized transportation traffic and light motorcycles, unless such project provides a reasonable alternative route or such route exists. Requires States to survey all public roads to identify hazardous locations which may constitute a danger to bicyclists and to correct such locations. Permits the use of electric golf carts on trails and walkways, when State and local regulations allow. Requires appointed members of the National Highway Safety Advisory Committee of the Department of Transportation to be selected from, among others, organizations representative of bicyclists and pedestrians.

Bicycle and Pedestrian Transportation Improvement Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Computers in Our Community Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There is a growing gap, commonly referred to as the digital divide, between individuals who have access to computers and the Internet and individuals who do not have such access. (2) Households with incomes of $75,000 or greater are more than 20 times more likely to have access to the Internet, and more than 9 times more likely to have a computer at home, than households with the lowest income levels. (3) Although 58.9 percent of Americans earning over $75,000 annually frequently use the Internet, only 16 percent of Americans earning between $5,000 and $10,000 annually use the Internet. (4) Black and Hispanic households are \2/5\ as likely to have home Internet access as white households. (5) The digital divide is an emergency that will detrimentally affect the economy and society of the Nation absent immediate corrective action. (6) The e-rate program of the Federal Communications Commission ensures that schools and libraries receive telecommunications services at a discounted rate. Although tremendously successful, this program is insufficient because there is twice the demand for funding as there is funding available. (7) According to statistics by the Department of Education, there is a dire need for additional computers in some schools. Schools with the highest concentrations of poverty had an average of 16 students per instructional computer with Internet access, compared to 7 students for each such computer in schools with the lowest concentrations of poverty. (8) The computer industry is the fastest growing industry in our country. There is a documented shortage of information technology workers. Increasingly, workers in all fields of employment will need to be computer literate. Ensuring that classrooms have computers that are used effectively to teach students will help meet this need. SEC. 3. AMENDMENT TO THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION ACT. The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended-- (1) by redesignating part C as part D; and (2) by inserting after part B the following new part: ``PART C--COMPUTERS IN OUR COMMUNITY PROGRAM ``SEC. 131. PURPOSE. ``It is the purpose of this part to establish programs to advance the computer skills of American workers in the global economy and to use computer technology to advance the general educational performance of American students. ``SEC. 132. STATE EDUCATIONAL AGENCY GRANT PROGRAM. ``(a) Program Authority.--From 85 percent of the amount made available under section 137 for any fiscal year, the Secretary, acting through the Assistant Secretary, shall make grants to each participating State educational agency for allocation among local educational agencies in such State. ``(b) Allocation of Funds.-- ``(1) State allocations.--The Secretary shall allocate to each participating State educational agency an amount that bears the same ratio to such 85 percent of the amount made available under section 137 for a fiscal year as the total amount allocated to such State educational agency under title I of the Elementary and Secondary Education Act of 1965 for such fiscal year bears to the total amount allocated to all such participating State educational agencies under such title I for such fiscal year. ``(2) Local allocations.--Each participating State educational agency shall allocate to each participating local educational agency an amount that bears the same ratio to the amount allocated to such State for a fiscal year as the total amount allocated to such local educational agency under title I of the Elementary and Secondary Education Act of 1965 for such fiscal year bears to the total amount allocated to all such participating local educational agencies in such State under such title I for such fiscal year. ``(c) Eligibility.-- ``(1) Participating state educational agencies.--In order to qualify as a participating State educational agency for purposes of this section, a State educational agency shall create or modify and submit to the Secretary a technology plan that-- ``(A) identifies the current ratio of students to computers in each school district in the State, and specifies the Internet connectivity of the computer systems in such districts; and ``(B) complies with such other criteria as the Secretary, in conjunction with the Secretary of Education, shall prescribe to assure that the funds provided under this section are being used properly in schools to advance the use of technology to effectively teach students computer skills and improve the general educational performance of students. ``(2) Participating local educational agencies.--In order to qualify as a participating local educational agency for purposes of this section, a local educational agency shall create or modify and submit to the State educational agency a technology plan that proves such local educational agency is meeting the goals of the technology plan of the State educational agency. ``(d) Use of Funds.--Funds provided under this section may be used for the following: ``(1) The purchase of computers that meet a minimum standard as determined by the Secretary. ``(2) The electrical wiring that schools may require to connect computers to each other and to the Internet. ``(3) Hiring technological assistants to ensure that each school has access to a trained computer professional to provide technology training for teachers and perform maintenance of computer systems. A maximum of 1 technological assistant per 5 elementary schools, 1 technological assistant per 3 middle schools, and 1 technological assistant per 2 high schools may be paid for with such funds. ``SEC. 133. DIGITAL DIVIDE WORKFORCE TRAINING INITIATIVE. ``(a) Program Authority.--From 5 percent of the amount made available under section 137 for any fiscal year, the Secretary, acting through the Assistant Secretary, shall carry out a program to award grants, on a competitive basis, to nonprofit organizations for the establishment of job training programs for preparing individuals for computer and technology related jobs. ``(b) Criteria.--The Secretary, after consultation with the Secretary of Labor, shall establish the criteria for administering the grants under this section, which shall include the following: ``(1) Grants under this section shall be for 2 years. ``(2) Grant applicants shall serve low income individuals, as such term is defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). ``(3) Grant applicants may submit an application under this section only after consulting with the appropriate local workforce investment board under such Act, and obtaining a favorable recommendation of the application by such board. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to applications that-- ``(1) are submitted by nonprofit organizations that have experience in providing technological training; ``(2) propose job training programs that will serve individuals most in need of computer and technology training, as determined by the Secretary; and ``(3) provide flexibility in training in order to accommodate a greater number of individuals. ``(d) Application.--To seek a grant under this section, an applicant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary, in conjunction with the Secretary of Labor, may reasonably prescribe. Each such application shall provide a system for tracking the employment success of individuals who attend any proposed job training program. ``(e) Follow-up.--The Secretary shall review the success of the program under this section and submit a report to Congress thereon not later than 2 years after amounts are first available for implementation of the program. ``SEC. 134. COMMUNITY CENTERS AND LIBRARIES TECHNOLOGY ACCESS GRANTS. ``(a) Program Authority.--From 5 percent of the amount made available under section 137 for any fiscal year, the Secretary, acting through the Assistant Secretary, shall carry out a program to award grants, on a competitive basis, to provide assistance to community centers and libraries to provide greater access to, instruction on, and assistance with computers and the Internet. ``(b) Criteria.--The Secretary shall establish the criteria for administering the grants under this section, which shall include the following: ``(1) Any entity requesting funds under this section shall provide such assurances as the Secretary may require to demonstrate that the entity will provide, from other sources (which may include contributions from State or local government), an equal amount of funds for carrying out the purposes of the grant. ``(2) Eligible recipients of grants under this section shall be community centers that receive Federal, State, or local government funding, public libraries, and nonprofit organizations working in conjunction with such centers and libraries. ``(3) Each recipient of grant funds under this section shall use such funds to establish a program for providing greater access to, instruction on, and assistance with computers and the Internet. ``(4) Grants under this section shall be for 3 years. ``(c) Priority.--In awarding grants under this section, the Secretary shall give priority to applications that demonstrate that the program for which funds are sought-- ``(1) will be able to sustain funding in the absence of Federal funding; and ``(2) will serve areas with a low rate of access to computers and the Internet. ``(d) Application.--To seek a grant under this section, an applicant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably prescribe. Each such application shall include-- ``(1) a description of the proposed program, including how the program would will make technology available to areas with a low rate of access to computers and the Internet; ``(2) a demonstration of the need for computers and access to the Internet in the area to be served; and ``(3) a description of the type technology that will be provided. ``SEC. 135. COMPUTER CURRICULUM PARTNERSHIP. ``(a) Program Authority.--From 5 percent of the amount made available under section 137 for any fiscal year, the Secretary, acting through the Assistant Secretary, shall carry out a program to award grants, on a competitive basis, to institutions of higher education that create successful partnerships between their education and computer departments to create software or Internet applications-- ``(1) to train teachers in using computers, and using computers to teach students; or ``(2) to use in the classroom to teach students. ``(b) Criteria.--The Secretary, after consultation with the Secretary of Education, shall establish the criteria for administering the grants under this section. Such criteria shall include priorities for awarding funds under this section-- ``(1) based on the need of the schools being served and their educational priorities; and ``(2) giving preference to those applicants that will operate their programs in conjunction with local educational agencies. ``(c) Clearinghouse.--The Secretary shall, in conjunction with the Secretary of Education, develop a clearinghouse to make available information derived from the activities of recipients of funds under this section to other schools throughout the United States. ``(d) Application.--To seek a grant under this section, an applicant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary, in conjunction with the Secretary of Education, may reasonably prescribe. Each application shall include a description of the format of the software or Internet applications to be created. ``SEC. 136. ADMINISTRATIVE COSTS. ``Of amounts available to carry out a program to award grants under each of sections 133, 134, and 135, the Secretary may not use more than 1 percent to pay administration costs under that section. ``SEC. 137. REGULATIONS. ``The Secretary may prescribe such regulations as may be necessary to carry out this part. ``SEC. 138. APPROPRIATIONS AUTHORIZED. ``There are authorized to be appropriated to carry out this part for any fiscal year an amount not to exceed the amount deposited to the Computers in Our Communities Trust Fund for such fiscal year pursuant to section 9511 of the Internal Revenue Code of 1986. ``SEC. 139. DEFINITIONS. ``As used in this part-- ``(1) the terms `State educational agency' and `local educational agency' have the meanings provided such terms in section 14101 of the Elementary and Secondary Education Act of 1965; and ``(2) the term `institution of higher education' has the meaning provided such term in section 102 of the Higher Education Act of 1965.''. SEC. 4. COMPUTERS IN OUR COMMUNITIES TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by inserting after section 9510 the following: ``SEC. 9511. COMPUTERS IN OUR COMMUNITIES TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Computers in Our Communities Trust Fund', consisting of such amounts as may be appropriated or credited pursuant to this section or section 9602(b). ``(b) Transfer to Computers in Our Communities Trust Fund Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Computers in Our Communities Trust Fund amounts equivalent to 100 percent of the taxes received in the Treasury after September 30, 2000, under section 4251 (relating to tax on communications). ``(c) Expenditures From Computers in Our Communities Trust Fund.-- Amounts in the Computers in Our Communities Trust Fund shall be available for making appropriations to carry out the provisions of part C of the National Telecommunications and Information Administration Organization Act.''. (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9511. Computers in Our Communities Trust Fund.'' SEC. 5. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS SERVICES. (a) In General.--Section 4251(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--The term `applicable percentage' means 1 percent.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts paid pursuant to bills first rendered after September 30, 2000.

(Sec. 3) Directs the Secretary of Commerce (the Secretary), acting through the Assistant Secretary, to make grants to participating SEAs for allocation among local educational agencies (LEAs). Allows such funds to be used for: (1) purchase of computers that meet a minimum standard as determined by the Secretary; (2) the electrical wiring that schools may require to connect computers to each other and to the Internet; and (3) hiring technological assistants to ensure that each school has access to a trained computer professional to provide technology training for teachers and perform maintenance of computer systems. Allows the use of such funds to pay a maximum of one technological assistant per: (1) five elementary schools; (2) three middle schools; and (3) two high schools. Directs the Secretary, acting through the Assistant Secretary, to award competitive grants to the following entities for the following programs: (1) nonprofit organizations, to establish job training programs for preparing low-income individuals for computer and technology related jobs (digital divide workforce training initiative); (2) community centers and libraries, to provide greater access to, instruction on, and assistance with computers and the Internet (technology access); (3) institutions of higher education (IHEs) that create successful partnerships between their education and computer departments to create software or Internet applications to train teachers in using computers, and using computers to teach students or to use in the classroom to teach students (computer curriculum partnership). Directs the Secretary and the Secretary of Education to develop a clearinghouse to make available to other schools throughout the Nation information derived from activities of IHE recipients of curriculum partnership grants. Authorizes appropriations. (Sec. 4) Amends the Internal Revenue Code to establish the Computers in Our Communities Trust Fund. Transfers to such Fund amounts equivalent to certain taxes on communications. Makes amounts in such fund available for appropriations to carry out the Computers in Our Communities Program. (Sec. 5) Reduces an excise tax on telephone and other communications services.

Computers in Our Community Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Support Payment Act''. SEC. 2. DECLARATIONS OF CONGRESS. (a) Right To Support.--The Congress hereby declares that every unemancipated child has a natural, moral, social, and Federal right to be supported by such child's parent or parents and that such right transcends the status of debt. (b) Effect of Exercise of Right To Travel.--The Congress further declares that while sound national policy requires that migration throughout the United States be unrestricted, experience has disclosed that in the exercise of the right of migration and travel many individuals leave behind them dependent and neglected children; and that although the courts of the State in which such children reside may have properly ordered an individual to meet his or her natural, moral, social, and Federal obligation to such children, once such individual has traveled to another State such individual has a practical sanctuary against jurisdiction of the original State of residence. (c) Instances of Departure Preceding Court Jurisdiction.--The Congress further declares that in other instances the departure preceded acquisition of jurisdiction over the individual by courts of the original State with like result. (d) Child Support Enforcement Amendments of 1984 Were Significant Steps.--In enacting the Child Support Enforcement Amendments of 1984 the Congress took significant steps to assist children in obtaining needed financial support from their parents regardless of their circumstances, but many of the evils outlined above remain. (e) Policy.--It is the policy of Congress in this Act to correct these evils-- (1) by requiring that orders of State courts directing individuals to meet their natural, moral, social, and Federal obligations to such children shall be enforced in the State courts in areas to which such individuals have migrated from the original jurisdiction within the United States; and (2) by giving State courts, in States to which such individuals have migrated, original jurisdiction in suits brought by citizens of other States to order such migrants to meet such obligations, to the end that such children will not suffer want or be made the objects of public welfare and thus become an unnecessary burden to the general public and be themselves thereby humiliated. SEC. 3. ENFORCEMENT OF STATE COURT ORDERS. (a) In General.--Part VI of title 28, United States Code, is amended by adding at the end thereof the following new chapter: ``CHAPTER 180.--ENFORCEMENT OF STATE COURT SUPPORT ORDERS ``Sec. ``3801. Definitions. ``3802. Registration of support orders. ``3803. Enforcement. ``3804. Notice to original court. ``Sec. 3801. Definitions ``As used in this chapter-- ``(1) the term `support order' means an order of a State court having jurisdiction over an individual, directing such individual to make payments periodically to (or for the support of) such individual's child (whether the issue of such individual's body, legitimate or illegitimate, or adopted); ``(2) the term `obligor', with respect to a support order, means an individual who is directed to make payments under the order; ``(3) the term `obligee' means any individual to whom the proceeds of a support order are payable for such individual, or for the use or benefit of another individual, or such other individual's guardian or guardian ad litem; ``(4) the term `original court', with respect to a support order, means the court in which the order was made; ``(5) the term `State' includes the territories and the District of Columbia; and ``(6) the term `registered', with respect to a support order, means registered under section 3102 of this title. ``Sec. 3802. Registration of support orders ``Any obligee of a support order may register the order in any court of any State in which an obligor of the order resides, if the court is located outside the State in which the order was made, and has jurisdiction to issue support orders. Registration shall be accomplished by filing with the clerk of the court a certified copy of the support order and of each order of the original court modifying the support order. ``Sec. 3803. Enforcement ``(a) Any court in which a support order is registered shall entertain contempt proceedings, in the same manner as if the order were an order of such court, against an obligor who fails to comply with the order within thirty days after being served notice that it has been registered. ``(b) No proceedings to enforce a support order shall be begun in any court under this section unless a copy of each order of the original court modifying the support order is registered under section 3102 of this title. ``(c) The cost of enforcement proceedings under this section shall be taxed against the party against whom the issues are resolved. The obligor shall be required to pay a reasonable attorney fee to the obligee if the court finds the proceedings were necessary to compel the obligor to comply with the support order. ``Sec. 3804. Notice to original court ``When, in any court, any support order is registered under section 3102 of this title or any proceedings are taken under section 3103 of this title to enforce a support order, written notice of such action under the seal of such court shall be sent to the original court.''. (b) Clerical Amendment.--The table of chapters for part VI of title 28, United States Code, is amended by adding at the end thereof the following new item: ``180. Enforcement of State Court Support Orders............ 3801''. SEC. 4. STATE COURT JURISDICTION. Section 1332 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(e) State courts shall have original jurisdiction of civil actions brought by a citizen of another State to order a citizen of the State in which the court is located to make payments periodically to (or for the support of) such citizen's child (whether the issue of such citizen's body, legitimate or illegitimate, or adopted) if under the law of such State a State court is authorized to make such an order, as an incident to a divorce proceeding or otherwise.''.

Federal Support Payment Act - Amends the Federal judicial code to: (1) provide for the registration and enforcement of child support orders in States outside the State in which the order was made; (2) require notice of such registration and enforcement to be provided to the original court; and (3) grant State courts original jurisdiction of civil actions brought by a citizen of another State to order a citizen of the State in which the court is located to make payments periodically to (or for the support of) such citizen's child if under the law of such State a State court is authorized to make such an order.

Federal Support Payment Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation and Regional Infrastructure Project Bonds Act of 2013'' or ``TRIP Bonds Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Our Nation's highways, transit systems, railroads, ports, and inland waterways drive our economy, enabling all industries to achieve growth and productivity that makes America strong and prosperous. (2) The establishment, maintenance, and improvement of the national transportation network is a national priority, for economic, environmental, energy, security, and other reasons. (3) The ability to move people and goods is critical to maintaining State, metropolitan, rural, and local economies. (4) The construction of infrastructure requires combining skills from numerous occupations, including those in the contracting, engineering, planning and design, materials supply, manufacturing, distribution, and safety industries. (5) Investing in transportation infrastructure creates long-term capital assets for the Nation that will help the United States address its enormous infrastructure needs and improve its economic productivity. (6) Investment in transportation infrastructure creates jobs and spurs economic activity to put people back to work and stimulate the economy. (7) Every billion dollars in transportation investment has the potential to create up to 30,000 jobs. (8) Every dollar invested in the Nation's transportation infrastructure yields at least $5.70 in economic benefits because of reduced delays, improved safety, and reduced vehicle operating costs. (9) Numerous experts have noted that the estimated cost to maintain and improve our Nation's highways, bridges, and other critical transportation infrastructure significantly exceeds what is currently being provided by all levels of government. (b) Purpose.--The purpose of this Act is to provide financing for additional transportation infrastructure capital investments. SEC. 3. CREDIT TO HOLDERS OF TRIP BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. TRIP BONDS. ``(a) TRIP Bond.--For purposes of this subpart, the term `TRIP bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for expenditures incurred after the date of the enactment of this section for 1 or more qualified projects pursuant to an allocation of such proceeds to such project or projects by a State infrastructure bank, ``(2) the bond is issued by or for the benefit of a State infrastructure bank and is in registered form (within the meaning of section 149(a)), ``(3) the State infrastructure bank designates such bond for purposes of this section, ``(4) the term of each bond which is part of such issue does not exceed 30 years, ``(5) the issue meets the requirements of subsection (e), ``(6) the State infrastructure bank certifies that the State meets the State contribution requirement of subsection (h), as in effect on the date of issuance, and ``(7) the State infrastructure bank certifies the State meets the requirement described in subsection (i). ``(b) Qualified Project.--For purposes of this section-- ``(1) In general.--The term `qualified project' means a capital transportation infrastructure project of any governmental unit or other person, including roads, bridges, rail and transit systems, ports, and inland waterways proposed and approved by a State infrastructure bank, but does not include costs of operations or maintenance with respect to such project. ``(2) Certain projects.--Such term also includes any flood damage risk reduction project with a completed Report of the Chief of Engineers, with the proceeds of issued bonds available for a State to provide to the United States Army Corps of Engineers (under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes,' approved June 22, 1936 (33 U.S.C. 701h)) funds in excess of any required non-Federal cost share for such project. ``(c) Applicable Credit Rate.--In lieu of section 54A(b)(3), for purposes of section 54A(b)(2), the applicable credit rate with respect to an issue under this section is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding comparable-term corporate debt obligations (determined in such manner as the Secretary prescribes). ``(d) Limitation on Amount of Bonds Designated.-- ``(1) In general.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by any State infrastructure bank shall not exceed the TRIP bond limitation amount allocated to such bank under paragraph (3). ``(2) National limitation amount.--There is a TRIP bond limitation amount for each calendar year. Such limitation amount is-- ``(A) $5,000,000,000 for 2014, ``(B) $5,000,000,000 for 2015, ``(C) $10,000,000,000 for 2016, ``(D) $10,000,000,000 for 2017, ``(E) $10,000,000,000 for 2018, ``(F) $10,000,000,000 for 2019, and ``(G) except as provided in paragraph (4), zero thereafter. ``(3) Allocations to states.-- ``(A) In general.--The TRIP bond limitation amount for each calendar year shall be allocated by the Secretary among the States such that each State is allocated 2 percent of such amount. ``(B) Return of unused allocations.--Any allocation to a State under subparagraph (A) which remains unused on the last day of the calendar year for which the allocation was made shall be relinquished by the State and reallocated by the Secretary proportionally among participating States. ``(4) Carryover of unused issuance limitation.--If for any calendar year the TRIP bond limitation amount under paragraph (2) exceeds the amount of TRIP bonds issued during such year, such excess shall be carried forward to 1 or more succeeding calendar years as an addition to the TRIP bond limitation amount under paragraph (2) for such succeeding calendar year and until used by issuance of TRIP bonds. ``(e) Special Rules Relating to Expenditures.-- ``(1) In general.--An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the State infrastructure bank reasonably expects-- ``(A) at least 100 percent of the available project proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year expenditure period beginning on such date, ``(B) within the 12-month period beginning on such date, to incur a binding commitment with a third party for such third party-- ``(i) to spend at least 10 percent of the proceeds of such issue within the 12-month period following the date of entering into such commitment, or ``(ii) to commence construction within the 12-month period following the date of entering into such commitment with respect to any qualified project or combination of qualified projects the costs of which account for at least 10 percent of the proceeds of such issue, and ``(C) to proceed with due diligence to complete such projects and to spend the proceeds of such issue. ``(2) Rules regarding continuing compliance after 5-year determination.--To the extent that less than 100 percent of the available project proceeds of such issue are expended by the close of the 5-year expenditure period beginning on the date of issuance, the State infrastructure bank shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(f) Recapture of Portion of Credit Where Cessation of Compliance.--If any bond which when issued purported to be a TRIP bond ceases to be such a bond, the State infrastructure bank shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of-- ``(1) the aggregate of the credits allowable under section 54A with respect to such bond (determined without regard to section 54A(c)) for taxable years ending during the calendar year in which such cessation occurs and each succeeding calendar year ending with the calendar year in which such bond is redeemed by the bank, and ``(2) interest at the underpayment rate under section 6621 on the amount determined under paragraph (1) for each calendar year for the period beginning on the first day of such calendar year. ``(g) TRIP Bonds Trust Accounts.-- ``(1) In general.--The following amounts shall be held in a TRIP Bonds Trust Account (including 1 or more subaccounts) by each State infrastructure bank: ``(A) The proceeds from the sale of all bonds issued by or for the benefit of such bank under this section. ``(B) The amounts described in subsection (h). ``(C) Any earnings on any amounts described in subparagraph (A) or (B). ``(2) Use of funds.--Amounts in each TRIP Bonds Trust Account may be used only to pay costs of qualified projects, pay interest (if any) on TRIP bonds, and redeem TRIP bonds, except that amounts withdrawn from the TRIP Bonds Trust Account to pay costs of qualified projects may not exceed the proceeds from the sale of TRIP bonds described in subsection (a)(1). ``(3) Use of remaining funds in trip bonds trust account.-- Upon the redemption of all TRIP bonds issued by the State infrastructure bank under this section, any remaining amounts in the TRIP Bonds Trust Account held by such bank shall be available to pay the costs of any qualified project in such State. ``(4) Applicability of federal law.--The requirements of any Federal law, including titles 23, 40, and 49 of the United States Code, which would otherwise apply to projects to which the United States is a party or to funds made available under such law and projects assisted with those funds shall apply to-- ``(A) funds made available under each TRIP Bonds Trust Account for similar qualified projects, other than contributions required under subsection (h), and ``(B) similar qualified projects assisted through the use of such funds. ``(5) Investment.--Subject to subsections (e) and (f), it shall be the duty of the State infrastructure bank to invest in investment grade obligations such portion of the TRIP Bonds Trust Account held by such Bank as is not, in the judgment of such bank, required to meet current withdrawals. To the extent cost-effective, investments should be made in securities that support infrastructure investment at the State and local level. ``(h) State Contribution Requirements.-- ``(1) In general.--For purposes of subsection (a)(6), the State contribution requirement of this subsection is met if the State infrastructure bank has obtained a commitment, not later than the date of issuance of the bond, for deposit into the TRIP Bonds Trust Account equal annual installments sufficient, together with earnings thereon, to repay the principal of the TRIP bond at maturity. ``(2) State contributions may not include federal funds.-- For purposes of this subsection, State contributions shall not be derived, directly or indirectly, from Federal funds, including any transfers from the Highway Trust Fund under section 9503. ``(3) Requirements in lieu of any other matching contribution requirements.--For purposes of subsection (g)(4), the TRIP bond proceeds may be applied toward any State matching contribution requirement under any other Federal law. ``(i) Utilization of Updated Construction Technology for Qualified Projects.--For purposes of subsection (a)(7), the requirement of this subsection is met if the appropriate State agency relating to the qualified project is utilizing updated construction technologies. ``(j) Other Definitions and Special Rules.--For purposes of this section-- ``(1) State infrastructure bank.-- ``(A) In general.--The term `State infrastructure bank' means a State infrastructure bank established under section 610 of title 23, United States Code, and includes a joint venture among 2 or more State infrastructure banks. Such term also includes, with respect to any State that has not established a State infrastructure bank prior to the date of the enactment of this section, the State Department of Transportation of such State, or such other public instrumentality designated by the State to issue bonds under this section. ``(B) Special authority.--Notwithstanding any other provision of law, a State infrastructure bank shall be authorized to perform any of the functions necessary to carry out the purposes of this section, including the making of direct grants to qualified projects from available project proceeds of TRIP bonds issued by such bank. ``(2) Prohibition on use of highway trust fund.-- Notwithstanding any other provision of law, no funds derived from the Highway Trust Fund established under section 9503 shall be used to pay for credits under this section.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or'' at the end of subparagraph (D), (B) by inserting ``or'' at the end of subparagraph (E), (C) by inserting after subparagraph (E) the following new subparagraph: ``(F) a TRIP bond,'', and (D) by inserting ``(paragraphs (3), (4), and (6), in the case of a TRIP bond)'' after ``and (6)''. (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a TRIP bond, a purpose specified in section 54G(a)(1).''. (c) Clerical Amendment.--The table of sections for subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 54G. TRIP bonds.''. (d) Effective Date.--The amendments made by this Act shall apply to bonds issued after December 31, 2013.

Transportation and Regional Infrastructure Project Bonds Act of 2013 or TRIP Bonds Act - Amends the Internal Revenue Code to allow an income tax credit for any TRIP bond issued by or for the benefit of a state infrastructure bank as part of an issue, if 100% of the available project proceeds from such issue are to be used for expenditures incurred for one or more qualified projects. Requires proceeds from the sale of bonds issued under this Act to be held in a TRIP Bonds Trust Account (including one or more subaccounts). Defines "qualified project" as a capital transportation infrastructure project (including roads, bridges, rail and transit systems, ports, and inland waterways) proposed and approved by a state infrastructure bank, as well as any flood damage risk reduction project with a completed Report of the Chief of Engineers of the Army Corps of Engineers.

TRIP Bonds Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``AI in Government Act of 2018''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Administration'' means the General Services Administration; (2) the term ``Administrator'' means the Administrator of General Services; (3) the term ``Board'' means the advisory board established under section 4(a); (4) the term ``Executive agency'' has the meaning given the term in section 105 of title 5, United States Code; (5) the term ``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); (6) the term ``nonprofit organization'' means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and (7) the term ``Policy Lab'' means the Emerging Technology Policy Lab described in section 3. SEC. 3. EMERGING TECHNOLOGY POLICY LAB. (a) In General.--There is within the Administration an office to be known as the ``Emerging Technology Policy Lab'', which shall-- (1) advise and promote the efforts of the Federal Government in ensuring that the use of emerging technologies by the Federal Government, including artificial intelligence, is in the best interest of the public; and (2) improve cohesion and competency in Federal agency rule making and the use of emerging technologies. (b) Duties.--The duties of the Policy Lab shall include-- (1) regularly convening individuals from Executive agencies, industry, Federal laboratories, nonprofit organizations, institutions of higher education, and other entities to discuss recent developments in emerging technologies, including the dissemination of information regarding programs, pilots, and other initiatives at Federal agencies, as well as recent trends and relevant information on those technologies; (2) advising Federal Government acquisition and use of emerging technologies through technical insight and expertise, as needed; (3) identifying and disseminating information regarding educational and workforce development opportunities for Executive agency employees relative to emerging technology topics, and leading those opportunities, as needed; (4) studying economic, policy, legal, and ethical challenges and implications related to the use of artificial intelligence and other emerging technologies by the Federal Government, including how the privacy, civil liberties, and civil rights of individuals are or will be affected by the use of emerging technologies by the Federal Government; (5) working with industry to improve the leadership of industry in emerging technology and the ability to compete successfully in international markets; and (6) encouraging and assisting joint initiatives by State or local governments, regional organizations, private businesses, institutions of higher education, nonprofit organizations, and Federal laboratories. (c) Staff.-- (1) In general.--The Administrator shall provide necessary staff, resources, and administrative support for the Policy Lab. (2) Temporary or term appointments.--The Administrator may hire temporary or term employees in accordance with part 316 of title 5, Code of Federal Regulations, or any successor regulation, to serve as Policy Lab employees. (3) Fellows.--The Administrator may, to the maximum extent practicable, appoint fellows to participate in the Policy Lab from nonprofit organizations, think tanks, institutions of higher education, and industry. (4) Details.--When appropriate, and to the maximum extent practicable, the Administrator may detail Policy Lab employees to Executive agencies on a reimbursable or non-reimbursable basis in accordance with section 3341 of title 5, United States Code. (d) Responsibilities of OMB and OSTP.--The Office of Management and Budget and the Office of Science and Technology Policy shall coordinate with the Administrator and the Board to identify policy opportunities and challenges that emerging technologies, especially artificial intelligence, present in the respective domains of Executive agencies. (e) Report to Congress.--The Administrator shall submit to Congress an annual report on the Policy Lab, which shall include, for the preceding year-- (1) a summary of the activity of the Policy Lab, including a description of specific projects worked on in partnership with Federal agencies; (2) recommendations on ways in which Executive agencies can better support the development and deployment of emerging technologies, including initiatives designed to promote knowledge of those technologies among the Federal workforce; and (3) an identification of joint initiatives encouraged or assisted under subsection (b)(6). (f) Transfer of Functions.--All functions of the Emerging Citizen Technology Office of the Administration, including the personnel, assets, and obligations of the Emerging Citizen Technology Office, as in existence before the date of enactment of this Act, shall be transferred to the Policy Lab. (g) Deeming of Name.--Any reference in law, regulation, document, paper, or other record of the United States to the Emerging Citizen Technology Office of the Administration shall be deemed a reference to the Policy Lab. SEC. 4. ADVISORY BOARD. (a) In General.--The Administrator shall establish an advisory board to advise the Administrator on issues that are relevant to the mission and duties of the Policy Lab and to inform the priorities and projects worked on by the Policy Lab. (b) Composition.-- (1) Chairs.--The Board shall be co-chaired by the Administrator and the Secretary of Commerce. (2) Other members.--The Board shall be composed of the following members: (A) 1 designee from each of the following: (i) The Office of Science and Technology Policy. (ii) The Office of Management and Budget. (iii) The Department of Commerce. (iv) The Administration. (B) 4 designees from Federal agencies not listed in subparagraph (A), who shall be designated by the Director of the Office of Management and Budget once every 12 months. (C) 8 members designated by the co-chairs of the Board once every 6 months, of whom-- (i) 4 shall be representatives of relevant industries; (ii) 2 shall be representatives of institutions of higher education; and (iii) 2 shall be representatives of public interest groups representing privacy and civil liberties issues. (3) Qualifications.--Each member of the Board designated under subparagraph (B) or (C) of paragraph (2) shall have demonstrated experience and expertise in the field of emerging technologies or technology policy. (c) Meetings.--The Board shall meet not less frequently than once every 12 months. (d) Annual List.--Each year, the Board shall publish on a publicly available website a list of areas of improvement within the Federal Government that would benefit from additional technical or technical policy expertise. (e) Compensation.--Members of the Board shall serve on the Board without compensation, except that members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (f) Duration.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. SEC. 5. REPORT. Not later than 6 months after the date of enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Administrator, shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Oversight and Government Reform and the Committee on Energy and Commerce of the House of Representatives a report describing-- (1) the strategy for investment by the Federal Government in, development of, and use of artificial intelligence; and (2) how the strategy described in paragraph (1) relates to the existing data strategies of Federal agencies. SEC. 6. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE. Not later than 180 days after the date of enactment of this Act, and in accordance with chapter 51 of title 5, United States Code, the Director of the Office of Personnel Management shall-- (1) identify key skills and competencies needed for positions related to artificial intelligence; and (2) establish an occupational series, or update and improve an existing occupational job series, to include positions the primary duties of which relate to artificial intelligence. SEC. 7. SUNSET. Section 3 and 4 of this Act shall cease to be effective on the date that is 5 years after the date of enactment of this Act.

AI in Government Act of 2018 This bill establishes the Emerging Technology Policy Lab within the General Services Administration (GSA) to advise and promote the efforts of the federal government in ensuring that the use of emerging technologies by the government, including artificial intelligence, is in the best interest of the public; and improve cohesion and competency in federal agency rule making and the use of emerging technologies. In addition, the Office of Personnel Management must identify key skills and competencies needed for positions related to artificial intelligence; and establish an occupational series, or revise an existing occupational job series, to include positions the primary duties of which relate to artificial intelligence.

AI in Government Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Lives Act''. SEC. 2. DEFINITIONS AND SEVERABILITY. (a) Definitions.--In this Act: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) State.--The term ``State'' has the meaning given to such term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)). (b) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. SEC. 3. INFORMATION SHARING REGARDING CRIMINAL ALIENS. Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended-- (1) by striking ``Immigration and Naturalization Service'' each place it appears and inserting ``Department of Homeland Security''; (2) in subsection (a), by striking ``may'' and inserting ``shall''; (3) in subsection (b)-- (A) by striking ``no person or agency may'' and inserting ``a person or agency shall not''; and (B) by striking ``doing any of the following with respect to information'' and inserting ``undertaking any of the following law enforcement activities''; and (4) by striking paragraphs (1) through (3) and inserting the following: ``(1) Notifying the Federal Government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a State or political subdivision of a State. ``(2) Complying with requests for information from Federal law enforcement.''; and (5) by adding at the end the following: ``(d) Sanctuary Polices.--Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official shall not issue in the form of resolutions, ordinances, administrative actions, general or special orders, or departmental policies that violate Federal law or restrict a State or political subdivision of a State from complying with Federal law or coordinating with Federal law enforcement. ``(e) Compliance.-- ``(1) In general.--A State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive-- ``(A) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the `Cops on the Beat' program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.); or ``(B) any other law enforcement or Department of Homeland Security grant. ``(2) Annual determination.-- ``(A) Requirement.--Not later than March 1 of each year, the Secretary of Homeland Security shall determine which States or political subdivisions of a State are not in compliance with this section and report such determination to Congress. ``(B) Ineligibility for financial assistance.--Any jurisdiction that the Secretary determines is not in compliance under subparagraph (A)-- ``(i) shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year; and ``(ii) shall only become eligible for such assistance after the Secretary certifies that the jurisdiction is in compliance. ``(3) Reallocation.--Any funds that are not allocated to a State or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with this section shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. ``(f) State and Local Law Enforcement Provision of Information About Apprehended Aliens.-- ``(1) Provision of information.--In compliance with this section and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and each political subdivision of a State, shall provide the Secretary of Homeland Security in a timely manner with identifying information with respect to each alien in the custody of the State, or a political subdivision of the State, who is believed to be inadmissible or deportable. ``(2) Annual report on compliance.--Not later than March 1 of each year, the Secretary shall determine which States, or the political subdivisions of States, are not in compliance with this section and submit such determination to Congress. ``(g) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (f)(1). ``(h) Construction.--Nothing in this section shall require law enforcement officials of a State, or from political subdivisions of a State-- ``(1) to provide the Secretary of Homeland Security with information related to a victim of a crime or witness to a criminal offense; or ``(2) to otherwise report or arrest such a victim or witness.''. SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS. (a) In General.--Except as otherwise provided by Federal law or rule of procedure, the Secretary shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute the Secretary's duties. (b) State and Local Cooperation With DHS Detainers.--A State, or a political subdivision of a State, that has in effect a statute or policy or practice providing that it not comply with any Department detainer ordering that it temporarily hold an alien in their custody so that the alien may be taken into Federal custody, or transport the alien for transfer to Federal custody, shall not be eligible to receive-- (1) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the ``Cops on the Beat'' program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.); or (2) any other law enforcement or Department grant. (c) Immunity.--A State or a political subdivision of a State acting in compliance with a Department detainer who temporarily holds aliens in its custody so that they may be taken into Federal custody, or transports the aliens for transfer to Federal custody, shall be considered to be acting under color of Federal authority for purposes of determining its liability, and immunity from suit, in civil actions brought by the aliens under Federal or State law. (d) Probable Cause.--It is the sense of Congress that the Department has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding such alien under the standards in place on the date of introduction of this Act. SEC. 5. ILLEGAL REENTRY. Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended-- (1) in subsection (a), in the undesignated matter following paragraph (2), by striking ``not more than 2 years,'' and inserting ``not less than 5 years,''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``not less than 5 years and'' after ``imprisoned''; (B) in paragraph (2), by inserting ``not less than 5 years and'' after ``imprisoned''; (C) in paragraph (3), by striking ``sentence.'' and inserting ``sentence;''; and (D) in paragraph (4), by inserting ``not less than 5 years and'' after ``imprisoned for''.

Protecting American Lives Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to declare that a person or agency shall not prohibit or restrict a federal, state, or local government entity from undertaking any of the following law enforcement activities (current law refers to information activities) regarding an individual's immigration status: notifying the federal government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a state or political subdivision of a state (political subdivision), or complying with federal law enforcement information requests. A federal, state, or local government entity or official shall not issue ordinances, administrative actions, general or special orders, or departmental policies that violate federal law or restrict a state or political subdivision from complying with federal law or coordinating with federal law enforcement. A state or political subdivision that has in effect a statute, policy, or practice that prohibits state or local law enforcement officers from assisting or cooperating with federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive: (1) funds for the incarceration of undocumented criminal aliens or for the Cops on the Beat program, or (2) any other law enforcement or Department of Homeland Security (DHS) grant. States or political subdivisions not in compliance shall: (1) be ineligible to receive such assistance for at least one year, and (2) become eligible for such assistance only after DHS certifies that the jurisdiction is in compliance. Withheld funds shall be reallocated to complying states or political subdivisions. States and political subdivisions shall provide DHS with identifying information regarding each incarcerated alien who is believed to be inadmissible or deportable. Nothing in this Act shall require state or local law enforcement officials to: (1) provide DHS with information related to a victim of a crime or witness to a criminal offense, or (2) otherwise report or arrest such a victim or witness. A state or a political subdivision acting in compliance with a DHS detainer that temporarily holds aliens in its custody so that they may be taken into federal custody, or transports the aliens for transfer to federal custody, shall be considered to be acting under color of federal authority for purposes of determining its liability, and immunity from suit in civil actions brought by the aliens under federal or state law. It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this Act. The Immigration and Nationality Act is amended to increase mandatory minimum sentences for the illegal re-entry of an alien who: (1) was previously denied admission, excluded, deported, or removed; or (2) was removed for certain criminal convictions or excluded for security-related grounds.

Protecting American Lives Act

SECTION 1. ZERO PERCENT CAPITAL GAINS RATE FOR INDIVIDUALS AND CORPORATIONS. (a) Zero Percent Capital Gains Rate for Individuals.-- (1) In general.--Paragraph (1) of section 1(h) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C), by redesignating subparagraphs (D) and (E) and subparagraphs (C) and (D), respectively, and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable income);''. (2) Alternative minimum tax.--Paragraph (3) of section 55(b) is amended by striking subparagraph (C), by redesignating subparagraph (D) as subparagraph (C), and by amending subparagraph (B) to read as follows: ``(B) 0 percent of the adjusted net capital gain (or, if less, taxable excess), plus''. (3) Repeal of sunset of reduction in capital gains rates for individuals.--Section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 shall not apply to section 301 of such Act. (b) Zero Percent Capital Gains Rate for Corporations.-- (1) In general.--Section 1201 of the Internal Revenue Code of 1986 is amended by redesignating subsection (b) as subsection (c), and by striking subsection (a) and inserting the following new subsections: ``(a) General Rule.--If for any taxable year a corporation has a net capital gain, then, in lieu of the tax imposed by sections 11, 511, 821(a) or (c), and 831(a), there is hereby imposed a tax (if such tax is less than the tax imposed by such sections) which shall consist of the sum of-- ``(1) a tax computed on the taxable income reduced by the amount of the net capital gain, at the rates and in the manner as if this subsection had not been enacted, ``(2) 0 percent of the adjusted net capital gain (or, if less, taxable income), ``(3) 25 percent of the excess (if any) of-- ``(A) the unrecaptured section 1250 gain (or, if less, the net capital gain (determined without regard to subsection (b)(2))), over ``(B) the excess (if any) of-- ``(i) the sum of the amount on which tax is determined under paragraph (1) plus the net capital gain, over ``(ii) taxable income, plus ``(4) 28 percent of the amount of taxable income in excess of the sum of the amounts on which tax is determined under the preceding paragraphs of this subsection. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) In general.--The terms `adjusted net capital gain' and `unrecaptured section 1250 gain' shall have the respective meanings given such terms in section 1(h). ``(2) Dividends taxed at net capital gain.--Except as otherwise provided in this section, the term `net capital gain' has the meaning given such term in section 1(h)(11).''. (2) Alternative minimum tax.--Section 55(b) of such Code is amended by adding at the end the following new paragraph: ``(4) Maximum rate of tax on net capital gain of corporations.--The amount determined under paragraph (1)(B)(i) shall not exceed the sum of-- ``(A) the amount determined under such paragraph computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) the amount determined under section 1201.''. (3) Technical amendments.-- (A) Section 1445(e)(1) of such Code is amended by striking ``35 percent (or, to the extent provided in regulations, 15 percent)'' and inserting ``0 percent''. (B) Section 1445(e)(2) of such Code is amended by striking ``35 percent'' and inserting ``0 percent''. (C) Section 7518(g)(6)(A) of such Code is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (D) Section 607(h)(6)(A) of the Merchant Marine Act, 1936 is amended by striking ``15 percent (34 percent in the case of a corporation)'' and inserting ``0 percent''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (2) Withholding.--The amendments made by subparagraphs (A) and (B) of subsection (b)(3) shall take apply to dispositions and distributions after the date of the enactment of this Act.

Amends the Internal Revenue Code to establish, on a permanent basis, a zero percent tax rate for the net capital gains of individuals and corporations for purposes of the regular and alternative minimum tax. Eliminates the terminating date in the Jobs and Growth Tax Relief Reconciliation Act of 2003 (i.e., December 31, 2008) for provisions that reduce the capital gains tax rate for individuals.

To amend the Internal Revenue Code of 1986 to provide a permanent zero percent capital gains rate for individuals and corporations.

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Military Range Legacy Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Definitions. Sec. 3. Department of Defense implementation of requirements regarding unexploded ordnance, discarded military munitions, and munitions constituents. Sec. 4. Wide-area assessment of suspected UXO sites. Sec. 5. Detection instrument technology research. Sec. 6. Single Munitions Response Program. Sec. 7. Inventory. Sec. 8. Public database of incidents involving unexploded ordnance or discarded military munitions. Sec. 9. Sense of Congress regarding procurement and use of munitions. Sec. 10. Report on defense site cleanup at military installations closed or realigned under base closure law. Sec. 11. Comptroller General study on adequacy of funding, staffing, and organization of military munitions response program. Sec. 12. Comptroller General study on defense land management and transfer. SEC. 2. DEFINITIONS. In this Act-- (1) The term ``unexploded ordnance'' has the meaning given such term in sections 101(e)(5) of title 10, United States Code. (2) The terms ``defense site'', ``discarded military munitions'', and ``munitions constituents'' have the meanings given such terms in sections 2710(e) of such title. (3) The term ``Secretary'' means the Secretary of Defense. (4) The term ``appropriate congressional committees'' means the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate. SEC. 3. DEPARTMENT OF DEFENSE IMPLEMENTATION OF REQUIREMENTS REGARDING UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS. It is the sense of Congress that the Secretary of Defense should fully implement, within the shortest possible time-frame, all of the requirements of-- (1) chapter 160, United States Code, related to all previous Congressional directives related to the inventorying, characterization, remediation, and management of explosive and related risks with respect to unexploded ordnance, discarded military munitions, and munitions constituents at defense sites; and (2) section 313 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 10 U.S.C. 2706 note) related to the assessment of environmental remediation of unexploded ordnance, discarded military munitions, and munitions constituents at defense sites. SEC. 4. WIDE-AREA ASSESSMENT OF SUSPECTED UXO SITES. Section 2710 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(f) Wide-Area Assessment.--(1) The Secretary shall establish a program (to be known as the `wide-area assessment program') to conduct an assessment of formerly used defense sites that are known or suspected to contain unexploded ordnance, discarded military munitions, or munitions constituents using archival searches of existing records, visual site inspections, airborne wide-area screening, and related technologies, for the purpose of delineating which areas within those sites do not contain unexploded ordnance and discarded military munitions. ``(2) The wide-area assessment program shall be completed by the end of the fifth complete fiscal year beginning after the date of the enactment of the Military Range Legacy Act of 2006. ``(3) There is authorized to be appropriated a total of $1,000,000,000 during fiscal years 2007 through 2011 to carry out the wide-area assessment program. Amounts appropriated pursuant to this authorization of appropriations shall remain available until expended. ``(4) The Secretary shall include as part of the annual inventory and site-prioritization list required by subsection (c) a review of the progress of the wide-area assessment program.'' SEC. 5. DETECTION INSTRUMENT TECHNOLOGY RESEARCH. (a) Research Program Required.--The Secretary shall establish a program for the research, development, testing, and evaluation of unexploded ordnance detection instrument technology. The research shall be done in consultation with appropriate munitions developers in order to encourage the development of complementary munitions and detection technologies. (b) Research Approaches.--The Secretary may carry out the program through-- (1) grants, contracts or other financial arrangements in accordance with other applicable law to private companies, academic and research institutions, or other appropriate nongovernmental entities; or (2) by utilizing an existing Federal agency, laboratory or research entity, as appropriate. (c) Application of Technology to Detection of Improvised Explosive Devices.--Up to 10 percent of the total amount appropriated to carry out the program may be obligated for research into applying unexploded ordnance detection instrument technology to the detection of improvised explosive devices in theaters of combat. (d) Authorization of Appropriations.--There is authorized to be appropriated $30,000,000 for each of fiscal years 2007 through 2011 to carry out the program. Amounts appropriated pursuant to this authorization of appropriations shall remain available until expended. (e) Technology Transfer.--The Secretary shall review impediments to the transition of new unexploded ordnance detection instrument technologies to regular operation in remediation programs and the transfer of such technologies to private companies involved in the detection of unexploded ordnance. The Secretary shall conduct the review in consultation with appropriate private companies and Federal contracting agencies and submit, not later than 180 days after the date of the enactment of this Act, a report to the appropriate congressional committees describing efforts to improve the transfer of such technology. SEC. 6. SINGLE MUNITIONS RESPONSE PROGRAM. (a) Program Manager.--Subsection (k) of section 2701 of title 10, United States Code, is amended to read as follows: ``(k) UXO Program Manager.--(1) The Secretary of Defense shall establish a program manager who shall serve as the single point of contact in the Department of Defense for policy and budgeting issues involving the characterization, remediation, research and management of military munitions response at defense sites (as defined in section 2710 of this title). ``(2) The program manager shall be the single point of contact for military departments and defense agencies with munitions response responsibilities. The program manager shall report to the Assistant Deputy Under Secretary of Defense (Environment, Safety, and Occupational Health). ``(3) The program manager shall establish an independent advisory and review panel that may include representatives of the National Academy of Sciences, nongovernmental organizations with expertise regarding unexploded ordnance, discarded military munitions, or munitions constituents, the Environmental Protection Agency, States (as defined in section 2710 of this title), and tribal governments. The panel shall report annually to Congress on progress made by the Department of Defense to address unexploded ordnance, discarded military munitions, or munitions constituents at defense sites and make such recommendations as the panel considers appropriate. ``(4) The program manager shall be responsible for the execution of the funds appropriated with regard to the program element established pursuant to section 2703(b) of this title and for carrying out the program element for ordnance remediation.''. (b) Military Munitions Response Account.--Section 2703 of such title is amended-- (1) by inserting at the end of subsection (a) the following new paragraph: ``(6) An account to be known as the `Military Munitions Response Account'.''; and (2) by striking subsection (b) and inserting the following new subsection: ``(b) Program Element for Ordnance Remediation.--The Secretary of Defense shall establish a program element for remediation of unexploded ordnance (as defined in section 101(e)(5) of this title) and discarded military munitions and munitions constituents (as defined in section 2710(e) of this title) within the account established under subsection (a)(6).''. SEC. 7. INVENTORY. Section 2710 of title 10, United States Code, is amended-- (1) in subsection (a), by striking paragraph (1) and inserting the following new paragraph: ``(1) The Secretary of Defense shall develop and maintain an inventory of defense sites that are known or suspected to contain unexploded ordnance, discarded military munitions, munitions constituents, or offshore chemical munitions.''; and (2) in subsection (b)(2), by adding at the end the following new subparagraph: ``(I) The potential economic value of the site after transfer of the defense site from military control.''. SEC. 8. PUBLIC DATABASE OF INCIDENTS INVOLVING UNEXPLODED ORDNANCE OR DISCARDED MILITARY MUNITIONS. Section 2710 of title 10, United States Code, is amended by inserting after subsection (f), as added by section 4, the following new subsection: ``(g) Public Database of Incidents Involving Unexploded Ordnance or Discarded Military Munitions.--(1) The Secretary shall establish and maintain a database of incidents and accidents since January 1, 1917, in which unexploded ordnance or discarded military munitions have-- ``(A) been discovered by a person in the United States in an area other than a defense site included in the inventory; or ``(B) caused harm or death to a person within the United States. ``(2) The database shall be developed from a review of Department of Defense and other appropriate Federal and State records and media reports and include details of each incident and accident. The Secretary shall make the database available to the entities specified in subsection (c)(2) and the public in electronic and printed form.''. SEC. 9. SENSE OF CONGRESS REGARDING PROCUREMENT AND USE OF MUNITIONS. It is the sense of Congress that the Secretary of each of the military departments should-- (1) develop methods to account for the full life-cycle cost of munitions, including the impact of failure rate on the cost of disposal, in procurement decisions; and (2) undertake a review of live-fire practices for the purpose of reducing unexploded ordnance and munitions- constituent contamination without impeding military readiness. SEC. 10. REPORT ON DEFENSE SITE CLEANUP AT MILITARY INSTALLATIONS CLOSED OR REALIGNED UNDER BASE CLOSURE LAW. (a) Report and Strategy.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing the strategy of the Department of Defense to complete the environmental remediation of all military installations approved for closure or realignment under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). The report shall include an estimate of the amount of funds that will be necessary each fiscal year to complete the environmental remediation under the strategy. (b) Consultation.--The strategy shall be developed in consultation with interested persons in the locality of each installation covered by the report. (c) Funding Source.--There is authorized to be appropriated to the Secretary from funds in the Department of Defense Base Closure Account 1990 not more than $1,000,000 to permit the Secretary to prepare the report and strategy. SEC. 11. COMPTROLLER GENERAL STUDY ON ADEQUACY OF FUNDING, STAFFING, AND ORGANIZATION OF MILITARY MUNITIONS RESPONSE PROGRAM. (a) Study Required.--The Comptroller General shall conduct a study assessing the adequacy of the funding, staffing, and organization of the Military Munitions Response Program, an assessment of the mechanisms for accountability, reporting and monitoring of progress, and methods to reduce the length of time of munitions response projects. (b) Submission of Results of Study.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress, the Secretary, and the advisory and review panel established by section 2701(k)(3) of title 10, United States Code, as amended by section 6, a report containing the results of the study conducted under subsection (a). SEC. 12. COMPTROLLER GENERAL STUDY ON DEFENSE LAND MANAGEMENT AND TRANSFER. (a) Study Required.--The Comptroller General shall conduct a study assessing the effectiveness of current procedures and institutions for the management and transfer of former defense land. The study shall also include an assessment of the potential benefits and disadvantages of the establishment of-- (1) a centralized Department of Defense office for land management and transfer; or (2) a Federal Government Corporation for disposition of Department of Defense land. (b) Submission of Results of Study.--Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to Congress and the Secretary a report containing the results of the study conducted under subsection (a).

Military Range Legacy Act of 2006 - Expresses the sense of Congress that the Secretary of Defense should fully implement, as soon as possible, Department of Defense (DOD) requirements regarding unexploded ordnance, discarded military munitions, and munitions constituents (substances) at defense sites. Requires the Secretary to: (1) establish a program assessing formerly used defense sites that are known or suspected to contain such substances; (2) establish a program for the research, development, testing, and evaluation of unexploded ordnance detection instrument technology; (3) establish a program manager for DOD policy and budgeting issues involving the characterization, remediation, research, and management of military munitions response at defense sites; (4) develop an inventory of defense sites known or suspected to contain such substances; (5) establish and maintain a database of incidents and accidents involving unexploded ordnance or discarded military munitions; and (5) report to Congress on DOD strategy to complete environmental remediation of all military installations approved for closure or realignment. Directs the Comptroller General to conduct studies assessing the: (1) adequacy of the funding, staffing, and organization of the Military Munitions Response Program; and (2) effectiveness of current procedures and institutions for the management and transfer of former defense land. Expresses the sense of Congress with respect to military procurement and use of munitions.

To improve the effectiveness of Department of Defense programs for the remediation of unexploded ordnance on former defense sites, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology for Excellence in Education Act''. SEC. 2. DEFINITIONS. (a) In General.--The terms used in this Act, unless otherwise specified, shall have the same meaning given to such terms by section 1471 of the Elementary and Secondary Education Act of 1965. (b) Additional Definitions.--For the purposes of this Act-- (1) the term ``Director'' means the Director of Educational Technology as established in title I of this Act; and (2) the term ``educational technology'' includes closed circuit television systems, public telecommunications entities, cable television, satellite, copper and fiber optic transmission, computer hardware and software, video and audio laser, and CD ROM disc, video and audio tapes, and other technologies related to educational services. TITLE I--NATIONAL LEADERSHIP FOR EDUCATIONAL TECHNOLOGY SEC. 101. PURPOSES. The purposes of this title are-- (1) to establish a national agenda for the use of technology in education to assist all students in attaining world-class academic standards as a means to increasing academic achievement and learning and reaching the National Education Goals; (2) to assure that all children in the United States start school ready to learn; (3) to increase the high school graduation rate to at least 90 percent; (4) to provide all students the opportunity to demonstrate competency in challenging subject matter in core areas and ensure that all students learn to use their minds well; (5) to increase the mathematics and science achievement of all students; (6) to provide the opportunity for all adult Americans to achieve literacy; (7) to ensure that every school in the United States is free of drugs and violence and will offer a disciplined environment conducive to learning; (8) to coordinate Federal programs--whose support already accounts for 50 percent of all funds used by schools to purchase software, integrated learning systems, and hardware-- that provide for the development, purchase, or use of technology in education, including programs administered by the Department of Education and those administered by other Federal Departments; (9) to develop national standards and guidelines for State and local educational agencies to guide future projects and coordinate existing projects to ensure the compatibility of education-related computer and telecommunications networks on a national level; and (10) to permit funds distributed to the States and localities under existing Federal programs to be used for education-related technology purposes. SEC. 102. DIRECTOR OF EDUCATIONAL TECHNOLOGY. The Secretary shall appoint a Director of Educational Technology within the Department of Education. The Director shall be compensated at an annual rate of not less than a level GS-15 employee under section 5332 of title 5, United States Code. SEC. 103. DUTIES OF DIRECTOR. (a) Duties.--The duties of the Director of Educational Technology are-- (1) to provide national leadership regarding the use of technology in education at all levels in achieving the National Education Goals, including-- (A) submission of an annual report to Congress regarding education-related technology use and recommendations for the continuation of current and the development of future uses of technology to achieve the National Education Goals; (B) promotion of the use of technology to achieve the National Education Goals in programs that receive Federal assistance, particularly programs under chapters 1 and 2 of title I and title II of the Elementary and Secondary Education Act of 1965; (C) the development of support programs designed to increase the access of all children, particularly disadvantaged children from rural and urban poverty areas, to high-level learning through the use of quality technologies; and (D) the support of research, development, evaluation, and dissemination of educational technologies; (2) to provide a mechanism for coordinating existing Federal programs across agencies to encourage joint funding, planning, and implementation of projects; (3) to provide a mechanism for the development of standards and guidelines for State and local educational agencies in conjunction with industry to ensure the compatibility of educational computer and telecommunications networks on a national level; and (4) to provide support and training programs to educators in the use of technology to help obtain the National Education Goals. TITLE II--STATE PLANNING GRANTS SEC. 201. PURPOSES. The purposes of this title are-- (1) to ensure that State educational agencies have a clear, long-term strategic plan for incorporating the use of technology in education; and (2) to allow States which have developed a State technology plan to allocate planning funds to local educational agencies to implement strategies developed in such plan. SEC. 202. STATE PLANNING GRANTS. The Secretary of Education is authorized to provide a one-time competitive grant to State educational agencies 50 percent of which shall be allocated in accordance with the relative amount the State received under chapter 1 of title 1 of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year and 50 percent of which shall be allocated in accordance with the relative amount the State received under part A of chapter 2 of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year. SEC. 203. AUTHORIZED ACTIVITIES. (a) State Plans.--A State educational agency which receives a grant under this title shall not later than 1 year after receipt of funds under this title undertake public hearings and complete a comprehensive State plan which includes-- (1) overall strategic goals for the use of technology in education at all levels within the State; (2) a 5-year standards and assessment process to measure progress toward the goals in paragraph (1); (3) a follow-up 10-year standards and assessment process to measure progress toward the goals in paragraph (1); (4) guidelines for local educational agencies for the incorporation of educational technology into institutions of education at all levels; (5) a plan for the dissemination and sharing of information to local educational agencies about innovative and cost- effective uses of educational technology; (6) a plan for training educational personnel in the use of technology in the classroom; (7) a coordination plan providing mechanisms for the use of educational technology to assist existing and future education reform efforts at both the State and local levels; and (8) a plan to leverage public and private support for the funding and provision of educational technology in a cost- effective manner to institutions of education at all levels. (b) Demonstration Subgrants.--States that have completed the State technology plan under subsection (a) may allocate funds received under this section as competitive subgrants to local educational agencies to implement strategies in such plan following the procedures in title III of this Act. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for fiscal year 1994 and such sums for fiscal years 1995-1999 to carry out the purposes of this title. TITLE III--LOCAL CHALLENGE GRANTS SEC. 301. PURPOSE. The purposes of this title are-- (1) to challenge local communities to incorporate quality, innovative educational technology in their education systems at all levels; and (2) to provide practical models of educational technology as provided for in the goals and guidelines under the State plans required in title II of this Act. SEC. 302. GRANTS TO LOCAL EDUCATIONAL AGENCIES. (a) In General.--(1) The Secretary is authorized to provide grants to State educational agencies for the use by local educational agencies of 3-year competitive demonstration grants to implement State technology plans. (2) Such grants may be awarded only to States which have completed the State technology plan required by title II of this Act. The Secretary may waive this requirement if a State has a plan in place which meets the criteria established in title II of this Act. (3) The State shall give priority consideration to demonstration programs that provide access to quality educational technology to disadvantaged urban and rural areas. (4) The State shall give priority consideration to demonstration programs that may be replicated in other areas throughout the Nation. (b) Dissemination of Model Programs.--The Secretary shall reserve not more than 5 percent of the funds authorized under this title to allow the Director of Educational Technology to disseminate effective models of the use of high-quality educational technology on a national basis. (c) Matching Requirement.--(1) The Federal share under this title may not exceed-- (A) 100 percent of the total cost of a program for the first year for which a State receives funds under this title; (B) 85 percent of the total cost of a program for the second year for which a State receives funds under this title; (C) 60 percent of the total cost of a program for the third year for which a State receives funds under this title; (D) 45 percent of the total cost of a program for the fourth year for which a State receives funds under this title; and (E) 33 percent of the total cost of a program for the fifth and any succeeding year for which a State receives funds under this title. (2) The remaining cost may be provided in cash or in kind, fairly evaluated, and may be obtained from any source other than funds made available for programs under this title. SEC. 303. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $25,000,000 for fiscal year 1994 and such sums as may be necessary to carry out the projects under this title for each of the fiscal years 1995 through 1999. TITLE IV--MISCELLANEOUS PROGRAMS SEC. 401. PURPOSE. The purpose of this title is to make the acquisition, use, and training of educational technology a permissible activity for existing Federal education programs. SEC. 402. ELEMENTARY AND SECONDARY EDUCATION. The Elementary and Secondary Education Act of 1965 is amended-- (1) in section 1011(a)(2)-- (A) by inserting ``, including computers, distance learning equipment, software, and other applications of educational technology related to the instructional program'' after ``instructional materials''; and (B) by inserting ``, including training in the use of educational technologies related to the instructional program'' before ``and, as appropriate''. (2) in section 1054(b), by inserting ``, including the use of educational technology'' after ``instructional programs''; (3) in section 1202(a)(1), by inserting ``which includes educational technology,'' after ``equipment''; (4) in section 1242(a), by inserting ``which includes educational technology,'' after ``equipment''; (5) in section 1531(b)-- (A) in paragraph (2), by striking ``computer software and hardware for instructional use'' and inserting ``educational technology related to the improvement of instruction and learning,'' (B) in paragraph (4), by inserting ``, including training in the use of educational technology'' after ``training''; (6) in section 2006(b) by striking subparagraph (C) and inserting the following: ``(C) the purchase of, and training in the use of, educational technology related to the instruction of mathematics and science;''; and (7) in section 2015(e)-- (A) in the heading, by striking ``Computers''; and (B) in paragraphs (1), (2), and (3), by striking ``computers'' each place it appears and inserting ``educational technology''. SEC. 403. INDIAN EDUCATION. The Indian Education Act of 1988 is amended in section 5321(c)(1)(A)(iii) by inserting ``, including educational technology'' after ``equipment''. SEC. 404. AMENDMENTS RELATING TO HEAD START PROGRAMS. (a) Amendments to the Head Start Act.--The Head Start Act (42 U.S.C. 9831-9852) is amended-- (1) in section 637 by adding at the end the following: ``(12) The term `educational technology' has the meaning given such term in section 2(b) of the Excellence in Education Act.'', (2) in section 640(a)(2)(C) by inserting ``(including training in the use of educational technology related to educational services)'' after ``training'', (3) in section 641(d)(2) by inserting ``(including educational services that use educational technology)'' after ``services'', and (4) in section 648(d) by inserting ``and educational technology'' after ``electronic media''. (b) Amendment to the Head Start Transition Project Act.--Section 136(a)(3) of the Head Start Transition Project Act (42 U.S.C. 9855d(a)(3)) is amended by inserting ``and the use of educational technology related to educational services'' before the semicolon at the end. SEC. 405. VOCATIONAL EDUCATION. Section 235(c)(2) of the Carl D. Perkins Vocational and Applied Technology Act is amended-- (1) in subparagraph (B), by inserting ``and educational technology training'' after ``instructional aids''; and (2) in subparagraph (C), by inserting ``, including educational technology training'', after ``inservice training''. SEC. 406. INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) State Plans.--Section 613(a)(3)(B)(iii) of the Individuals with Disabilities Education Act (20 U.S.C. 1413(a)(3)(B)(iii)) is amended by striking ``technology.'' and inserting the following: ``technology, including training in the use of educational technology related to the instructional program;''. (b) Grants for Personnel Training.--Section 631(c) of the Individuals with Disabilities Education Act (20 U.S.C. 1431(c)) is amended by striking ``assistive and instructional technology'' and inserting the following: ``assistive, instructional and other educational technology,''. (c) Financial Assistance.--Section 661(a) of the Individuals with Disabilities Education Act (20 U.S.C. 1461(a)) is amended in each of paragraphs (1), (2), (3), and (4) by striking ``assistive technology,'' each place such term appears and inserting ``assistive technology, educational technology,''.

TABLE OF CONTENTS: Title I: National Leadership for Educational Technology Title II: State Planning Grants Title III: Local Challenge Grants Title IV: Miscellaneous Programs Technology for Excellence in Education Act - Title I: National Leadership for Educational Technology - Directs the Secretary of Education to appoint a Director of Educational Technology within the Department of Education, with specified duties. Title II: State Planning Grants - Authorizes the Secretary to make one-time competitive grants to State educational agencies (SEAs), according to a specified allotment formula, for: (1) a comprehensive, long-term State educational technology plan; and (2) competitive subgrants to local educational agencies (LEAs) to implement such plan strategies. Authorizes appropriations. Title III: Local Challenge Grants - Authorizes the Secretary to make grants to SEAs for use by LEAs of three-year competitive demonstration grants to implement State technology plans. Gives priority to demonstration programs that: (1) provide access to quality educational technology to disadvantaged urban and rural areas; and (2) may be replicated in other areas nationwide. Reserves certain funds for the Director to disseminate effective models of the use of high-quality educational technology on a national basis. Sets certain matching funds requirements. Authorizes appropriations. Title IV: Miscellaneous Programs - Makes acquisition and use of, and training for, educational technology authorized activities for existing Federal education programs, through various amendments to the Elementary and Secondary Education Act of 1965, Indian Education Act of 1988, Head Start Act, Head Start Transition Project Act, Carl D. Perkins Vocational and Applied Technology Act, and Individuals with Disabilities Education Act.

Technology for Excellence in Education Act

SECTION 1. RECEIPTS OF THE 4.3-CENT FUEL TAX RATE INCREASE DEPOSITED IN THE HIGHWAY TRUST FUND; ESTABLISHMENT OF INTERCITY PASSENGER RAIL ACCOUNT. (a) In General.--Section 9503(f) of the Internal Revenue Code of 1986 (defining Highway Trust Fund financing rate) is amended-- (1) in paragraph (1)(A), by striking ``11.5 cents per gallon (14 cents per gallon after September 30, 1995)'' and inserting ``18.3 cents per gallon''; and (2) in paragraph (1)(B), by striking ``17.5 cents per gallon (20 cents per gallon after September 30, 1995)'' and inserting ``24.3 cents per gallon''. (b) Conforming Amendments.-- (1) Section 9503(f)(2) of such Code is amended-- (A) in subparagraph (B), by striking ``3 cents'' and inserting ``7.3 cents''; (B) in subparagraph (C), by striking ``zero'' and inserting ``4.3 cents per gallon''; (C) in subparagraph (D), by striking ``zero'' and inserting ``48.54 cents per MCF (determined at standard temperature and pressure)''; (D) in subparagraph (E), by striking ``11.5 cents'' and inserting ``15.8 cents''; and (E) in subparagraph (E), by striking ``17.5 cents'' and inserting ``21.8 cents''. (2) Section 9503(f)(3)(A) of such Code is amended to read as follows: ``(A) In general.--If the rate of tax on any fuel is determined under section 4041(b)(2)(A), 4041(k), or 4081(c), the Highway Trust Fund financing rate is the rate so determined after September 30, 1997. In the case of a rate of tax determined under section 4081(c), the preceding sentence shall be applied by increasing the rate specified by 0.1 cent.'' (3) Section 9503(f)(3)(C) of such Code is amended to read as follows: ``(C) Partially exempt methanol or ethanol fuel.-- In the case of a rate of tax determined under section 4041(m), the Highway Trust Fund financing rate is the rate so determined after September 30, 1995.'' (4) Section 9503(f)(4) of such Code is amended by striking ``zero'' and inserting ``4.3 cents per gallon''. (c) Establishment of Intercity Passenger Rail Account.--Section 9503 of the Internal Revenue Code of 1986 (relating to Highway Trust Fund) is amended by adding at the end the following: ``(g) Establishment of Intercity Passenger Rail Account.-- ``(1) Creation of account.--There is established in the Highway Trust Fund a separate account to be known as the `Intercity Passenger Rail Account', consisting of such amounts as may be transferred or credited to the Intercity Passenger Rail Account as provided in this subsection or section 9602(b). ``(2) Transfers to intercity passenger rail account.-- ``(A) In general.--The Secretary of the Treasury shall transfer to the Intercity Passenger Rail Account the intercity passenger rail portion of the amounts appropriated to the Highway Trust Fund under subsection (b) which are attributable to taxes under sections 4041 and 4081 imposed after September 30, 1997, and before October 1, 2003. ``(B) Intercity passenger rail portion.--For purposes of subparagraph (A), the term `intercity passenger rail portion' means an amount determined at the rate of 0.5 cent for each gallon with respect to which tax was imposed under section 4041 or 4081. ``(3) Expenditures from account.-- ``(A) In general.--Amounts in the Intercity Passenger Rail Account shall be available without fiscal year limitation to finance qualified expenses of-- ``(i) the National Railroad Passenger Corporation, and ``(ii) each non-Amtrak State, to the extent determined under subparagraph (B). ``(B) Maximum amount of funds to non-amtrak states.--Each non-Amtrak State shall receive under this paragraph an amount equal to the lesser of-- ``(i) the State's qualified expenses for the fiscal year, or ``(ii) the product of-- ``(I) \1/12\ of 1 percent of the lesser of-- ``(aa) the aggregate amounts transferred and credited to the Intercity Passenger Rail Account under paragraph (1) for such fiscal year, or ``(bb) the aggregate amounts appropriated from the Intercity Passenger Rail Account for such fiscal year, and ``(II) the number of months such State is a non-Amtrak State in such fiscal year. If the amount determined under clause (ii) exceeds the amount under clause (i) for any fiscal year, the amount under clause (ii) for the following fiscal year shall be increased by the amount of such excess. ``(4) Definitions.--For purposes of this subsection-- ``(A) Qualified expenses.--The term `qualified expenses' means expenses incurred, with respect to obligations made, after September 30, 1997, and before October 1, 2003-- ``(i) for-- ``(I) in the case of the National Railroad Passenger Corporation, the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail service, and the payment of interest and principal on obligations incurred for such acquisition, upgrading, and maintenance, and ``(II) in the case of a non-Amtrak State, the acquisition of equipment, rolling stock, and other capital improvements, the upgrading of maintenance facilities, and the maintenance of existing equipment, in intercity passenger rail or bus service, and the payment of interest and principal on obligations incurred for such acquisition, upgrading, and maintenance, and ``(ii) certified by the Secretary of Transportation on October 1 as meeting the requirements of clause (i) and as qualified for payment under paragraph (5) for the fiscal year beginning on such date. ``(B) Non-amtrak state.--The term `non-Amtrak State' means any State which does not receive intercity passenger rail service from the National Railroad Passenger Corporation. ``(5) Contract authority.--Notwithstanding any other provision of law, the Secretary of Transportation shall certify expenses as qualified for a fiscal year on October 1 of such year, in an amount not to exceed the amount of receipts estimated by the Secretary of the Treasury to be transferred to the Intercity Passenger Rail Account for such fiscal year. Such certification shall result in a contractual obligation of the United States for the payment of such expenses. ``(6) Tax treatment of account expenditures.--With respect to any payment of qualified expenses from the Intercity Passenger Rail Account during any taxable year to a taxpayer-- ``(A) such payment shall not be included in the gross income of the taxpayer for such taxable year, ``(B) no deduction shall be allowed to the taxpayer with respect to any amount paid or incurred which is attributable to such payment, and ``(C) the basis of any property shall be reduced by the portion of the cost of such property which is attributable to such payment. ``(7) Termination.--The Secretary shall determine and retain, not later than October 1, 2003, the amount in the Intercity Passenger Rail Account necessary to pay any outstanding qualified expenses, and shall transfer any amount not so retained to the Highway Trust Fund.'' (d) Effective Dates.-- (1) Transfer of taxes.--The amendments made by subsections (a) and (b) apply to fuel removed after September 30, 1997. (2) Account.--The amendment made by subsection (c) applies with respect to taxes imposed on and after October 1, 1997.

Amends the Internal Revenue Code to increase the Highway Trust Fund financing rate for gasoline, special motor fuels, and diesel fuel. Establishes in the Highway Trust Fund the Intercity Passenger Rail Account. Transfers to the Account certain portions of the amounts attributable to taxes imposed between specified dates under provisions relating to gasoline, diesel fuel, special motor fuels, compressed natural gas, methanol and ethanol fuel, and nongasoline noncommercial aviation fuels. Makes amounts in the Account available to finance qualified expenses of the National Railroad Passenger Corporation and each non-Amtrak State. Excludes Account payments from the gross income of payment recipients, disallows a deduction to the recipient, and reduces the basis of any property by the portion attributable to the payment.

A bill to amend the Internal Revenue Code of 1986 to deposit in the Highway Trust Fund the receipts of the 4.3-cent increase in the fuel tax rates enacted by the Omnibus Budget Reconciliation Act of 1993, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Library Donation Reform Act of 2009''. SEC. 2. PRESIDENTIAL LIBRARIES. (a) In General.--Section 2112 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(h)(1) Any Presidential library fundraising organization shall submit on a quarterly basis, in accordance with paragraph (2), information with respect to every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. ``(2) For purposes of paragraph (1)-- ``(A) the entities to which information shall be submitted under that paragraph are the Administration, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate; ``(B) the dates by which information shall be submitted under that paragraph are April 15, July 15, October 15, and January 15 of each year and of the following year (for the fourth quarterly filing); ``(C) the requirement to submit information under that paragraph shall continue until the later of the following occurs: ``(i) The Archivist has accepted, taken title to, or entered into an agreement to use any land or facility for the archival depository. ``(ii) The President whose archives are contained in the depository no longer holds the Office of President and a period of four years has expired (beginning on the date the President left the Office). ``(3) In this subsection: ``(A) The term `Presidential library fundraising organization' means an organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at-- ``(i) a Presidential archival depository; or ``(ii) any facilities relating to a Presidential archival depository. ``(B) The term `information' means the following: ``(i) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the quarter covered by the submission. ``(ii) The source of each such contribution, and the address of the entity or individual that is the source of the contribution. ``(iii) If the source of such a contribution is an individual, the occupation of the individual. ``(iv) The date of each such contribution. ``(4) The Archivist shall make available to the public through the Internet (or a successor technology readily available to the public) as soon as is practicable after each quarterly filing any information that is submitted under paragraph (1). The information shall be made available without a fee or other access charge, in a searchable, sortable, and downloadable database. ``(5)(A) It shall be unlawful for any person who makes a contribution described in paragraph (1) to knowingly and willfully submit false material information or omit material information with respect to the contribution to an organization described in such paragraph. ``(B) The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of subparagraph (A) in the same manner as a violation described in such section. ``(6)(A) It shall be unlawful for any Presidential library fundraising organization to knowingly and willfully submit false material information or omit material information under paragraph (1). ``(B) The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of subparagraph (A) in the same manner as a violation described in such section. ``(7)(A) It shall be unlawful for a person to knowingly and willfully-- ``(i) make a contribution described in paragraph (1) in the name of another person; ``(ii) permit his or her name to be used to effect a contribution described in paragraph (1); or ``(iii) accept a contribution described in paragraph (1) that is made by one person in the name of another person. ``(B) The penalties set forth in section 309(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of section 316(b)(3) of such Act (2 U.S.C. 441b(b)(3)). ``(8) The Archivist shall promulgate regulations for the purpose of carrying out this subsection.''. (b) Applicability.--Section 2112(h) of title 44, United States Code (as added by subsection (a))-- (1) shall apply to an organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository before, on or after the date of the enactment of this Act; and (2) shall only apply with respect to contributions (whether monetary or in-kind) made after the date of the enactment of this Act. Passed the House of Representatives January 7, 2009. Attest: LORRAINE C. MILLER, Clerk.

Presidential Library Donation Reform Act of 2009 - Amends federal law regarding presidential archival depositories to require any presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration and specified congressional committees on every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. Requires the Archivist of the United States to make such information available to the public through the Internet as soon as is practicable after each quarterly filing. Makes it unlawful for contributors or fundraising organizations to knowingly and willfully submit false information or omit material information. Prescribes criminal penalties for violation of such prohibitions.

To amend title 44, United States Code, to require information on contributors to Presidential library fundraising organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Port of Entry Personnel and Infrastructure Funding Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Northern border.--The term ``Northern border'' means the international border between the United States and Canada. (2) Southern border.--The term ``Southern border'' means the international border between the United States and Mexico. SEC. 3. CUSTOMS AND BORDER PROTECTION PERSONNEL. (a) Staff Enhancements.-- (1) Revisions to fiscal year allocations and funding.-- Title II of the Department of Homeland Security Appropriations Act, 2010 (Public Law 111-83), is amended by inserting ``Provided further, That of the total amount provided, $40,000,000 shall be used to pay the salaries and related compensation for 250 additional Customs and Border Protection officers and 25 associated support staff personnel, who shall be devoted to new inspection lanes at new land ports of entry on the Southwest border'' before the period at the end of the first paragraph. (2) New personnel.--In addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within United States Customs and Border Protection on such date, the Secretary of Homeland Security shall hire, train, and assign to duty, not later than September 30, 2013-- (A) 2,500 full-time Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Northern border; (B) 2,500 full-time Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Southern border; and (C) 350 full-time support staff for all United States ports of entry. (b) Waiver of FTE Limitation.--The Secretary of Homeland Security may waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security in order to fulfill the requirements under subsection (a). (c) Report to Congress.-- (1) Outbound inspections.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report containing the Department of Homeland Security's plans for ensuring the placement of sufficient United States Customs and Border Protection officers on outbound inspections at all Southern border land ports of entry to-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on the Judiciary of the House of Representatives; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; and (D) the Committee on Homeland Security of the House of Representatives. (2) Agricultural specialists.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Agriculture, shall submit a report to the committees set forth in paragraph (1) that contains plans for ensuring the placement of sufficient agriculture specialists at all Southern border land ports of entry. (d) Retention Incentives and Salaries.-- (1) In general.--The Secretary of Homeland Security shall ensure that the requirements under this subsection are met. (2) Recruitment and retention payments.--The Secretary may make incentive payments of $5,000 to $10,000, during the 6-year period beginning on October 1, 2009, to the extent necessary to recruit and retain qualified United States Customs and Border Protection port of entry officers. (3) Special rules for incentive payments.-- (A) Recruitment incentives.--Each recruitment incentive payment made under this subsection shall be paid to each new employee, in a lump sum, after the employee has entered on duty and completed 6 months of service. (B) Retention incentives.--Each retention incentive payment-- (i) shall be paid to an employee, in a lump sum, at the end of the fiscal year in which the qualified employee is selected by the Secretary, or a delegate of the Secretary, for receipt of such payment; (ii) shall not be limited solely to work performance, but may be based on criteria such as-- (I) comparative salaries for law enforcement officers in other Federal agencies; (II) costs for replacement and training of a new employee; and (III) volume of work at the port of entry; (iii) shall be contingent upon the selected employee signing an agreement, under penalty of perjury, to remain in Federal service as a United States Customs and Border Protection officer serving at a land port of entry for at least 3 years; and (iv) shall be subject to reimbursement if the employee fails to complete the required 3 years of Federal service due to voluntary or involuntary separation from service. (C) Limitations.-- (i) Fiscal year 2010.--In fiscal year 2010, the Secretary may not make more than 1,500 incentives payments under this subsection. (ii) Fiscal year 2011 through 2015.--In each of the fiscal years 2011 through 2015, the Secretary may not make more than 500 incentive payments under this subsection. (iii) Eligibility.--Any individual receiving an incentive payment in a given fiscal year shall not be eligible to receive another incentive payment until the individual completes at least 2 years of service with the Department of Homeland Security after receiving the payment. SEC. 4. SECURE COMMUNICATION; EQUIPMENT; AND GRANTS FOR BORDER PERSONNEL. (a) Secure Communication.--The Secretary of Homeland Security shall ensure that each United States Customs and Border Protection officer is equipped with a secure 2-way communication and satellite-enabled device, supported by system interoperability, that allows such officers to communicate between ports of entry and inspection stations, and with other Federal, State, local, and tribal law enforcement entities. (b) Border Area Security Initiative Grant Program.--The Secretary of Homeland Security shall establish a program for awarding grants for the purchase of detection equipment at land ports of entry and mobile, hand-held, 2-way communication and biometric devices for State and local law enforcement officers serving on the Southern border. SEC. 5. INFRASTRUCTURE IMPROVEMENTS AND EXPANSION OF TEXAS LAND PORTS OF ENTRY. (a) Amendments to American Recovery and Reinvestment Act of 2009.-- Title VI of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5), under the heading entitled ``Construction'' is amended-- (1) by striking ``U.S. Customs and Border Protection owned''; and (2) by inserting ``Provided further, That $100,000,000 shall be used for infrastructure improvements, expansion, and new construction (or reimbursement for new construction costs incurred during fiscal years 2007 through 2009) of high-volume ports of entry in Texas, regardless of port ownership'' before the period at the end. (b) Effective Date.--The amendments made under subsection (a) shall take effect as if included in the American Recovery and Reinvestment Act of 2009, as of the date of the enactment of such Act. SEC. 6. ADDITIONAL AUTHORITIES FOR PORT OF ENTRY CONSTRUCTION. (a) In General.--In order to aid in the enforcement of Federal customs, immigration, and agriculture laws, the Customs and Border Protection Commissioner may-- (1) design, construct, and modify land ports of entry and other structures and facilities, including living quarters for officers, agents, and personnel; (2) acquire, by purchase, donation, exchange or otherwise, land or any interest in land determined to be necessary to carry out the Commissioner's duties under this section; and (3) construct additional ports of entry along the Southern border and the Northern border. (b) Consultation.-- (1) Locations for new ports of entry.--The Secretary of Homeland Security is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, local governments, Indian tribes, and property owners to-- (A) determine locations for new ports of entry; and (B) minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and quality of life for the communities and residents located near such ports. (2) Savings provision.--Nothing in this subsection may be construed to-- (A) create any right or liability of the parties described in paragraph (1); (B) affect the legality and validity of any determination under this Act by the Secretary; or (C) affect any consultation requirement under any other law. SEC. 7. AUTHORITY TO ACQUIRE LEASEHOLDS. Notwithstanding any other provision of law, the Secretary of Homeland Security may acquire a leasehold interest in real property, and may construct or modify any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary to facilitate the implementation of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, to carry out this Act during the 6-year period beginning on October 1, 2009, $6,000,000,000, of which-- (1) $55,000,000 shall be used for incentive payments authorized under section 3(d); and (2) $30,000,000 shall be used for Border Area Security Grants authorized under section 4(b).

Emergency Port of Entry Personnel and Infrastructure Funding Act of 2009 - Amends the Department of Homeland Security Appropriations Act, 2010 to allocate certain FY2010 appropriations to the U.S. Customs and Border Protection (CBP) to pay the salaries and related compensation for an additional 250 CBP officers and 25 associated support personnel who shall be devoted to new inspection lanes at new land ports of entry along the Southern border between the United States and Mexico. Directs the Secretary of Homeland Security (DHS) to hire, train, and assign to duty, by the end of FY2013, an additional: (1) 2,500 full-time CBP officers to serve on all inspection lanes and enforcement teams at U.S. lands ports of entry on the Northern border between the United States and Canada and the same number of CBP officers for the same purposes on the Southern border; and (2) 350 full-time support staff for all U.S. ports of entry. Directs the Secretary to report to specified congressional committees on DHS plans for placing sufficient CBP officers on outbound inspections and agriculture specialists at all Southern border land ports of entry, respectively. Authorizes the Secretary to make incentive payments of $5,000 to $10,000, during FY2010-FY2015, to recruit and retain qualified CBP port of entry officers. Directs the Secretary to: (1) equip each CBP officer with a secure two-way communication and satellite-enabled device that allows communication between ports of entry and inspection stations, and with federal, state, local, and tribal law enforcement entities; and (2) establish a grant program for the purchase of detection equipment at land ports of entry and mobile, hand-held, two-way communication and biometric devices for state and local law enforcement officers along the Southern border. Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to allocate certain construction funds for infrastructure improvements, expansion, and new construction (or reimbursement for new construction costs incurred during FY2007-FY2009) of high-volume ports of entry in Texas, regardless of port ownership. Grants the CBP additional authority for port of entry construction along the Northern and Southern U.S. borders.

A bill to provide additional resources and funding for construction and infrastructure improvements at United States land ports of entry, to open additional inspection lanes, to hire more inspectors, and to provide recruitment and retention incentives for United States Customs and Border Protection officers who serve on the Southern Border.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Copyright Royalty Judges Program Technical Corrections Act''. SEC. 2. REFERENCE. Any reference in this Act to a provision of title 17, United States Code, refers to such provision as amended by the Copyright Royalty and Distribution Reform Act of 2004 (Public Law 108-419) and the Satellite Home Viewer Extension and Reauthorization Act of 2004 (title IX of division J of Public Law 108-447). SEC. 3. AMENDMENTS TO CHAPTER 8 OF TITLE 17, UNITED STATES CODE. Chapter 8 of title 17, United States Code, is amended as follows: (1) Section 801(b)(1) is amended, in the matter preceding subparagraph (A), by striking ``119 and 1004'' and inserting ``119, and 1004''. (2) Section 801 is amended by adding at the end the following: ``(f) Effective Date of Actions.--On and after the date of the enactment of the Copyright Royalty and Distribution Reform Act of 2004, in any case in which time limits are prescribed under this title for performance of an action with or by the Copyright Royalty Judges, and in which the last day of the prescribed period falls on a Saturday, Sunday, holiday, or other nonbusiness day within the District of Columbia or the Federal Government, the action may be taken on the next succeeding business day, and is effective as of the date when the period expired.''. (3) Section 802(f)(1)(A) is amended-- (A) in clause (i), by striking ``clause (ii) of this subparagraph and subparagraph (B)'' and inserting ``subparagraph (B) and clause (ii) of this subparagraph''; and (B) by striking clause (ii) and inserting the following: ``(ii) One or more Copyright Royalty Judges may, or by motion to the Copyright Royalty Judges, any participant in a proceeding may, request from the Register of Copyrights an interpretation of any material questions of substantive law that relate to the construction of provisions of this title and arise in the course of the proceeding. Any request for a written interpretation shall be in writing and on the record, and reasonable provision shall be made to permit participants in the proceeding to comment on the material questions of substantive law in a manner that minimizes duplication and delay. Except as provided in subparagraph (B), the Register of Copyrights shall deliver to the Copyright Royalty Judges a written response within 14 days after the receipt of all briefs and comments from the participants. The Copyright Royalty Judges shall apply the legal interpretation embodied in the response of the Register of Copyrights if it is timely delivered, and the response shall be included in the record that accompanies the final determination. The authority under this clause shall not be construed to authorize the Register of Copyrights to provide an interpretation of questions of procedure before the Copyright Royalty Judges, the ultimate adjustments and determinations of copyright royalty rates and terms, the ultimate distribution of copyright royalties, or the acceptance or rejection of royalty claims, rate adjustment petitions, or petitions to participate in a proceeding.''. (4) Section 802(f)(1)(D) is amended by inserting a comma after ``undertakes to consult with''. (5) Section 803(a)(1) is amended-- (A) by striking ``The Copyright'' and inserting ``The Copyright Royalty Judges shall act in accordance with this title, and to the extent not inconsistent with this title, in accordance with subchapter II of chapter 5 of title 5, in carrying out the purposes set forth in section 801. The Copyright''; and (B) by inserting after ``Congress, the Register of Copyrights,'' the following: ``copyright arbitration royalty panels (to the extent those determinations are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights),''. (6) Section 803(b) is amended-- (A) in paragraph (1)(A)(i)(V)-- (i) by striking ``in the case of'' and inserting ``the publication of notice requirement shall not apply in the case of''; and (ii) by striking ``, such notice may not be published.''; (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``, together with a filing fee of $150''; (ii) in subparagraph (B), by striking ``and'' after the semicolon; (iii) in subparagraph (C), by striking the period and inserting ``; and''; and (iv) by adding at the end the following: ``(D) the petition to participate is accompanied by either-- ``(i) in a proceeding to determine royalty rates, a filing fee of $150; or ``(ii) in a proceeding to determine distribution of royalty fees-- ``(I) a filing fee of $150; or ``(II) a statement that the petitioner (individually or as a group) will not seek a distribution of more than $1000, in which case the amount distributed to the petitioner shall not exceed $1000.''; (C) in paragraph (3)(A)-- (i) by striking ``(A) In general.--Promptly'' and inserting ``(A) Commencement of proceedings.-- ``(i) Rate adjustment proceeding.--Promptly''; and (ii) by adding at the end the following: ``(ii) Distribution proceeding.--Promptly after the date for filing of petitions to participate in a proceeding to determine the distribution of royalties, the Copyright Royalty Judges shall make available to all participants in the proceeding a list of such participants. The initiation of a voluntary negotiation period among the participants shall be set at a time determined by the Copyright Royalty Judges.''. (D) in paragraph (4)(A), by striking the last sentence; and (E) in paragraph (6)(C)-- (i) in clause (i)-- (I) in the first sentence, by inserting ``and written rebuttal statements'' after ``written direct statements''; (II) in the first sentence, by striking ``which may'' and inserting ``which, in the case of written direct statements, may''; and (III) by striking ``clause (iii)'' and inserting ``clause (iv)''; (ii) by amending clause (ii)(I) to read as follows: ``(ii)(I) Following the submission to the Copyright Royalty Judges of written direct statements and written rebuttal statements by the participants in a proceeding under paragraph (2), the Copyright Royalty Judges, after taking into consideration the views of the participants in the proceeding, shall determine a schedule for conducting and completing discovery.''; (iii) by amending clause (iv) to read as follows: ``(iv) Discovery in connection with written direct statements shall be permitted for a period of 60 days, except for discovery ordered by the Copyright Royalty Judges in connection with the resolution of motions, orders, and disputes pending at the end of such period. The Copyright Royalty Judges may order a discovery schedule in connection with written rebuttal statements.''; and (iv) by amending clause (x) to read as follows: ``(x) The Copyright Royalty Judges shall order a settlement conference among the participants in the proceeding to facilitate the presentation of offers of settlement among the participants. The settlement conference shall be held during a 21-day period following the 60-day discovery period specified in clause (iv) and shall take place outside the presence of the Copyright Royalty Judges.''. (7) Section 803(c)(2)(B) is amended by striking ``concerning rates and terms''. (8) Section 803(c)(4) is amended by striking ``, with the approval of the Register of Copyrights,''. (9) Section 803(c)(7) is amended by striking ``of Copyright'' and inserting ``of the Copyright''. (10) Section 803(d)(2)(C)(i)(I) is amended by striking ``statements of account and any report of use'' and inserting ``applicable statements of account and reports of use''. (11) Section 803(d)(3) is amended by striking ``If the court, pursuant to section 706 of title 5, modifies'' and inserting ``Section 706 of title 5 shall apply with respect to review by the court of appeals under this subsection. If the court modifies''. (12) Section 804(b)(1)(B) is amended-- (A) by striking ``801(b)(3)(B) or (C)'' and inserting ``801(b)(2)(B) or (C)''; and (B) in the last sentence, by striking ``change is'' and inserting ``change in''. (13) Section 804(b)(3) is amended-- (A) in subparagraph (A), by striking ``effective date'' and inserting ``date of enactment''; and (B) in subparagraph (C)-- (i) in clause (ii), by striking ``that is filed'' and inserting ``is filed''; and (ii) in clause (iii), by striking ``such subsections (b)'' and inserting ``subsections (b)''. SEC. 4. ADDITIONAL TECHNICAL AMENDMENTS. (a) Distribution of Royalty Fees.--Section 111(d) of title 17, United States Code, is amended-- (1) in the second sentence of paragraph (2), by striking all that follows ``Librarian of Congress'' and inserting ``upon authorization by the Copyright Royalty Judges.''; (2) in paragraph (4)-- (A) in subparagraph (B)-- (i) by striking the second sentence and inserting the following: ``If the Copyright Royalty Judges determine that no such controversy exists, the Copyright Royalty Judges shall authorize the Librarian of Congress to proceed to distribute such fees to the copyright owners entitled to receive them, or to their designated agents, subject to the deduction of reasonable administrative costs under this section.''; and (ii) in the last sentence, by striking ``finds'' and inserting ``find''; and (B) by striking subparagraph (C) and inserting the following: ``(C) During the pendency of any proceeding under this subsection, the Copyright Royalty Judges shall have the discretion to authorize the Librarian of Congress to proceed to distribute any amounts that are not in controversy.''. (b) Sound Recordings.--Section 114(f) of title 17, United States Code, is amended-- (1) in paragraph (1)(A), in the first sentence, by striking ``except where'' and all that follows through the end period and inserting ``except in the case of a different transitional period provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree.''; (2) by amending paragraph (2)(A) to read as follows: ``(2)(A) Proceedings under chapter 8 shall determine reasonable rates and terms of royalty payments for public performances of sound recordings by means of eligible nonsubscription transmission services and new subscription services specified by subsection (d)(2) during the 5-year period beginning on January 1 of the second year following the year in which the proceedings are to be commenced, except in the case of a different transitional period provided under section 6(b)(3) of the Copyright Royalty and Distribution Reform Act of 2004, or such other period as the parties may agree. Such rates and terms shall distinguish among the different types of eligible nonsubscription transmission services and new subscription services then in operation and shall include a minimum fee for each such type of service. Any copyright owners of sound recordings or any entities performing sound recordings affected by this paragraph may submit to the Copyright Royalty Judges licenses covering such eligible nonsubscription transmissions and new subscription services with respect to such sound recordings. The parties to each proceeding shall bear their own costs.''; and (3) in paragraph (2)(B), in the last sentence, by striking ``negotiated under'' and inserting ``described in''. (c) Phonorecords of Nondramatic Musical Works.--Section 115(c)(3) of title 17, United States Code, is amended-- (1) in subparagraph (B), by striking ``subparagraphs (B) through (F)'' and inserting ``this subparagraph and subparagraphs (C) through (E)''; (2) in subparagraph (D), in the third sentence, by inserting ``in subparagraphs (B) and (C)'' after ``described''; and (3) in subparagraph (E), in clauses (i) and (ii)(I), by striking ``(C) or (D)'' each place it appears and inserting ``(C) and (D)''. (d) Noncommercial Broadcasting.--Section 118 of title 17, United States Code, is amended-- (1) in subsection (b)(3), by striking ``copyright owners in works'' and inserting ``owners of copyright in works''; and (2) in subsection (c)-- (A) in the matter preceding paragraph (1), by striking ``established by'' and all that follows through ``engage'' and inserting ``established by the Copyright Royalty Judges under subsection (b)(4), engage''; and (B) in paragraph (1), by striking ``(g)'' and inserting ``(f)''. (e) Satellite Carriers.--Section 119 of title 17, United States Code, is amended-- (1) in subsection (b)(4)-- (A) in subparagraph (B), by striking the second sentence and inserting the following: ``If the Copyright Royalty Judges determine that no such controversy exists, the Copyright Royalty Judges shall authorize the Librarian of Congress to proceed to distribute such fees to the copyright owners entitled to receive them, or to their designated agents, subject to the deduction of reasonable administrative costs under this section.''; and (B) by amending subparagraph (C) to read as follows: ``(C) Withholding of fees during controversy.--During the pendency of any proceeding under this subsection, the Copyright Royalty Judges shall have the discretion to authorize the Librarian of Congress to proceed to distribute any amounts that are not in controversy.''; and (2) in subsection (c)(1)(F)(i), in the last sentence, by striking ``arbitrary'' and inserting ``arbitration''. (f) Digital Audio Recording Devices.--Section 1007 of title 17, United States Code, is amended-- (1) in subsection (b)-- (A) in the second sentence, by striking ``Librarian of Congress'' and inserting ``Copyright Royalty Judges''; and (B) in the last sentence, by striking ``by the Librarian''; and (2) in subsection (c), in the last sentence, by striking ``by the Librarian''. (g) Removal of Inconsistent Provisions.--The amendments contained in subsection (h) of section 5 of the Copyright Royalty and Distribution Reform Act of 2004 shall be deemed never to have been enacted. (h) Effective Date.--Section 6(b)(1) of the Copyright Royalty and Distribution Reform Act of 2004 (Public Law 108-419) is amended by striking ``commenced before the date of enactment of this Act'' and inserting ``commenced before the effective date provided in subsection (a)''. SEC. 5. PARTIAL DISTRIBUTION OF ROYALTY FEES. Section 801(b)(3)(C) of title 17, United States Code, is amended-- (1) by striking all that precedes clause (i) and inserting the following: ``(C) Notwithstanding section 804(b)(8), the Copyright Royalty Judges, at any time after the filing of claims under section 111, 119, or 1007, may, upon motion of one or more of the claimants and after publication in the Federal Register of a request for responses to the motion from interested claimants, make a partial distribution of such fees, if, based upon all responses received during the 30-day period beginning on the date of such publication, the Copyright Royalty Judges conclude that no claimant entitled to receive such fees has stated a reasonable objection to the partial distribution, and all such claimants--''; and (2) in clause (i), by striking ``such'' and inserting ``the''. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), this Act and the amendments made by this Act shall be effective as if included in the Copyright Royalty and Distribution Reform Act of 2004. (b) Partial Distribution of Royalty Fees.--Section 5 shall take effect on the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Copyright Royalty Judges Program Technical Corrections Act - (Sec. 3) Amends provisions regarding copyright royalty judges to: (1) make technical changes; (2) provide that when the last day of a time limit for performance of an action with or by the Copyright Royalty Judges (CRJs) falls on a nonbusiness day, the action may be taken on the next succeeding business day; (3) provide that CRJs are to act in accordance with the Administrative Procedure Act; (4) include prior determinations and interpretations of copyright arbitration royalty panels that are not inconsistent with a decision of the Librarian of Congress or the Register of Copyrights among the precedents that CRJs must consider; (5) allow participation in a proceeding to determine distribution of royalty fees without the payment of a filing fee if the petition to participate is accompanied by a statement that the petitioner (individually or as a group) will not seek a distribution of more than $1000, in which case the amount distributed to the petitioner shall not exceed $1000; (6) allow CRJs to order a discovery schedule in connection with written rebuttal statements; (7) allow CRJs to issue an amendment to a written determination to correct any technical or clerical errors in the determination or to modify terms, without approval of the Register; and (8) require that the Librarian receive authorization from the CRJs before distributing statutory licensing fees for secondary transmissions by cable systems or satellite carriers even when no controversy about such distribution exists. (Sec. 5) Allows Copyright Royalty Judges to make a partial distribution of cable and satellite royalty fees at any time after the filing of claims for distribution of such fees. (Current law authorizes a partial distribution during the pendency of a distribution proceeding.) (Sec. 6) Makes this Act effective as if it were included in the Copyright Royalty and Distribution Reform Act of 2004, except the partial distribution of royalty fees provisions are effective upon enactment of this Act.

To amend title 17, United States Code, to make technical corrections relating to Copyright Royalty Judges, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access for Afghan Women Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Before 1996, women in Afghanistan could exercise their basic human rights and 70 percent of teachers, nurses, doctors, and small business owners in Afghanistan were women. (2) More than 90 percent of Afghan men and women believe that women should have access to education and work, freedom of expression, legal protection, and participation in government. Respondents also support the inclusion of women's human rights issues in any peace negotiations with respect to Afghanistan. (3) Women make up more than 75 percent of the refugees in camps, urban areas, and villages in Afghanistan. On the Afghanistan border with Pakistan many organizations, including women's organizations, are delivering critical services to refugees and such women's organizations have the knowledge and experience to assist the United States in delivering effective relief aid to women. (4) The active participation of women in the government, economy, and society of Afghanistan is necessary to ensure lasting peace in the region. (5) During major conflicts in the region, women have maintained local economies and have led the effort in rebuilding economies after conflicts. Effective development and reconstruction assistance, including microcredit assistance, takes into account women's roles as economic leaders. SEC. 3. REQUIREMENTS RELATING TO UNITED STATES ACTIVITIES IN CENTRAL ASIAN COUNTRIES. (a) In General.--Notwithstanding any other provision of law, activities described in subsections (b) through (e) that are carried out by the United States in Afghanistan and other countries of Central Asia shall comply with the applicable requirements contained in such subsections. (b) Peace Negotiations To Establish Government of Afghanistan.-- With respect to peace negotiations to establish a future government of Afghanistan, the applicable requirements are the following: (1) Consult with and include representatives of women's organizations and networks from the major ethnic groups in Afghanistan during peace negotiations and post-conflict decisionmaking. (2) Include the perspectives and advice of organizations with expertise in human rights and women's development in decisionmaking processes relating to peace and the future government of Afghanistan. (3) Ensure that the full range of human rights of women, as described in the International Convention on Civil and Political Rights and the Universal Declaration of Human Rights, are included in any constitution or legal structure of a future government in Afghanistan by including a significant number of women in the drafting of the constitution. (c) Post-Conflict Reconstruction and Development.--With respect to activities relating to post-conflict stability in Afghanistan and other countries of Central Asia, the applicable requirements are the following: (1) Provide financial and programmatic assistance for the efforts of Afghan women's organizations that represent the various ethnic groups. (2) Promote multi-year women-centered economic development programs, including programs to assist widows and female heads of household. (3) Increase women's access to and ownership of productive assets such as land, agricultural inputs, and microfinance, and property. (4) Provide financial assistance for primary, secondary, and higher education for all individuals in Afghanistan. (5) Provide financial assistance to build health infrastructure and to deliver women-centered health programs, particularly comprehensive and high quality reproductive health and family planning services. (6) Integrate education and training programs for former combatants with economic development programs to encourage their reintegration into society and to promote post-conflict stability. (7) Support educational efforts to increase awareness with respect to landmines, facilitate the removal of landmines, and provide services to individuals with disabilities caused by landmines. (8) Provide assistance to rehabilitate children affected by the conflict, particularly child soldiers. (d) Relief, Resettlement, and Repatriation of Refugees.--With respect to the relief, resettlement, and repatriation of refugees in Afghanistan and other countries of Central Asia, the applicable requirements are the following: (1)(A) Take all necessary steps to protect women refugees in camps, urban areas, and villages fleeing from the conflict situation in Afghanistan from violence. (B) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages fleeing from the conflict situation in Afghanistan are directly receiving food aid, shelter, relief supplies, and other services from United States-sponsored programs. (C) Take all necessary steps to ensure that women refugees in camps, urban areas, and villages are accessing high quality health and medical services, particularly reproductive, maternal, and child health services. (2) Take all necessary steps to ensure that refugees that choose to return voluntarily to their place of origin can do so in safety, dignity, and with protection of their rights. United States-sponsored efforts shall not coerce or encourage refugees to return to their places of origin. (e) Peacekeeping Operations.--With respect to peacekeeping operations in Afghanistan and other countries of Central Asia, the applicable requirements are the following: (1) In preparation for deployment of peacekeeping missions, provide training, guidelines, and materials to military, police, and civilian personnel on the protection, rights, and the particular needs of women, as well as on the importance of involving women in all peacekeeping and peace building measures. (2) Encourage individuals and organizations that will provide training to consult with women's organizations within and outside of Afghanistan and other countries of Central Asia to develop appropriate training content and materials. (f) Definition.--In this section, the term ``other countries of Central Asia'' means Pakistan, Tajikistan, Turkmenistan, Kazakhstan, and Uzbekistan. SEC. 4. REPORT. Not later than 60 days after the date of the enactment of this Act, the President shall prepare and transmit to Congress a report that contains documentation (including documentation using data disaggregated by gender) of the progress in implementing the requirements of section 3.

Access for Afghan Women Act of 2001 - Directs the United States to undertake a variety of measures to guard and enhance the quality of life of Afghan and other Central Asian women, including the following: (1) incorporating the perspectives of women's and human rights organizations in matters related to peace and the future governance of Afghanistan; (2) including significant numbers of women in drafting a new constitution for Afghanistan; (3) providing funding for education for all Afghans; (4) increasing Central Asian women's access to and ownership of productive assets and property; (5) providing funding for women-centered economic development programs in Central Asia; (6) assuring the safety and health of female Central Asian refugees; and (7) including women in peacekeeping and peace building measures in Central Asia. Defines Central Asia as Afghanistan, Pakistan, Tajikistan, Turkmenistan, Kazakhstan and Uzbekistan.

To require activities carried out by the United States in Afghanistan and other countries of Central Asia relating to peace negotiations, post-conflict reconstruction and development, refugee relief, resettlement, and repatriation, and peacekeeping operations comply with the basic human rights of women.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Access Improvement Act of 2013''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (EE), by striking ``and'' after the semicolon at the end; (B) in subparagraph (FF), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(GG) marriage and family therapist services (as defined in subsection (iii)(1)) and mental health counselor services (as defined in subsection (iii)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(iii)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(iii)(1)) and mental health counselor services (as defined in section 1861(iii)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (Z)'' and inserting ``(Z)''; and (B) by inserting before the semicolon at the end the following: ``, and (AA) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(iii)(1)), mental health counselor services (as defined in section 1861(iii)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(iii)(2)). ``(viii) A mental health counselor (as defined in section 1861(iii)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (iii)(2)), or by a mental health counselor (as defined in subsection (iii)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``, marriage and family therapist, or mental health counselor'' after ``social worker''. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2014.

Mental Health Access Improvement Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to cover marriage and family therapist services and mental health counselor services under Medicare part B (Supplementary Medical Insurance), particularly those provided in rural health clinics, federally qualified health centers, and in hospice programs. Amends Medicare part E (Miscellaneous) to exclude such services from the skilled nursing facility prospective payment system. Authorizes marriage and family therapists and mental health counselors to develop discharge plans for post-hospital services.

Mental Health Access Improvement Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Drivers' Bill of Rights Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The labor of drayage and intermodal truck drivers is vital to the movement of goods and to our Nation's economic prosperity. (2) Independent studies have repeatedly documented the low pay and rampant worker misclassification in the port drayage and intermodal industries. (3) The Subcommittee on Highways and Transit of the House Transportation and Infrastructure Committee held a hearing on May 5, 2010, on the negative economic and environmental impacts of port trucking. (4) An investigation published in USA Today on June 16, 2017, titled ``Rigged'', detailed disturbing employer abuses and called the work arrangements for many port truck drivers modern-day indentured servitude. (5) The California Labor Commissioner has issued decisions awarding over 400 port drivers in excess of $40 million in back pay due to wage and hour violations. (6) Federal and State courts have consistently upheld the California Labor Commissioner's authority to adjudicate these claims and have rejected complaints that wage claims brought by truck drivers with the Labor Commissioner are preempted by the Federal Aviation Administration Authorization Act of 1994. (7) The California Employment Development Department and the New Jersey Department of Labor have awarded at least 50 port drivers unemployment and disability benefits. (8) Regions 21 and 5 of the National Labor Relations Board have issued several complaints against port trucking companies for allegedly committing unfair labor practices after investigations determined port drivers were being misclassified. (9) Drayage drivers at the Ports of Los Angeles and Long Beach have engaged in at least 15 unfair labor practice strikes over the past 3 years to protest misclassification, which have caused picketing at marine terminals that delayed cargo and created congestion. (10) Many stakeholders in the movement of goods and licensed motor carriers, including beneficial cargo owners and third-party logistics providers, contribute to negative working conditions for port truck drivers. (11) Government officials have an opportunity and a responsibility to improve the working conditions of port truck drivers. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that truck drivers, including drayage drivers, have the right to-- (1) be treated with honesty and respect; (2) have full-time work guarantee a basic standard of living; (3) be covered by Federal, State, and local labor and employment laws; (4) be covered by workplace safety and health laws; (5) be free from exploitative truck lease or rental arrangements; (6) not be misclassified as independent contractors and denied legal protections, benefits, and pay; and (7) bargain collectively for better wages and working conditions. SEC. 4. TRUCK LEASING TASK FORCE. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Labor, shall establish the Truck Leasing Task Force (hereinafter referred to as the ``Task Force''). (b) Membership.--The Secretary of Transportation shall select not more than 15 individuals to serve as members of the Task Force from the following groups: (1) Labor organizations. (2) The motor carrier industry. (3) Consumer protection groups. (4) Safety groups. (5) Members of the legal profession who specialize in consumer finance issues. (c) Duties.--The Task Force shall examine ``lease-to-own'' agreements that commercial truck drivers have entered into, with a focus on-- (1) the operation of agreements that drayage drivers have entered into; and (2) such agreements at the Port of Los Angeles and the Port of Long Beach. (d) Powers.--The Task Force may conduct site visits and field hearings, as necessary, to assist its efforts. (e) Report.-- (1) In general.--The Task Force shall create a report containing the following: (A) The impact of truck leasing agreements on the take-home pay of truck drivers. (B) Whether the truck leasing agreements comply with applicable local, State, and Federal law. (C) Whether the Task Force determines that legislation is necessary to protect the ability of truck drivers to earn a living wage and, if so, recommendations on such legislation. (D) Whether the Task Force determines that changes in regulations are necessary to protect the ability of truck drivers to earn a living wage and, if so, recommendations to the Secretary of Transportation and the Secretary of Labor on such changes. (2) Submission.--Not later than 1 year after the date on which the Task Force is established pursuant to subsection (a), the report created pursuant to paragraph (1) shall be submitted to-- (A) the House Transportation and Infrastructure Committee; (B) the House Education and the Workforce Committee; (C) the Senate Committee on Commerce, Science, and Transportation; and (D) the Senate Committee on Health, Education, Labor, and Pensions. (f) Termination.--Not later than 1 month after the date of submission of the report pursuant to subsection (e), the Task Force shall terminate.

Port Drivers' Bill of Rights Act of 2017 This bill requires the Department of Transportation to establish a Truck Leasing Task Force to examine lease-to-own agreements entered into by commercial truck drivers. The task force must focus on: (1) the operation of agreements that drayage drivers have entered into, and (2) such agreements at the Port of Los Angeles and the Port of Long Beach. Additionally, the task force must create and submit a report to Congress on its findings.

Port Drivers’ Bill of Rights Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Same Insurance as Congress Act of 1998''. SEC. 2. PROVISIONS TO MAKE FEHBP COVERAGE AVAILABLE TO INDIVIDUALS AND SMALL EMPLOYERS. (a) In General.--Chapter 89 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 8915. Expanded access to coverage ``(a) In General.--A contract may not be made or a plan approved unless the carrier agrees to offer to eligible individuals, throughout each term for which the contract or approval remains effective, the same benefits (subject to the same maximums, limitations, exclusions, and other similar terms or conditions and the same guidelines as are applied by the Office of Personnel Management) as would be offered under such contract or plan to employees and annuitants and their family members. ``(b) Eligible Individuals.--An individual shall be eligible to enroll under a plan or contract under this chapter pursuant to subsection (a) if such individual-- ``(1) is not eligible to be enrolled in a group health plan (as such term is defined in section 2791(a) of the Public Health Service Act (42 U.S.C. 300gg-1(a)); ``(2) is not eligible for benefits under the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), for medical assistance under a State medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.), or child health assistance under a State children's health insurance program under title XXI of such Act (42 U.S.C. 1397aa et seq.); and ``(3) meets such other requirements as the Office, by regulation, may impose. ``(c) Enrollment.--The Office shall provide for the implementation of procedures to provide for an annual open enrollment period during which individuals may enroll with a plan or contract for coverage under this section. ``(d) Premiums.--Premiums for coverage under this section shall be established by the carriers in conformance with such requirements as the Office shall by regulation prescribe, including provisions to ensure conformance with generally accepted standards and practices associated with community rating. Nothing in this section shall be construed as providing or requiring that the premiums so established shall be the same as the premiums established for coverage offered under this chapter other than under this section. ``(e) Contributions and Benefits.--In no event shall the enactment of this section result in-- ``(1) any increase in the level of individual contributions by employees or annuitants as required under section 8906 or under any other provision of this chapter, including copayments or deductibles; ``(2) the payment by the Government of any premiums associated with coverage under this section; ``(3) any decrease in the types of benefits offered under this chapter; or ``(4) any other change that would adversely affect the coverage afforded under this chapter to employees and annuitants and their family members. ``(f) Exclusion of Certain Carriers.-- ``(1) In general.--A carrier may file an application with the Office setting forth reasons why such carrier, or a plan provided by such carrier, should be excluded from the requirements of this section. ``(2) Consideration of factors.--In reviewing an application under paragraph (1), the Office may consider such factors as-- ``(A) any bona fide enrollment restrictions which would make the application of this section inappropriate, including those common to plans which are limited to individuals having a past or current employment relationship with a particular agency or other authority of the Government; ``(B) whether compliance with this section would jeopardize the financial solvency of the plan or carrier, or otherwise compromise its ability to offer health benefits under the preceding provisions of this chapter; and ``(C) the anticipated duration of the requested exclusion and what efforts the plan or carrier proposes to take in order to be able to comply with this section. ``(g) Application of Section.--Except as the Office may by regulation prescribe, any reference to this chapter (or any requirement of this chapter), made in any provision of law, shall not be considered to include this section (or any requirement of this section). ``(h) Termination.--This section shall terminate on the date that is 10 years after the date of enactment of this section.''. (b) Clerical Amendment.--The table of sections for such is amended by adding at the end the following: ``8915. Expanded access to coverage.''.

Same Insurance as Congress Act of 1998 - Requires any carrier of a plan approved under the Federal Employees Health Benefits Program to offer health insurance to individuals who are not eligible: (1) to be enrolled in a group health plan; or (2) for Medicare, Medicaid, or Children's Health Insurance Program benefits under the Social Security Act. Sets forth provisions concerning premiums, contributions, benefits, and the exclusion of a carrier or plan. Terminates the provisions of this Act ten years after enactment.

Same Insurance as Congress Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Afterschool for America's Children Act''. SEC. 2. PURPOSE; DEFINITIONS. Section 4201 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171) is amended-- (1) in subsection (a), by amending paragraphs (1) and (2) to read as follows: ``(1) offer students a broad array of additional services, programs, and activities, such as youth development activities, service learning, nutrition and health education, drug and violence prevention programs, counseling programs, art, music, social and emotional learning programs, physical fitness and wellness programs and recreation programs, such as sports, and technology education programs, that are designed to reinforce and complement the regular academic program of participating students; ``(2) provide opportunities for academic enrichment, including providing tutorial services to help students, particularly students who attend low-performing schools, in core academic subjects; and''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) by amending subparagraph (A) to read as follows: ``(A) assists students in core academic subjects by providing the students with academic and enrichment activities and a broad array of other activities (such as programs and activities described in subsection (a)) during nonschool hours or periods when school is not in session (such as before or after school or during summer recess) that reinforce and complement the regular academic programs of the schools attended by the students served;''; and (ii) in subparagraph (B), by inserting before the period at the end ``and opportunities for active and meaningful engagement in their student's education''; (B) in paragraph (3), by inserting ``Indian tribe or tribal organization (as such terms are defined in section 4 of the Indian Self-Determination and Education Act (25 U.S.C. 450b)),'' after ``community- based organization,''; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following new paragraph: ``(4) External organization.--The term `external organization' means a nonprofit organization with a record of success in carrying out or working with before school, after school, or summer learning programs.''. SEC. 3. ALLOTMENTS TO STATES. Section 4202(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7172(c)) is amended-- (1) in paragraph (2)(B), by inserting ``rigorous'' after ``implementing a''; (2) by striking the undesignated matter after paragraph (2)(B) and inserting the following new subparagraph: ``(C) supervising the awarding of funds to eligible entities (in consultation with the Governor and other State agencies responsible for administering youth development programs and adult learning activities).''; and (3) in paragraph (3), by inserting after subparagraph (D) the following new subparagraphs: ``(E) Assisting eligible entities receiving an award under this part to align with State academic standards the activities carried out under before school, after school, or summer learning programs funded with such award. ``(F) Ensuring that any such eligible entity identifies and partners with external organizations, if available, in the community. ``(G) Working with teachers, principals, parents, and other stakeholders to review and improve State policies and practices to support the implementation of effective programs. ``(H) Coordinating funds received under this program with other Federal and State funds to implement high-quality programs. ``(I) Providing a list of prescreened external organizations to eligible entities under section 4203(a)(12).''. SEC. 4. STATE APPLICATION. Section 4203 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7173) is amended-- (1) in subsection (a)-- (A) by amending paragraph (3) to read as follows: ``(3) contains an assurance that the State educational agency-- ``(A) will make awards under this part only to eligible entities that propose to serve students who primarily attend schools eligible for schoolwide programs under section 1114, and families of such students; and ``(B) will give priority to eligible entities that propose to serve students described in section 4204(i)(1);''; (B) in paragraph (4), by striking ``meet local content and student academic achievement standards'' and inserting ``improve academic and life success''; (C) in paragraph (6), by striking ``promising practices'' and inserting ``successful practices, and coordination of professional development for staff in specific content areas and youth development''; (D) by amending paragraph (11) to read as follows: ``(11) provides-- ``(A) an assurance that the application was developed in consultation and coordination with appropriate State officials, including the chief State school officer, and other State agencies administering before school, after school, or summer school learning programs, the heads of the State health and mental health agencies or their designees, and representatives of teachers, parents, students, the business community, and community-based organizations; statewide afterschool networks (where applicable); and ``(B) a description of any other representatives of teachers, parents, students, or the business community that the State has selected to assist in the development of the application, if applicable;''; (E) by redesignating paragraph (14) as paragraph (15); (F) by amending paragraph (12) to read as follows: ``(12) describes how the State will prescreen external organizations that may provide assistance in carrying out the activities under this part and develop and make available to eligible entities a list of external organizations that successfully completed the prescreening process;''; (G) by amending paragraph (13) to read as follows: ``(13) describes the results of the State's needs and resources assessment for before school, after school or summer learning activities, which shall be based on the results of on- going State evaluation activities;''; and (H) by amending paragraph (14) to read as follows: ``(14) describes how the State educational agency will evaluate the effectiveness of programs and activities carried out under this part, which shall include, at a minimum-- ``(A) a description of the performance indicators and performance measures that will be used to evaluate programs and activities, and with emphasis on alignment with the regular academic program of the school and the academic needs of participating students, including performance indicators and measures that-- ``(i) are able to track student success and improvement over time, and ``(ii) include State assessment results and other indicators of student success and improvement, such as improved attendance during the school day, better classroom grades, regular (or consistent) program attendance, on- time advancement to the next grade level and graduation rate, local crime rate, and classroom behavior; ``(B) a description of how data collected for the purposes of subparagraph (A) will be collected; and ``(C) public dissemination of the evaluations of programs and activities carried out under this part;''; and (2) by adding at the end the following new subsection: ``(g) Limitation.--The Secretary may not impose a priority or preference for States or eligible entities that seek to use funds made available under this part to extend the regular school day.''. SEC. 5. LOCAL COMPETITIVE GRANT PROGRAM. Section 4204 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7174) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (B), by inserting ``and overall student success'' after ``achievement''; (B) by amending subparagraph (C) to read as follows: ``(C) a demonstration of how the proposed program will-- ``(i) work in partnership with Federal, State, and local programs that will be combined or coordinated with the proposed program; and ``(ii) make the most effective use of public resources;''; (C) in subparagraph (D), by striking ``, in active collaboration with the schools the students attend;'' and inserting ``in active collaboration and alignment with the schools the students attend, including the sharing of relevant student data among the schools, all participants in the eligible entity, and any partnering entities described in subparagraph (H) in a manner consistent with the applicable laws relating to privacy and confidentiality;''; and (D) in subparagraph (J), by striking ``has experience, or promise of success, in providing'' and inserting ``uses research or evidence-based practices to provide''; (2) in subsection (e)-- (A) by striking ``In reviewing'' and inserting the following: ``(1) In general.--In reviewing''; (B) by inserting ``rigorous'' before ``peer''; and (C) by adding at the end the following: ``(2) Rigorous peer review process.--For purposes of this subsection, the term `rigorous peer review process' means a process by which-- ``(A) a State educational agency selects peer reviewers who are employees of such agency and who-- ``(i) have experience with community learning centers; ``(ii) have expertise in providing effective academic, enrichment, youth development, and related services to students; and ``(iii) are not eligible entities, or representatives of an eligible entity, that have submitted an application under this section for the grant period for which applications are being reviewed; and ``(B) the peer reviewers described in subparagraph (A) review and rate the applications to determine the extent to which the applications meet the requirements under subsection (b) of this section and 4205.''; (3) in subsection (i)-- (A) in paragraph (1), by striking ``and'' at the end of subparagraph (A), by striking the period at the end of clause (ii) of subparagraph (B) and inserting ``; and'', and by adding at the end the following new subparagraph: ``(C) demonstrating that the activities proposed in the application-- ``(i) are, as of the date of the submission of the application, not otherwise accessible to students who would be served by such activities; or ``(ii) would expand accessibility to high- quality services that may be available in the community.''; and (B) by adding at the end the following new paragraph: ``(3) Limitation.--A State educational agency may not impose a priority or preference for eligible entities that seek to use funds made available under this part to extend the regular school day.''; and (4) by adding at the end the following new subsection: ``(j) Renewability of Awards.--A State educational agency may renew a grant provided under this section to an eligible entity, based on the eligible entity's performance during the first grant period.''. SEC. 6. LOCAL ACTIVITIES. Section 4205 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7175) is amended-- (1) by amending subsection (a) to read as follows: ``(a) Authorized Activities.--Each eligible entity that receives an award under section 4204 may use the award funds to carry out a broad array of before and after school activities (including during summer recess periods) that advance student academic achievement and support student success, including-- ``(1) academic enrichment learning programs, mentoring programs, remedial education activities, and tutoring services; ``(2) core academic subject education activities, including such activities that enable students to be eligible for credit recovery or attainment; ``(3) art and music education activities; ``(4) services for individuals with disabilities including enrichment programs that provide access to sports and fitness for students with disabilities designed to improve wellness, self-esteem, and independence; ``(5) activities and programs that support global education and global competence, including those that foster learning about other countries, cultures, languages, and global issues; ``(6) programs that provide after school activities for limited English proficient students that emphasize language skills and academic achievement; ``(7) programs that support a healthy, active lifestyle, including nutritional education, recreation and regular, structured physical activity programs; ``(8) telecommunications and technology education programs to serve academic and community needs; ``(9) expanded library service hours to serve academic and community needs; ``(10) parenting skills programs that promote parental involvement and family literacy; ``(11) programs that provide assistance to students who have been truant, suspended, or expelled to allow the students to improve their academic achievement; ``(12) drug and violence prevention programs, counseling programs, social and emotional learning programming and character education programs; ``(13) literacy education programs; and ``(14) programs that build skills in science, technology, engineering, and mathematics (referred to in this paragraph as `STEM') and that foster innovation in learning by supporting non-traditional STEM education teaching methods.''; and (2) in subsection (b)-- (A) in the subsection heading, by striking ``Principles'' and inserting ``Measures''; (B) in paragraph (1), by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting a semicolon, and by inserting after subparagraph (C) the following new subparagraphs: ``(D) ensure that measures of student success align with the regular academic program of the school and the academic needs of participating students, and include performance indicators and performance measures described in section 4203(a)(13)(A); and ``(E) collect the data necessary for the measures of student success described in subparagraph (D).''; and (C) in paragraph (2)-- (i) in subparagraph (A), by inserting before the period at the end ``and overall student success''; and (ii) in subparagraph (B), by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; and'', and by inserting after clause (ii) the following new clause: ``(iii) used by the State to determine whether a grant is eligible to be renewed under section 4204(j).''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 4206 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7176) is amended to read as follows: ``SEC. 4206. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2015 and each of the 5 succeeding fiscal years.''. SEC. 8. TRANSITION. The recipient of a multiyear grant award under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.), as such Act was in effect on the day before the date of enactment of this Act, shall continue to receive funds in accordance with the terms and conditions of such award.

Afterschool for America's Children Act - Amends the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (ESEA). (21st Century Community Learning Centers provide students with before school, after school, and summer learning programs to improve their academic performance.) Requires the Centers to provide students' families with opportunities for active and meaningful engagement in their children's education. Includes Indian tribes or organizations among the local public or private entities that are eligible for grants from states to establish the Centers. Allows states to use a portion of the part B funds allotted to them by the Secretary of Education to: (1) assist those Centers in aligning their before school, after school, and summer learning programs with the state's academic standards; and (2) ensure that those Centers partner with nonprofit organizations in the community that have had success in carrying out, or working with, those programs. Requires states to: (1) award grants only to local entities that propose to serve students who primarily attend schools that are eligible for schoolwide programs under part A of title I of the ESEA, and (2) give priority to applicants that propose to serve students that attend schools that have been identified as needing improvement. Requires states to use a rigorous peer review process in reviewing grant applications. Prohibits the Secretary or states from giving funding priority to applicants that propose to use the funds to extend the regular school day. Allows states to renew a grant under part B based on the grantee's performance during the original grant period. Includes among the activities grants may fund: (1) core academic subject education activities, including those that allow students to recover or attain credits; (2) services for the disabled; (3) activities and programs that support global education and competence; (4) programs that support a healthy, active lifestyle; (5) literacy education programs; and (6) programs that build science, technology, engineering, and mathematics (STEM) skills and support innovative STEM teaching methods. Requires students' academic performance and overall success to be taken into account in evaluating the performance of the Centers. Reauthorizes the 21st Century Community Learning Centers program through FY2020.

Afterschool for America's Children Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Trafficking Fraud Enforcement Act of 2010''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR TAX LAW ENFORCEMENT RELATING TO HUMAN TRAFFICKING AND PROMOTION OF COMMERCIAL SEX ACTS. (a) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated $4,000,000 for fiscal year 2011 for the purpose of establishing an office within the Internal Revenue Service to investigate and prosecute violations of the internal revenue laws by persons that appear to be engaged in conduct in violation of section 1591(a), section 2421, section 2422, subsection (a), (d), or (e) of section 2423, section 1952, section 1589, section 1590, or section 1351 of title 18, United States Code, or section 1328 of title 8, United States Code, or the laws of any State or territory that prohibit the promotion of prostitution or of any commercial sex act (as such term is defined in section 1591(e)(3) of title 18, United States Code). (2) Availability.--Any amounts appropriated pursuant to the authority of paragraph (1) shall remain available for fiscal year 2011. (b) Additional Funding for Operations of Office.--Unless specifically appropriated otherwise, there is authorized to be appropriated and is appropriated to the office established under subsection (a)(1) for fiscal years 2011 and 2012 for the administration of such office an amount equal to the amount of any tax under chapter 1 of the Internal Revenue Code of 1986 (including any interest) collected during such fiscal years as the result of the actions of such office, plus any civil or criminal monetary penalties imposed under such Code relating to such tax and so collected. (c) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall report to the Committee of Ways and Means of the House of Representatives and the Committee on Finance of the Senate on the enforcement activities of the office established under subsection (a)(1) and shall include any recommendations for statutory changes to assist in future prosecutions under this section. (d) Applicability of Whistleblower Awards to Victims of Human Trafficking.--For purposes of making an award under paragraph (1) or (2) of section 7623(b) of the Internal Revenue Code of 1986 with respect to information provided by victims of any person convicted of violating section 1589, section 1590, section 1591(a), section 2421, section 2422, subsection (a), (d), or (e) of section 2423, or section 1952, or section 1351 of title 18, United States Code, or section 1328 of title 8, United States Code, or the laws of any State or territory that prohibit the promotion of prostitution or of any commercial sex act (as such term is defined in section 1591(e)(3)) of title 18, United States Code), the determination of whether such person is described in such paragraph shall be made without regard to paragraph (3) of section 7623(b) of such Code. SEC. 3. INCREASE IN CRIMINAL MONETARY PENALTY LIMITATION FOR THE UNDERPAYMENT OR OVERPAYMENT OF TAX DUE TO FRAUD. (a) In General.-- (1) Attempt to evade or defeat tax.--Section 7201 of the Internal Revenue Code of 1986 (relating to attempt to evade or defeat tax) is amended-- (A) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (B) by adding at the end the following new subsection: ``(b) Attempt To Evade or Defeat Tax Attributable to Human Trafficking and Commercial Sex Acts.-- ``(1) In general.--In the case of any attempt to evade or defeat any tax attributable to income derived from an act described in paragraph (2), subsection (a) shall be applied-- ``(A) by substituting `$500,000 ($1,000,000' for `$100,000 ($500,000', and ``(B) by substituting `10 years' for `5 years'. ``(2) Human trafficking and commercial sex acts.--For purposes of paragraph (1), an act described in this paragraph is any act which is a violation of section 1591(a), section 2421, section 2422, subsection (a), (d), or (e) of section 2423, section 1952, section 1589, section 1590, or section 1351 of title 18, United States Code, or section 1328 of title 8, United States Code, or the laws of any State or territory that prohibit the promotion of prostitution or of any commercial sex act (as such term is defined in section 1591(e)(3) of title 18, United States Code).''. (2) Willful failure to file return, supply information, or pay tax.--Section 7203 of such Code (relating to willful failure to file return, supply information, or pay tax) is amended-- (A) in the first sentence-- (i) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (ii) by striking ``$25,000'' and inserting ``$50,000'', (B) in the third sentence, by striking ``section'' and inserting ``subsection'', and (C) by adding at the end the following new subsection: ``(b) Failure To File With Respect to Tax Attributable to Human Trafficking and Commercial Sex Acts.--In the case of any failure with respect to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), the first sentence of subsection (a) shall be applied by substituting-- ``(1) `felony' for `misdemeanor', ``(2) `$500,000 ($1,000,000' for `$50,000 ($100,000', and ``(3) `10 years' for `1 year'.''. (3) Fraud and false statements.--Section 7206 of such Code (relating to fraud and false statements) is amended-- (A) by striking ``Any person'' and inserting the following: ``(a) In General.--Any person'', and (B) by adding at the end the following new subsection: ``(b) Fraud and False Statements With Respect to Tax Attributable to Human Trafficking and Commercial Sex Acts.--In the case of any violation of subsection (a) relating to any tax attributable to income derived from an act described in paragraph (2) of section 7201(b), subsection (a) shall be applied-- ``(1) by substituting `$500,000 ($1,000,000' for `$100,000 ($500,000', and ``(2) by substituting `5 years' for `3 years'.''. (4) Penalties may be applied in addition to other penalties.--Section 7204 of such Code (relating to fraudulent statement or failure to make statement to employees) is amended by striking ``the penalty provided in section 6674'' and inserting ``the penalties provided in sections 6674, 7201, and 7203''. (b) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--Section 7206 of such Code (relating to fraud and false statements), as amended by subsection (a)(3), is amended by adding at the end the following new subsection: ``(c) Increase in Monetary Limitation for Underpayment or Overpayment of Tax Due to Fraud.--If any portion of any underpayment (as defined in section 6664(a)) or overpayment (as defined in section 6401(a)) of tax required to be shown on a return is attributable to fraudulent action described in subsection (a), the applicable dollar amount under subsection (a) shall in no event be less than an amount equal to such portion. A rule similar to the rule under section 6663(b) shall apply for purposes of determining the portion so attributable.''. (c) Effective Date.--The amendments made by this section shall apply to actions, and failures to act, occurring after the date of the enactment of this Act.

Human Trafficking Fraud Enforcement Act of 2010 - Authorizes appropriations in FY2011 to establish an office within the Internal Revenue Service (IRS) to investigate and prosecute violations of internal revenue laws by persons that appear to be engaged in sex trafficking of children, transportation and coercion of individuals and minors for the purpose of prostitution, racketeering, forced labor and trafficking in slavery, and importation of aliens for prostitution. Makes victims of sex trafficking eligible for whistleblower awards. Amends the Internal Revenue Code to increase criminal penalties and fines for: (1) attempts to evade or defeat tax attributable to human trafficking and commercial sex acts; (2) willful failure to file returns for tax attributable to income derived from human trafficking and commercial sex acts; and (3) fraud and false statements with respect to tax attributable to human trafficking and commercial sex acts.

To authorize appropriations for the purpose of establishing an office within the Internal Revenue Service to focus on violations of the internal revenue laws by persons who are under investigation for conduct relating to the promotion of commercial sex acts and trafficking in persons crimes, and to increase the criminal monetary penalty limitations for the underpayment or overpayment of tax due to fraud.

SECTION 1. SHORT TITLE. This Act may be cited as the ``General Accounting Office Reform Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) an objective General Accounting Office, primarily limited to auditing and accounting functions that are carried out in a professionally responsible manner, provides an essential service to the Congress and the United States; (2) the General Accounting Office maintains substantial staff with expertise in a wide variety of fields to provide comprehensive technical evaluations to the Congress; (3) the General Accounting Office is required to coordinate its audits with offices of inspector generals to provide Congress with factual analysis of waste, fraud and abuse; (4) the General Accounting Office may have exceeded its accounting and auditing mission and increasingly makes policymaking reports on subjects not directly related to accounting and auditing; (5) there have been serious allegations questioning the General Accounting Office's nonpartisanship, objectivity, integrity and qualifications in carrying out its functions and responsibilities under the law; (6) a review of the General Accounting Office's services conducted by a newly established Independent Peer Review Committee, including an examination of its organizational structure, management policies and operations, should be initiated to ensure that financial and accounting functions remain the focus of the agency; and (7) immediate reforms should be enacted to address deficiencies pending the completion of this outside review and report. TITLE I--INDEPENDENT GENERAL ACCOUNTING OFFICE PEER REVIEW COMMITTEE SEC. 101. INDEPENDENT GENERAL ACCOUNTING OFFICE PEER REVIEW COMMITTEE. (a) Establishment.--There is established the Independent General Accounting Office Peer Review Committee (hereafter in this section referred to as the ``Committee''). The Committee shall consist of 11 members as follows-- (1) the Comptroller General of the United States; and (2) 10 members who-- (A) are not officers or regular employees of the General Accounting Office; (B) have expertise in government program analysis, public policy analysis, financial and auditing review; and (C) are appointed by the Majority and Minority Leaders of the House of Representatives and of the Senate in consultation with the chairman and ranking members of the Senate Committee on Governmental Affairs, the House of Representatives Committee on Government Operations, and the chairman and ranking minority member of the Subcommittee on Legislative Branch of the Committee on Appropriations of the Senate, and the chairman and ranking minority member of the Subcommittee on Legislative of the Committee on Appropriations of the House of Representatives. One of the members appointed pursuant to paragraph (2) shall be appointed chair of the Committee. (b) Functions.--The Committee shall conduct a review of the organization, administration, management, and operations of the General Accounting Office, including the way the General Accounting Office conducts its reports, studies, and reviews. To conduct the review, the Committee shall engage the services of accountants or accounting firms and persons or entities with expertise in the fields of auditing, and public program and policy analysis pursuant to the appropriation under the heading ``Contract Study of GAO''. In planning the review the Committee shall take into account generally accepted standards for an external quality review of an auditing organization. In conducting the review the Committee shall-- (1) select a sample of General Accounting Office reports, studies, and reviews conducted over the past 24-month period preceding the date of the enactment of this section, which shall encompass a variety of topics, sectors, and subjects that adequately reflect the endeavors of the General Accounting Office; (2) submit the sample reports, studies, and reviews to independent analysis by organizations, selected by the Committee, with recognized expertise in the relevant field of the selected reports, studies, and reviews to assess the accuracy, fairness, and professionalism of the reports, studies, and reviews; and (3) ensure that the Committee or the organization responsible for conducting the analysis includes in each report of the independent analysis-- (A) a thorough examination to determine the objectivity, integrity, validity, and timeliness of each General Accounting Office product; (B) the requesting and clearance procedures to maintain objectivity in analysis; (C) the number of and reasons for the use of outside consultants and contract services required to complete the final General Accounting Office report; (D) the contents and findings of any other support agencies' reports for duplication of scopes of work, and related efforts designed to solicit different findings and recommendations; (E) the costs associated with preparing the final reports by the General Accounting Office, and the costs incurred by other support agencies in preparing similar or identical scopes of work; and (F) a review of the final submission process to determine how the information was released to the appropriate congressional Members or committees, to the public, and to any relevant Federal departments or agencies. (c) Consultation.--In conducting the review and analysis under subsection (b), the Committee shall ensure that Federal departments and agencies, Members of Congress, appropriate congressional staff, and any other relevant organizations or individuals are consulted concerning their input, participation in, and responses to General Accounting Office studies, reports, and reviews with the intention of determining the objectivity and integrity of the final analysis. (d) Reports.--No later than 12 months after the date of the enactment of this Act, the Committee shall consolidate all analyses and submit a report of the review conducted under this section to the Comptroller General of the United States, the chairman and ranking minority member of the Subcommittee on Legislative Branch of the Committee on Appropriations of the Senate, and the chairman and ranking minority member of the Subcommittee on Legislative of the Committee on Appropriations of the House of Representatives, and to the chairman and ranking minority member of the Senate Committee on Governmental Affairs, and the chairman and ranking minority member of the House of Representatives Committee on Government Operations. Such report shall include an overall summary with recommendations for ways in which the General Accounting Office can accomplish its mandates in the most efficient and professional manner, at the most reasonable cost, with minimal duplication of other support agencies and Office of Inspector General undertakings, and with maximum objectivity and integrity. (e) Administrative Provision.--The provisions of the Federal Advisory Committee Act shall not apply to the Committee, except the Committee shall consult the guidelines established under section 7(d) of such Act. (f) Termination.--The Committee shall terminate 30 days after the date of submitting the report under subsection (d). (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. TITLE II--GENERAL ACCOUNTING OFFICE REFORM SEC. 201. LIMITATION ON FUNDS FOR CONSULTING SERVICES. (a) In General.--Notwithstanding any other provision of law, the General Accounting Office during fiscal year 1993 may not obligate and expend funds for consulting services involving management and professional services, special studies and analyses, technical assistance, and management review program funded organizations, in excess of an amount equal to 75 percent of the amount obligated and expended by the General Accounting Office during fiscal year 1992 for such purposes. (b) Definition.--For purposes of this section, the term ``consulting services'' shall be defined consistent with the provision of the Office of Management and Budget Circular A-120 dated January 4, 1988. SEC. 202. EXAMINATION OF INTERNAL CONTROLS. The Comptroller General shall submit annually a report to Congress containing-- (1) a description and statement of the Comptroller General's responsibility for establishing and maintaining an adequate internal control structure; and (2) an assessment, as of the most recent fiscal year, of whether such internal control structure reasonably assures compliance with the laws and regulations governing, and the objectives of, the General Accounting Office. SEC. 203. PROHIBITION OF INVESTIGATIONS ON THE INITIATIVE OF THE COMPTROLLER GENERAL. (a) Investigations and Evaluations.--Chapter 7 of title 31, United States Code, is amended-- (1) in section 712 by striking out paragraphs (1) and (3) and redesignating paragraphs (2), (4), and (5) as paragraphs (1), (2), and (3), respectively; and (2) in section 717(b) by striking out paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (b) Prohibition on Use of Funds.--The General Accounting Office may not expend any funds to conduct any study, investigation, or audit, or produce or disseminate any material which has not been requested by the Congress or a Federal agency or is not required by statute. SEC. 204. ASSIGNMENTS AND DETAILS TO THE CONGRESS. Section 734 of title 31, United States Code, is amended to read as follows: ``Sec. 734. Assignment and details to Congress ``(a) The Comptroller General may assign or detail an officer or employee of the General Accounting Office to full-time continuous duty with a committee of Congress for not more than one year. ``(b) A committee or office of the Congress (including a Member's office) shall reimburse the Comptroller General for the pay of each officer or employee or the Office for the time the officer or employee is assigned or detailed to the committee or office of the Congress.''. SEC. 205. REIMBURSEMENT FOR ASSIGNMENTS AND DETAILS. A Federal agency shall reimburse the Comptroller General for the pay of each officer or employee of the General Accounting Office for the time the officer or employee is assigned or detailed to the agency. SEC. 206. CONGRESSIONAL COMMENT AND CERTAIN AGENCY REVIEW OF DRAFT REPORTS. Section 718 of title 31, United States Code, is amended by adding at the end thereof the following new subsection: ``(d) Any draft report on a study or audit requested by any committee or office of the Congress (including a Member's office) shall be submitted to the committees of the Congress with jurisdiction of the subject matter of the report, and if appropriate, to the Congressional Budget Office, the Office of Technology Assessment, and the Congressional Research Service. Within 30 days of receiving the report, the majority and minority members of such committees, and the offices to which such draft report is submitted may review and submit comments to the General Accounting Office. Such comments shall be included in the final report.''. SEC. 207. PROHIBITION OF GENERAL ACCOUNTING OFFICE PERSONNEL IN A COMBAT ZONE. No officer or employee of the General Accounting Office may perform any function or duty of such Office in any military zone of combat operations as designated by the Secretary of Defense. SEC. 208. STUDIES AND AUDITS NOT REVIEWED BY SUBJECT AGENCY. Section 720 of title 31, United States Code, is amended by adding at the end thereof the following new subsection: ``(c) If the General Accounting Office submits a report to the Congress or the President, and the agency which is the subject of the study or audit of the report did not review or comment on such report, the lack of such review or comment shall be noted on the front of such report.''.

TABLE OF CONTENTS: Title I: Independent General Accounting Office Peer Review Committee Title II: General Accounting Office Reform General Accounting Office Reform Act of 1993 - Title I: Independent General Accounting Office Peer Review Committee - Establishes the Independent General Accounting Office Peer Review Committee to conduct a review of the organization, administration, management, and operations of the General Accounting Office (GAO), which includes selecting samples of GAO studies and subjecting them to independent, outside review of accuracy, fairness, and professionalism. Authorizes appropriations. Title II: General Accounting Office Reform - Limits GAO use of funds for consulting services for FY 1993 to 75 percent of the amount spent for such services in FY 1992. Requires annual Comptroller General reports to the Congress on GAO's internal control structure. Prohibits GAO studies, investigations, or audits which have not been requested by the Congress or a Federal agency or are not required by statute. Requires reimbursement for GAO assignments and details to congressional committees and offices and to Federal agencies. Provides for congressional committee and Congressional Research Service and other congressional agency review and comment with respect to GAO draft reports. Prohibits GAO personnel from performing official duties in a combat zone. Requires GAO reports to the Congress and the President on studies or audits of Federal agencies to note the subject agency's lack of review or comment on such report.

General Accounting Office Reform Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America's Wildlife Act of 2009''. SEC. 2. ADDITIONAL PROHIBITIONS. Section 13(a) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j- 1(a)) is amended-- (1) in paragraph (1), by striking ``or'' after the semicolon; (2) in paragraph (2), by striking ``or'' after the semicolon; (3) in paragraph (3), by adding ``or'' after the semicolon; (4) by inserting after paragraph (3) the following: ``(4) knowingly violates any regulation promulgated under this Act;''; and (5) in the matter following paragraph (4) (as inserted by this section), by striking ``$5,000'' and inserting ``$50,000''. SEC. 3. EXCEPTIONS TO PROHIBITIONS. Section 13(b) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j- 1(b)) is amended-- (1) in paragraph (1), by striking ``This section'' and inserting ``Subject to paragraph (3), this section''; (2) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by striking ``issues a permit referred to in'' and inserting ``authorizes an employee, agent, or person operating under a license or permit to take an action under''; (B) in subparagraph (A), by striking ``to whom a permit was issued'' and inserting ``so authorized''; (C) in subparagraph (B), by striking ``thereunder''; (D) in subparagraph (C), by striking ``to whom a permit was issued''; and (E) in subparagraph (D), by striking ``issuing the permit'' and inserting ``authorizing the action, including, for actions intended to protect land, water, or wildlife, the scientific basis for the actions so authorized''; and (3) by adding at the end the following: ``(3) Enhancing the propagation and survival of wildlife.-- No person exempted under paragraph (1) may shoot, attempt to shoot, or harass any wolf, bear, or wolverine for the purpose of enhancing the propagation and survival of wildlife, including game populations, unless-- ``(A) the head of the fish and wildlife agency of the State and, for game populations on land under the jurisdiction of the Department of the Interior, the Secretary of the Interior, or for game populations on land under the jurisdiction of the Department of Agriculture, the Secretary of Agriculture, determines, based on the best scientific data available, that-- ``(i) a biological emergency is imminent; and ``(ii) all other practicable means to prevent the biological emergency, including stopping regulated takes of the declining population, have been implemented; ``(B) the action is carried out-- ``(i) by an officer or employee of-- ``(I) the fish and wildlife agency of the State; or ``(II)(aa) for game populations on land under the jurisdiction of the Department of the Interior, the Department of the Interior; or ``(bb) for game populations on land under the jurisdiction of the Department of Agriculture, the Department of Agriculture; and ``(ii) only in the specific geographical area in which the imminent biological emergency is located; and ``(C) the action results in the removal of not more than the minimum number of predators necessary to prevent the biological emergency. ``(4) Exception relating to actions authorized by secretary of the interior.--The Secretary of the Interior may authorize any action described in subsection (a)-- ``(A) to prevent the extinction of a species that is listed as a threatened species or endangered species under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and ``(B) if the Secretary of the Interior determines that there is no other means available to address the threat of extinction of the species described in subparagraph (A).''. SEC. 4. DEFINITIONS. Section 13 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742j-1) is amended by striking subsection (c) and inserting the following: ``(c) Definitions.--In this section: ``(1) Aircraft.--The term `aircraft' means any contrivance used for flight in the air. ``(2) Biological emergency.--The term `biological emergency' means the likely extirpation or a significant and imminent threat to the sustainability of a wildlife population due to predation by wolves, bears, or wolverines (or any combination thereof). ``(3) Harass.--The term `harass' means-- ``(A) chasing or exhausting an animal; and ``(B) such other activities as are determined by the Secretary.''.

Protect America's Wildlife Act of 2009 - Amends the Fish and Wildlife Act of 1956 to impose criminal penalties on anyone who knowingly violates any regulation prohibiting the shooting or harassing of birds, fish, or other animals from aircraft (airborne hunting). Increases the monetary penalty for airborne hunting from $5,000 to $50,000. Expands the exceptions to the prohibition against airborne hunting to include enhancing the propagation and survival of wildlife or preventing the extinction of a species threatened or endangered under the Endangered Species Act of 1973.

To amend the Fish and Wildlife Act of 1956 to establish additional prohibitions on shooting wildlife from aircraft, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Redeployment from Iraq Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), enacted into law on October 16, 2002, authorized the President to use the Armed Forces as the President determined necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by the Government of Iraq at that time; (2) the Government of Iraq which was in power at the time the Authorization for Use of Military Force Against Iraq Resolution of 2002 was enacted into law has been removed from power and its leader indicted, tried, convicted, and executed by the new freely-elected democratic Government of Iraq; (3) the current Government of Iraq does not pose a threat to the United States or its interests; and (4) after more than four years of valiant efforts by members of the Armed Forces and United States civilians, the Government of Iraq must now be responsible for Iraq's future course. SEC. 3. REQUIREMENT TO REDUCE THE NUMBER OF ARMED FORCES IN IRAQ AND TRANSITION TO A LIMITED PRESENCE OF THE ARMED FORCES IN IRAQ. (a) Requirement.--The Secretary of Defense shall commence the reduction of the number of Armed Forces in Iraq beginning not later than 120 days after the date of the enactment of this Act and shall complete the reduction and transition to a limited presence of the Armed Forces in Iraq by not later than April 1, 2008. (b) Reduction and Transition To Be Carried Out in a Safe and Orderly Manner.--The reduction of the number of Armed Forces in Iraq and transition to a limited presence of the Armed Forces in Iraq required by subsection (a) shall be implemented in a safe and orderly manner, with maximum attention paid to protection of the Armed Forces that are being redeployed from Iraq. (c) Reduction and Transition to Further Comprehensive Strategy.-- The reduction of the number of Armed Forces in Iraq and transition to a limited presence of the Armed Forces in Iraq required by subsection (a) shall further be implemented as part of the comprehensive United States strategy for Iraq required by section 4 of this Act. SEC. 4. COMPREHENSIVE UNITED STATES STRATEGY FOR IRAQ. (a) Strategy Required.--Not later than January 1, 2008, the President shall transmit to the appropriate congressional committees a comprehensive United States strategy for Iraq. (b) Matters To Be Included.--The strategy required by subsection (a) shall include the following: (1) A discussion of United States national security interests in Iraq and the broader Middle East region and the diplomatic, political, economic, and military components of a comprehensive strategy to maintain and advance such interests as the Armed Forces are redeployed from Iraq pursuant to section 3 of this Act. (2) A justification of the minimum force levels required to protect United States national security interests in Iraq after April 1, 2008, including a description of the specific missions of the Armed Forces to be undertaken. The justification shall include-- (A) the projected number of Armed Forces necessary to carry out the missions; (B) the projected annual cost of the missions; and (C) the expected duration of the missions. (3) As part of the justification required by paragraph (2), the President shall, at a minimum, address whether it is necessary for the Armed Forces to carry out the following missions: (A) Protecting United States diplomatic facilities and United States citizens, including members of the Armed Forces who are engaged in carrying out other missions. (B) Serving in roles consistent with customary diplomatic positions. (C) Engaging in actions to disrupt and eliminate al-Qaeda and its affiliated organizations in Iraq. (D) Training and equipping members of the Iraqi Security Forces. (4) Specific plans for diplomatic initiatives to engage United States allies and others in the region to bring stability to Iraq. (c) Update of Strategy.--Not later than July 1, 2008, and every 90 days thereafter, the President shall transmit to the appropriate congressional committees an update of the strategy required by subsection (a), including a description of the number of Armed Forces deployed to Iraq and the missions for which such Armed Forces are so deployed. (d) Form.--The strategy required by subsection (a) and each update of the strategy required by subsection (c) shall be transmitted in unclassified form, but may contain a classified annex, if necessary. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. SEC. 5. ARMED FORCES DEFINED. In this Act, the term ``Armed Forces'' has the meaning given the term in section 101 of title 10, United States Code. Passed the House of Representatives July 12, 2007. Attest: LORRAINE C. MILLER, Clerk.

Responsible Redeployment from Iraq Act - Expresses the sense of Congress that: (1) the Authorization for Use of Military Force Against Iraq Resolution of 2002 authorized the President to use the Armed Forces as appropriate to defend U.S. national security against the continuing threat posed by the government of Iraq at the time; (2) the government of Iraq which was in power at that time has been removed; (3) the current Iraqi government does not pose a threat to the United States; and (4) after more than four years of efforts by members of the Armed Forces and U.S. civilians, the government of Iraq must now be responsible for Iraq's future course. Directs the Secretary of Defense to commence the reduction of the number of Armed Forces in Iraq beginning no later than 120 days after the enactment of this Act and complete the reduction and transition to a limited presence in Iraq by no later than April 1, 2008 Directs the President, by January 1, 2008, to transmit to the congressional defense, appropriations, and foreign relations committees a comprehensive U.S. strategy for Iraq. Requires the President to update such strategy no later than July 1, 2008, and every 90 days thereafter, including a description of the number of Armed Forces deployed to Iraq and the missions for which they are so deployed.

To require the Secretary of Defense to commence the reduction of the number of United States Armed Forces in Iraq to a limited presence by April 1, 2008, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bringing Business Back Act of 2016''. SEC. 2. EXCLUSION FOR INCOME ATTRIBUTABLE TO CERTAIN REAL PROPERTY. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139F the following new section: ``SEC. 139G. INCOME ATTRIBUTABLE TO QUALIFIED REAL PROPERTY EXCLUDED FROM GROSS INCOME. ``(a) In General.--Gross income shall not include income or gain attributable to qualified real property for any taxable year beginning during the exclusion period. ``(b) Qualified Real Property.--For purposes of this section-- ``(1) In general.-- ``(A) Definition.--The term `qualified real property' means any real property-- ``(i) which is certified by the State or local zoning authority, and any economic development board, with respect to such property as meeting the requirements of subparagraph (B), and ``(ii) with respect to which an election has been made (at such time and in such form and manner as the Secretary shall by regulation prescribe) to have this section apply. ``(B) Requirements.--Property meets the requirements of this subparagraph if such property-- ``(i) is zoned for commercial use, ``(ii) has been undeveloped and vacant during the 2-year period ending on the date of certification, and ``(iii) is located within a qualified census tract. ``(2) Qualified census tract.--The term `qualified census tract' means-- ``(A) any census tract-- ``(i) which-- ``(I) has an average poverty rate exceeding the national average poverty rate, or ``(II) has an unemployment rate above the national unemployment rate, and ``(ii) exhibits another condition of distress, such as deteriorating infrastructure or population decline, or ``(B) any qualified rural census tract. ``(3) Qualified rural census tract.--The term `qualified rural census tract' means any census tract-- ``(A) which is located in a rural community, ``(B) which has an unemployment rate of not less than 6 percent, and ``(C) in which not less than 50 percent of the houses were constructed before 1980. ``(4) Rules relating to poverty and unemployment rates.-- For purposes of paragraphs (2) and (3), poverty rates shall be determined by using 2010 census data, and unemployment rates shall be determined by reference to the rate of unemployment announced by the Bureau of Labor Statistics of the Department of Labor for the months in the two most recently ended calendar quarters. ``(5) Economic development board.--The term `economic development board' means, with respect to any property, any entity established by law to oversee the economic development of an area within which such property is located. ``(c) Exclusion Period.--The term `exclusion period' means, with respect to a taxable year, the 1-taxable-year period beginning with the first taxable year beginning after the date of the enactment of this section for which the income attributable to the qualified real property exceeds the pre-depreciation expenses attributable to such real property. ``(d) Special Rules.--For purposes of this section-- ``(1) Subsequent taxpayers.--Subsection (a) shall only apply to a taxpayer who has an ownership interest in the qualified real property on the first day of the exclusion period with respect to such property. ``(2) Limitation on application of section.--An election to have this section apply may only be made once with respect to any property. ``(3) Tax-exempt use property.--This section shall not apply to any property which is tax-exempt use property (as defined in section 168(h)). ``(e) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including methods for allocating income and expenses to property and rules to prevent abuse of this section.''. (b) Clerical Amendment.--The table of parts for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139F the following new item: ``Sec. 139G. Income attributable to qualified real property excluded from gross income.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Bringing Business Back Act of 2016 This bill amends the Internal Revenue Code to allow income or gain attributable to certain real property to be excluded from gross income for a one-year period in which the income attributable to the real property exceeds the pre-depreciation expenses attributable to the property. The exclusion applies to real property that has been certified by the state or local zoning authority and any economic development board as: (1) zoned for commercial use, (2) undeveloped and vacant during the two-year period ending on the date of certification, and (3) located within a qualified census tract. A "qualified census tract" is any census tract that: (1) has an average poverty rate exceeding the national average poverty rate or an unemployment rate above the national unemployment rate; and (2) exhibits another condition of distress, such as deteriorating infrastructure or population decline. A census tract is also qualified if it is located in a rural community that: (1) has an unemployment rate of at least 6%, and (2) in which at least 50% of the houses were constructed before 1980.

Bringing Business Back Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-Election Presidential Transition Act of 2010''. SEC. 2. CERTAIN PRESIDENTIAL TRANSITION SERVICES MAY BE PROVIDED TO ELIGIBLE CANDIDATES BEFORE GENERAL ELECTION. (a) In General.--Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended by adding at the end the following new subsection: ``(h)(1)(A) In the case of an eligible candidate, the Administrator-- ``(i) shall notify the candidate of the candidate's right to receive the services and facilities described in paragraph (2) and shall provide with such notice a description of the nature and scope of each such service and facility; and ``(ii) upon notification by the candidate of which such services and facilities such candidate will accept, shall, notwithstanding subsection (b), provide such services and facilities to the candidate during the period beginning on the date of the notification and ending on the date of the general elections described in subsection (b)(1). The Administrator shall also notify the candidate that sections 7601(c) and 8403(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 provide additional services. ``(B) The Administrator shall provide the notice under subparagraph (A)(i) to each eligible candidate-- ``(i) in the case of a candidate of a major party (as defined in section 9002(6) of the Internal Revenue Code of 1986), on one of the first 3 business days following the last nominating convention for such major parties; and ``(ii) in the case of any other candidate, as soon as practicable after an individual becomes an eligible candidate (or, if later, at the same time as notice is provided under clause (i)). ``(C)(i) The Administrator shall, not later than 12 months before the date of each general election for President and Vice- President (beginning with the election to be held in 2012), prepare a report summarizing modern presidential transition activities, including a bibliography of relevant resources. ``(ii) The Administrator shall promptly make the report under clause (i) generally available to the public (including through electronic means) and shall include such report with the notice provided to each eligible candidate under subparagraph (A)(i). ``(2)(A) Except as provided in subparagraph (B), the services and facilities described in this paragraph are the services and facilities described in subsection (a) (other than paragraphs (2), (3), (4), (7), and 8(A)(v) thereof), but only to the extent that the use of the services and facilities is for use in connection with the eligible candidate's preparations for the assumption of official duties as President or Vice-President. ``(B) The Administrator-- ``(i) shall determine the location of any office space provided to an eligible candidate under this subsection; ``(ii) shall, as appropriate, ensure that any computers or communications services provided to an eligible candidate under this subsection are secure; ``(iii) shall offer information and other assistance to eligible candidates on an equal basis and without regard to political affiliation; and ``(iv) may modify the scope of any services to be provided under this subsection to reflect that the services are provided to eligible candidates rather than the President-elect or Vice- President-elect, except that any such modification must apply to all eligible candidates. ``(C) An eligible candidate, or any person on behalf of the candidate, shall not use any services or facilities provided under this subsection other than for the purposes described in subparagraph (A), and the candidate or the candidate's campaign shall reimburse the Administrator for any unauthorized use of such services or facilities. ``(3)(A) Notwithstanding any other provision of law, an eligible candidate may establish a separate fund for the payment of expenditures in connection with the eligible candidate's preparations for the assumption of official duties as President or Vice-President, including expenditures in connection with any services or facilities provided under this subsection (whether before such services or facilities are available under this section or to supplement such services or facilities when so provided). Such fund shall be established and maintained in such manner as to qualify such fund for purposes of section 501(c)(4) of the Internal Revenue Code of 1986. ``(B)(i) The eligible candidate may-- ``(I) transfer to any separate fund established under subparagraph (A) contributions (within the meaning of section 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8))) the candidate received for the general election for President or Vice-President or payments from the Presidential Election Campaign Fund under chapter 95 of the Internal Revenue Code of 1986 the candidate received for the general election; and ``(II) solicit and accept amounts for receipt by such separate fund. ``(ii) Any expenditures from the separate fund that are made from such contributions or payments described in clause (i)(I) shall be treated as expenditures (within the meaning of section 301(9) of such Act (2 U.S.C. 431(9))) or qualified campaign expenses (within the meaning of section 9002(11) of such Code), whichever is applicable. ``(iii) An eligible candidate establishing a separate fund under subparagraph (A) shall (as a condition for receiving services and facilities described in paragraph (2)) comply with all requirements and limitations of section 5 in soliciting or expending amounts in the same manner as the President-elect or Vice-President-elect, including reporting on the transfer and expenditure of amounts described in subparagraph (B)(i) in the disclosures required by section 5. ``(4)(A) In this subsection, the term `eligible candidate' means, with respect to any presidential election (as defined in section 9002(10) of the Internal Revenue Code of 1986)-- ``(i) a candidate of a major party (as defined in section 9002(6) of such Code) for President or Vice-President of the United States; and ``(ii) any other candidate who has been determined by the Administrator to be among the principal contenders for the general election to such offices. ``(B) In making a determination under subparagraph (A)(ii), the Administrator shall-- ``(i) ensure that any candidate determined to be an eligible candidate under such subparagraph-- ``(I) meets the requirements described in Article II, Section 1, of the United States Constitution for eligibility to the office of President; ``(II) has qualified to have his or her name appear on the ballots of a sufficient number of States such that the total number of electors appointed in those States is greater than 50 percent of the total number of electors appointed in all of the States; and ``(III) has demonstrated a significant level of public support in national public opinion polls, so as to be realistically considered among the principal contenders for President or Vice-President of the United States; and ``(ii) consider whether other national organizations have recognized the candidate as being among the principal contenders for the general election to such offices, including whether the Commission on Presidential Debates has determined that the candidate is eligible to participate in the candidate debates for the general election to such offices.''. (b) Administrator Required To Provide Technology Coordination Upon Request.--Section 3(a)(10) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended to read as follows: ``(10) Notwithstanding subsection (b), consultation by the Administrator with any President-elect, Vice-President-elect, or eligible candidate (as defined in subsection (h)(4)) to develop a systems architecture plan for the computer and communications systems of the candidate to coordinate a transition to Federal systems if the candidate is elected.''. (c) Coordination With Other Transition Services.-- (1) Security clearances.--Section 7601(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 435b note) is amended-- (A) by striking paragraph (1) and inserting: ``(1) Definition.--In this section, the term `eligible candidate' has the meaning given such term by section 3(h)(4) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note).'', and (B) by striking ``major party candidate'' in paragraph (2) and inserting ``eligible candidate''. (2) Presidentially appointed positions.--Section 8403(b)(2)(B) of such Act (5 U.S.C. 1101 note) is amended to read as follows: ``(B) Other candidates.--After making transmittals under subparagraph (A), the Office of Personnel Management shall transmit such electronic record to any other candidate for President who is an eligible candidate described in section 3(h)(4)(B) of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) and may transmit such electronic record to any other candidate for President.''. (d) Conforming Amendments.--Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (1) in subsection (a)(8)(B), by striking ``President-elect'' and inserting ``President-elect or eligible candidate (as defined in subsection (h)(4)) for President''; and (2) in subsection (e), by inserting ``, or eligible candidate (as defined in subsection (h)(4)) for President or Vice- President,'' before ``may designate''. SEC. 3. AUTHORIZATION OF TRANSITION ACTIVITIES BY THE INCUMBENT ADMINISTRATION. (a) In General.--The President of the United States, or the President's delegate, may take such actions as the President determines necessary and appropriate to plan and coordinate activities by the Executive branch of the Federal Government to facilitate an efficient transfer of power to a successor President, including-- (1) the establishment and operation of a transition coordinating council comprised of-- (A) high-level officials of the Executive branch selected by the President, which may include the Chief of Staff to the President, any Cabinet officer, the Director of the Office of Management and Budget, the Administrator of the General Services Administration, the Director of the Office of Personnel Management, the Director of the Office of Government Ethics, and the Archivist of the United States, and (B) any other persons the President determines appropriate; (2) the establishment and operation of an agency transition directors council which includes career employees designated to lead transition efforts within Executive Departments or agencies; (3) the development of guidance to Executive Departments and agencies regarding briefing materials for an incoming administration, and the development of such materials; and (4) the development of computer software, publications, contingency plans, issue memoranda, memoranda of understanding, training and exercises (including crisis training and exercises), programs, lessons learned from previous transitions, and other items appropriate for improving the effectiveness and efficiency of a Presidential transition that may be disseminated to eligible candidates (as defined in section 3(h)(4) of the Presidential Transition Act of 1963, as added by section 2(a)) and to the President-elect and Vice-President-elect. Any information and other assistance to eligible candidates under this subsection shall be offered on an equal basis and without regard to political affiliation. (b) Reports.-- (1) In general.--The President of the United States, or the President's delegate, shall provide to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate reports describing the activities undertaken by the President and the Executive Departments and agencies to prepare for the transfer of power to a new President. (2) Timing.--The reports under paragraph (1) shall be provided six months and three months before the date of the general election for the Office of President of the United States. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on September 24, 2010. The summary of that version is repeated here.) Pre-Election Presidential Transition Act of 2010 - Amends the Presidential Transition Act of 1963 to direct the Administrator of the General Services Administration (GSA) to provide certain presidential transition services and facilities, including office space, equipment, and payment of certain related expenses, to eligible presidential and vice-presidential candidates before a presidential general election. Directs the President, or the President's delegate, to take necessary and appropriate actions to plan and coordinate activities by the executive branch of the federal government to facilitate an efficient transfer of power to a successor President.

A bill to amend the Presidential Transition Act of 1963 to provide that certain transition services shall be available to eligible candidates before the general election.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian Refugee Fairness Act''. SEC. 2. ADHERENCE TO INTERNATIONAL LAW REQUIREMENT OF NONREFOULEMENT. (a) Congressional Statement.--It is the sense of the Congress that Article 33 of the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951), as applied under Article I of the Protocol Relating to the Status of Refugees (done at New York, January 31, 1967), imposes an obligation upon states which are party to the Protocol that applies wherever the states act and without territorial limitation, and Congress reaffirms that this Article 33 obligation applies to actions of the United States with respect to individuals within and without the territorial boundaries of the United States. (b) Obligations Outside the United States.--The United States Government shall not return, cause to be returned, or affect the movement in any manner which results in returning, a national or habitual resident of a country, who is outside the territorial boundaries of the country of nationality or residence to the territory where the individual's life or freedom would be threatened, and no funds may be expended without respect to any such return, unless the United States Government first determines in a manner that incorporates procedural safeguards consistent with internationally endorsed standards and guidelines that such individual is not a refugee of such country under Article 1 of the Convention Relating to the Status of Refugees (done at Geneva July 28, 1951) as applied under Article I of the United Nations Protocol Relating to the Status of Refugees (done at New York, January 31, 1967) or a person designated under Article 33 of the Convention Relating to the Status of Refugees. (c) Obligations Within the Territorial Waters of Another Country.-- The United States Government shall not return, cause to be returned, or affect the movement in any manner which results in returning, a national or habitual resident of a country, who is within the territorial waters of his or her country of nationality or habitual residence, to the land frontier or territorial land of the country of nationality or residence where the individual's life or freedom would be threatened, and no funds may be expended with respect to any such return, unless the United States Government first determines in a manner that incorporates procedural safeguards consistent with internationally endorsed standards and guidelines that if that individual were outside the territory of the country of nationality or habitual residence such individual would not be a refugee of such country under Article I of the Convention Relating to the Status of Refugees (done at Geneva, July 28, 1951) as applied under Article I of the United National Protocol Relating to the Status of Refugees (done at New York), January 31, 1967) or a person designated under Article 33 of the Convention Relating to the Status of Refugees. This subsection shall not constitute authority for conducting operations by the United States Government within the territorial waters of another country. (d) Limitations.--The provisions of this section do not apply to an individual if-- (1) such individual ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group or political opinion; or (2) such individual, having been convicted by a final judgment of an aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act), constitutes a danger to the community of the United States. (e) Rule of Construction.--Nothing in this section shall be construed to impose new obligations on the Government of the United States in its treatment of nationals and habitual residents of a country at United States diplomatic and consular missions in that country. SEC. 3. TEMPORARY PROTECTED STATUS FOR HAITIANS. (a) Designation.-- (1) In general.--Haiti is hereby designated under section 244A(b) of the Immigration and Nationality Act (8 U.S.C. 1254a(b)), subject to the provisions of this section. (2) Period of designation.--Such designation shall take effect on the date of the enactment of this Act and shall remain in effect for a period of 24 months from the date of enactment of this Act or until such time as the President certifies to Congress that a democratically elected government is securely in place in Haiti, whichever occurs later. (b) Aliens Eligible.--In applying section 244A of the Immigration and Nationality Act pursuant to the designation under this section, subject to section 244A(c)(3) of such Act, an alien who is a national of Haiti meets the requirement of section 244A(c)(1) of such Act only if-- (1) the alien has been continuously physically present in the United States since November 17, 1993; (2) the alien is admissible as an immigrant, except as otherwise provided under section 244A(c)(2)(A) of such Act and is not ineligible for temporary protected status under section 244A(c)(2)(B) of such Act; and (3) the alien registers for temporary protected status in a manner which the Attorney General shall establish. (c) Registration Fee.--Subject to section 244A(c)(3) of the Immigration and Nationality Act, the Attorney General may provide for the payment of a fee as a condition of registering an alien under subsection (b) of this section. SEC. 4. REIMBURSEMENT FOR STATE AND LOCAL GOVERNMENT COSTS. Notwithstanding any other provision of law, the Attorney General shall reimburse from funds authorized under section 404(b)(1) of the Immigration and Nationality Act, State and local governments for incremental costs associated with Haitian nationals who are paroled into the United States by the Immigration and Naturalization Service under section 212(d)(5) of the Immigration and Nationality Act. SEC. 5. FUNDING FOR COMMUNITY RELATIONS SERVICE OF THE UNITED STATES DEPARTMENT OF JUSTICE AND CUBAN/HAITIAN PRIMARY SECONDARY MIGRATION PROGRAM FOR FISCAL YEARS 1994, 1995 AND 1996. (a) Community Relations Service.--Of the funds appropriated for the United States Department of Justice for fiscal years 1994, 1995, and 1996, not less than $27,000,000 shall be made available in each fiscal year to the Community Relations Service. (b) Cuban/Haitian Primary Secondary Migration Program.--Of the funds referred to in subsection (a), not less than $6,000,000 in each of fiscal years 1994, 1995, and 1996 shall be used to provide primary and secondary resettlement services for Cubans and Haitians paroled into the United States by the Immigration and Naturalization Service under section 212(d)(5) of the Immigration and Nationality Act. SEC. 6. CUBAN/HAITIAN ENTRANT EMERGENCY FUND. Section 404 of the Immigration and Nationality Act (8 U.S.C. 1101, note.) is amended by adding at the end the following new subsection: ``(c) Cuban/Haitian Entrant Emergency Fund. ``(1) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 1994 and any subsequent fiscal year to a Cuban/Haitian Entrant Emergency Fund to be established in the Treasury, an amount sufficient to provide for a balance of $5,000,000 in such fund, to be used to carry out the purposes described in paragraph (3). ``(2) Conditions for use of fund.--Funds which are authorized to be appropriated by paragraph (1) shall be available whenever-- ``(A) the number of Cubans and Haitians paroled into the United States by the Immigration and Naturalization Service under section 212(d)5 of the Immigration and Nationality Act in a single fiscal year has exceeded the estimate made by the Attorney General as required in paragraph (4), and ``(B) funds appropriated for the Cuban/Haitian Primary/Secondary Resettlement Program are inadequate to provide primary and secondary resettlement services at the fiscal year 1993 funding and service level. ``(3) ______. Funds which are authorized to be appropriated by paragraph (1) shall be available solely for the purpose of assisting with the processing, placement and reception of Cubans and Haitians paroled into the United States by the Immigration and Naturalization Service under section 212(d)(5) of the Immigration and Nationality Act. ``(4) Annual estimation of cuban and haitian parolees. ``(A) The Attorney General of the United States shall submit each year, concurrent with the President's annual budget request, an estimate of the number of Cubans and Haitians who are expected to be paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act in the next fiscal year. Such estimate shall be made independently from the budget request for any programs for Cuban and Haitian parolees. ``(B) In determining the estimate required by paragraph (4)(A), the Attorney General shall take into consideration a number of factors, including but not limited to-- ``(i) previous experience and current trends in the number of Cubans and Haitians paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act, and ``(ii) political circumstances and trends in Cuba and Haiti.''.

Haitian Refugee Fairness Act - Expresses the sense of the Congress with respect to U.S. obligations in support of the international law requirement of nonrefoulement. Prohibits the U.S. Government from returning or causing to be returned to Haiti any Haitian national (with specified exceptions for certain felons and persons who participated in persecutions) outside U.S. territorial waters, or inside territorial waters of another country, unless the Government has first determined the individual not to be a refugee. (Sec. 3) Provides: (1) temporary protected status for qualifying Haitians; and (2) reimbursement for related State and local costs. (Sec. 5) Obligates specified funds for: (1) the Community Relations Service; and (2) primary and secondary resettlement services for paroled Cubans and Haitians. (Sec. 6) Amends the Immigration and Nationality Act to authorize appropriations for a Cuban/Haitian Entrant Emergency Fund to be established in the Treasury. Requires the Attorney General to provide an annual estimation of Cuban and Haitian parolees.

Haitian Refugee Fairness Act

SECTION 1. TAX-EXEMPT FINANCING OF ENERGY TRANSPORTATION INFRASTRUCTURE NOT SUBJECT TO PRIVATE BUSINESS USE TESTS. (a) In General.--Section 141(b)(6) of the Internal Revenue Code of 1986 (defining private business use) is amended by adding at the end the following new subparagraph: ``(C) Exception for certain energy transportation infrastructure.-- ``(i) In general.--For purposes of the 1st sentence of subparagraph (A), the operation or use of any property described in clause (ii) by any person which is not a governmental unit shall not be considered a private business use. ``(ii) Property described.--For purposes of clause (i), the following property is described in this clause: ``(I) Any tangible property used to transmit electricity at 230 or more kilovolts if such property is placed in service as part of a State or multi- State effort to improve interstate electricity transmission and is physically located in not less than 2 States. ``(II) Any tangible property used to transmit electricity generated from renewable resources. ``(III) Any tangible property used as a transmission pipeline for crude oil or diesel fuel produced from coal or other synthetic petroleum products produced from coal if such property is placed in service as part of a State or multi-State effort to improve the transportation of crude oil or diesel fuel produced from coal or other synthetic petroleum products produced from coal. ``(IV) Any tangible property used as a carbon dioxide transmission pipeline if such property is placed in service as part of a State or multi- State effort to improve interstate or intrastate efforts to develop transportation infrastructure for purposes of permanently sequestering carbon dioxide.''. (b) Exception to Private Loan Financing Test.--Section 141(c)(2) of the Internal Revenue Code of 1986 (relating to exception for tax assessment, etc., loans) is amended-- (1) by striking ``or'' at the end of subparagraph (B), (2) by striking the period at the end of subparagraph (C) and inserting ``, or'', and (3) by adding at the end the following new subparagraph: ``(D) enables the borrower to finance any property described in subsection (b)(6)(C)(ii).''. (c) Reduction of State Volume Cap by Amount of Energy Transportation Infrastructure Financing.--Section 146 of the Internal Revenue Code of 1986 (relating to volume cap) is amended by adding at the end the following new subsection: ``(o) Reduction for Energy Transportation Infrastructure Financing.--The volume cap of any issuing authority for any calendar year shall be reduced by the amount of bonds issued as part of an issue by such authority to provide for property described in section 141(b)(6)(C)(ii).''. (d) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act and before December 31, 2015. SEC. 2. LIMITATION ON DISCRIMINATORY TAXATION OF CERTAIN PIPELINE PROPERTY. (a) Definitions.--For purposes of section: (1) Assessment.--The term ``assessment'' means valuation for a property tax levied by a taxing authority. (2) Assessment jurisdiction.--The term ``assessment jurisdiction'' means a geographical area used in determining the assessed value of property for ad valorem taxation. (3) Commercial and industrial property.--The term ``commercial and industrial property'' means property (excluding pipeline property, public utility property, and land used primarily for agricultural purposes or timber growth) devoted to commercial or industrial use and subject to a property tax levy. (4) Pipeline property.--The term ``pipeline property'' means all property, real, personal, and intangible, owned or used by a natural gas pipeline providing transportation or storage of natural gas, subject to the jurisdiction of the Federal Energy Regulatory Commission. (5) Public utility property.--The term ``public utility property'' means property (excluding pipeline property) that is devoted to public service and is owned or used by any entity that performs a public service and is regulated by any governmental agency. (b) Discriminatory Acts.--The acts specified in this subsection unreasonably burden and discriminate against interstate commerce. A State, subdivision of a State, authority acting for a State or subdivision of a State, or any other taxing authority (including a taxing jurisdiction and a taxing district) may not do any of the following such acts: (1) Assess pipeline property at a value that has a higher ratio to the true market value of the pipeline property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property. (2) Levy or collect a tax on an assessment that may not be made under paragraph (1). (3) Levy or collect an ad valorem property tax on pipeline property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (4) Impose any other tax that discriminates against a pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission. (c) Jurisdiction of Courts; Relief.-- (1) Grant of jurisdiction.--Notwithstanding section 1341 of title 28, United States Code, and notions of comity, and without regard to the amount in controversy or citizenship of the parties, the district courts of the United States shall have jurisdiction, concurrent with other jurisdiction of the courts of the United States, of States, and of all other taxing authorities and taxing jurisdictions, to prevent a violation of subsection (b). (2) Relief.--Except as otherwise provided in this paragraph, relief may be granted under this Act only if the ratio of assessed value to true market value of pipeline property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), each of the following shall be a violation of subsection (b) for which relief under this section may be granted: (A) An assessment of the pipeline property at a value that has a higher ratio of assessed value to the true market value of the pipeline property than the ratio of the assessed value of all other property (excluding public utility property) subject to a property tax levy in the assessment jurisdiction has to the true market value of all other property (excluding public utility property). (B) The collection of an ad valorem property tax on the pipeline property at a tax rate that exceeds the tax rate applicable to all other taxable property (excluding public utility property) in the taxing jurisdiction. SEC. 3. NATURAL GAS PIPELINE INTEGRITY REASSESSMENT INTERVALS BASED ON RISK. (a) In General.--Section 60109(c)(3)(B) of title 49, United States Code, is amended by inserting ``, until the Secretary issues regulations basing the reassessment intervals on technical data, risk factors, and engineering analysis, consistent with the recommendations of the Comptroller General of the United States in Report 06-945'' after ``subparagraph (A)''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act.

Amends the Internal Revenue Code to: (1) modify tax-exempt bond financing rules to exclude from the private business use and private loan financing tests certain property used to transmit electricity or carbon dioxide or to transport crude oil and other petroleum products; and (2) reduce the state volume cap for tax-exempt bonds by the amount of bonds issued for such property. Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits states, political subdivisions, and any other taxing authority from: (1) assessing natural gas pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on natural gas pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against a natural gas pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission. Grants jurisdiction to U.S. District Courts and provides specified relief for claims of discriminatory taxation of natural gas pipeline property. Amends federal transportation law to modify the criteria for natural gas pipeline integrity reassessments to require the Secretary of Transportation to issue regulations basing the intervals for reassessments on certain technical data, risk factors, and engineering analysis.

A bill to amend the Internal Revenue Code of 1986 to exclude certain tax-exempt financing of energy transportation infrastructure from the private business use tests, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Domestic Employment Tax Act of 1993''. SEC. 2. INCREASE IN THRESHOLD LEVEL AT WHICH CASH REMUNERATION FOR DOMESTIC SERVICES BECOMES SUBJECT TO SOCIAL SECURITY EMPLOYMENT TAXES. (a) Amounts Excluded From Wages Under the Social Security Act.-- Subparagraph (B) of section 209(a)(6) of the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended to read as follows: ``(B)(i) Cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such year by the employer to the employee for such service is less than the threshold amount determined under clause (ii) for such year. ``(ii) The threshold amount for 1993 shall be $2,000. The Secretary shall, on or after November 1 of 1993 and of every year thereafter, determine and publish in the Federal Register the threshold amount for the succeeding calendar year. Such threshold amount shall be the larger of-- ``(I) the amount in effect for the calendar year in which the determination under this clause is made, or ``(II) the product of $2,000 and the ratio of the deemed average total wages (as defined in section 209(k)(1)) for the calendar year before the year in which the determination under this clause is made to the deemed average total wages (as so defined) for 1991, with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such amount is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. ``(iii) As used in this subparagraph, the term `domestic service in a private home of the employer' does not include service described in section 210(f)(5).''. (b) Amounts Excluded From Wages Under the Internal Revenue Code of 1986.-- (1) In general.--Subparagraph (B) of section 3121(a)(7) of the Internal Revenue Code of 1986 (defining wages) is amended to read as follows: ``(B) cash remuneration paid by an employer in any calendar year to an employee for domestic service in a private home of the employer, if the cash remuneration paid in such year by the employer to the employee for such service is less than the threshold amount determined under section 209(a)(6)(B)(ii) of the Social Security Act for such year. As used in this subparagraph, the term `domestic service in a private home of the employer' does not include service described in subsection (g)(5);''. (2) Conforming amendment.--The second sentence of section 3102(a) of such Code (relating to deduction of tax from wages) is amended-- (A) by striking ``calendar quarter'' each place it appears and inserting ``calendar year'', and (B) by striking ``$50'' and inserting ``the threshold amount determined under section 209(a)(6)(B)(ii) of the Social Security Act for such year''. (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years after 1992. SEC. 3. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. (a) In General.--Chapter 25 of the Internal Revenue Code of 1986 (relating to general provisions relating to employment taxes) is amended by adding at the end the following new section: ``SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC SERVICE EMPLOYMENT TAXES WITH COLLECTION OF INCOME TAXES. ``(a) General Rule.--Except as otherwise provided in this section-- ``(1) returns with respect to domestic service employment taxes shall be made on a calendar year basis, ``(2) any such return for any calendar year shall be filed on or before the due date (including extensions) of the income tax return for the employer's taxable year which begins in such calendar year, and ``(3) no requirement to make deposits (or to pay installments under section 6157) shall apply with respect to such taxes. ``(b) Domestic Service Employment Taxes Subject to Estimated Tax Provisions.-- ``(1) In general.--Solely for purposes of section 6654, domestic service employment taxes imposed with respect to any calendar year shall be treated as a tax imposed by chapter 2 for the taxable year of the employer which begins in such calendar year. ``(2) Annualization.--Under regulations prescribed by the Secretary, appropriate adjustments shall be made in the application of section 6654(d)(2) in respect of the amount treated as tax under paragraph (1). ``(3) Transitional rule.--For purposes of applying section 6654 to a taxable year beginning in 1993, the amount referred to in clause (ii) of section 6654(d)(1)(B) shall be increased by 90 percent of the amount treated as tax under paragraph (1) for such taxable year. ``(c) Domestic Service Employment Taxes.--For purposes of this section, the term `domestic service employment taxes' means-- ``(1) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and ``(2) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection, the term `domestic service in a private home of the employer' does not include service described in section 3121(g)(5). ``(d) Exception Where Employer Liable for Other Employment Taxes.-- To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration paid in such year for services other than domestic service in a private home of the employer. ``(e) Authority To Enter Into Agreements To Collect State Unemployment Taxes.-- ``(1) In general.--The Secretary is hereby authorized to enter into an agreement with any State to collect, as the agent of such State, such State's unemployment taxes imposed on remuneration paid for domestic service in a private home of the employer. Any taxes to be collected by the Secretary pursuant to such an agreement shall be treated as domestic service employment taxes for purposes of this section. ``(2) Transfers to state account.--Any amount collected under an agreement referred to in paragraph (1) shall be transferred by the Secretary to the account of the State in the Unemployment Trust Fund. ``(3) Subtitle f made applicable.--For purposes of subtitle F, any amount required to be collected under an agreement under paragraph (1) shall be treated as a tax imposed by chapter 23. ``(4) State.--For purposes of this subsection, the term `State' has the meaning given such term by section 3306(j)(1).'' (b) Clerical Amendment.--The table of sections for chapter 25 is amended by adding at the end thereof the following: ``Sec. 3510. Coordination of collection of domestic service employment taxes with collection of income taxes.'' (c) Effective Date.--The amendments made by this section shall apply to remuneration paid in calendar years after 1992.

Social Security Domestic Employment Tax Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to raise the threshold amount at which cash remuneration for domestic services becomes subject to social security employment taxes. Provides for annual: (1) adjustments in such threshold amount; and (2) payment of domestic service employment taxes, with certain exceptions. Grants the Secretary of the Treasury authority to enter into agreements to collect State unemployment taxes on such remuneration.

Social Security Domestic Employment Tax Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Electric Infrastructure Protection Act of 2009''. SEC. 2. FINDINGS. Congress finds that-- (1) the critical electric infrastructure of the United States and Canada has more than $1,000,000,000,000 in asset value, more than 200,000 miles of transmission lines, and more than 800,000 megawatts of generating capability, serving over 300,000,000 people; (2) the effective functioning of electric infrastructure is highly dependent on computer-based control systems that are used to monitor and manage sensitive processes and physical functions; (3)(A) control systems are becoming increasingly connected to open networks, such as corporate intranets and the Internet; and (B) according to the United States Computer Emergency Readiness Team of the Department of Homeland Security, the transition towards widely used technologies and open connectivity exposes control systems to the ever-present cyber risks that exist in the information technology world in addition to control system specific risks; (4) malicious actors pose a significant risk to the electric infrastructure; (5) the Federal Bureau of Investigation has identified multiple sources of threats to the critical electric infrastructure, including foreign nation states, domestic criminals and hackers, and disgruntled employees; (6) foreign electric infrastructure has been repeatedly subject to cyber attack; (7) the Commission to Assess the Threat to the United States from Electromagnetic Pulse Attack reported in 2008 that an electromagnetic pulse attack could cause significant damage or disruption to critical electric infrastructure and other critical infrastructure, due to the widespread use of supervisory control and data acquisition systems; (8) the Control Systems Security Program of the Department of Homeland Security is designed to increase the reliability, security, and resilience of control systems by-- (A) developing voluntary cyber risk reduction products; (B) supporting the Industrial Control Systems Computer Emergency Response Team of the Department of Homeland Security in developing vulnerability mitigation recommendations and strategies; and (C) coordinating and leveraging activities for improving the critical infrastructure security posture of the United States; (9) in the interest of national and homeland security, a statutory mechanism is necessary to protect the critical electric infrastructure against cyber security threats; and (10) on May 21, 2008, in testimony before the Committee on Homeland Security of the House of Representatives, Joseph Kelliher, then-Chairman of the Federal Energy Regulatory Commission, stated that the Commission is in need of additional legal authorities to adequately protect the electric power system against cyber attack. SEC. 3. INVESTIGATION OF CYBER COMPROMISE OF CRITICAL ELECTRIC INFRASTRUCTURE. (a) In General.--Pursuant to section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121), the Secretary of Homeland Security, working with other national security and intelligence agencies, shall conduct an investigation to determine if the security of Federally owned programmable electronic devices and communication networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure have been compromised. (b) Focus.--The investigation under this section shall focus on-- (1) the extent of compromise; (2) the identification of attackers; (3) the method of penetration; (4) the ramifications of the compromise on future operations of critical electric infrastructure; (5) the secondary ramifications of the compromise on other critical infrastructure sectors and the functioning of civil society; (6) the ramifications of the compromise on national security, including war fighting capability; and (7) recommended mitigation activities. (c) Report.--The Secretary of Homeland Security shall submit to the appropriate committees of Congress (including the Committee on Homeland Security of the House of Representatives and the Homeland Security and Governmental Affairs Committee of the Senate) a report on findings of the investigation, including (at the option of the Secretary) a classified annex. SEC. 4. CRITICAL INFRASTRUCTURE. Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following: ``SEC. 224. CRITICAL INFRASTRUCTURE. ``(a) Definitions.--In this section: ``(1) Critical electric infrastructure.--The term `critical electric infrastructure' means systems and assets, whether physical or cyber, used for the generation, transmission, distribution, or metering of electric energy in interstate commerce that are so vital to the United States that the incapacity or destruction of the systems and assets, either alone or in combination with the failure of other assets, would have a debilitating impact on the security of the United States, national or regional economic security, or national or regional public health or safety. ``(2) Critical electric infrastructure information.--The term `critical electric infrastructure information' means critical infrastructure information related to critical electric infrastructure. ``(3) Critical infrastructure information.--The term `critical infrastructure information' has the same meaning given the term in section 212 of the Critical Infrastructure Information Act of 2002 (6 U.S.C. 131). ``(4) Cyber threat.--The term `cyber threat' means any act that disrupts, attempts to disrupt, or poses a significant risk of disruption to the operation of programmable electronic devices and communication networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure. ``(5) Cyber vulnerability.--The term `cyber vulnerability' means any weakness that, if exploited, poses a significant risk of disruption to the operation of programmable electronic devices and communication networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure. ``(b) Assessment, Report, and Determination of Vulnerability or Threat to Critical Electric Infrastructure.-- ``(1) In general.--Pursuant to section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121), the Secretary of Homeland Security shall-- ``(A) assess cyber vulnerabilities and cyber threats to critical infrastructure, including critical electric infrastructure and advanced metering infrastructure, on an ongoing basis; and ``(B) produce reports, including recommendations, on a periodic basis. ``(2) Elements of reports.--The Secretary shall-- ``(A) include in the reports under this section findings regarding cyber vulnerabilities and cyber threats to critical electric infrastructure; and ``(B) provide recommendations regarding actions that may be performed by the Federal Government or the private sector to enhance individualized and collective domestic preparedness and response to the cyber vulnerability or cyber threat. ``(3) Submission of report.--The Secretary of Homeland Security shall submit to the Commission and the appropriate committees of Congress (including the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate) reports prepared in response to the cyber vulnerability or cyber threat that describe the determinations of the Secretary, including (at the option of the Secretary) a classified annex. ``(4) Timely determination.-- ``(A) In general.--In carrying out the assessment required under paragraph (1), if the Secretary of Homeland Security determines that a significant cyber vulnerability or cyber threat to critical electric infrastructure has been identified, the Secretary shall communicate the determination to the Commission in a timely manner. ``(B) Information.--The Secretary of Homeland Security may incorporate intelligence or information received from other national security or intelligence agencies in making the determination. ``(c) Commission Authority.-- ``(1) Issuance of rules or orders.--Following receipt of a finding under subsection (b), the Commission shall promulgate or issue (and from time to time amend) such rules or orders as are necessary to protect critical electric infrastructure against cyber vulnerabilities or cyber threats. ``(2) Emergency procedures.--The Commission may issue, in consultation with the Secretary of Homeland Security, a rule or order under this section without prior notice or hearing if the Commission determines the rule or order must be issued immediately to protect critical electric infrastructure from an imminent threat or vulnerability. ``(d) Duration of Emergency Rules or Orders.--Any rule or order promulgated or issued by the Commission without prior notice or hearing under subsection (c)(2) shall remain effective for a period of not more than 90 days unless, during the 90-day period, the Commission-- ``(1) gives interested persons an opportunity to submit written data, views, or arguments (with or without opportunity for oral presentation); and ``(2) affirms, amends, or repeals the rule or order. ``(e) Jurisdiction.-- ``(1) In general.--Notwithstanding section 201, this section shall apply to any entity that owns, controls, or operates critical electric infrastructure. ``(2) Covered entities.-- ``(A) In general.--An entity described in paragraph (1) shall be subject to the jurisdiction of the Commission for purposes of-- ``(i) carrying out this section; and ``(ii) applying the enforcement authorities of this Act with respect to this section. ``(B) Jurisdiction.--This subsection shall not make an electric utility or any other entity subject to the jurisdiction of the Commission for any other purposes. ``(f) Protection of Critical Electric Infrastructure Information.-- Section 214 of the Homeland Security Act of 2002 (6 U.S.C. 133) shall apply to critical electric infrastructure information submitted to the Commission under this section to the same extent as that section applies to critical infrastructure information voluntarily submitted to the Department of Homeland Security under that Act (6 U.S.C. 101 et seq.). ``(g) Protection Against Known Cyber Vulnerabilities or Cyber Threats to Critical Electric Infrastructure.-- ``(1) Interim measures.-- ``(A) In general.--After notice and opportunity for comment, the Commission shall establish, in consultation with the Secretary of Homeland Security, by rule or order, not later than 120 days after the date of enactment of this Act, such mandatory interim measures as are necessary to protect against known cyber vulnerabilities or cyber threats to the reliable operation of the critical electric infrastructure of the United States. ``(B) Administration.--The interim reliability measures-- ``(i) shall serve to supplement, replace, or modify cybersecurity reliability standards that, as of the date of enactment of this section, were in effect pursuant to this Act, but that are determined by the Commission, in consultation with the Secretary of Homeland Security and other national security agencies, to be inadequate to address known cyber vulnerabilities or cyber threats; and ``(ii) may be replaced by new cybersecurity reliability standards that are developed and approved pursuant to this Act following the date of enactment of this section. ``(2) Plans.--The rule or order issued under this subsection may require any owner, user, or operator of critical electric infrastructure in the United States-- ``(A) to develop a plan to address cyber vulnerabilities or cyber threats identified by the Commission; and ``(B) to submit the plan to the Commission for approval.''.

Critical Electric Infrastructure Protection Act of 2009 - Directs the Secretary of Homeland Security, working with other national security and intelligence agencies, to conduct an investigation to determine if the security of federally owned programmable electronic devices and communication networks (including hardware, software, and data) essential to the operation of critical electric infrastructure have been compromised. Amends the Federal Power Act to direct the Secretary to make ongoing assessments and provide periodic reports with respect to cyber vulnerabilities and cyber threats to critical infrastructure, including critical electric infrastructure and advanced metering infrastructure. Directs the Federal Energy Regulatory Commission (FERC) to establish mandatory interim measures to protect against known cyber vulnerabilities or threats to the operation of the critical electric infrastructure in the United States.

A bill to amend the Federal Power Act to provide additional legal authorities to adequately protect the critical electric infrastructure against cyber attack, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Loan Fairness Consolidation Act of 2003''. SEC. 2. AUTHORITY TO REFINANCE EXISTING CONSOLIDATION LOANS. (a) FFEL Consolidation Loans.--Section 428C(a)(3)(B) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(a)(3)(B)) is amended by adding at the end the following new clause: ``(ii) Notwithstanding clause (i) of this subparagraph, a borrower of a consolidation loan on which the interest is established at a fixed rate under section 427A, 428C(c), or 455 may obtain a subsequent consolidation loan for the purposes of refinancing such earlier consolidation loan at a variable rate of interest under section 427A(m) or 455(b)(8), except that the authority to refinance a consolidation loan under this clause shall not apply to a consolidation loan that was used exclusively to repay loans made under section 428B or Federal Direct PLUS Loans (or both such loans).''. (b) Parallel Terms for Federal Direct Consolidation Loans.--Section 455(a) of the Higher Education Act of 1965 (20 U.S.C. 1087e(a)) is amended-- (1) in paragraph (1), by inserting ``428C,'' after ``428B,''; and (2) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: ``(C) section 428C shall be known as `Federal Direct Consolidation Loans'.''. SEC. 3. AVAILABILITY OF VARIABLE INTEREST RATE CONSOLIDATION LOANS. (a) FFEL Consolidation Loans.--Section 427A of the Higher Education Act of 1965 (20 U.S.C. 1077a) is amended-- (1) by redesignating subsection (m) and (n) as subsections (n) and (o), respectively; and (2) by inserting after subsection (l) the following: ``(m) Variable Interest Rate Consolidation Loans.-- ``(1) Variable rate.--Notwithstanding subsections (h), (k), and (l), with respect to any loan made pursuant to section 428C for which the first disbursement is made on or after the date of enactment of the Student Loan Fairness Consolidation Act of 2003, the applicable rate of interest shall, during any 12- month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(B) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(2) Recovery of excess interest.--If, with respect to a consolidation loan on which the applicable interest rate is determined under this subsection, the applicable interest rate for any 3-month period exceeds the special allowance rate applicable to such loan under section 438(b)(2)(I) for such period, then an adjustment shall be made-- ``(A) by calculating the excess interest in the amount computed under paragraph (3) of this subsection; and ``(B) by crediting the excess interest to the Government. ``(3) Amount of adjustment.--The amount of any adjustment of interest on a loan to be made under this subsection for any quarter shall be equal to-- ``(A) the applicable interest rate minus the special allowance rate determined under section 438(a)(2)(I); multiplied by ``(B) the average daily principal balance of the loan (not including unearned interest added to principal) during such calendar quarter; divided by ``(C) four. ``(4) Inapplicability to consolidation loans used to repay plus loans.--The provisions of paragraph (1) of this subsection shall not apply to a consolidation loan that was used exclusively to repay loans made under section 428B or Federal Direct PLUS Loans (or both such loans).''. (b) Federal Direct Consolidation Loans.--Section 455(b) of the Higher Education Act of 1965 (20 U.S.C. 1087e(b)) is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and (2) by inserting after paragraph (7) the following: ``(8) Variable interest rate consolidation loans.-- ``(A) Variable rate.--Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct Consolidation Loan for which the first disbursement is made on or after the date of enactment of the Student Loan Fairness Consolidation Act of 2003, the applicable rate of interest shall, during any 12- month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(ii) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(B) Inapplicability to consolidation loans used to repay plus loans.--The provisions of this subsection shall not apply to a consolidation loan that was used exclusively to repay loans made under section 428B or Federal Direct PLUS Loans (or both such loans).''. (c) Conforming Amendment.--Section 438(b)(2)(I) is amended by striking ``section 427A(k)(4) or (l)(3)'' each place it appears in clauses (iv) and (vi) and inserting ``section 427A(k)(4), (l)(3), or (m)''.

Student Loan Fairness Consolidation Act of 2003 - Amends the Higher Education Act of 1965 to revise student aid requirements for Federal consolidation loans under the Federal Family Education Loan program, and establish parallel requirements under a Federal Direct Consolidation Loan program, to: (1) allow borrowers to refinance existing consolidation loans; and (2) make available variable interest rate consolidation loans. Excludes consolidation loans for repaying Federal PLUS loans (taken out by parents of students) from such provisions for refinancing and variable interest rates.

To amend the Higher Education Act of 1965 to improve the opportunity for Federal student loan borrowers to consolidate their loans at reasonable interest rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse-Managed Health Clinic Investment Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Nurse-managed health clinics (referred to in this section as ``NMHCs'') offer their patients primary care based on the nursing model, which emphasizes the protection, promotion, and optimization of health along with the prevention of illness, and the alleviation of suffering in conjunction with diagnosis and treatment. Nurses are advocates and educators providing care for individuals, families, communities, and populations. (2) More than 200 NMHCs are currently in operation across the United States. These clinics record over 2,000,000 client encounters annually. (3) NMHCs meet the Institute of Medicine's definition of safety-net provider by providing care regardless of their patient's ability to pay. A substantial share of their patient mix is made up of uninsured individuals, Medicaid recipients, and other vulnerable populations. A recent study funded by the Centers for Medicare & Medicaid Services reported that more than 45 percent of the payor mix for NMHCs is uninsured, and 37 percent are Medicaid recipients. (4) NMHCs provide a medical home for the underserved, and are viable partners with the Federal Government to reduce health disparities. They provide a full range of health care services, including primary care, health promotion, disease prevention, and behavioral health care to the residents of rural and urban underserved communities. Because NMHCs are often located in public housing developments, senior living arrangements, schools, and community centers, they help remove barriers preventing access to care and are instrumental in addressing and eliminating the factors contributing to health disparities. (5) Nurse-managed clinics are playing an ever-increasing role in the Nation's health care safety-net, and are currently being under-utilized and under-funded by both Federal and State governments. (6) Lack of adequate funding has caused 39 percent of the NMHCs established between 1993 and 2001 to close. These clinics are frequently the only source of health care for their patients. These closures have had a negative impact on the ability of the underserved to access primary care. (7) The goal of this Act is to provide NMHCs with access to a stable source of funding that will enable them to continue expanding primary care services in underserved communities, while reducing the level of health disparities suffered by vulnerable populations. (b) Purpose.--It is the purpose of this Act to fund the development and operation of nurse-managed health clinics to-- (1) provide comprehensive and accessible primary health care services to vulnerable populations living in underserved communities around the Nation; and (2) reduce the level of health disparities experienced by vulnerable populations. SEC. 3. NURSE-MANAGED HEALTH CLINICS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART S--NURSE-MANAGED HEALTH CLINIC PROGRAM ``SEC. 399JJ. GRANTS TO NURSE-MANAGED HEALTH CLINICS. ``(a) Definition; Establishment of Criteria.--In this section: ``(1) Comprehensive primary health care services.--The term `comprehensive primary health care services' means health care related to adult, family, and pediatric health consisting of adult health, pediatrics, obstetrics, or gynecology services that are furnished by nurse practitioners, physician assistants, physicians, nurse midwives, and other qualified health care professionals. In addition to primary care services, specific services may include-- ``(A) preventive health services; ``(B) prenatal and perinatal services; ``(C) appropriate cancer screening; ``(D) well-child services; ``(E) immunizations against vaccine-preventable diseases; ``(F) screenings for elevated blood lead levels; ``(G) screening for communicable diseases; ``(H) cholesterol screenings; ``(I) pediatric eye and ear screenings to determine the need for vision and hearing correction; ``(J) emergency medical services; ``(K) diagnostic laboratory and radiologic services; ``(L) care navigation services; ``(M) pharmaceutical services as may be appropriate for each clinic; and ``(N) voluntary family planning. ``(2) Health promotion and disease prevention services.-- The term `health promotion and disease prevention services' means the full continuum of educational services as well as physical and mental assessment services designed to enable patients to take control over and improve their health through the prevention of disease as well as the reduction of existing symptoms. ``(3) Medically underserved populations.--The term `medically underserved population' has the meaning given such term in section 330(b)(3). ``(4) Nurse-managed health clinic.--The term `nurse-managed health clinic' means a nurse-practice arrangement, managed by advanced practice nurses, that provides primary care for underserved or vulnerable populations and is associated with a school, college, or department of nursing, federally qualified health center, or an independent nonprofit health or social services agency. ``(5) Vulnerable population.--The term `vulnerable population' means a population that lacks access to adequate primary care or suffers from increased health disparities due to factors such as health, age, race, ethnicity, sex, insurance status, income level, or ability to communicate effectively. ``(b) Authority To Award Grants.--The Secretary shall award grants for the cost of the operation of nurse-managed health clinics that meet the requirements of this section. ``(c) Applications.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be a nurse-managed health clinic (as defined in subsection (a)(4)); and ``(2) submit to the Secretary an application at such time, in such manner, and containing an assurance that-- ``(A) the nurse-managed health clinic will continue providing comprehensive primary care services (as defined in subsection (a)(1)) for the duration of the grant period; and ``(B) the nurse-managed health clinic will establish, within 90 days of receiving a grant under this section, a community advisory committee composed of individuals, a majority of whom are being served by the clinic, the purpose of which is to provide input into the nurse-managed health clinic decisionmaking process. ``(d) Waiver of Requirements.--The Secretary may, upon a showing of good cause, waive the requirement that the nurse-managed health clinic provide all required comprehensive primary health services for a period of not to exceed 2 years. ``(e) Use of Funds.-- ``(1) In general.--Funds awarded under a grant under this section may be used for the provision of primary care services and additional health services, for the management of nurse- managed health clinic programs, for the payment of salaries for nurse-managed health clinic personnel, and for providing training for the provision of required health services. Funds may also be used for acquiring, and the leasing of, buildings and equipment (including the cost of amortizing the principle of, and paying interest on, loans for such buildings and equipment). ``(2) Amount.--The amount of any grant made in any fiscal year to a nurse-managed health clinic shall be determined by the Secretary, taking into account-- ``(A) the financial need of the nurse-managed health clinic; ``(B) State, local, and other operational funding provided to the nurse-managed health clinic; and ``(C) other factors as determined appropriate by the Secretary. ``(f) Technical Assistance.--The Secretary shall establish a program through which the Secretary shall provide (either through the Department of Health and Human Services or by grant or contract) technical and other assistance to nurse-managed health clinics to assist such clinics in meeting the requirements of this section. Services provided under this section may include necessary technical and nonfinancial assistance, including fiscal and program management assistance, training in fiscal and program management, operational and administrative support, and the provision of information to nurse- managed health clinics regarding the various resources available under this section and how those resources can best be used to meet the health needs of the communities served by nurse-managed health clinics. ``(g) Evaluation.--The Secretary shall develop and implement a plan for evaluating nurse-managed health clinics funded under this section. Such evaluations shall monitor and track the performance of the grantee as well as the quality of the services that are provided under the grant. ``(h) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated $50,000,000 for the fiscal year 2008, and such sums as may be necessary for each of the fiscal years 2009 through 2012.''.

Nurse-Managed Health Clinic Investment Act of 2007 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to award grants for the cost of operating nurse-managed health clinics that provide primary care for underserved or vulnerable populations and are associated with a school, college, or nursing department, federally qualified health center, or independent nonprofit health or social services agency. Requires a grant application to contain assurances that a clinic will: (1) provide all required comprehensive primary health services for a period of not to exceed two years (subject to a waiver); and (2) establish a community advisory committee to provide input into the clinic's decisionmaking process. Permits grant funds to be used for primary care and additional health services for the management of clinic programs, salaries, training, and the acquisition and leasing of buildings and equipment. Requires the amount of any grant to be determined by the Secretary considering the financial need of, and state, local, and other operational funding provided to, the clinic. Directs the Secretary to: (1) establish a program through which the Secretary shall provide clinics technical and other assistance in meeting requirements of this Act; and (2) develop and implement a plan for evaluating clinics funded.

A bill to amend the Public Health Service Act to establish the Nurse-Managed Health Clinic Investment program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``USA Jobs Protection Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The H-1B and L-1 visa programs were established to enable United States employers to hire workers with the necessary skills and allow the intracompany transfer of certain workers in the employ of companies with operations outside of the United States. (2) Employers have used the H-1B and L-1 visa programs to fill hundreds of thousands of positions in United States firms. (3) According to a General Accounting Office report, 60 percent of the positions being filled by workers provided under the H-1B visa program are related to information technology. (4) The median annual salaries for information technology employment was $45,000 in 1999. (5) In 2001, Congress specifically banned the displacement of United States employees by H-1B visa holders and mandated that employers pay H-1B workers prevailing United States wages. (6) United States unemployment in information technology specialties has increased over the last 2 years making it more difficult for employers to certify that they are unable to find American information technology employees to fill vacancies as required to gain approval of H-1B visa applications. (7) United States consular officers in foreign countries in the past have expressed concerns that the L-1 visa program was being exploited beyond the original purpose of the program by allowing employers to bring in workers who subsequently are employed by other companies. (8) It has been reported that the former Immigration and Naturalization Service was reviewing the L-1 visa program to assess whether companies were using the L-1 visa to circumvent restrictions associated with the H-1B visa program. (9) The Department of Labor has had very limited authority to enforce the program requirements of the H-1B visa program and no legal authority to police the L-1 visa program. (10) Historical weaknesses in the administration of the H- 1B program by the former Immigration and Naturalization Service caused unnecessary delays in processing employer requests and also made the H-1B program vulnerable to abuse. (b) Purpose.--The purpose of this Act is to ensure that the H-1B and L-1 visa programs are utilized for the purposes for which they were intended and not to displace American workers with lower cost foreign visa holders, by closing the loopholes in the programs and strengthening enforcement and penalties for violations of laws. SEC. 3. L-1 NONIMMIGRANT VISAS. (a) Wage Requirements; Limitation on Placement of Intracompany Transferees; Displacement of Workers.--Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end the following: ``(F) No alien may be admitted or provided status as a nonimmigrant described in section 101(a)(15)(L) unless the importing employer has filed with the Secretary of Labor an application stating the following: ``(i) The employer will not place the nonimmigrant with another employer where-- ``(I) the nonimmigrant performs duties in whole or in part at 1 or more worksites owned, operated, or controlled by such other employer; and ``(II) there are indicia of an employment relationship between the nonimmigrant and such other employer. ``(ii) The employer shall make available for public examination, not later than 1 working day after the date on which an application under this subparagraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and such accompanying documents as are necessary). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subparagraph. The Secretary shall make such list available for public examination in Washington, D.C. The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary of Labor finds that an application is incomplete or obviously inaccurate, the Secretary of Labor shall certify to the Secretary of Homeland Security, not later than 7 days after the date of the filing of the application, that the requirements of this subclause have been satisfied. The application form shall include a clear statement explaining the liability under this clause if an employer places a nonimmigrant with another employer in violation of clause (i). ``(iii) The employer is offering and will offer during the period of authorized employment to aliens admitted or provided status as a nonimmigrant described in section 101(a)(15)(L) wages that are at least-- ``(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or ``(II) the prevailing wage level for the occupational classification in the area of employment; whichever is greater, based on the information available at the time of filing the application. ``(iv) The employer did not displace and will not displace a United States worker employed by the employer within the period beginning 180 days before and ending 180 days after the date of filing of any visa petition supported by the application. ``(v) The provisions of section 212(n)(2) shall apply to a failure to meet a condition of clauses (i), (iii), and (iv) and subparagraph (G) in the same manner as such provisions apply to a failure to meet a condition of section 212(n)(1)(F).''. (b) Appropriate Agencies References.--Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended by inserting after ``Department of Agriculture.'' the following: ``For purposes of this subsection with respect to nonimmigrants described in section 101(a)(15)(L), the term `appropriate agencies of Government' means the Department of Labor.''. (c) Restriction of Blanket Petitions.--Section 214(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking ``In the case of'' and all that follows through the period and inserting the following: ``Not later than January 15 of each year, the Secretary of Homeland Security shall consult with the Secretary of Labor to ensure that procedures utilized in that calendar year to process blanket petitions shall not undermine efforts by the Department of Labor to enforce the provisions of this subsection and shall consider any recommendations that the Secretary of Labor proposes to such procedures to enhance compliance with the provisions of this subsection.''. (d) Action on Petitions.--Section 214(c)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(C)) is amended by inserting before the period the following: ``, unless the Secretary of Homeland Security, after consultation with the Secretary of Labor, determines that an additional period of time beyond 30 days is necessary to ensure the proper implementation of this subsection''. (e) Employment History.--Section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) is amended by striking ``one year'' and inserting ``2 of the last 3 years''. (f) Period of Admission.--Section 214(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)(D)) is amended-- (1) in clause (i), by striking ``7 years'' and inserting ``5 years''; and (2) in clause (ii), by striking ``5 years'' and inserting ``3 years''. (g) Recruitment; Administrative Fee; Definitions.--Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by subsection (a), is further amended by adding at the end the following: ``(G) In the case of a petition to import aliens as nonimmigrants in a capacity that involves specialized knowledge as described in section 101(a)(15)(L), the employer, prior to filing the petition, shall file with the Secretary of Labor an application stating that the employer has taken good faith steps to recruit, in the United States using procedures that meet industry-wide standards, United States workers for the job for which the nonimmigrants are sought. ``(H) The Secretary of Labor shall impose a fee on an employer filing a petition to import aliens as nonimmigrants described in section 101(a)(15)(L) to cover the administrative costs of processing the petition. ``(I) The Secretary of Labor may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(L) if the Secretary of Labor has reasonable cause to believe that the employer is not in compliance with this subsection. The investigation may be initiated not solely for completeness and obvious inaccuracies by the employer in complying with this subsection. ``(J) In this paragraph: ``(i) In the case of an application with respect to 1 or more nonimmigrants described in section 101(a)(15)(L) by an employer, the employer is considered to `displace' a United States worker from a job if the employer lays off the worker from a job that is essentially the equivalent of the job for which the nonimmigrant is sought. A job shall not be considered to be essentially equivalent of another job unless it involves essentially the same responsibilities, was held by a United States worker with substantially equivalent qualifications and experience, and is located in the same area of employment as the other job. ``(ii)(I) The term `lays off', with respect to a worker-- ``(aa) means to cause the worker's loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract; but ``(bb) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. ``(II) Nothing in this clause is intended to limit an employee's rights under a collective bargaining agreement or other employment contract. ``(iii) The term `United States worker' means an employee who-- ``(I) is a citizen or national of the United States; or ``(II) is an alien who is lawfully admitted for permanent residence or is an immigrant otherwise authorized by this Act or by the Secretary of Homeland Security to be employed.''. (h) Technical and Conforming Amendment.--Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is amended by striking ``Attorney General'' each place that term appears and inserting ``Secretary of Homeland Security''. SEC. 4. TEMPORARY NONIMMIGRANT WORKERS. (a) H-1B Dependent Employers.-- (1) In general.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (E)(ii), by striking ``an H-1B-dependent employer (as defined in paragraph (3))'' and inserting ``an employer that employs H-1B nonimmigrants''; and (ii) in subparagraph (F), by striking ``(regardless of whether or not such other employer is an H-1B-dependent employer)''; and (B) in paragraph (2)-- (i) in subparagraph (E), by striking ``If an H-1B-dependent employer'' and inserting ``If an employer that employs H-1B nonimmigrants''; and (ii) in subparagraph (F), by striking ``The preceding sentence shall apply to an employer regardless of whether or not the employer is an H-1B-dependent employer.''. (2) Conforming definition amendment.--Section 212(n)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(3)) is amended-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively. (b) Displacement of Workers.--Section 212(n) of the Immigration and Nationality Act (8 U.S.C. 1182(n)) is amended-- (1) in paragraph (1)(F), by striking ``90 days'' each place that term appears and inserting ``180 days''; and (2) in paragraph (2)(C)(iii), by striking ``90 days'' each place that term appears and inserting ``180 days''. (c) Enforcement Action.--Section 212(n)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)) is amended by adding at the end the following: ``(I) The Secretary of Labor may initiate an investigation of any employer that hires nonimmigrants described in section 101(a)(15)(H)(i)(b) if the Secretary of Labor has reasonable cause to believe that the employer is not in compliance with this subsection. The investigation may be initiated not solely for completeness and obvious inaccuracies by the employer in complying with this subsection.''. (d) Administrative Fee.--Section 214(c)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(A)) is amended by striking ``before October 1, 2003''. SEC. 5. COMPTROLLER GENERAL INVESTIGATION. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall undertake an investigation to determine-- (1) how the amendments made by this Act are being implemented; (2) the impact that the amendments made by this Act have had on employers and workers in the United States; and (3) whether additional changes to existing law are necessary-- (A) to prevent American workers from being displaced by nonimmigrants described in subparagraphs (L) and (H)(i)(b) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); or (B) to meet the legitimate needs of United States employers.

USA Jobs Protection Act of 2003 - Amends the Immigration and Nationality Act to revise L-1 nonimmigrant visa provisions (intracompany transfers). Prohibits the admission of an L-1 worker unless the employer files an application with the Secretary of Labor stating that the employer will: (1) not place the worker with another employer; (2) make the L-1 application available for public examination and compilation by the Secretary; (3) provide wage comparability; and (4) not displace U.S. workers during the period of 180 days before and after the L-1 hiring. Requires an employer, prior to petitioning for admission of a specialized knowledge L-1 worker, to file an application with the Secretary stating that good faith steps have been taken to recruit U.S. workers for the job for which the L-1 worker is sought. Directs the Secretary of Homeland Security to consult annually with the Secretary respecting the use and effect of blanket L-1 petitions. Increases the L-1 prior employment abroad requirement. Reduces the period of L-1 admission. Establishes an L-1 employer petition fee. Authorizes the Secretary of Labor to initiate an L-1 employer investigation. Revises H-1B nonimmigrant visa provisions (temporary workers) to: (1) subject all H-1B employers (currently H-1B dependent employers) to such provisions; (2) lengthen U.S. worker displacement protection; and (3) authorize the Secretary of Labor to initiate an H-1B employer investigation. Directs the General Accounting Office to investigate the implementation and impact of amendments made by this Act.

To amend the Immigration and Nationality Act with respect to the H-1B and L-1 visa programs to prevent unintended United States job losses, to increase the monitoring and enforcement authority of the Secretary of Labor over such programs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Microfinance and Microenterprise Enhancement Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A growing body of research shows that, where markets are inclusive and income gaps are relatively small, growth translates into poverty reduction much more quickly, efficiently, and sustainably. (2) Microenterprises, including smallholder and pastoral farms, are important actors in most developing economies and contribute significantly to employment generation, food security, and family financial stability. (3) Microfinance institutions and providers have played an increasingly important role in enabling micro-entrepreneurs to graduate from extreme poverty to sustainable living patterns through financial services such as micro-credit, savings, and micro-insurance, as well as skills development, business mentoring, value-chain linkages, and facilitation of producer groups. (4) Congress has demonstrated its support for microenterprise development assistance programs through the enactment of three comprehensive microenterprise laws. Support for microenterprise and microfinance remains a key tenet of foreign assistance programs under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), including pursuant to the following Acts: (A) The Microenterprise for Self-Reliance Act of 2000 (title I of Public Law 106-309; 114 Stat. 1079). (B) Public Law 108-31 (117 Stat. 775). (C) The Microenterprise Results and Accountability Act of 2004 (Public Law 108-484; 118 Stat. 3922). (5) Microcredit alone is insufficient to sustainably reduce poverty and facilitate inclusive economic growth. In addition to access to credit, poor households need savings tools to build assets, mitigate risks, increase social capital, enhance skills, and integrate into competitive, growing value-chains, as well as to access good-quality health and education services. (6) Over the last three decades, the United States Agency for International Development has made microenterprise development an important feature of its programming and has continually sought to enhance the positive impact of investments on poor households. In fiscal year 2010, the United States Agency for International Development provided not less than $262,000,000 in funding for microenterprise development in at least 64 countries through at least 145 diverse implementing partners, including private voluntary organizations, nongovernmental organizations, banks and enterprise development service providers, benefitting over 1,600,000 microentrepreneurs and 1,900,000 savers. (7) New approaches are essential to keep pace with global technology, not only to alleviate poverty, but also to sustainably reduce poverty by linking poor households to economic opportunities so that they can contribute to and benefit from economic growth in their countries. (8) Public funding for microfinance and microenterprise should be available to benefit the poor in all countries, and, in particular, among countries with a high concentration of the very poor. SEC. 3. SENSE OF CONGRESS ON TARGETED AND EFFECTIVE PROGRAMMING. It is the sense of Congress that the United States Agency for International Development should continue and expand programming in microfinance that adheres to the following principles and basic considerations: (1) The United States Agency for International Development should advance access to economic opportunities for very poor and vulnerable populations, including orphans and vulnerable children, single mothers, those affected by HIV/AIDS, those affected by regional conflict, and the food insecure to ensure that the poorest are included and benefit from broad-based economic growth. (2) To the greatest extent possible, the United States Agency for International Development should set clear country or regional funding targets based on greatest need, as evidenced by poverty indicators and should strive to fill a gap in unmet demand by the very poor for financial services. (3) The United States Agency for International Development should place special emphasis on aiding poor women, who constitute a substantial portion of microentrepreneurs and who face a wide range of disadvantages, as a means of promoting financial self-reliance, empowering gender equality, including land rights and access, and bringing a host of development benefits to families through improved nutrition, health, and education. (4) The United States Agency for International Development should ensure that providers of financial services benefitting from United States Agency for International Development assistance adhere to client protection principles, such as the Client Protection Principles of the ``Smart Campaign'', and take concrete steps to protect clients from potentially harmful financial products and to support equitable and fair treatment, including-- (A) avoidance of over-indebtedness; (B) transparent and responsible pricing; (C) appropriate collection practices; (D) mechanisms for redress of grievances; and (E) privacy of client data. (5) The United States Agency for International Development should encourage providers of financial services benefitting from assistance programs to provide cost-effective services and make steady progress toward full financial sustainability as a means to achieve large-scale impact and institutional viability, while also maintaining focus on their target population of poor micro-entrepreneurs and smallholder farmers. (6) The United States Agency for International Development should strive to increase access to financial services to poor and very poor, rural, and other underserved populations by supporting a diverse range of financial intermediaries, including nongovernmental organizations and private and state- owned banks; postal and savings banks and savings and credit cooperatives; voluntary savings associations; member-owned community organizations; and other non-bank intermediaries, such as mobile network operators, finance, and insurance companies. (7) The United States Agency for International Development should promote and make use of existing technologies that show promise for lowering costs, managing risks, and rapidly scaling up access to financial products and services, including mobile phones, smart phones, tablets, point-of-sale devices linked to smart cards, automatic teller machines (ATMs), geographic information system (GIS) mapping, and cloud computing, among other information and communication technologies (ICT). (8) The United States Agency for International Development should make efforts to identify and support smaller, community- led partner organizations, including local collectives and consortia. SEC. 4. SENSE OF CONGRESS ON EXPANDED INTEGRATED APPROACHES. It is the sense of Congress that the next generation of programming in microfinance and microenterprise development should advance holistic, integrated strategies that focus on the myriad financial and non-financial needs, including nutrition, health, and education, of households, as well as the functioning of enterprises, markets, and their inter-relationships in the economy. SEC. 5. HOUSEHOLD-BASED APPROACHES. (a) Responsive Financial Services.--The Administrator of the United States Agency for International Development shall promote responsive financial services to meet the diverse needs of poor households for cash flow management and asset accumulation by supporting the development of savings, remittances, and money transfer services. (b) Consumption Smoothing, Risk Aggregation, and Mitigation.--The Administrator of the United States Agency for International Development shall promote tools that aggregate risks, mitigate shocks, and smooth consumption, such as insurance and savings deposit services, so that the poor can better manage, cope with, and recover from expected and unexpected income fluctuations and crises like family emergencies and crop failures. (c) Partners.--The Administrator of the United States Agency for International Development shall identify and support partners that support informal savings-led and asset building approaches to microfinance, including organizations that work to provide linkages between savings-led groups to institutions in the formal financial sector. (d) Social Protection Programs.--Because some people are too poor or otherwise unable to make use of microfinance or microenterprise development services without special assistance to prepare them for participation, the Administrator of the United States Agency for International Development should identify and support organizations that link social protection programs, including food assistance, cash or asset transfers, life and livelihood skills development, and health and nutrition education, with microfinance services, savings services, and business development services. Such linkages should attempt to enable poor people to stabilize food consumption, survive extreme poverty, develop sustainable livelihoods, and take advantage of economic opportunities. SEC. 6. ENTERPRISE AND MARKET-BASED APPROACHES. (a) Interventions.--The Administrator of the United States Agency for International Development shall align household-level interventions for the poor with interventions that catalyze more inclusive markets and link the poor to expanding economic opportunities. (b) Development of Financial Products.--The Administrator of the United States Agency for International Development shall support the development of a range of financial products adapted to the needs of enterprises, including working capital for inputs, labor, and production services; long-term asset finance; and agriculture, animal husbandry, and rural enterprise loans. Such products should be provided through a diversity of financing schemes, including financiers along the value chain such as input suppliers, traders, and processors. (c) Support for Agriculture Specific Tools.--The Administrator of the United States Agency for International Development shall support microfinance institutions and providers that are using agriculture- specific tools, including-- (1) household profiling, crop analysis, and land mapping; (2) diversification of loan portfolio to include a variety of sectors and crops; (3) linkages to extension and formal financial services; and (4) linking farmers to clients and larger supply chains. (d) Linked Approaches.--To ensure that the poor are not left out of economic growth strategies, the Administrator of the United States Agency for International Development shall focus investments on linking microenterprises into global, regional, and local value chains where they have a comparative advantage. The Agency should consider issues such as the business enabling environment, market competitiveness, inter-firm cooperation, firm-level upgrading, and the relationships between firms that create incentives or disincentives for investing in improved performance or upgrading. (e) Support for Small- and Medium-Sized Enterprises.--The Administrator of the United States Agency for International Development should consider support for small- and medium-sized enterprises as a means to improve productivity and competitiveness in key subsectors in which large numbers of poor micro-entrepreneurs participate, as well as to strengthen the channels, such as employment, by which the benefits of growth are transmitted to the poor. SEC. 7. MEASURING AND REPORTING RESULTS. (a) Modification of Poverty Assessment Tools.--The Administrator of the United States Agency for International Development shall modify the Poverty Assessment Tools (PATs) of the Agency so that partner organizations can use them for expanded data management purposes. (b) Alternatives to Poverty Assessment Tools.--Notwithstanding any other provision of law, not later than one year after the date of the enactment of this Act, the Administrator of the United States Agency for International Development shall identify and approve alternatives to the Poverty Assessment Tools, such as those commonly used within the industry and development community. SEC. 8. FINANCIAL ACCESS AND MICROENTERPRISE INNOVATION FUND. (a) Establishment.--The Administrator of the United States Agency for International Development is authorized to utilize one percent of the Agency's development assistance account budget for fiscal years 2013 through 2017 for the creation of a financial access and microenterprise innovation challenge fund. (b) Use of Fund.--The fund established under this section shall be used to-- (1) identify, test, and support cost-effective and innovative products and technologies that improve the delivery of financial services to the poor and very poor, particularly in rural locations; (2) identify, test, and support new microfinance and microenterprise products, services, and delivery systems that show potential to become cost-effective at large scale; and (3) help transition such methods and technologies to widespread adoption. (c) Grants.--The financial access and microenterprise innovation challenge fund shall make grants to organizations and companies, including those interested in eventual commercialization. Where appropriate, grants should reward or require recipients to substantially invest their own funds. The mechanisms may include challenge grants that require recipients to match grant funds with their own funds in minimum ratios and bounties for achievement of targets, such as the number of poor customers reached.

Microfinance and Microenterprise Enhancement Act of 2011 - Expresses the sense of Congress that the United States Agency for International Development (USAID) should expand specified microfinance programming. Directs USAID to: (1) modify the Poverty Assessment Tools so that partner organizations can use them for expanded data management purposes, (2) align household-level interventions with interventions that link the poor to expanding economic opportunities, (3) support the development of financial products adapted to the needs of enterprises, (4) support microfinance institutions and providers that are using agriculture-specific tools, (5) promote financial services to meet the needs of poor households for cash flow management and asset accumulation, and (6) support partners that provide informal savings-led and asset building approaches to microfinance. Urges USAID to: (1) consider support for small- and medium-sized enterprises as a means to improve productivity and competitiveness in key subsectors in which large numbers of poor micro-entrepreneurs participate; and (2) support organizations that link social protection programs with microfinance services, savings services, and business development services. Authorizes USAID to utilize 1% of its development assistance account budget for FY2013 through FY2017 for the creation of a financial access and microenterprise innovation challenge fund that shall: (1) support cost-effective and innovative products and technologies that improve the delivery of financial services to the poor, particularly in rural locations; (2) support new microfinance and microenterprise products, services, and delivery systems that show potential to become cost-effective at large scale; and (3) help transition such methods and technologies to widespread adoption.

A bill to improve microfinance and microenterprise, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``States as Energy Leaders for the Future Act'' or ``SELF Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means an entity described in section 3(b). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. CLEAN ENERGY GRANT PROGRAM. (a) In General.--There is established in the Department of Energy a program to provide grants to eligible entities, on a competitive basis, to develop and carry out clean energy and carbon reduction measures, such as-- (1) renewable electricity standards; (2) regional or statewide climate action plans; (3) the use of hybrid, electric, compressed natural gas, or fuel cell vehicles in State or local fleets; (4) measures to increase the percentage of public buildings of the eligible entity that are certified with respect to standards for energy efficiency; (5) participation in a regional greenhouse gas reduction program; (6) facilitation of on-bill financing for energy efficiency improvements for residences and business served by rural coops; (7) provision of State tax incentives for the manufacture or installation of clean energy components or energy efficiency upgrades; (8) provision of innovative financing mechanisms to private sector entities to encourage the deployment of clean energy technologies; (9) implementation of best management practices for the public utility commission of an eligible entity; (10) improvement and updating of grid technology; and (11) implementation of carbon efficiency standards. (b) Eligible Entities.--To be eligible to receive a grant under this section, a State or unit of local government, or a regional consortium comprised of States or units of local governments, in partnership with private sector and nongovernmental organization partners, shall-- (1) meet any requirements established by the Secretary under subsection (e); and (2) submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require. (c) Award.--The Secretary shall determine which eligible entities shall receive grants and the amount of the grants provided based on-- (1) the information provided in an application submitted under subsection (b)(2); and (2) any criteria for reviewing and ranking applications developed by the Secretary by regulation under subsection (e). (d) Use of Funds.--Grant funds provided under this section shall only be used for eligible uses specified by the Secretary by regulation under subsection (e). (e) Regulations.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall issue regulations that establish criteria for grants under this section, including specifying the types of measures that are eligible for grants, establishing application criteria, and developing a point system to assist the Secretary in reviewing and ranking grant applications. (2) Considerations.--In developing the regulations under paragraph (1), the Secretary shall take into account-- (A) regional disparities in the ways in which energy is produced and used; and (B) the clean energy resource potential of the measures. (f) Explanation.--As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register an explanation of the manner by which grants awarded under subsection (c) would ensure an objective evaluation based on the criteria regulations promulgated under subsection (e)(1). SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary for fiscal year 2011 to carry out this Act $5,000,000,000, to remain available until expended. SEC. 5. COST OFFSET FOR CLEAN ENERGY GRANT PROGRAM, AND DEFICIT REDUCTION, RESULTING FROM DENIAL OF DEDUCTION FOR MAJOR INTEGRATED OIL COMPANIES FOR INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL, 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) in the case of a taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)), oil related qualified production activities (within the meaning of subsection (d)(9)(B)).''. (b) Conforming Amendment.--Section 199(d)(9)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(other than a major integrated oil company (as defined in section 167(h)(5)(B))'' after ``taxpayer''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2010.

States as Energy Leaders for the Future Act or SELF Act - Establishes in the Department of Energy (DOE) a program to provide grants to eligible entities, on a competitive basis, to develop and carry out clean energy and carbon reduction measures, such as renewable electricity standards, regional or statewide climate action plans, and participation in a regional greenhouse gas reduction program. Directs the Secretary of DOE, in establishing criteria for grants, to take into account: (1) regional disparities in the ways in which energy is produced and used; and (2) the clean energy resource potential of the measures. Amends the Internal Revenue Code to exclude from the definition of "domestic production gross receipts" for purposes of the tax deduction for income attributable to domestic production, the gross receipts of a major integrated oil company which are derived from oil related qualified production activities.

A bill to establish a competitive grant program in the Department of Energy to provide grants to States and units of local government to carry out clean energy and carbon reduction measures, to close big oil company tax loopholes to pay for the competitive grant program and reduce the deficit, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Patient Access to Compounded Medications Act of 2017''. SEC. 2. OFFICE-USE COMPOUNDING WHEN AUTHORIZED BY STATE LAW. Section 503A(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a(a)) is amended-- (1) in the matter preceding paragraph (1), by inserting ``or drug order for administration to a patient in an office or clinical setting'' after ``is necessary for the identified patient''; (2) in paragraph (1), by striking ``or'' at the end; (3) in paragraph (2), by striking the period at the end and inserting ``; or''; and (4) by adding at the end the following new paragraph: ``(3) is by a licensed pharmacist or licensed physician pursuant to a valid prescription order or drug order and the compounded drug is distributed or dispensed to a licensed prescriber in accordance with State law, for administration to a patient in an office or clinical setting.''. SEC. 3. UNITED STATES PHARMACOPOEIA OR NATIONAL FORMULARY MONOGRAPH REQUIREMENT. Section 503A(b)(1)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353A(b)(1)(A)) is amended-- (1) in the matter preceding subclause (i), by inserting ``, or dietary supplements'' after ``Regulations''; and (2) in clause (i)-- (A) by amending subclause (I) to read as follows: ``(I) comply with the monograph standards in any section of the of the United States Pharmacopoeia or National Formulary, including drug substance or dietary supplement monograph, if a monograph exists.''; and (B) by amending subclause (III) to read as follows: ``(III) if such monograph does not exist and the drug substance or dietary supplement is not a component of a drug approved by the Secretary, but appears on a list developed by the Secretary through regulations issued by the Secretary under subsection (c) of this section;''. SEC. 4. DEFINITIONS. Subsection (e) of section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) is amended to read as follows: ``(e) Definitions.--In this section: ``(1) Compounding.--The term `compounding' does not include mixing, reconstituting, or other such acts that are performed in accordance with directions contained in approved labeling provided by the product's manufacturer and other manufacturer directions consistent with that labeling. ``(2) Distribute or distribution.--The terms `distribute' or `distribution' do not include the act of dispensing of a compounded drug product in accordance with this section. ``(3) Dispense.--The term `dispense' means for a drug product compounded in accordance with this section, the act of the drug product leaving the facility in which it was compounded for delivery to a patient, patient's agent, or health care facility (including a hospital, physician's office, or other health care setting) pursuant to a valid prescription order for an identified patient.''. SEC. 5. APPLICABILITY OF RECORDS EXEMPTION FOR COMPOUNDING PHARMACIES. (a) In General.--Section 704(a)(2)(A) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 374(a)(2)(A)) is amended to read as follows: ``(A) pharmacies which maintain establishments in conformance with any applicable local laws regulating the practice of pharmacy and medicine and, for compounding pharmacies, the provisions of section 503A, and which are regularly engaged in dispensing or distributing prescription drugs or devices, upon prescriptions or drug orders of practitioners licensed to administer such drugs or devices to patients under the care of such practitioners in the course of their professional practice, and which do not, either through a subsidiary or otherwise, manufacture, prepare, propagate, compound, or process drugs or devices for sale other than in the regular course of their business;''. (b) Registration Exemption.--Section 510(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(g)(1)) is amended to read as follows: ``(1) pharmacies which maintain establishments in conformance with any applicable local laws regulating the practice of pharmacy and medicine and, for compounding pharmacies, the provisions of section 503A, and which are regularly engaged in dispensing or distributing prescription drugs or devices, upon prescriptions or drug orders of practitioners licensed to administer such drugs or devices to patients under the care of such practitioners in the course of their professional practice, and which do not manufacture, prepare, propagate, compound, or process drugs or devices for sale other than in the regular course of their business;''. SEC. 6. REGULATIONS. (a) Rules Implementing New Requirements.--Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall promulgate rules on the record to carry out the amendments made by this Act, in accordance with chapter 5 of title 5, United States Code. (b) Other Rules.--The Secretary of Health and Human Services shall promulgate rules on the record to carry out any of the provisions of section 503A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353a) other than those amended by this Act, in accordance with chapter 5 of title 5, United States Code.

Preserving Patient Access to Compounded Medications Act of 2017 This bill amends the Federal Food, Drug, and Cosmetic Act to expand the circumstances under which a drug may be compounded (manufactured at small scale) to allow pharmacists and physicians to compound drugs for administration to patients in an office or clinical setting, in accordance with state law. (Drugs that are compounded do not need to meet certain federal requirements regarding manufacturing, labeling, or approval.) Dietary supplements may be used in the compounding of a drug. The bill exempts from interstate distribution limits the dispensing of a compounded drug from the facility where it is compounded to a patient or health facility. The scope of Food and Drug Administration (FDA) inspections of compounding pharmacies is limited to pertinent equipment, materials, containers, and labeling, which is the same scope as inspections of pharmacies. (Currently, the scope of inspections of compounding pharmacies is the same scope as inspections of drug manufacturers.) The bill eliminates the requirement for compounding pharmacies to register with the FDA as drug manufacturers.

Preserving Patient Access to Compounded Medications Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Liability Recovery Protection Act of 2000''. SEC. 2. PATIENT PROTECTION IN CASE OF THIRD PARTY RECOVERIES. (a) Group Health Plans.-- (1) Public health service act amendments.--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. STANDARD RELATING TO PATIENT PROTECTION IN CASE OF THIRD PARTY RECOVERIES. ``(a) Requirement.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not recover (or seek to recover) from a participant or beneficiary more than the amounts expended by the plan or issuer on behalf of the participant or beneficiary in the case of amounts recovered by such a participant or beneficiary as a result of a settlement or judgment in a liability or other action. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(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.''. (2) ERISA amendments.--(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. STANDARD RELATING TO PATIENT PROTECTION IN CASE OF THIRD PARTY RECOVERIES. ``(a) Requirement.--A group health plan, and a health insurance issuer offering group health insurance coverage, may not recover (or seek to recover) from a participant or beneficiary more than the amounts expended by the plan or issuer on behalf of the participant or beneficiary in the case of amounts recovered by such a participant or beneficiary as a result of a settlement or judgment in a liability or other action. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (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. Standard relating to patient protection in case of third party recoveries.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to patient protection in case of third party recoveries.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO PATIENT PROTECTION IN CASE OF THIRD PARTY RECOVERIES. ``A group health plan may not recover (or seek to recover) from a participant or beneficiary more than the amounts expended by the plan on behalf of the participant or beneficiary in the case of amounts recovered by such a participant or beneficiary as a result of a settlement or judgment in a liability or other action.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--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 PATIENT PROTECTION IN CASE OF THIRD PARTY RECOVERIES. ``(a) In General.--The provisions of section 2707(a) 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 714(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.''. (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, 2001. (2) Individual health insurance coverage.--The amendment made by subsection (b) applies 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 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. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.

Amends the PHSA to apply the preceding prohibition to health insurance coverage offered by an issuer in the individual market in the same manner as it is applied to group health plan coverage in the group market. Provides for coordination between the Secretaries of Labor, Treasury, and Health and Human Services with respect to administration of this Act.

Health Insurance Liability Recovery Protection Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Investment and Savings Equity Act of 1999''. SEC. 2. INDIVIDUALS MAY MAKE CONTRIBUTIONS FOR PERIODS OF MATERNITY OR PATERNITY LEAVE. (a) In General.--Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by adding at the end the following: ``(v) Right To Make Contributions With Respect to Periods of Maternity and Paternity Leave.-- ``(1) In general.--For purposes of this title-- ``(A) a trust which forms part of a plan shall not constitute a qualified trust under section 401(a), ``(B) a plan shall not be treated as described in section 403(b), ``(C) a plan shall not be treated as an eligible deferred compensation plan under section 457, and ``(D) an arrangement shall not be treated as meeting the requirements of section 408 (k) or (p), unless such plan or arrangement permits participants who were on eligible maternity or paternity leave to make additional elective deferrals under the plan or arrangement with respect to periods of such leave. ``(2) Treatment of contributions.-- ``(A) In general.--In the case of any contribution to a plan under paragraph (1) (and any employer matching contribution with respect thereto)-- ``(i) such contribution shall not, with respect to the year in which the contribution is made-- ``(I) be subject to any otherwise applicable limitation contained in section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457, or ``(II) be taken into account in applying such limitations to other contributions or benefits under such plan or any other such plan, ``(ii) such contribution shall be subject to the limitations referred to in clause (i) with respect to the year to which the contribution relates (in accordance with rules prescribed by the Secretary), and ``(iii) except as provided in subparagraph (B)(i), such plan shall not be treated as failing to meet the requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k), 408(p), 410(b), or 416 by reason of the making of (or the right to make) such contribution. ``(B) Matching contributions.--Nothing in subparagraph (A) shall require an employer to make any matching contribution with respect to any additional elective deferrals under paragraph (1), but if the employer elects to make any such matching contribution-- ``(i) the requirements of section 401(a)(4) shall be applied separately to all such matching contributions made during a year, and ``(ii) the amount of any such matching contribution may not exceed the maximum amount which could have been made under the plan had the elective deferral actually been made during the period of eligible maternity and paternity leave. ``(3) Amount and timing of elective deferrals.--A plan shall not be treated as meeting the requirements of paragraph (1) unless the plan provides the following: ``(A) Amount.--The amount of any elective deferral under paragraph (1) which any employee is permitted to make with respect to any period of eligible maternity and paternity leave shall not exceed the maximum amount of the elective deferrals that the employee would have been permitted to make during such period in accordance with the limitation referred to in paragraph (2)(A)(i) if the individual-- ``(i) had not been on eligible maternity and paternity leave during such period, and ``(ii) had received compensation in an amount determined under rules similar to the rules under subsection (u)(7). Proper adjustment shall be made to the amount determined under the preceding sentence for any elective deferrals actually made during such period. ``(B) Timing.--An employee may make an elective deferral to which paragraph (1) applies at any time during the 3-year period beginning on the date on which the eligible maternity or paternity leave ends. Any matching contribution with respect to any such elective deferral shall be made not later than the due date (including extensions) for the filing of the employer's return for the taxable year in which such elective deferral is made. ``(4) Eligible maternity and paternity leave.--For purposes of this subsection-- ``(A) In general.--The term `eligible maternity or paternity leave' means any absence of an individual from work for any period-- ``(i) by reason of the pregnancy of the individual, ``(ii) by reason of the birth of a child of the individual, ``(iii) by reason of the placement of a child with the individual in connection with the adoption of the child by the individual, or ``(iv) for purposes of caring for such child for a period beginning immediately following such birth or placement. ``(B) Limitation.--Such period may not exceed 12 months with respect to any child. ``(5) Other definitions and rules.--For purposes of this subsection-- ``(A) Elective deferral.--The term `elective deferral' has the meaning given such term by subsection (u)(2)(C). Such term shall also include any after-tax employee contributions described in subsection (u)(2)(D). ``(B) Plan.--The term `plan' includes any arrangement under section 408 (k) or (p). ``(C) Certain retroactive adjustments not required.--For purposes of this subchapter and subchapter E, the rules of subsection (u)(3) shall apply. ``(D) Loan repayment suspensions permitted.--In the case of any plan or arrangement to which paragraph (1) applies, the rules of subsection (u)(4) shall apply to any loan repayment suspension during any period of eligible maternity and paternity leave.'' (b) Effective Date.--The amendment made by this section shall apply to periods of eligible maternity and paternity leave beginning after December 31, 1999. SEC. 3. CATCHUP CONTRIBUTIONS FOR FAMILIES WITH CHILDREN NOT COVERED BY A PENSION PLAN. (a) In General.--Section 414 of the Internal Revenue Code of 1986 (relating to definitions and special rules), as amended by section 2, is amended by adding at the end the following: ``(w) Catchup Contributions for Families With Children Not Covered by a Pension Plan.-- ``(1) In general.--For purposes of this title-- ``(A) a trust which forms part of a plan shall not constitute a qualified trust under section 401(a), ``(B) a plan shall not be treated as described in section 403(b), ``(C) a plan shall not be treated as an eligible deferred compensation plan under section 457, and ``(D) an arrangement shall not be treated as meeting requirements of section 408 (k) or (p), unless such plan or arrangement permits eligible participants to make additional elective deferrals under the plan or arrangement in accordance with paragraph (2). ``(2) Catchup contributions.-- ``(A) In general.--A plan shall permit an eligible participant to make the additional elective deferrals under paragraph (1) in any year which is certified as a catchup year by the participant under subparagraph (E). ``(B) Limitation on amount of additional deferrals.--A plan shall not permit additional elective deferrals under paragraph (1) for any year in an amount greater than the lesser of-- ``(i) the amount of the elective deferrals the participant may otherwise make under the plan for such year (determined without regard to this subsection, subsection (u), or any limitation described in subparagraph (C)(i)), or ``(ii) the excess (if any) of-- ``(I) 120 percent of the dollar limitation in effect under section 402(g), 408(p), or 457(b)(2)(A), whichever is applicable, for taxable years beginning in the calendar year in which the plan year begins, over ``(II) any other elective deferrals of the participant for such year which are made without regard to this subsection. ``(C) Treatment of contributions.--In the case of any contribution to a plan under paragraph (1) (and any employer matching contribution with respect thereto)-- ``(i) such contribution shall not, with respect to the year in which the contribution is made-- ``(I) be subject to any otherwise applicable limitation contained in section 402(g), 402(h), 403(b), 404(a), 404(h), 408, 415, or 457, or ``(II) be taken into account in applying such limitations to other contributions or benefits under such plan or any other such plan, and ``(ii) except as provided in subparagraph (D)(i), such plan shall not be treated as failing to meet the requirements of section 401(a)(4), 401(a)(26), 401(k)(3), 401(k)(11), 401(k)(12), 401(m), 403(b)(12), 408(k), 408(p), 410(b), or 416 by reason of the making of (or the right to make) such contribution. ``(D) Matching contributions.--Nothing in subparagraph (A) shall require an employer to make any matching contribution with respect to any additional elective deferrals under paragraph (1) for any year, but if the employer elects to make any such matching contribution-- ``(i) the requirements of section 401(a)(4) shall be applied separately to all such matching contributions made during a year, and ``(ii) the amount of any such matching contribution may not exceed the maximum amount which could have been made under the terms of the plan in effect for elective deferrals made for such year without regard to this subsection. ``(E) Certification of catchup years.-- ``(i) In general.--A participant making additional elective deferrals under paragraph (1) for any year shall certify to the plan administrator that-- ``(I) the participant is an eligible participant, and ``(II) the year is a catchup year. ``(ii) Catchup year.--An eligible participant may certify 1 or more years as catchup years, except that the total number of years which may be certified shall not exceed the excess (if any) of-- ``(I) the number of years (not in excess of 18) described in paragraph (3) occurring before the year in question, over ``(II) the number of years previously certified by the participant under this subsection. ``(iii) Plans not responsible for certification failures.--A plan shall not be treated as failing to meet the requirements of this subsection by reason of reliance on an incorrect certification under this subparagraph unless the plan administrator knew, or reasonably should have known, that the certification was incorrect. ``(3) Eligible participant.--For purposes of this subsection, the term `eligible participant' means, with respect to any year, a participant in a plan who, for any calendar year before the calendar year in which the year begins-- ``(A) was not an active participant (within the meaning of section 219(g)(5)) for any plan year beginning in the calendar year, and ``(B) had a child or stepchild who had not attained age 18 with respect to whom a deduction was allowed under section 151 to the participant (or the participant's spouse) for a taxable year beginning in the calendar year. ``(4) Other definitions and rules.--For purposes of this subsection-- ``(A) Elective deferral.--The term `elective deferral' has the meaning given such term by subsection (u)(2)(C). Such term shall also include after-tax employee contributions described in subsection (u)(2)(D). ``(B) Plan.--The term `plan' includes any arrangement under section 408 (k) or (p). ``(C) Certain retroactive adjustments not required.--For purposes of this subchapter and subchapter E, the rules of subsection (u)(3) shall apply.'' (b) Effective Date.--The amendment made by this section shall apply to contributions in taxable years beginning after December 31, 1999.

Women's Investment and Savings Equity Act of 1999 - Amends the Internal Revenue Code to permit retirement contributions to be made for periods during which individuals were on leave for maternity or paternity leave. Permits "catchup contributions" by parents returning to work after periods of nonparticipation in a plan. Defines "catchup contributions."

Women's Investment and Savings Equity Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Relief for Gulf Coast Families and Businesses Act''. SEC. 2. TAX BENEFITS RELATED TO HURRICANE KATRINA DISASTER AREA. (a) In General.--Subchapter Y of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 1400M. TAX BENEFITS RELATED TO HURRICANE KATRINA DISASTER AREA. ``(a) Zero Percent Capital Gains Rate.-- ``(1) Exclusion.--Gross income shall not include qualified capital gain from the sale or exchange of any Katrina Zone asset held for more than 5 years. ``(2) Katrina zone.--For purposes of this subsection, the term `Katrina Zone asset' means-- ``(A) any Katrina Zone business stock, ``(B) any Katrina Zone partnership interest, and ``(C) any Katrina Zone business property. ``(3) Katrina zone business stock.--For purposes of this subsection-- ``(A) In general.--The term `Katrina Zone business stock' means any stock in a domestic corporation which is originally issued after August 28, 2005, if-- ``(i) such stock is acquired by the taxpayer, before January 1, 2007, at its original issue (directly or through an underwriter) solely in exchange for cash, ``(ii) as of the time such stock was issued, such corporation was a Katrina Zone business (or, in the case of a new corporation, such corporation was being organized for purposes of being a Katrina Zone business), and ``(iii) during substantially all of the taxpayer's holding period for such stock, such corporation qualified as a Katrina Zone business. ``(B) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. ``(4) Katrina zone partnership interest.--For purposes of this subsection, the term `Katrina Zone partnership interest' means any capital or profits interest in a domestic partnership which is originally issued after August 28, 2005, if-- ``(A) such interest is acquired by the taxpayer, before January 1, 2007, from the partnership solely in exchange for cash, ``(B) as of the time such interest was acquired, such partnership was a Katrina Zone business (or, in the case of a new partnership, such partnership was being organized for purposes of being a Katrina Zone business), and ``(C) during substantially all of the taxpayer's holding period for such interest, such partnership qualified as a Katrina Zone business. A rule similar to the rule of subparagraph (B)(ii) shall apply for purposes of this paragraph. ``(5) Katrina zone business property.--For purposes of this subsection-- ``(A) In general.--The term `Katrina Zone business property' means tangible property if-- ``(i) such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after August 28, 2005, and before January 1, 2007, ``(ii) the original use of such property in the Katrina Zone commences with the taxpayer, and ``(iii) during substantially all of the taxpayer's holding period for such property, substantially all of the use of such property was in a Katrina Zone business of the taxpayer. ``(B) Special rule for buildings which are substantially improved.-- ``(i) In general.--The requirements of clauses (i) and (ii) of subparagraph (A) shall be treated as met with respect to-- ``(I) property which is substantially improved by the taxpayer before January 1, 2007, and ``(II) any land on which such property is located. ``(ii) Substantial improvement.--For purposes of clause (i), property shall be treated as substantially improved by the taxpayer only if, during any 24-month period beginning after August 28, 2005, additions to basis with respect to such property in the hands of the taxpayer exceed the greater of-- ``(I) an amount equal to the adjusted basis of such property at the beginning of such 24-month period in the hands of the taxpayer, or ``(II) $5,000. ``(6) Katrina zone business.--For purposes of this subsection, the term `Katrina Zone business' means any corporation, partnership, or business which would be an enterprise zone business (as defined in section 1397C) if such section were applied by substituting `Katrina Zone' for `empowerment zone' each place it appears. ``(7) Special rules related to katrina zone assets.--For purposes of this subsection-- ``(A) Treatment of subsequent purchasers, etc.--For purposes of this subsection, the term `Katrina Zone asset' includes any property which would be a Katrina Zone asset but for paragraph (3)(A)(i), (4)(A), or (5)(A)(i) or (ii) in the hands of the taxpayer if such property was a Katrina Zone asset in the hands of a prior holder. ``(B) 5-year safe harbor.--If any property ceases to be a Katrina Zone asset by reason of paragraph (3)(A)(iii), (4)(C), or (5)(A)(iii) after the 5-year period beginning on the date the taxpayer acquired such property, such property shall continue to be treated as meeting the requirements of such paragraph; except that the amount of gain to which paragraph (1) applies on any sale or exchange of such property shall not exceed the amount which would be qualified capital gain had such property been sold on the date of such cessation. ``(8) Qualified capital gain.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `qualified capital gain' means any gain recognized on the sale or exchange of-- ``(i) a capital asset, or ``(ii) property used in the trade or business (as defined in section 1231(b). ``(B) Gain before hurricane or after 2011 not qualified.--The term `qualified capital gain' shall not include any gain attributable to periods before August 29, 2005, or after December 31, 2011. ``(C) Certain ordinary income gain not qualified.-- The term `qualified capital gain' shall not include any gain which would be treated as ordinary income under section 1245 or under section 1250 if section 1250 applied to all depreciation rather than the additional depreciation. ``(D) Intangibles and land not integral part of katrina zone business.--The term `qualified capital gain' shall not include any gain which is attributable to real property, or an intangible asset, which is not an integral part of a Katrina Zone business. ``(E) Related party transactions.--The term `qualified capital gain' shall not include any gain attributable, directly or indirectly, in whole or in part, to a transaction with a related person. For purposes of this subparagraph, persons are related to each other if such persons are described in section 267(b) or 707(b)(1). ``(9) Certain other rules to apply.--Rules similar to the rules of subsections (g), (h), (i)(2), and (j) of section 1202 shall apply for purposes of this subsection. ``(10) Sales and exchanges of interests in partnerships and s corporations which are katrina zone businesses.--In the case of the sale or exchange of an interest in a partnership, or of stock in an S corporation, which was a Katrina Zone business during substantially all of the period the taxpayer held such interest or stock, the amount of qualified capital gain shall be determined without regard to-- ``(A) any gain which is attributable to real property, or an intangible asset, which is not an integral part of a Katrina Zone business, and ``(B) any gain attributable to periods before August 29, 2005, or after December 31, 2011. ``(b) Estate Tax Reduction for Hurricane Katrina Victims.-- ``(1) In general.-- For purposes of this title, a Hurricane Katrina victim shall be treated as a qualified decedent within the meaning of section 2201(b). ``(2) Hurricane katrina victim.--For purposes of this section, the term `Hurricane Katrina victim' means any decedent who dies after August 28, 2005, as a result of wounds or injuries incurred in the Katrina Zone as a result of Hurricane Katrina. ``(c) Katrina Zone.--For purposes of this section, the term `Katrina Zone' means an area determined by the President to warrant individual or individual and public assistance from the Federal Government under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina.''. (b) Conforming Amendments.-- (1) The heading for subchapter Y of chapter 1 of such Code is amended to read as follows: ``Subchapter Y--Short-term Regional Benefits''. (2) The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 1400M. Tax benefits related to Hurricane Katrina disaster area.''.

Economic Relief for Gulf Coast Families and Businesses Act - Amends the Internal Revenue Code to: (1) exclude from gross income gain from the sale or exchange of Hurricane Katrina Zone assets held for more than five years; and (2) allow reduced estate tax rates for Hurricane Katrina victims. Includes as such assets: (1) Katrina Zone business stock or principal interests issued after August 28, 2005, and acquired by the taxpayer before January 1, 2007; and (2) Katrina Zone business property acquired between such dates, provided its original use in the Zone commences with the taxpayer.

To amend the Internal Revenue Code of 1986 to eliminate capital gains taxes on investments in the Hurricane Katrina disaster area to reduce the estate tax for victims of Hurricane Katrina.