FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Them Home Alive Act of 1999''. SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM. (a) Asylum for Eligible Aliens.--Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. (b) Eligibility.--Refugee status shall be granted under subsection (a) to-- (1) any alien who-- (A) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (B) personally delivers into the custody of the United States Government a living American Vietnam War POW/MIA; and (2) any parent, spouse, or child of an alien described in paragraph (1). (c) Definitions.--In this section: (1) American vietnam war pow/mia.-- (A) In general.--Except as provided in subparagraph (B), the term ``American Vietnam War POW/MIA'' means an individual-- (i) who is a member of a uniformed service (within the meaning of section 101(3) of title 37, United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Vietnam War; or (ii) who is an employee (as defined in section 5561(2) of title 5, United States Code) in a missing status (as defined in section 5561(5) of such title) as a result of the Vietnam War. (B) Exclusion.--Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37, United States Code, that such individual is officially absent from such individual's post of duty without authority. (2) Missing status.--The term ``missing status'', with respect to the Vietnam War, means the status of an individual as a result of the Vietnam War if immediately before that status began the individual-- (A) was performing service in Vietnam; or (B) was performing service in Southeast Asia in direct support of military operations in Vietnam. (3) Vietnam war.--The term ``Vietnam War'' means the conflict in Southeast Asia during the period that began on February 28, 1961, and ended on May 7, 1975. SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM. (a) Asylum for Eligible Aliens.--Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. (b) Eligibility.--Refugee status shall be granted under subsection (a) to-- (1) any alien-- (A) who is a national of North Korea, China, or any of the independent states of the former Soviet Union; and (B) who personally delivers into the custody of the United States Government a living American Korean War POW/MIA; and (2) any parent, spouse, or child of an alien described in paragraph (1). (c) Definitions.--In this section: (1) American korean war pow/mia.-- (A) In general.--Except as provided in subparagraph (B), the term ``American Korean War POW/MIA'' means an individual-- (i) who is a member of a uniformed service (within the meaning of section 101(3) of title 37, United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Korean War; or (ii) who is an employee (as defined in section 5561(2) of title 5, United States Code) in a missing status (as defined in section 5561(5) of such title) as a result of the Korean War. (B) Exclusion.--Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37, United States Code, that such individual is officially absent from such individual's post of duty without authority. (2) Korean war.--The term ``Korean War'' means the conflict on the Korean peninsula during the period that began on June 27, 1950, and ended January 31, 1955. (3) Missing status.--The term ``missing status'', with respect to the Korean War, means the status of an individual as a result of the Korean War if immediately before that status began the individual-- (A) was performing service in the Korean peninsula; or (B) was performing service in Asia in direct support of military operations in the Korean peninsula. SEC. 4. BROADCASTING INFORMATION ON THE ``BRING THEM HOME ALIVE'' PROGRAM. (a) Requirement.-- (1) In general.--The International Broadcasting Bureau shall broadcast, through WORLDNET Television and Film Service and Radio or otherwise, information that promotes the ``Bring Them Home Alive'' refugee program under this Act to foreign countries covered by paragraph (2). (2) Covered countries.--The foreign countries covered by paragraph (1) are-- (A) Vietnam, Cambodia, Laos, China, and North Korea; and (B) Russia and the other independent states of the former Soviet Union. (b) Level of Programming.--The International Broadcasting Bureau shall broadcast-- (1) at least 20 hours of the programming described in subsection (a)(1) during the 10-day period that begins on the date of enactment of this Act; and (2) at least 10 hours of the programming described in subsection (a)(1) in each calendar quarter during the period beginning with the first calendar quarter that begins after the date of enactment of this Act and ending five years after the date of enactment of this Act. (c) Availability of Information on the Internet.--International Broadcasting Bureau shall ensure that information regarding the ``Bring Them Home Alive'' refugee program under this Act is readily available on the World Wide Web sites of the Bureau. (d) Sense of Congress.--It is the sense of Congress that RFE/RL, Incorporated, Radio Free Asia, and any other recipient of Federal grants that engages in international broadcasting to the countries covered by subsection (a)(2) should broadcast information similar to the information required to be broadcast by subsection (a)(1). (e) Definition.--The term ``International Broadcasting Bureau'' means the International Broadcasting Bureau of the United States Information Agency or, on and after the effective date of title XIII of the Foreign Affairs Reform and Restructuring Act of 1998 (as contained in division G of Public Law 105-277), the International Broadcasting Bureau of the Broadcasting Board of Governors. SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED. In this Act, the term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801).

Bring Them Home Alive Act of 1999 - Directs the Attorney General to grant refugee status in the United States to any alien (and the parent, spouse, and child of such) who: (1) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (2) personally delivers into U.S. custody a living American Vietnam War POW or MIA. Requires the granting of the same status to any alien (and parent, spouse, and child) who is a national of North Korea, China, or any of the independent states of the former Soviet Union and who personally delivers a living American Korean War POW or MIA. Directs the International Broadcasting Bureau to broadcast to such foreign countries information that promotes such refugee programs. Requires: (1) a minimum level of such broadcasting; and (2) the Bureau to ensure that such information is made available on the Internet. Expresses the sense of the Congress that RFE-RL, Inc., Radio Free Asia, and any other recipient of Federal grants that broadcasts to such countries should also broadcast such information.

Bring Them Home Alive Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mercury Reclamation Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) Mercury is a naturally occurring element that is found in air, water and soil. It is a bioaccumulative toxin that is easily absorbed through skin and respiratory and gastrointestinal tissues. (2) Communities across the country have been victims of accidental and intentional releases of elemental mercury in schools and other public and private buildings, exposing citizens to harmful mercury vapors and costing millions of dollars in property damage and remediation costs. (3) Mercury deposition is a significant public health threat in many States throughout the United States. (4) According to a report by the National Academy of Sciences, over 60,000 children are born each year in the United States at risk for adverse neurodevelopmental effects due to exposure to methyl mercury in utero. (5) Current Federal hazardous waste regulations allow land disposal of certain highly contaminated mercury wastes without treatment to remove the mercury, despite Environmental Protection Agency-sponsored studies concluding that such disposal practices are not sufficiently protective of human health and the environment. (6) According to the Government Accountability Office, in 2003 over 26,000,000 pounds of mercury wastes disposed of in landfills were not required to meet treatment standards promulgated by the Environmental Protection Agency for the safe mercury disposal. (7) According to the Government Accountability Office, the Environmental Protection Agency does not know how millions of pounds of mercury wastes are treated prior to land disposal and cannot be certain that businesses are properly managing their mercury contaminated wastes. (8) The Government Accountability Office determined that many states and landfill operators are misidentifying highly contaminated mercury wastes as ``debris'', which allows these wastes to be landfilled without testing or mercury reclamation as the law envisioned. (9) Current Federal laws and regulations do not provide the information necessary for regulators or the public to accurately track mercury-containing items from generation to disposal. (10) Mercury is released to the environment when mercury- containing products are discarded in landfills and broken in the waste stream, polluting our water and threatening the health of workers and others exposed to mercury vapors from these releases. (11) While mercury-containing wastes must be properly managed and recycled whenever possible, the energy conservation benefits of using mercury-based compact fluorescent lighting are highly significant. (12) Use of fluorescent lamps creates a net environmental benefit, reducing mercury emissions by lowering energy demands on power plants burning fossil fuels to generate electricity. (13) Less than twenty-five percent of mercury-containing lamps disposed of each year are recycled, leading to the release of mercury from over one-half billion lamps broken in solid waste without any mercury recovery. (14) A study by a major retailer finds that changing 100 million light bulbs to compact fluorescent lights would: save $3 billion in energy costs, keep 45 billion pounds of greenhouse gases from reaching the atmosphere, and would eliminate the need for 1.3 coal-fired power plants. (15) The Federal government should develop specific programs to increase the collection and recycling of mercury- containing lighting devices, particularly from consumers and small businesses. By stimulating the nation's ability to collect and recycle mercury-containing lighting devices, the Federal government will achieve the dual goals of energy conservation and environmental protection. (16) Current Federal laws and regulations allow many discarded mercury items to escape regulation due to inadequate mercury testing methods and loopholes allowing significant amounts of waste to be improperly disposed of as solid waste without mercury recovery and other environmental protections. (17) Improved tracking of mercury-containing wastes is critical to ensure that mercury is reclaimed from mercury wastes whenever feasible. SEC. 3. MERCURY WASTE PACKAGING, TRACKING AND STORAGE. (a) Amendment of Solid Waste Disposal Act.--Subtitle D of the Solid Waste Disposal Act is amended by adding the following new section at the end thereof: ``SEC. 4011. MERCURY WASTE PACKAGING, TRACKING AND STORAGE. ``(a) Regulations.--The Administrator, in cooperation with the Secretary of Transportation, shall review the storage, transportation, tracking and packaging requirements of their respective departments and agencies as they pertain to mercury-bearing solid waste, as defined in section 1004(27) of this Act, including those wastes which qualify as hazardous wastes under this Act, and shall promulgate, within 18-month of enactment of the Mercury Reclamation Act of 2006, regulations to protect public health and the environment governing the tracking, storage, packaging, record keeping, and reporting on the shipments of mercury-bearing waste. Such regulations shall address any deficiencies in the current regulations of the Administrator and of the Secretary of Transportation governing the transportation, storage, and packaging of mercury-bearing wastes and intact, defective or broken mercury- containing products. ``(b) Tracking.--The regulations under this section shall ensure the ability of regulators and the public to track the generation, treatment, and disposal of mercury wastes and require accountability for both waste generators and treatment, storage, and disposal facilities to properly identify and document mercury wastes and comply with the proper treatment and disposal requirements for such wastes. ``(1) The regulations promulgated under this paragraph shall include, but not be limited to, promulgation of regulations necessary to ensure the ability of regulators and the public to track the generation, treatment and disposal of devices which contain mercury integral to their function and ensure that such devices are properly treated prior to disposal. ``(2) In the case of mercury-bearing waste subject to section 3004(m), tracking requirements shall include a statement of whether the shipment is intended to be treated to reclaim the mercury, and a statement of justification in the event the mercury contained in the waste is not being reclaimed. ``(3) Tracking standards established pursuant to this section for widely generated wastes, as determined by the Administrator, shall be implemented in a manner that improves the ability of regulators and the public to track the generation, treatment and disposal of such wastes while avoiding placing undue burdens on the collection and transportation of such wastes that would discourage the proper collection and treatment of such wastes. ``(c) Packaging Standards.--Based upon the review of the current packaging standards for mercury-bearing waste shipments of the Department of Transportation and the Environmental Protection Agency, the Administrator shall promulgate such additional standards as may be necessary to protect public health and the environment. Such regulations shall be structured so as to prevent the release of mercury and mercury vapor during the transportation and storage of mercury bearing wastes ``(d) Households.--The tracking and packaging standards under this section shall not apply to wastes generated by households, as defined by the Administrator under this Act, until such wastes are received by a treatment, storage or disposal facility. ``(e) Enforcement.--The provisions of subsections (a), (b), and (c) of section 3008 shall apply to violations of subsection (a) of this section in the same manner and to the same extent as such provisions apply to violations of subtitle C.''. (b) Table of Contents.--The table of contents for such subtitle D is amended by adding the following new item at the end thereof: ``Sec. 4012. Mercury waste packaging, tracking and storage.''. SEC. 4. DEVICES CONTAINING MERCURY. (a) In General.--The Solid Waste Disposal Act (42 U.S.C. 6941 and following) is amended by adding the following new section at the end of subtitle D: ``SEC. 4012. MERCURY DEVICE RECYCLING. ``(a) In General.--Effective 60 days following enactment of this section, each person who generates any solid waste which consists of a device that contains mercury integral to its function, including but not limited to mercury added lighting, shall ``(1) take such steps as may be necessary to insure that such solid waste is treated as necessary to reclaim the mercury, or ``(2) transfer such solid waste to another person who has accepted responsibility for such reclamation. The Administrator shall promulgate such regulations as may be necessary to carry out this subsection. ``(b) Household and Small Generator Exemption.-- ``(1) The requirements of subsection (a) shall not apply to any of the following categories of solid waste: ``(A) Solid waste from households, as defined by the Administrator under this Act. ``(B) Solid waste generated by a person who generates during a calendar month not more than 15 items to which subsection (a) would otherwise apply so long as the mercury contained in the items generated in a calendar month does not exceed one half ounce of mercury. ``(2) The Administrator shall develop a voluntary compliance program to maximize the collection of mercury containing items that qualify for the exemption under paragraph (1) of this subsection, particularly those programs involving the take back of spent mercury lamps at the point-of-sale. ``(3) Nothing in this subsection shall affect the authority of any State or local government to provide for the reclamation of solid waste containing mercury. ``(c) State Programs.--Any State may notify the Administrator that the State has adopted a program providing for the reclamation of mercury from solid waste referred to in subsection (a). Upon receipt and acceptance of such notification, compliance with the requirements of the State program, as long as it remains in full force and effect, shall constitute compliance with the requirement of subsection (a). ``(d) Enforcement.--The provisions of subsections (a), (b), and (c) of section 3008 shall apply to violations of subsection (a) of this section in the same manner and to the same extent as such provisions apply to violations of subtitle C.''. (b) Clerical Amendment.--The table of contents for such subtitle D is amended by adding the following new item at the end thereof: ``Sec. 4012. Mercury device recycling.''. (c) Reevaluation of Small Generator Exemption.--Consistent with section 3001(d)(4) of the Solid Waste Disposal Act regarding small quantity generators, the Administrator of the Environmental Protection Agency shall assess and re-evaluate whether the current 100 kg/month exemption for small quantity generators generally, is protective of public health and the environment as it pertains to generators of mercury-containing wastes. SEC. 5. REQUIRING MERCURY RECLAMATION FROM HAZARDOUS MERCURY WASTES. Section 3004(m) of the Solid Waste Disposal Act (42 U.S.C. 6924(m)) is amended by adding at the end the following new paragraph: ``(3) Effective 30 days after the date of enactment of this paragraph, the treatment standards applicable to all hazardous waste containing mercury in concentrations equal to or exceeding 260 mg/kg shall require the recovery of mercury from such waste prior to land disposal using a technology approved by the Administrator for such wastes under regulations issued pursuant to this subtitle. The Administrator may, consistent with the protection of human health and the environment-- ``(A) limit the organic content of such waste that may be subjected to mercury recovery technologies; ``(B) limit the use of mercury recovery technologies for radioactive wastes; ``(C) issue, by regulation, variances and exceptions to the required use of mercury recovery technologies, based on feasibility of mercury recovery; and ``(D) revise such treatment standards to incorporate the capabilities of the most advanced available mercury recovery technologies.''. SEC. 6. FUNDING FOR MERCURY PROGRAMS. Section 2007 of the Solid Waste Disposal Act (42 U.S.C. 6941 and following) is amended by adding the following new subsection at the end thereof: ``(g) Funding for Mercury Programs.--There is authorized to be appropriated to the Administrator to award contracts, grants and other funding assistance needed to perform the following tasks (including coordination with the mercury product manufacturing industry, the mercury recycling industry, non-profit organizations, and the States) not more than $50,000,000 for each fiscal year after the enactment of the Mercury Reclamation Act of 2006: ``(1) Preparing an inventory of the legitimate uses of mercury in commercial, industrial, consumer, and medical applications, and the uses of mercury exported from the United States. ``(2) Promoting the recovery of mercury from waste materials. ``(3) Enforcement of Federal regulations for the management of mercury wastes under section 4012 and making grants to States for carrying out State regulatory programs under section 4012. ``(4) Promoting the establishment of mercury lamp take back programs at the point-of-sale to assist consumers and small businesses in the reclamation of spent mercury lamps and devices.''. SEC. 7. ANNUAL REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall transmit to the Congress a report on the progress made under this Act. Such report shall include at minimum each of the following: (1) A progress summary of any regulatory actions taken in response to the review under section 4011(a) of the Solid Waste Disposal Act. (2) A progress summary of mercury device recycling efforts relating to this Act, including a quantitative analysis of the amount of mercury recycled. (3) A description of grants and amounts awarded under section 2007(g) of the Solid Waste Disposal Act and of the criteria used for awarding those grants. (4) A detailed financial reporting of total administration costs of carrying out this Act. (5) A joint summary, by the Administrator and appropriate State officials, that describes the coordination and communication progress and problems between the Federal and State Governments in carrying out this Act. (6) Recommendations for greater efficiency or improvement of administration of this Act.

Mercury Reclamation Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA), in cooperation with the Secretary of Transportation, to: (1) review storage, transportation, tracking and packaging requirements as they pertain to mercury-bearing solid waste; and (2) promulgate regulations governing the tracking, storage, packaging, record keeping, and reporting on the shipments of mercury-bearing waste. Requires such regulations to ensure the ability to track the generation, treatment, and disposal of mercury wastes and require accountability for waste generators and treatment, storage, and disposal facilities to identify and document wastes and comply with treatment and disposal requirements. Requires the Administrator to promulgate packaging standards to prevent the release of mercury and mercury vapor during the transportation and storage of mercury-bearing wastes. Exempts from the standards wastes generated by households, until such wastes are received by a treatment, storage, or disposal facility. Provides for enforcement through compliance orders. Requires, with certain exemptions, that each person who generates any solid waste which consists of a device that contains mercury integral to its function: (1) take steps to insure that such waste is treated to reclaim the mercury; or (2) transfer such waste to another person who has accepted responsibility for such reclamation. Requires the Administrator to develop a voluntary compliance program to maximize the collection of mercury-containing exempted items. Requires the Administrator to re-evaluate the 100 kg/month exemption from hazardous waste standards for small quantity generators. Requires the treatment standards applicable to all hazardous waste containing mercury in concentrations of 260 mg/kg or more to require the recovery of mercury from such waste prior to land disposal using a technology approved by the Administrator. Authorizes the Administrator to: (1) limit the organic content of such waste that may be subjected to mercury recovery technologies; (2) limit the use of such technologies for radioactive wastes; (3) issue variances and exceptions to the required use of such technologies, based on feasibility of mercury recovery; and (4) revise such treatment standards to incorporate the capabilities of the most advanced available mercury recovery technologies. Authorizes appropriations for mercury programs.

To provide for the protection of public health and the environment from mercury contamination associated with the shipment of elemental mercury or with mercury-bearing solid waste, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Privacy Advocate General Act of 2013''. SEC. 2. OFFICE OF THE PRIVACY ADVOCATE GENERAL. (a) Establishment.--The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at the end the following new title: ``TITLE IX--PRIVACY ADVOCATE GENERAL ``SEC. 901. PRIVACY ADVOCATE GENERAL. ``(a) Office of the Privacy Advocate General.--There is established an independent office in the Executive branch to be known as the Office of the Privacy Advocate General. ``(b) Privacy Advocate General.-- ``(1) Appointment.--There is a Privacy Advocate General, who shall be the head of the Office of the Privacy Advocate General, who shall be appointed jointly by the Chief Justice of the United States and the most senior associate justice of the Supreme Court appointed by a President that at the time of appointment was a member of a political party other than the political party of the President that appointed the Chief Justice. ``(2) Term.--The Privacy Advocate General shall serve a term of 7 years and may be reappointed in accordance with paragraph (1). ``(c) Duties.--Notwithstanding any other provision of this Act, the Privacy Advocate General-- ``(1) shall serve as the opposing counsel with respect to any application by the Federal Government for an order or directive under this Act and any review of a certification or targeting procedures under this Act, including in any proceedings before a court or review of an application, certification, or targeting procedures under this Act that would otherwise be conducted ex parte; ``(2) shall, in carrying out paragraph (1), oppose any Federal Government request for an order or directive under this Act and any certification or targeting procedures under this Act and argue the merits of the opposition before the court concerned, including any arguments relating to the constitutionality of a provision of law under which the Federal Government is seeking an order or directive; and ``(3) may request the court established under subsection (a) or (b) of section 103 to make publicly available an order, decision, or opinion of such court. ``(d) Appeals.--The Privacy Advocate General may-- ``(1) appeal a decision of the court established under subsection (a) of section 103 to the court established under subsection (b) of such section; and ``(2) petition the Supreme Court for a writ of certiorari for review of a decision of the court established under section 103(b). ``(e) Staff.--The Privacy Advocate General shall appoint such staff of the Office of the Privacy Advocate General as the Privacy Advocate General considers necessary to carry out the duties of the Privacy Advocate General. ``(f) Security Clearance.--The President shall ensure that the Privacy Advocate General and the staff of the Office of the Privacy Advocate General appointed under subsection (b) possess appropriate security clearances to carry out the duties of the Privacy Advocate General under this section.''. (b) Table of Contents Amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 note) is amended by adding at the end the following new items: ``TITLE IX--PRIVACY ADVOCATE GENERAL ``Sec. 901. Privacy Advocate General.''. (c) Conforming Amendment.--Section 103(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended-- (1) by striking ``review the denial'' and inserting ``review the approval or denial''; (2) by striking ``properly denied'' and inserting ``properly approved or denied, as the case may be''; and (3) by striking ``petition of the United States'' and inserting ``petition''. SEC. 3. AUTHORITY DURING APPEALS PROCESS. (a) Electronic Surveillance.--Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended by adding at the end the following new subsection: ``(i)(1) In any case where a judge denies an application under this section and the Government expresses an intent to appeal that denial, the judge may temporarily authorize the emergency employment of electronic surveillance pending such appeal if the judge finds-- ``(A) there is a reasonable argument that the electronic surveillance is permissible; and ``(B) there are exceptional circumstances and compelling evidence showing that immediate electronic surveillance is necessary to accomplish the purpose of the electronic surveillance. ``(2) In any case where a judge authorizes the emergency employment of electronic surveillance pending appeal under paragraph (1) and the application by the Government is denied on appeal, any information gathered or derived from such electronic surveillance shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person.''. (b) Physical Search.--Section 304 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1824) is amended by adding at the end the following new subsection: ``(f)(1) In any case where a judge denies an application under this section and the Government expresses an intent to appeal that denial, the judge may temporarily authorize the emergency employment of physical search pending such appeal if the judge finds-- ``(A) there is a reasonable argument that the physical search is permissible; and ``(B) there are exceptional circumstances and compelling evidence showing that an immediate physical search is necessary to accomplish the purpose of the physical search. ``(2) In any case where a judge authorizes the emergency employment of a physical search pending appeal under paragraph (1) and the application by the Government is denied on appeal, any information gathered or derived from such physical search shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person.''. (c) Pen Register and Trap and Trace.--Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended by adding at the end the following new subsection: ``(d)(1) In any case where a judge denies an application under this section and the Government expresses an intent to appeal that denial, the judge may temporarily authorize installation and use of a pen register or trap and trace device on an emergency basis pending such appeal if the judge finds-- ``(A) there is a reasonable argument that the installation and use of a pen register or trap and trace device is permissible; and ``(B) there are exceptional circumstances and compelling evidence showing that immediate installation and use of a pen register or trap and trace device is necessary to accomplish the purpose of the installation and use of such pen register or trap and trace device. ``(2) In any case where a judge authorizes the installation and use of a pen register or trap and trace device on an emergency basis pending appeal under paragraph (1) and the application by the Government is denied on appeal, any information gathered or derived from such installation and use of a pen register or trap and trace device shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such installation and use of a pen register or trap and trace device shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person.''.

Privacy Advocate General Act of 2013 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish as an independent office in the executive branch the Office of the Privacy Advocate General, to be headed by the Privacy Advocate General who shall be appointed jointly by the Chief Justice of the United States and the senior Associate Justice for a seven-year term. Requires the Privacy Advocate General to: (1) serve as the opposing counsel with respect to any application by the federal government for an order or directive and any review of a certification or targeting procedures under FISA; and (2) oppose any federal government request for an order or directive under FISA and any certification or targeting procedures and argue the merits of the opposition before the FISA court, including any arguments relating to constitutionality. Authorizes the Privacy Advocate General to: (1) request that the FISA court make publicly available an order, decision, or opinion of the court; and (2) file appeals and petition the Supreme Court for a writ of certiorari. Authorizes a FISA judge, after denying an application by the federal government to permit electronic surveillance, physical searches, and the installation and use of a pen register and trace device, to issue a temporary order allowing such surveillance, searches, and installation pending an appeal by the government, if the judge finds: (1) there is a reasonable argument that such surveillance, search, or installation is permissible; and (2) there are exceptional circumstances and compelling evidence showing that immediate electronic surveillance, physical searches, and installation of pen register and trace devices are necessary to accomplish the government's purpose. Requires the destruction of any information gathered or derived from such electronic surveillance, searches, and installation of pen register and trace devices if the government's application is denied on appeal.

Privacy Advocate General Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Baby Act of 1999''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph) who becomes eligible for old-age insurance benefits after 1978 and before 1989, the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979 or 1980....................... 60 percent 1981 or 1982....................... 35 percent 1983 or 1984....................... 30 percent 1985 or 1986....................... 25 percent 1987 or 1988....................... 10 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) Applicability of Amendments.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (2) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before January 2000. (b) Recomputation To Reflect Benefit Increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for December 1999, if such benefits are based on a primary insurance amount computed-- (1) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (2) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act.

Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 60 percent to ten percent keyed to a specified two year period during which an individual became eligible for such benefits between 1979 and the end of 1988.

Notch Baby Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Ambulance Services Clarification Act''. SEC. 2. CLARIFICATION OF STATE AUTHORITY OVER THE MEDICAL STANDARDS OF AIR AMBULANCE SERVICES. (a) In General.--Chapter 401 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 40131. CLARIFICATION OF STATE AUTHORITY OVER AIR AMBULANCE MEDICAL STANDARDS AND MEDICAL CARE RELATED LICENSING REQUIREMENTS. ``(a) Rule of Construction.--With respect to an air ambulance and the medical services provided within an air ambulance, the term `law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier', as used in section 41713, may not be construed to include any medical care related license and certification requirements based on medical standards effectuated pursuant to a State's authority over the licensure and regulation of health care within its borders. ``(b) Definitions.--In this section: ``(1) Air ambulance.--The term `air ambulance' means a fixed wing aircraft or a helicopter used for the provision of care and patient transport. ``(2) Air ambulance medical personnel.--The term `air ambulance medical personnel' means the doctors, nurses, paramedics, emergency medical technicians, physician assistants, respiratory therapists, or other medical specialists providing air ambulance services aboard an air ambulance. ``(3) Air ambulance operator.--The term `air ambulance operator' means a commercial holder of a part 121 or part 135 certificate that has received, from the Federal Aviation Administration-- ``(A) an operations specification A021 (Air Ambulance Operations--Helicopter); or ``(B) an operations specification A024 (Air Ambulance Operations--Airplane). ``(4) Air ambulance provider.--The term `air ambulance provider' means a program or agency licensed by the State to provide air ambulance medical services. ``(5) Air ambulance services.--The term `air ambulance services' means the medical care and patient transport provided aboard an air ambulance. ``(6) Federal operating requirements.--The term `Federal operating requirements' means-- ``(A) the requirements under part A of subtitle VII of title 49, United States Code; ``(B) Federal aviation regulations set forth in title 14, Code of Federal Regulations; and ``(C) the operation specifications and notices to airmen issued by the Federal Aviation Administration. ``(7) Medical care related license or certification.--The term `medical care related license or certification' means the permission granted by a State to air ambulance medical personnel, air ambulance providers, or a specific air ambulance for providing medical care and transport that-- ``(A) is based solely on, and restricted to, the State's authority to set standards for providing health care within its borders; and ``(B) is not construed to reference any Federal Operating Requirements. ``(8) Medically-related dispatch.--The term `medically- related dispatch'-- ``(A) means a medically-related request for an air ambulance to provide medical care and transport to a patient; and ``(B) does not refer to the flight dispatch or operational control of an aircraft. ``(9) Referring entities.--The term `referring entity' means any entity that makes a request for medically-related dispatch of an air ambulance or provides a referral for a provider of air ambulance services, such as a medical institution, an agency providing emergency medical services, or a first responder. ``(10) Routine.--The term `routine' means medical care and transport that is provided more than 25 times per year in the applicable State. ``(11) Scene.--The term `scene' means the location at which the patient's injury or illness, or other event resulting in the need for emergency medical care and transport for the patient occurred. ``(c) Medical and Related Medical Care Standards To Ensure the Consistent Quality of Air Ambulance Services.--This section shall apply to medical and related medical care standards that-- ``(1) are required by a State as a condition of providing-- ``(A) a license or certification to an air ambulance, air ambulance providers, and air ambulance medical personnel based in such State; or ``(B) routine medical care and transport to patients in such State; and ``(2) address-- ``(A) the quality of emergency medical care provided to patients; ``(B) the qualifications and training of air ambulance medical personnel, scope of practice, credentialing, and ongoing clinical experience in critical care settings; ``(C) the medical direction and clinical oversight of patient care including qualifications and credentialing of physicians providing medical direction or clinical oversight; ``(D) the maintenance of medical records and data collection and reporting; ``(E) health outcome and proficiency measures; ``(F) participation in patient safety and quality control initiatives, such as peer review, utilization review, and error reporting; ``(G) medically-related accreditation; ``(H) medical equipment, devices, and supplies on board the air ambulance including the design, capacity, and performance of such equipment; ``(I) sanitation, infection control, decontamination of the air ambulance bay, infectious hazards, and medical universal precautions; ``(J) the design and configuration of the air ambulance medical compartment for the provision of quality medical care that allows adequate access to the patient for the purposes of resuscitation and emergency procedures consistent with the medical mission, medical equipment, and medical supplies by the medical personnel during flight without becoming unsecured; ``(K) medically-related air ambulance features and capability specifications necessary and appropriate for the provision of quality medical care related to-- ``(i) permanently installed medically- related climate control system requirements capable of meeting specified temperature settings; ``(ii) the use of materials in the air ambulance that are appropriate for a proper patient care environment; ``(iii) providing medically appropriate care and transport to patients, including special populations, such as neonatal or pediatric patients; ``(iv) ensuring sufficient electrical supply to adequately power required medical equipment without reliance on medical equipment batteries and without compromising the ambulance power to lift or fly; ``(L) patient safety standards related to-- ``(i) loading or unloading patients; and ``(ii) refueling with a patient on board; ``(M) communication capabilities-- ``(i) between air ambulance medical personnel and public safety, emergency medical service agencies and hospitals; and ``(ii) that allow for functional internal communication within the air ambulance for medical purposes; and ``(N) coordination and oversight over a State`s emergency medical system and the air ambulance provider's participation in such system, such as standards that-- ``(i) designate levels of medical capability, medical appropriateness, and medical staffing of air ambulances, such as medical staffing configurations for particular medical missions or the different medical- related licenses or certifications required for air ambulances and air ambulance medical personnel that provide advanced life support, critical care, or specialty care; ``(ii) establish medically-related dispatch and destination protocols for patients with emergency medical conditions being transported that coordinate requests for air ambulance service response based on the medical appropriateness of the air ambulance to meet the patient's need for medical care and transport to the appropriate medical institution consistent with patient condition, such as protocols for determining the appropriate-- ``(I) mode of transport (ground versus air) in accordance with available evidence-based triage criteria; ``(II) available air ambulance to transport a patient in accordance with its capability to meet the patient's medical need; and ``(III) medical institution to receive the patient, such as trauma, burn, chest pain, or stroke center; ``(iii) require the air ambulance provider to identify its primary service area and its service availability and any updates or changes to such area or availability for the purpose of coordination of ambulance response; ``(iv) require an air ambulance operator agency to identify the medical institutions the air ambulance can reach from its base location within a specified period of time without refueling; ``(v) require the air ambulance operators to provide, for the purpose of coordination of patient care and medical decision making, reasonably accurate estimated times of arrival with due consideration of safety measures, current location, and status of available air ambulances to referring entities; and ``(vi) prohibit practices which may impede the proper functioning of such system, such as-- ``(I) referring entities serially contacting air ambulance providers until an air ambulance provider agrees to medically-related dispatch (also known as helicopter shopping); ``(II) indicating false or inaccurate ambulance availability or estimated times of arrival to a referring entity; ``(III) exclusive agreements between hospitals and air ambulance providers or between air ambulance providers and referring entities; ``(IV) proffers of gifts by air ambulance providers to referring entities other than solely for medical education purposes; or ``(V) representations by air ambulance providers to referring entities that the air ambulance and the air ambulance medical personnel can provide a level of care beyond its scope of medical capability. ``(d) Limitations.--A medical or related medical care standard is not within the scope set forth in subsection (c) if such standard has the effect of-- ``(1) superseding, or being inconsistent with, any Federal operating requirement with respect to aviation safety; ``(2) denying licensure to an air ambulance, air ambulance medical personnel, or air ambulance provider that otherwise meets such standard from providing routine care and transport to a patient between 2 locations within a State based solely on the ambulance's base geographic location being within another State; ``(3) preventing an air ambulance licensed in 1 State from transporting a patient into or out of another state on a non- routine basis; or ``(4) impeding intrastate transport of a patient as a result of the delegation by the State to a political subdivision within the State of the development or oversight of the standard. ``(e) Limitation of Scope.--The absence of any medical standard from subsection (c) does not create an inference that such standard is or is not a `law, regulation or other provision having the force and effect of law related to a price, route or service of an air carrier'.''. (b) Conforming Amendment.--The table of contents for such chapter 401 is amended by adding at the end the following: ``40131. Clarification of State authority over air ambulance medical standards and medical care related licensing requirements.''.

Air Ambulance Services Clarification Act - Requires that with respect to an air ambulance and the medical services provided within an air ambulance, the term "law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier," for federal preemption purposes, may not be construed to include any medical care-related license and certification requirements based on medical standards effectuated pursuant to a state's authority over the licensure and regulation of health care within its borders. Describes the medical and related medical care standards to which this Act applies.

A bill to recognize and clarify the authority of the States to regulate air ambulance medical standards pursuant to their authority over the regulation of health care services within their borders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Promise Zone Job Creation Act of 2016''. SEC. 2. PROMISE ZONES. (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 part: ``PART IV--PROMISE ZONES ``Sec. 1400V-1. Designation of Promise Zones. ``Sec. 1400V-2. Promise Zone employment credit. ``Sec. 1400V-3. Expensing of Promise Zone property. ``SEC. 1400V-1. DESIGNATION OF PROMISE ZONES. ``(a) In General.--For purposes of this part, the term `Promise Zone' means any area-- ``(1) which is nominated by 1 or more local governments or Indian Tribes (as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for designation as a Promise Zone (hereafter in this section referred to as a `nominated area'), ``(2) which has a continuous boundary, ``(3) the population of which does not exceed 200,000, and ``(4) which the Secretary of Housing and Urban Development and the Secretary of Agriculture, acting jointly, designate as a Promise Zone, after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate. ``(b) Number of Designations.-- ``(1) In general.--Not more than 20 nominated areas may be designated as Promise Zones. ``(2) Number of designations in rural areas.--Of the areas designated under paragraph (1), six of such areas shall be areas-- ``(A) which are outside of a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or ``(B) which are determined by the Secretary of Agriculture to be rural areas. ``(c) Period of Designations.-- ``(1) In general.--The Secretary of Housing and Urban Development and the Secretary of Agriculture shall, acting jointly, designate 20 areas as Promise Zones before January 1, 2017. ``(2) Effective dates of designations.--The designation of any Promise Zone shall take effect-- ``(A) for purposes of priority consideration in Federal grant programs and initiatives (other than this part), upon execution of the Promise Zone agreement, and ``(B) for purposes of this part, on January 1 of the first calendar year beginning after the date of the execution of the Promise Zone agreement. ``(3) Termination of designations.--The designation of any Promise Zone shall end on the earlier of-- ``(A) the end of the 10-year period beginning on the date that such designation takes effect, or ``(B) the date of the revocation of such designation. ``(4) Application to certain zones already designated.--In the case of any area designated as a Promise Zone by the Secretary of Housing and Urban Development and the Secretary of Agriculture before the date of the enactment of this section, such area shall be taken into account as a Promise Zone designated under this section and shall reduce the number of Promise Zones remaining to be designated under paragraph (1). ``(d) Limitations on Designations.--No area may be designated under this section unless-- ``(1) the entities nominating the area have the authority to nominate the area of designation under this section, ``(2) such entities provide written assurances satisfactory to the Secretary of Housing and Urban Development and the Secretary of Agriculture that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary of Housing and Urban Development and the Secretary of Agriculture with such data regarding the economic conditions of the area (before, during, and after the area's period of designation as a Promise Zone) as such Secretary may require, and ``(3) the Secretary of Housing and Urban Development and the Secretary of Agriculture determine that any information furnished is reasonably accurate. ``(e) Application.--No area may be designated under this section unless the application for such designation-- ``(1) demonstrates that the nominated area satisfies the eligibility criteria described in subsection (a), and ``(2) includes a competitiveness plan which-- ``(A) addresses the need of the nominated area to attract investment and jobs and improve educational opportunities, ``(B) leverages the nominated area's economic strengths and outlines targeted investments to develop competitive advantages, ``(C) demonstrates collaboration across a wide range of stakeholders, ``(D) outlines a strategy which connects the nominated area to drivers of regional economic growth, and ``(E) proposes a strategy for focusing on increased access to high-quality affordable housing and improved public safety. ``(f) Selection Criteria.--From among the nominated areas eligible for designation under this section, the Secretary of Housing and Urban Development and the Secretary of Agriculture shall designate Promise Zones on the basis of-- ``(1) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d), ``(2) unemployment rates, poverty rates, household income, home ownership, labor force participation, educational attainment, and such other factors as the Secretary of Housing and Urban Development and the Secretary of Agriculture may identify, and ``(3) other criteria as determined by the Secretary of Housing and Urban Development and the Secretary of Agriculture. The Secretary of Housing and Urban Development and the Secretary of Agriculture may set minimal standards for the levels of unemployment and poverty that must be satisfied for designation as a Promise Zone. ``SEC. 1400V-2. PROMISE ZONE EMPLOYMENT CREDIT. ``(a) Amount of Credit.--For purposes of section 38, the amount of the Promise Zone employment credit determined under this section with respect to any employer for any taxable year is the applicable percentage of the qualified wages paid or incurred during the calendar year which ends with or within such taxable year. ``(b) Applicable Percentage.--For purposes of this section, the term `applicable percentage' means-- ``(1) in the case of qualified wages described in subsection (c)(1)(A), 20 percent, and ``(2) in the case of qualified wages described in subsection (c)(1)(B), 10 percent. ``(c) Qualified Wages.--For purposes of this section-- ``(1) In general.--The term `qualified wages' means any wages paid or incurred by an employer for services performed by an employee while such employee is-- ``(A) a qualified zone employee, or ``(B) a qualified resident employee. ``(2) Only first $15,000 of wages per year taken into account.--With respect to each qualified employee, the amount of qualified wages taken into account for a calendar year shall not exceed $15,000. ``(3) Coordination with work opportunity credit.-- ``(A) In general.--The term `qualified wages' shall not include wages taken into account in determining the credit under section 51. ``(B) Coordination with dollar limitation.--The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. ``(4) Wages.--The term `wages' has the meaning given such term by section 1397(a). ``(d) Qualified Employee.--For purposes of this section-- ``(1) Qualified employee.--The term `qualified employee' means any employee who is a qualified zone employee or a qualified resident employee. ``(2) Qualified zone employee.--Except as otherwise provided in this subsection, the term `qualified zone employee' means, with respect to any period, any employee of an employer if-- ``(A) substantially all of the services performed during such period by such employee for such employer are performed within a Promise Zone in a trade or business of the employer, and ``(B) the principal place of abode of such employee while performing such services is within a Promise Zone. ``(3) Qualified resident employee.--Except as otherwise provided in this subsection, the term `qualified resident employee' means, with respect to any period, an employee of an employer if the principal place of abode of such employee during such period is within a Promise Zone, but substantially all of the services performed during such period by such employee for such employer are not performed within a Promise Zone in a trade or business of the employer. ``(4) Certain individuals not eligible.--The terms `qualified zone employee' and `qualified resident employee' shall not include any individual described in paragraph (2) of section 1396(d)(2) (determined after application of paragraph (3) thereof). ``(e) Special Rules.--Rules similar to the rules of section 1397 shall apply for purposes of this section. ``(f) Taxpayer Reporting.--No credit shall be determined under this section with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part. ``SEC. 1400V-3. EXPENSING OF PROMISE ZONE PROPERTY. ``(a) In General.--A taxpayer may elect to treat the cost of any Promise Zone property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the Promise Zone property is placed in service. ``(b) Promise Zone Property.--For purposes of this section-- ``(1) In general.--Except as otherwise provided in this subsection, the term `Promise Zone property' means property-- ``(A) which is-- ``(i) tangible property (to which section 168 applies) with an applicable recovery period (within the meaning of section 168) of 20 years or less, ``(ii) water utility property described in section 168(e)(5), ``(iii) computer software described in section 179(d)(1)(A)(ii), or ``(iv) qualified leasehold improvement property (as defined in section 168(e)), ``(B) which is acquired by purchase (as defined in section 179(d)(2)) for use in the active conduct of a trade or business, and ``(C) which is originally placed in service by the taxpayer in a Promise Zone. ``(2) Exception for certain property.--Such term shall not include any property to which section 168(g) applies. ``(c) Election.--An election under this section shall be made under rules similar to the rules of section 179(c). ``(d) Coordination With Section 179.--For purposes of section 179, Promise Zone property shall not be treated as section 179 property. ``(e) Application of Other Rules.--Rules similar to the rules of paragraphs (3), (4), (5), (7), (9), and (10) of section 179(d) shall apply for purposes of this section. ``(f) Taxpayer Reporting.--This section shall not apply with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part.''. (b) Conforming Amendments.-- (1) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the Promise Zone employment credit determined under section 1400V-2.''. (2) The table of parts for subchapter Y of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IV. Promise Zones''. (c) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Promise zone employment credit.--Section 1400V-2 of the Internal Revenue Code of 1986, as added by this section, shall apply to wages paid after the date of the enactment of this Act, in taxable years ending after such date. (3) Expensing of promise zone property.--Section 1400V-3 of such Code, as so added, shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date.

Promise Zone Job Creation Act of 2016 This bill amends the Internal Revenue Code to direct the Departments of Housing and Urban Development and Agriculture, acting jointly, to designate, before January 1, 2017, not more than 20 areas as Promise Zones for purposes of priority consideration in federal grant programs and initiatives. Six of such areas shall be outside of a metropolitan statistical area or shall be determined to be rural areas. A "Promise Zone" is any area with a continuous boundary and a population of not more than 200,000 that is nominated by one or more local governments or Indian tribes and designated on the basis of unemployment rates, poverty rates, household income, home ownership, labor force participation, and educational attainment. An application for designation as a Promise Zone shall include a competitiveness plan that addresses the need of the area to attract investment and jobs and improve educational opportunities. The bill allows: (1) a Promise Zone employment tax credit for wages paid to a qualified zone or resident employee, and (2) expensing of Promise Zone property. A "Promise Zone property" is a property that is: (1) tangible property with a recovery period of 20 years or less for depreciation purposes, water utility property, computer software, or qualified leasehold improvement property; (2) acquired by purchase for use in the active conduct of a trade or business; and (3) originally placed in service in a Promise Zone.

Promise Zone Job Creation Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pill Mill Crackdown Act of 2011''. SEC. 2. DEFINITIONS. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding at the end the following: ``(57) The term `pill mill' includes a doctor's office, clinic, or health care facility that-- ``(A) routinely prescribes or dispenses controlled substances outside the scope of the prevailing standards of medical practice in the community in relation to the prescribing or dispensing of controlled prescription drugs; or ``(B) routinely violates this Act in relation to the prescribing or dispensing of controlled prescription drugs. ``(58) The term `operator of a pill mill' includes-- ``(A) any practicing physician affiliated with a pill mill; or ``(B) any owner, director, officer, or partner of a pill mill.''. SEC. 3. PENALTIES FOR OPERATION OF A PILL MILL. Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by adding at the end the following: ``(8) In the case of a violation of subsection (a) involving distribution of a controlled substance in schedule II or schedule III by the operator of a pill mill, such operator shall be imprisoned as provided in this subsection (except that the term of such imprisonment shall be double the term otherwise applicable), fined as provided in this subsection (except that such fine shall be in an amount triple the amount otherwise applicable), or both.''. SEC. 4. DISTRIBUTION TO PERSONS UNDER AGE TWENTY-ONE. Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended by adding at the end the following: ``(c) Pill Mill Operators.--In the case of a person who commits an offense punishable under section 401(b)(8), this section shall be applied by substituting `thrice' for `twice' in each of subsections (a) and (b).''. SEC. 5. ALTERNATIVE FINE NOT APPLICABLE TO PILL MILL OPERATORS. Section 415 of the Controlled Substances Act (21 U.S.C. 855) is amended by striking ``In lieu of'' and inserting the following: ``Except in the case of an offense punishable under section 401(b)(8) or 418(c), in lieu of''. SEC. 6. SENSE OF CONGRESS REGARDING CRIMINAL FORFEITURE OF THE PROPERTY OF PILL MILL OPERATORS. It is the sense of Congress that an offense punishable under section 401(a)(8) of the Controlled Substances Act (21 U.S.C. 841(a)(8)) is a violation for which certain property is subject to forfeiture to the United States under section 413 of such Act (21 U.S.C. 853). SEC. 7. USE OF CERTAIN FORFEITED PROPERTY FOR THE OPERATIONS OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY. Section 413(h) of the Controlled Substances Act (21 U.S.C. 853(h)) is amended by adding at the end the following: ``In the case of property ordered forfeited under this section by reason of a conviction for an offense punishable under section 401(b)(8) or 418(c), the proceeds from any disposition under this subsection of such property shall be used, in addition to amounts previously made available in appropriations Acts, for the programs under section 399O, 1911, and 1921 of the Public Health Service Act.''. SEC. 8. TRANSFER BETWEEN SCHEDULES OF CERTAIN SUBSTANCES. (a) Schedule II in section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by adding at the following: ``(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof: ``(1) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. ``(2) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.''. (b) Schedule III in section 202 of the Controlled Substances Act (21 U.S.C. 812) is amended by striking the following: ``(3) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium. ``(4) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts.''.

Pill Mill Crackdown Act of 2011 - Amends the Controlled Substances Act to: (1) double the term of imprisonment and triple the fine for the prohibited distribution of a schedule II or schedule III controlled substance by the operator of a pill mill, (2) increase the penalties for such operator distribution of a controlled substance to a person under age 21 from twice to thrice the maximum punishment or term of supervised release authorized, and (3) exclude such operator distribution from the applicability of provisions authorizing an alternative fine of not more than twice the gross profits or other proceeds derived by a defendant from a drug offense. Defines: (1) "pill mill" to include a doctor's office, clinic, or health care facility that routinely prescribes or dispenses controlled substances outside the scope of the prevailing standards of medical practice in the community in relation to the prescribing or dispensing of controlled prescription drugs or that routinely violates such Act in relation to the prescribing or dispensing of controlled prescription drugs; and (2) "operator of a pill mill" to include any practicing physician affiliated with a pill mill or any owner, director, officer, or partner of a pill mill. Expresses the sense of Congress that such prohibited operator distribution is a violation for which certain property is subject to forfeiture. Requires the proceeds from disposition of such property to be used for controlled substance monitoring programs in the states and for block grants to states for community mental health services and for prevention and treatment of substance abuse. Changes the classification of specified quantities of dihydrocodeinone from a schedule III to a schedule II controlled substance.

A bill to amend the Controlled Substances Act to provide for increased penalties for operators of pill mills, and for other purposes.

SECTION 1. PROTECTION OF CHILDREN AND PARENTAL INVOLVEMENT IN THE PERFORMANCE OF ABORTIONS FOR DEPENDENT CHILDREN OF MEMBERS OF THE ARMED FORCES. Section 1093 of title 10, United States Code, is amended by adding at the end the following new subsections: ``(c) Parental Notice.--(1) A physician may not use facilities of the Department of Defense to perform an abortion on a pregnant unemancipated minor who is a child of a member of the armed forces unless-- ``(A) the physician gives at least 48 hours actual notice, in person or by telephone, of the physician's intent to perform the abortion to-- ``(i) the member of the armed forces, or another parent of the minor, if the minor has no managing conservator or guardian; or ``(ii) a court-appointed managing conservator or guardian; ``(B) the judge of an appropriate district court of the United States issues an order authorizing the minor to consent to the abortion as provided by subsection (d) or (e); ``(C) the appropriate district court of the United States by its inaction constructively authorizes the minor to consent to the abortion as provided by subsection (d) or (e); or ``(D) the physician performing the abortion-- ``(i) concludes that on the basis of the physician's good faith clinical judgment, a condition exists that complicates the medical condition of the minor and necessitates the immediate abortion of her pregnancy to avert her death or to avoid a serious risk of substantial and irreversible impairment of a major bodily function; and ``(ii) certifies in writing to the appropriate medical official of the Department of Defense, and in the patient's medical record, the medical indications supporting the physician's judgment that the circumstances described by clause (i) exist. ``(2) If a person to whom notice may be given under paragraph (1)(A) cannot be notified after a reasonable effort, a physician may perform an abortion if the physician gives 48 hours constructive notice, by certified mail, restricted delivery, sent to the last known address, to the person to whom notice may be given under that paragraph. The period under this paragraph begins when the notice is mailed. If the person required to be notified is not notified within the 48-hour period, the abortion may proceed even if the notice by mail is not received. ``(3) The requirement that 48 hours actual notice be provided under this subsection may be waived by an affidavit of-- ``(A) the member of the armed forces concerned, or another parent of the minor, if the minor has no managing conservator or guardian; or ``(B) a court-appointed managing conservator or guardian. ``(4) A physician may execute for inclusion in the minor's medical record an affidavit stating that, according to the best information and belief of the physician, notice or constructive notice has been provided as required by this subsection. Execution of an affidavit under this paragraph creates a presumption that the requirements of this subsection have been satisfied. ``(5) A certification required by paragraph (1)(D) is confidential and privileged and is not subject to disclosure, discovery, subpoena, or other legal process. Personal or identifying information about the minor, including her name, address, or social security number, may not be included in a certification under paragraph (1)(D). The physician must keep the medical records on the minor in compliance with regulations prescribed by the Secretary of Defense. ``(6) A physician who intentionally performs an abortion on a pregnant unemancipated minor in violation of this subsection commits an offense punishable by a fine not to exceed $10,000. ``(7) It is a defense to prosecution under this subsection that the minor falsely represented her age or identity to the physician to be at least 18 years of age by displaying an apparently valid governmental record of identification such that a reasonable person under similar circumstances would have relied on the representation. The defense does not apply if the physician is shown to have had independent knowledge of the minor's actual age or identity or failed to use due diligence in determining the minor's age or identity. ``(d) Judicial Approval.--(1) A pregnant unemancipated minor who is a child of a member of the armed forces and who wishes to have an abortion using facilities of the Department of Defense without notification to the member of the armed forces, another parent, her managing conservator, or her guardian may file an application for a court order authorizing the minor to consent to the performance of an abortion without notification to either of her parents or a managing conservator or guardian. ``(2) Any application under this subsection may be filed in any appropriate district court of the United States. In the case of a minor who elects not to travel to the United States in pursuit of an order authorizing the abortion, the court may conduct the proceedings in the case of such application by telephone. ``(3) An application under this subsection shall be made under oath and include-- ``(A) a statement that the minor is pregnant; ``(B) a statement that the minor is unmarried, is under 18 years of age, and has not had her disabilities removed; ``(C) a statement that the minor wishes to have an abortion without the notification of either of her parents or a managing conservator or guardian; and ``(D) a statement as to whether the minor has retained an attorney and, if she has retained an attorney, the name, address, and telephone number of her attorney. ``(4) The court shall appoint a guardian ad litem for the minor. If the minor has not retained an attorney, the court shall appoint an attorney to represent the minor. If the guardian ad litem is an attorney, the court may appoint the guardian ad litem to serve as the minor's attorney. ``(5) The court may appoint to serve as guardian ad litem for a minor-- ``(A) a psychiatrist or an individual licensed or certified as a psychologist; ``(B) a member of the clergy; ``(C) a grandparent or an adult brother, sister, aunt, or uncle of the minor; or ``(D) another appropriate person selected by the court. ``(6) The court shall determine within 48 hours after the application is filed whether the minor is mature and sufficiently well- informed to make the decision to have an abortion performed without notification to either of her parents or a managing conservator or guardian, whether notification would not be in the best interest of the minor, or whether notification may lead to physical, sexual, or emotional abuse of the minor. If the court finds that the minor is mature and sufficiently well informed, that notification would not be in the minor's best interest, or that notification may lead to physical, sexual, or emotional abuse of the minor, the court shall enter an order authorizing the minor to consent to the performance of the abortion without notification to either of her parents or a managing conservator or guardian and shall execute the required forms. ``(7) If the court fails to rule on the application within the period specified in paragraph (6), the application shall be deemed to be granted and the physician may perform the abortion as if the court had issued an order authorizing the minor to consent to the performance of the abortion without notification under subsection (c). ``(8) If the court finds that the minor does not meet the requirements of paragraph (6), the court may not authorize the minor to consent to an abortion without the notification authorized under subsection (c)(1). ``(9) The court may not notify a parent, managing conservator, or guardian that the minor is pregnant or that the minor wants to have an abortion. The court proceedings shall be conducted in a manner that protects the anonymity of the minor. The application and all other court documents pertaining to the proceedings are confidential and privileged and are not subject to disclosure, discovery, subpoena, or other legal process. The minor may file the application using a pseudonym or using only her initials. ``(10) An order of the court issued under this subsection is confidential and privileged and is not subject to disclosure, discovery, subpoena, or other legal process. The order may not be released to any person but the pregnant minor, the pregnant minor's guardian ad litem, the pregnant minor's attorney, another person designated to receive the order by the minor, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor. ``(11) A filing fee is not required of and court costs may not be assessed against a minor filing an application under this subsection. ``(e) Appeal.--(1) A minor whose application under subsection (d) is denied may appeal to the court of appeals of the United States having jurisdiction of the district court of the United States that denied the application. If the court of appeals fails to rule on the appeal within 48 hours after the appeal is filed, the appeal shall be deemed to be granted and the physician may perform the abortion using facilities of the Department of Defense as if the court had issued an order authorizing the minor to consent to the performance of the abortion using facilities of the Department of Defense without notification under subsection (c). Proceedings under this subsection shall be given precedence over other pending matters to the extent necessary to assure that the court reaches a decision promptly. ``(2) A ruling of the court of appeals under this subsection is confidential and privileged and is not subject to disclosure, discovery, subpoena, or other legal process. The ruling may not be released to any person but the pregnant minor, the pregnant minor's guardian ad litem, the pregnant minor's attorney, another person designated to receive the ruling by the minor, or a governmental agency or attorney in a criminal or administrative action seeking to assert or protect the interest of the minor. ``(3) A filing fee is not required of and court costs may not be assessed against a minor filing an appeal under this subsection. ``(f) Definitions.--In this section: ``(1) The term `abortion' means the use of any means at a medical facility of the Department of Defense to terminate the pregnancy of a female known by an attending physician to be pregnant, with the intention that the termination of the pregnancy by those means will with reasonable likelihood cause the death of the fetus. The term applies only to an unemancipated minor known by an attending physician to be pregnant and may not be construed to limit a minor's access to contraceptives. ``(2) The term `appropriate district court of the United States' means-- ``(A) with respect to a proposed abortion at a particular Department of Defense medical facility in the United States or its territories, the district court of the United States having proper venue in relation to that facility; or ``(B) if the minor is seeking an abortion at a particular Department of Defense facility outside the United States or its territories-- ``(i) if the minor elects to travel to the United States in pursuit of an order authorizing the abortion, the district court of the United States having proper venue in the district in which the minor first arrives from outside the United States; or ``(ii) if the minor elects not to travel to the United States in pursuit of an order authorizing the abortion, the district court of the United States for the district in which the minor last resided. ``(3) The term `fetus' means an individual human organism from fertilization until birth. ``(4) The term `guardian' means a court-appointed guardian of the person of the minor. ``(5) The term `physician' means an individual licensed to practice medicine. ``(6) The term `unemancipated minor' includes a minor who is not a member of the armed forces and who-- ``(A) is unmarried; and ``(B) has not had any disabilities of minority removed.''.

Prohibits physicians from using facilities of the Department of Defense (DOD) to perform an abortion on a pregnant unemancipated minor who is a child of a member of the armed forces unless: (1) the physician gives at least 24 hours actual notice to the member, another parent of the minor, or a court-appointed conservator or guardian; (2) the judge of an appropriate district court issues an order authorizing the minor to consent to the abortion; (3) the appropriate district court by its inaction constructively authorizes such consent; or (4) the physician concludes that a condition exists that necessitates immediate abortion and certifies to the appropriate medical officer of DOD, and in the patient's medical record, the medical indications supporting such judgment. Outlines provisions concerning: (1) alternative notification; and (2) physician penalties for violations. Allows: (1) such a minor, under specified procedures, to file with the court an application for the performance of the abortion without parental or guardian notification; and (2) for judicial appeal of a denial of such application.

A bill to amend title 10, United States Code, to provide for parental involvement in abortions of dependent children of members of the Armed Forces.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Judiciary Ethics Reform Act of 2006''. SEC. 2. JUDICIAL EDUCATION FUND. (a) Establishment.--Chapter 42 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 630. Judicial Education Fund ``(a) In this section, the term-- ``(1) `institution of higher education' has the meaning given under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(2) `private judicial seminar'-- ``(A) means a seminar, symposia, panel discussion, course, or a similar event that provides continuing legal education to judges; and ``(B) does not include-- ``(i) seminars that last 1 day or less and are conducted by, and on the campus of, an institute of higher education; ``(ii) seminars that last 1 day or less and are conducted by national bar associations or State or local bar associations for the benefit of the bar association membership; or ``(iii) seminars of any length conducted by, and on the campus of an institute of higher education or by national bar associations or State or local bar associations, where a judge is a presenter and at which judges constitute less than 25 percent of the participants; ``(3) `national bar association' means a national organization that is open to general membership to all members of the bar; and ``(4) `State or local bar association' means a State or local organization that is open to general membership to all members of the bar in the specified geographic region. ``(b) There is established within the United States Treasury a fund to be known as the `Judicial Education Fund' (in this section referred to as the `Fund'). ``(c) Amounts in the Fund may be made available for the payment of necessary expenses, including reasonable expenditures for transportation, food, lodging, private judicial seminar fees and materials, incurred by a judge or justice in attending a private judicial seminar approved by the Board of the Federal Judicial Center. Necessary expenses shall not include expenditures for recreational activities or entertainment other than that provided to all attendees as an integral part of the private judicial seminar. Any payment from the Fund shall be approved by the Board. ``(d) The Board may approve a private judicial seminar after submission of information by the sponsor of that private judicial seminar that includes-- ``(1) the content of the private judicial seminar (including a list of presenters, topics, and course materials); and ``(2) the litigation activities of the sponsor and the presenters at the private judicial seminar (including the litigation activities of the employer of each presenter) on the topic related to those addressed at the private judicial seminar. ``(e) If the Board approves a private judicial seminar, the Board shall make the information submitted under subsection (d) relating to the private judicial seminar available to judges and the public by posting the information on the Internet. ``(f) The Judicial Conference shall promulgate guidelines to ensure that the Board only approves private judicial seminars that are conducted in a manner so as to maintain the public's confidence in an unbiased and fair-minded judiciary. ``(g) There are authorized to be appropriated for deposit in the Fund $2,000,000 for each of fiscal years 2006, 2007, and 2008, to remain available until expended.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 42 of title 28, United States Code, is amended by adding at the end the following: ``630. Judicial Education Fund.''. SEC. 3. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED. (a) Definitions.--In this section, the term-- (1) ``institution of higher education'' has the meaning given under section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); (2) ``private judicial seminar''-- (A) means a seminar, symposia, panel discussion, course, or a similar event that provides continuing legal education to judges; and (B) does not include-- (i) seminars that last 1 day or less and are conducted by, and on the campus of, an institute of higher education; (ii) seminars that last 1 day or less and are conducted by national bar associations or State or local bar associations for the benefit of the bar association membership; or (iii) seminars of any length conducted by, and on the campus of an institute of higher education or by national bar associations or State or local bar associations, where a judge is a presenter and at which judges constitute less than 25 percent of the participants; (3) ``national bar association'' means a national organization that is open to general membership to all members of the bar; and (4) ``State or local bar association'' means a State or local organization that is open to general membership to all members of the bar in the specified geographic region. (b) In General.--Not later than 240 days after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate regulations to apply section 7353(a) of title 5, United States Code, to prohibit the solicitation or acceptance of anything of value in connection with a private judicial seminar. (c) Exception.--The prohibition under the regulations promulgated under subsection (b) shall not apply if-- (1) the judge participates in a private judicial seminar as a speaker, panel participant, or otherwise presents information; (2) Federal judges are not the primary audience at the private judicial seminar; and (3) the thing of value accepted is-- (A) reimbursement from the private judicial seminar sponsor of reasonable transportation, food, or lodging expenses on any day on which the judge speaks, participates, or presents information, as applicable; (B) attendance at the private judicial seminar on any day on which the judge speaks, participates, or presents information, as applicable; or (C) anything excluded from the definition of a gift under regulations of the Judicial Conference of the United States under sections 7351 and 7353 of title 5, United States Code, as in effect on the date of enactment of this Act. SEC. 4. RECUSAL LISTS. Section 455 of title 28, United States Code, is amended by adding at the end the following: ``(g)(1) Each justice, judge, and magistrate of the United States shall maintain a list of all financial interests that would require disqualification under subsection (b)(4). ``(2) Each list maintained under paragraph (1) shall be made available to the public at the office of the clerk for the court at which a justice, judge, or magistrate is assigned.''.

Federal Judiciary Ethics Reform Act of 2006 - Amends the federal judicial code to: (1) establish within the Treasury a Judicial Education Fund for the payment of necessary expenses incurred by a judge or justice in attending a private judicial seminar approved by the Board of the Federal Judicial Center; and (2) require each justice, judge, and magistrate of the United States to maintain a list (to be made available to the public) of all financial interests that would require disqualification in any proceeding in which his or her impartiality might reasonably be questioned. Directs the Judicial Conference of the United States to promulgate regulations to prohibit the solicitation or acceptance of anything in value in connection with a private judicial seminar, with specified exceptions.

A bill to provide for ethics reform of the Federal judiciary and to instill greater public confidence in the Federal courts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cyber Safety for Kids Act of 2007''. SEC. 2. PROHIBITION ON COMMERCIAL WEBSITES CONTAINING MATERIAL THAT IS HARMFUL TO MINORS. (a) In General.--No person who operates a website located on the Internet where such website is primarily operated for commercial purposes may knowingly, and with knowledge of the character of the material, place material that is harmful to minors on such website unless-- (1) the home page, or any other page or screen that is initially viewable by a visitor to such website, does not include any material that is harmful to minors; (2) access to any such material is restricted to a specific set of individuals through an age verification requirement; and (3) the source code of such website contains the content description tag assigned to such website by the National Telecommunications and Information Administration. (b) NTIA Description Tag.--Not later than 90 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall develop a common content description tag that-- (1) will provide consumers with advance warning and information about the content of any website that contains material that is harmful to minors; (2) will allow consumers, based on such tag, to block or filter access to, and display of, any website that contains material that is harmful to minors; and (3) is technologically capable of being embedded into the source code a website. SEC. 3. REGISTRATION REQUIREMENTS. (a) In General.--Any operator of a website who seeks to register such website, or who is required to re-register any existing website with ICANN, shall, at a minimum and in addition to any other information required by ICANN, provide to ICANN the following: (1) The name of such operator. (2) The Uniform Resource Locator or URL for such website. (3) The Internet Protocol address for such website. (4) The content description tag of such website under section 2(b). (b) NTIA Action Required.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall-- (1) enter into any memorandums of understanding, agreements, and contracts with ICANN, as may be necessary to carry out the requirement under subsection (a); and (2) make any amendments to any existing memorandums of understandings, agreements, and contracts with ICANN, as may be necessary to carry out the requirement under subsection (a). SEC. 4. ENFORCEMENT. (a) Violation.--Any person who violates this Act shall be subject to such civil penalties as the Secretary of Commerce shall prescribe. (b) Enforcement.--The Secretary of Commerce shall have the power to enforce the provisions of this Act, including-- (1) any requirements or limitations applicable to a registrant under section 3; and (2) the imposition and collection of civil penalties under subsection (a). SEC. 5. DEFINITIONS. In this Act, the following definitions shall apply: (1) ICANN.--The term ``ICANN'' means the Internet Corporation for Assigned Names and Numbers. (2) Internet.--The term ``Internet'' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (3) Material that is harmful to minors.--The term ``material that is harmful to minors'' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene, or that a reasonable person would find-- (A) taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors-- (i) an actual or simulated sexual act or sexual contact; (ii) an actual or simulated normal or perverted sexual act; or (iii) a lewd exhibition of the genitals or post-pubescent female breast; and (C) taking the material as a whole, lacks serious literary, artistic, political, or scientific value for minors. (4) Minor.--The term ``minor'' means any person under 18 years of age. (5) Source code.--The term ``source code'' means the combination of text and other characters comprising the content, both viewable and non-viewable, of a webpage, including any-- (A) website publishing language; (B) programming language; (C) protocol or functional content; and (D) successor languages or protocols. (6) Tag.--The term ``tag'' means a descriptive keyword or term associated with or assigned to a piece of information (such as a picture, article, or video clip), that-- (A) describes such information; and (B) enables keyword-based classification and filtering of such information as required under this Act. (7) Website.--The term ``website'' means any collection of material placed in a computer server-based file archive so that it is publicly accessible over the Internet using hypertext transfer protocol, or any successor protocol.

Cyber Safety for Kids Act of 2007 - Prohibits an operator of a commercial website from knowingly placing material that is harmful to minors on the website unless: (1) any page that is initially viewable does not include any such material; (2) access to the material is restricted to a specific set of individuals through an age verification requirement; and (3) the website's source code contains the content description tag assigned to the website by the National Telecommunications and Information Administration (NTIA). Requires he NTIA to develop a common content description tag that: (1) will warn and inform consumers regarding the presence of material that is harmful to minors; (2) will allow consumers to block or filter website access; and (3) is technologically capable of being embedded in the website's source code. Requires a website operator, when registering or re-registering a website, to provide to the Internet Corporation for Assigned Names and Numbers certain information, including the content description tag.

A bill to provide stronger protections to parents regarding their children's access to sexually explicit material over the Internet.

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Occupational Safety Fairness Act''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). SEC. 2. WORKSITE-SPECIFIC COMPLIANCE METHODS. Section 9 of the Act (29 U.S.C. 658) is amended by adding at the end the following: ``(d) A citation issued under subsection (a) to an employer who violates section 5, any standard, rule, or order promulgated pursuant to section 6, or any regulation promulgated under this Act shall be vacated if such employer demonstrates that the employees of such employer were protected by alternative methods that are substantially equivalent or more protective of the safety and health of the employees than the methods required by such standard, rule, order, or regulation in the factual circumstances underlying the citation. ``(e) Subsection (d) shall not be construed to eliminate or modify other defenses that may exist to any citation.''. SEC. 3. DISCRETIONARY COMPLIANCE ASSISTANCE. Subsection (a) of section 9 of the Act (29 U.S.C. 658(a)) is amended-- (1) by striking the last sentence; (2) by striking ``If, upon'' and inserting ``(1) If, upon''; and (3) by adding at the end the following: ``(2) Nothing in this Act shall be construed as prohibiting the Secretary or the authorized representative of the Secretary from providing technical or compliance assistance to an employer in correcting a violation discovered during an inspection or investigation under this Act without issuing a citation, as prescribed in this section. ``(3) The Secretary or the authorized representative of the Secretary-- ``(A) may issue a warning in lieu of a citation with respect to a violation that has no significant relationship to employee safety or health; and ``(B) may issue a warning in lieu of a citation in cases in which an employer in good faith acts promptly to abate a violation if the violation is not a willful or repeated violation.''. SEC. 4. EXPANDED INSPECTION METHODS. (a) Purpose.--It is the purpose of this section to empower the Secretary of Labor to achieve increased employer compliance by using, at the Secretary's discretion, more efficient and effective means for conducting inspections. (b) General.--Section 8(f) of the Act (29 U.S.C. 657(f) is amended-- (1) by adding at the end the following: ``(3) The Secretary or an authorized representative of the Secretary may, as a method of investigating an alleged violation or danger under this subsection, attempt, if feasible, to contact an employer by telephone, facsimile, or other appropriate methods to determine whether-- ``(A) the employer has taken corrective actions with respect to the alleged violation or danger; or ``(B) there are reasonable grounds to believe that a hazard exists. ``(4) The Secretary is not required to conduct an inspection under this subsection if the Secretary believes that a request for an inspection was made for reasons other than the safety and health of the employees of an employer or that the employees of an employer are not at risk.''. SEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION. (a) Increase in Number of Members and Requirement for Membership.-- Section 12 of the Act (29 U.S.C. 661) is amended-- (1) in the second sentence of subsection (a)-- (A) by striking ``three members'' and inserting ``five members''; and (B) by inserting ``legal'' before ``training''; (2) in the first sentence of subsection (b), by striking ``except that'' and all that follows through the period and inserting the following: ``except that the President may extend the term of a member for no more than 365 consecutive days to allow a continuation in service at the pleasure of the President after the expiration of the term of that member until a successor nominated by the President has been confirmed to serve. Any vacancy caused by the death, resignation, or removal of a member before the expiration of a term for which a member was appointed shall be filled only for the remainder of such term.''; and (3) by striking subsection (f), and inserting the following: ``(f) For purposes of carrying out its functions under this Act, two members of the Commission shall constitute a quorum and official action can be taken only on the affirmative vote of at least a majority of the members participating but in no case fewer than two.''. (b) New Positions.--Of the two vacancies for membership on the Occupational Safety and Health Review Commission created by subsection (a)(1)(A), one shall be appointed by the President for a term expiring on April 27, 2009, and the other shall be appointed by the President for a term expiring on April 27, 2011. (c) Effective Date for Legal Training Requirement.--The amendment made by subsection (a)(1)(B), requiring a member of the Commission to be qualified by reason of a background in legal training, shall apply beginning with the two vacancies referred to in subsection (b) and all subsequent appointments to the Commission. SEC. 6. AWARD OF ATTORNEYS' FEES AND COSTS. The Act (29 U.S.C. 651 et seq.) is amended by redesignating sections 32, 33, and 34 as sections 33, 34, and 35, respectively, and by inserting after section 31 the following new section: ``award of attorneys' fees and costs ``Sec. 32. ``(a) Administrative Proceedings.--An employer who-- ``(1) is the prevailing party in any adversary adjudication instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the adversary adjudication was initiated, shall be awarded fees and other expenses as a prevailing party under section 504 of title 5, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the Secretary was substantially justified or special circumstances make an award unjust. For purposes of this section the term `adversary adjudication' has the meaning given that term in section 504(b)(1)(C) of title 5, United States Code. ``(b) Proceedings.--An employer who-- ``(1) is the prevailing party in any proceeding for judicial review of any action instituted under this Act, and ``(2) had not more than 100 employees and a net worth of not more than $7,000,000 at the time the action addressed under subsection (1) was filed, shall be awarded fees and other expenses as a prevailing party under section 2412(d) of title 28, United States Code, in accordance with the provisions of that section, but without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. Any appeal of a determination of fees pursuant to subsection (a) of this subsection shall be determined without regard to whether the position of the United States was substantially justified or special circumstances make an award unjust. ``(c) Applicability.-- ``(1) Commission proceedings.--Subsection (a) shall apply to proceedings commenced on or after the date of enactment of this section. ``(2) Court proceedings.--Subsection (b) shall apply to proceedings for judicial review commenced on or after the date of enactment of this section.''. SEC. 7. JUDICIAL DEFERENCE. Section 11(a) of the Act (29 U.S.C. 660(a)) is amended in the sixth sentence by inserting before the period the following: ``, and the conclusions of the Commission with respect to questions of law that are subject to agency deference under governing court precedent shall be given deference if reasonable''. SEC. 8. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970. (a) In General.--Section 10 of the Act (29 U.S.C. 659) is amended-- (1) in the second sentence of subsection (a), by inserting after ``assessment of penalty'' the following: ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)''; and (2) in the second sentence of subsection (b), by inserting after ``assessment of penalty'' the following: ``(unless such failure results from mistake, inadvertence, surprise, or excusable neglect)''. (b) Effective Date.--The amendments made by this section shall apply to a citation or proposed assessment of penalty issued by the Occupational Safety and Health Administration that is issued on or after the date of the enactment of this Act. SEC. 9. RIGHT TO CORRECT VIOLATIVE CONDITION. Section 9 of the Act (29 U.S.C. 658), as amended by section 2, is amended by adding at the end the following: ``(f) The Commission may not assess a penalty under section 17(c) for a non-serious violation that is not repeated or willful if the employer corrects the violative condition and provides the Secretary an abatement certification within 72 hours.''. SEC. 10. WRITTEN STATEMENT TO EMPLOYER FOLLOWING INSPECTION. Section 8 of the Act (29 U.S.C. 657) is amended by adding at the end the following: ``(i) At the closing conference after the completion of an inspection, the inspector shall-- ``(1) inform the employer or a representative of the employer of the right of such employer to request a written statement described in paragraph (2); and ``(2) provide to the employer or a representative of the employer, upon the request of such employer or representative, with a written statement that clearly and concisely provides the following information: ``(A) The results of the inspection, including each alleged hazard, if any, and each citation that will be issued, if any. ``(B) The right of the employer to contest a citation, a penalty assessment, an amended citation, and an amended penalty assessment. ``(C) An explanation of the procedure to follow in order to contest a citation and a penalty assessment, including when and where to contest a citation and the required contents of the notice of intent to contest. ``(D) The Commission's responsibility to affirm, modify, or vacate the citation and proposed penalty, if any. ``(E) The informal review process. ``(F) The procedures before the Occupational Safety and Health Review Commission. ``(G) The right of the employer to seek judicial review. ``(j) No monetary penalty may be assessed with respect to any violation not identified in the written statement requested under subsection (i).''. SEC. 11. TIME PERIODS FOR ISSUING CITATIONS. Section-- (1) 9(a) of the Act (29 U.S.C. 658(a)) is amended-- (A) by striking ``upon inspection'' and inserting ``upon the initiation of inspection''; (B) by striking ``with reasonable promptness'' and inserting ``within thirty working days''; and (C) by inserting after the first sentence, the following: ``Such 30 day period may be waived by the Secretary for good cause shown, including, but not limited to, cases involving death, novel issues, large or complex worksites, or pursuant to an agreement by the parties to extend such period.''; and (2) 10(a) of the Act (29 U.S.C. 659(a)) is amended-- (B) by striking ``within a reasonable time'' and inserting ``within thirty days''; and (C) by inserting after the first sentence, the following: ``Such 30 days period may be waived by the Secretary for good cause shown, including, but not limited to, cases involving death, novel issues, large or complex worksites, or pursuant to an agreement by the parties to extend such period.''. SEC. 12. TIME PERIODS FOR CONTESTING CITATIONS. Section 10 of the Act (29 U.S.C. 659) is amended by striking ``fifteen'' each place it appears and inserting ``thirty''. SEC. 13. PENALTIES. Section 17 of the Act (29 U.S.C. 666) is amended by inserting the following: ``(m) The Secretary shall not use `other than serious' citations as a basis for issuing repeat or willful citations.''. SEC. 14. UNANTICIPATED CONDUCT. Section 9 of the Act (29 U.S.C. 658) is amended by adding at the end the following: ``(d) No citation may be issued under this section for any violation that is the result of actions by any person that are contrary to established, communicated, and enforced work rules that would have prevented the violation. This subsection shall not be construed to eliminate or modify elements of proof currently required to support a citation.''. SEC. 15. ADOPTION OF NON-GOVERNMENTAL STANDARDS. The Act (29 U.S.C. 651 et seq.) is amended by adding after section 4 the following: ``SEC. 4A. ADOPTION OF NON-GOVERNMENTAL STANDARDS. ``The Secretary shall not promulgate or enforce any finding, guideline, standard, limit, rule, or regulation that is subject to incorporation by reference, or modification, as the result of a determination reached by any organization, unless the Secretary affirmatively finds that the determination has been made by an organization and procedure that complies with the requirements of section 3(9). Such finding and a summary of its basis shall be published in the Federal Register and shall be deemed a final agency action subject to review by a United States District Court in accordance with section 706 of title 5, United States Code.''. SEC. 16. EMPLOYEE RESPONSIBILITY. The Act (29 U.S.C. 651 et seq.) is amended by adding after section 9 the following: ``SEC. 9A. EMPLOYEE RESPONSIBILITY. ``(a) In General.--Notwithstanding any other provision of this Act, an employee who, with respect to employer-provided personal protective equipment, willfully violates any requirement of section 5 or any standard, rule, or order promulgated pursuant to section 6, or any regulation prescribed pursuant to this Act, may be assessed a civil penalty, as determined by the Secretary, but not to exceed $50 for each violation. ``(b) Citations.--If, upon inspection or investigation, the Secretary or the authorized representative of the Secretary believes that an employee of an employer has, with respect to employer-provided personal protective equipment, violated any requirement of section 5 or any standard, rule, or order promulgated pursuant to section 6, or any regulation prescribed pursuant to this Act, the Secretary shall within 30 days issue a citation to the employee. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of this Act, standard, rule, regulation, or order alleged to have been violated. No citation may be issued under this section after the expiration of 6 months following the occurrence of any violation. ``(c) Notification.-- ``(1) In general.--The Secretary shall notify an employee-- ``(A) by certified mail of a citation under subsection (b) and the proposed penalty; and ``(B) that such employee has 30 working days within which to notify the Secretary that the employee wishes to contest the citation or proposed penalty. ``(2) Final order.--If an employee does not file a notification described in paragraph (1)(B) with the Secretary within 30 working days, the citation and proposed penalty shall-- ``(A) be deemed a final order of the Commission; and ``(B) not be subject to review by any court or agency. ``(d) Contesting of Citation.-- ``(1) In general.--If an employee files a notification described in paragraph (1)(B) with the Secretary within 30 working days, the Secretary shall immediately advise the Commission of such notification, and the Commission shall afford the employee an opportunity for a hearing in accordance with section 554 of title 5, United States Code. ``(2) Issuance of final order.--The Commission, after a hearing described in paragraph (1), shall issue an order, based on findings of fact, affirming, modifying, or vacating the Secretary's citation or proposed penalty, or directing other appropriate relief. Such order shall become final 30 days after issuance of the order.''.

Occupational Safety Fairness Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties. Permits alternative compliance methods by employers. Authorizes the Secretary of Labor or the Secretary's representative to: (1) provide technical or compliance assistance to an employer in correcting a violation; (2) issue a warning instead of a citation for violations that have no significant relationship to employee safety or health, and in cases where an employer in good faith acts promptly to abate a violation that is not willful or repeated; (3) attempt to contact an employer by telephone, facsimile, or other methods, in investigating an alleged danger or violation, to determine if corrective action has been taken or if there are reasonable grounds to believe a hazard exists; and (4) not conduct an inspection if the Secretary believes either that the request for the inspection was made for reasons other than employee health and safety or that the employees are not at risk. Increases the Occupational Safety and Health Review Commission (OSHRC) membership from three to five, and sets forth a legal training requirement. Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees; and (2) $7,000,000 net worth. Revises judicial review requirements to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law. Prescribes requirements relating to contesting citations, correcting conditions, written statements following inspections, time periods for issuing or contesting citations, penalties for other than serious citations, unanticipated conduct, adoption of nongovernmental standards, and employee responsibility.

A bill to amend the Occupational Safety and Health Act of 1970 to further improve the safety and health of working environments, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Immigration Services Consumer Protection Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Criminal penalty for immigration consultants not meeting requirements. Sec. 4. Exception for attorneys, representatives of recognized organizations, and others; recognition and accreditation of representatives. Sec. 5. Education through community outreach programs. Sec. 6. Non-preemption of more protective State laws. Sec. 7. Confidentiality of information. Sec. 8. Effective date. SEC. 2. DEFINITIONS. For purposes of this Act: (1) Attorney.--The term ``attorney'' means a person licensed and authorized to practice law in the area in which the person is acting as an immigration consultant. (2) Compensation.--The term ``compensation'' means money, property, promise of payment, or anything of value, provided directly or indirectly. (3) Immigration consultant.--The term ``immigration consultant'' means any person that provides assistance or advice on an immigration matter, including-- (A) completing a form provided by a Federal or State agency; (B) translating a person's answer to questions asked on such a form; (C) securing for a person supporting documents (such as birth and marriage certificates) which may be necessary to complete those forms; (D) submitting completed forms, on a client's behalf and at the client's request, to the Immigration and Naturalization Service; (E) making referrals to attorneys to represent the client in the matter; or (F) preparing or arranging for the preparation of photograph or fingerprint in connection with the matter. (4) Immigration matter.--The term ``immigration matter'' means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under any immigration or naturalization law, Executive order, or Presidential proclamation, or action of the Immigration and Naturalization Service, the Department of State, or the Department of Labor. SEC. 3. CRIMINAL PENALTY FOR IMMIGRATION CONSULTANTS NOT MEETING REQUIREMENTS. (a) In General.--Except as provided in section 4, any person who acts as an immigration consultant with respect to an immigration matter for any client for compensation and who knowingly fails to meet a requirement of subsection (b) shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (b) Requirements.--The requirements of this subsection for a person acting as an immigration consultant in an immigration matter for a client are as follows: (1) Consultant license required.--The person shall have a license as an immigration consultant issued by the Immigration and Naturalization Service after the person has made an application that meets such requirements as the Attorney General may impose. (2) Written contract.--The person shall not act as an immigration consultant in the immigration matter on behalf of the client unless the person has entered into a written agreement with the client that meets the following requirements: (A) The agreement includes a description of-- (i) the services to be performed by the person under the agreement, and (ii) the amounts to be paid by the client. (B) The agreement includes a statement, printed on the face of the contract in boldface type no smaller than 10 point, that the person is not an attorney and may not perform legal services. (C) The agreement includes a conspicuous statement (in both English and the other principal language of the client, if it is not English) that the client has the right to rescind the agreement within 72 hours of the time it is executed. (D) The agreement shall not include-- (i) any guarantee or promise with respect to the disposition of the Immigration and Naturalization Service and the Attorney General on the matter; or (ii) any statement that the person can or will obtain special favors from or has special influence with the Service or the Attorney General on the matter. (3) Office notice.--The person shall conspicuously display in any office in which the person meets with clients a notice, not smaller than 12 inches by 20 inches and in boldface print no smaller one inch in height, that includes the following information: (A) A copy of the license issued under paragraph (1), including the full name, address, and license number of the person. (B) A statement that the person is not an attorney. (4) Notice of change of address.--The person shall notify the Immigration and Naturalization Service within 30 days of any change of name, address, or telephone number. (5) Delivery of documents.--The person shall deliver to the client a copy of each document or form completed on the client's behalf. (6) Returning documents to client.--The person shall, upon request of the client, return to the client any original documents of the client in the possession of the person that were delivered to the person in order to provide services for the client. SEC. 4. EXCEPTION FOR ATTORNEYS, REPRESENTATIVES OF RECOGNIZED ORGANIZATIONS, AND OTHERS; RECOGNITION AND ACCREDITATION OF REPRESENTATIVES. (a) In General.--Section 3(a) shall not apply to the following: (1) Attorneys.--An attorney. (2) Law students and law graduates not yet admitted to the bar.--A law student who is enrolled in an accredited law school, or a law graduate who is not yet admitted to the bar, where the following conditions are satisfied: (A) Request.--The student or graduate is appearing at the request of the person entitled to representation. (B) Statement of law student.--In the case of a law student, the student has filed a statement that the student is participating, under the direct supervision of a faculty member or an attorney, in a legal aid program or clinic conducted by a law school or non- profit organization, and that the student is appearing without direct or indirect remuneration from the person represented. (C) Statement of law graduate.--In the case of a law graduate, the graduate has filed a statement that the graduate is appearing under the supervision of a licensed attorney or accredited representative and that the graduate is appearing without direct or indirect remuneration from the person represented. (D) Official permission.--The law student's or law graduate's appearance is permitted by the official or officials before whom the student or graduate wishes to appear. The official or officials may require that a law student be accompanied by the supervising faculty member or attorney. (3) Accredited representatives of recognized organizations.--An individual who is an accredited representative of an organization that is recognized under subsection (b). (4) Accredited officials.--An accredited official, in the United States, of the government to which an alien owes allegiance, if the official appears solely in an official capacity and with the alien's consent. (5) Grandfather.--A person, other than a representative of an organization described in subsection (b), who on December 23, 1952, was authorized to practice before the Board of Immigration Appeals and the Immigration and Naturalization Service. (b) Recognition of Qualified Organizations; Accreditation of Representatives.-- (1) In general.--The Attorney General shall establish a process-- (A) for the recognition of nonprofit religious, charitable, social service, or similar organization established in the United States; and (B) for the accreditation of representatives of a recognized organization to provide immigration services, including practicing before the Immigration and Naturalization Service and the Board of Immigration Appeals, on behalf of the organization. (2) Qualifications.-- (A) Recognition.--An organization shall not be recognized under paragraph (1)(A) unless the organization establishes to the satisfaction of the Attorney General that it has at its disposal adequate knowledge, information and experience. (B) Accreditation of representatives.--A representative may not be accredited under paragraph (1)(B) unless the representative-- (i) is of good moral character; and (ii) has sufficient experience and knowledge of immigration and naturalization law and procedure to adequately represent clients of the organization in immigration matters. (3) Application process.--The Attorney General shall establish an application process for the recognition of organizations and accreditation of representatives of such organizations under this subsection. As a condition for continuing the recognition of an organization or accreditation of a representative, the Attorney General may require the periodic submission of such application or information as the Attorney General may specify. (4) Withdrawal of recognition or accreditation.--The Attorney General may withdraw recognition of any organization or accreditation of a representative if the organization or representative has failed to maintain the qualifications to be so recognized or accredited, under a process specified by the Attorney General. (5) Use of current standards.--To the extent practicable, the Attorney General shall carry out this subsection in a manner consistent with the recognition and accreditation process provided by the Board of Immigration Appeals under section 292.2 of title 8, Code of Federal Regulations, as in effect as of the date of the enactment of this Act. (c) Construction.--Nothing in section 3 shall be construed as applying to an person who does not receive direct or indirect compensation for provision of services. SEC. 5. EDUCATION THROUGH COMMUNITY OUTREACH PROGRAMS. The Attorney General is authorized to provide grants to States in order to provide community outreach programs through State and local government agencies to educate individuals who use immigration consultants regarding the requirements of this Act. SEC. 6. NON-PREEMPTION OF MORE PROTECTIVE STATE LAWS. The provisions of this Act supersede State laws only to the extent the State laws prevent the application of section 3. States may impose requirements that are in addition to the requirements established under this Act. SEC. 7. CONFIDENTIALITY OF INFORMATION. (a) In General.--Except as provided in this section, neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may use the information furnished by any person (including an alien who is not lawfully present in the United States) specifically in relation to a violation of this Act for any purpose other than to carry out this Act (including prosecutions under section 3). If such information is furnished by an alien who is not lawfully present in the United States, such information shall not be used for the purpose of identifying and removing the person from the United States or imposing other sanctions against the person, except if the information furnished is false or fraudulent. (b) Construction.--Nothing in this section shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes of information contained in files or records of the Immigration and Naturalization Service, other than information furnished under subsection (a) that is not available from any other source. (c) Crime.--Whoever knowingly uses information in violation of this section shall be fined not more than $10,000. SEC. 8. EFFECTIVE DATE. This Act applies to actions taken as an immigration consultant on and after such date (not later than 2 years after the date of the enactment of this Act) as the Attorney General shall specify in regulations.

Immigration Services Consumer Protection Act of 2001 - Establishes criminal penalties for immigration consultants who handle immigration matters and do not meet specified requirements, including license and contract requirements. Exempts from such provisions: (1) attorneys; (2) certain law students and law graduates; (3) accredited representatives of qualifying organizations; (4) accredited foreign officials; and (5) persons authorized to practice before the Board of Immigration Appeals and the Immigration and Naturalization Service as of a certain date.Authorizes the Attorney General to provide State grants to educate persons respecting the requirements of this Act.Provides for confidentiality of information provided under this Act, and fines for knowing violation of such confidentiality.

To reduce fraud in connection with the provision of legal advice and other services to individuals applying for immigration benefits or otherwise involved in immigration proceedings by requiring paid immigration consultants to be licensed and otherwise provide services in a satisfactory manner.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Humane Enforcement and Legal Protections for Separated Children Act'' or the ``HELP Separated Children Act''. SEC. 2. DEFINITIONS. In this Act: (1) Apprehension.--The term ``apprehension'' means the detention or arrest by officials of the Department of Homeland Security or cooperating entities. (2) Child.--The term ``child'' means an individual who has not attained 18 years of age. (3) Child welfare agency.--The term ``child welfare agency'' means a State or local agency responsible for child welfare services under subtitles B and E of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (4) Cooperating entity.--The term ``cooperating entity'' means a State or local entity acting under agreement with the Secretary. (5) Department.--The term ``Department'' means the Department of Homeland Security. (6) Detention facility.--The term ``detention facility'' means a Federal, State, or local government facility, or a privately owned and operated facility, that is used, in whole or in part, to hold individuals under the authority of the Director of U.S. Immigration and Customs Enforcement, including facilities that hold such individuals under a contract or agreement with the Director. (7) Immigration enforcement action.--The term ``immigration enforcement action'' means the apprehension of one or more individuals whom the Department has reason to believe are removable from the United States by the Secretary or a cooperating entity. (8) NGO.--The term ``NGO'' means a nongovernmental organization that provides social services or humanitarian assistance to the immigrant community. (9) Parent.--The term ``parent'' means a biological or adoptive parent of a child, whose parental rights have not been relinquished or terminated under State law or the law of a foreign country, or a legal guardian under State law or the law of a foreign country. (10) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. APPREHENSION PROCEDURES FOR IMMIGRATION ENFORCEMENT-RELATED ACTIVITIES. (a) Apprehension Procedures.--In any immigration enforcement action, the Secretary and cooperating entities shall-- (1) as soon as possible, but generally not later than 2 hours after an immigration enforcement action, inquire whether an individual is a parent or primary caregiver of a child in the United States and notify any such individual, in a language that he or she understands, that he or she is entitled to-- (A) the opportunity to make a minimum of 2 telephone calls to arrange for the care of such child in the individual's absence; and (B) contact information for-- (i) child welfare agencies and family courts in the same jurisdiction as the child; and (ii) consulates, attorneys, and legal service providers capable of providing free legal advice or representation regarding child welfare, child custody determinations, and immigration matters; (2) notify the child welfare agency with jurisdiction over the child if the child's parent or primary caregiver is unable to make care arrangements for the child or if the child is in imminent risk of serious harm; (3) ensure that personnel of the Department and cooperating entities do not, absent medical necessity or extraordinary circumstances, interview individuals in the immediate presence of children over the age of 2 unless the parent or primary caregiver gives permission, or compel or request children to interpret or translate for interviews of their parents or of other individuals who are encountered as part of an immigration enforcement action; (4) ensure that any parent or primary caregiver of a child in the United States-- (A) absent medical necessity or extraordinary circumstances, is not transferred from his or her area of apprehension until the individual-- (i) has made arrangements for the care of such child; or (ii) if such arrangements are unavailable or the individual is unable to make such arrangements, is informed of the care arrangements made for the child and of a means to maintain communication with the child; (B) absent medical necessity or extraordinary circumstances is placed in a detention facility either-- (i) proximate to the location of apprehension; or (ii) proximate to the individual's habitual place of residence; and (iii) absent medical necessity or extraordinary circumstances, is not transferred from such facility unless necessary to facilitate participation in child welfare proceedings; and (C) receives due consideration of the best interests of such child in any decision or action relating to his or her detention, release, or transfer between detention facilities; and (5) issue guidance prohibiting personnel of the Department and cooperating entities from apprehending persons on the premises or in the immediate vicinity of day care centers, head start centers, schools, school bus stops, recreation centers, legal service providers, courts, funeral homes, cemeteries, colleges, victim services agencies, social service agencies, hospitals, health care clinics, community centers, and places of worship, absent exceptional circumstances. (b) Requests to Local and State Entities.--If the Secretary requests a State or local entity to hold in custody an individual who the Department has reason to believe is removable pending transfer of that individual to the custody of the Secretary or to a detention facility, the Secretary shall also request that the State or local entity provide the individual the protections specified in paragraphs (1) and (2) of subsection (a), if that individual is found to be the parent or primary caregiver of a child in the United States. (c) Protections Against Trafficking Preserved.--The provisions of this section shall not be construed to impede, delay, or in any way limit the obligations of the Secretary, the Attorney General, or the Secretary of Health and Human Services under section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) or section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279). SEC. 4. ACCESS TO CHILDREN, STATE AND LOCAL COURTS, CHILD WELFARE AGENCIES, AND CONSULAR OFFICIALS. (a) In General.--The Secretary shall ensure that all detention facilities operated by or under agreement with the Department implement procedures to ensure that the best interest of the child, including a preference for family unity wherever appropriate, can be considered in any decision and action relating to the custody of children whose parent, legal guardian, or primary caregiver is detained as the result of an immigration enforcement action. (b) Detention Procedures.--At all detention facilities, the Secretary shall-- (1) prominently post in a manner accessible to detainees and visitors and include in detainee handbooks information on the protections of this Act as well as information on potential eligibility for parole or release; (2) absent extraordinary circumstances, ensure that individuals who are detained by the Department and are parents of children in the United States are-- (A) permitted regular phone calls and contact visits with their children; (B) provided with contact information for child welfare agencies and family courts in the relevant jurisdictions; (C) able to participate fully, and to the extent possible in-person, in all family court proceedings and any other proceedings that may impact their right to custody of their children; (D) granted free and confidential telephone calls to relevant child welfare agencies and family courts as often as is necessary to ensure that the best interest of their children, including a preference for family unity whenever appropriate, can be considered in child welfare agency or family court proceedings; (E) able to fully comply with all family court or child welfare agency orders impacting custody of their children; (F) provided access to United States passport applications or other relevant travel document applications for the purpose of obtaining travel documents for their children; (G) afforded timely access to a notary public for the purpose of applying for a passport for their children or executing guardianship or other agreements to ensure the safety of their children; and (H) granted adequate time before removal to obtain passports, apostilled birth certificates, travel documents, and other necessary records, including health and school records, on behalf of their children if such children will accompany them on their return to their country of origin or join them in their country of origin; and (3) where doing so would not impact public safety or national security, facilitate the ability of detained alien parents and primary caregivers to reunify with their children by sharing information regarding travel arrangements with their consulate, children, child welfare agencies, or other caregivers in advance of the detained alien individual's departure from the United States. SEC. 5. MEMORANDA OF UNDERSTANDING. The Secretary, in consultation with the Department of Health and Human Services, shall develop and implement memoranda of understanding or protocols with child welfare agencies and NGOs regarding the best ways to cooperate and facilitate ongoing communication between all relevant entities in cases involving a child whose parent, legal guardian, or primary caregiver has been apprehended or detained in an immigration enforcement action to protect the best interests of the child, including a preference for family unity whenever appropriate. SEC. 6. MANDATORY TRAINING. The Secretary, in consultation with the Secretary of Health and Human Services, the Secretary of State, the Attorney General, and independent child welfare and family law experts, shall develop and provide training on the protections required under sections 3 and 4 to all personnel of the Department, cooperating entities, and detention facilities operated by or under agreement with the Department who regularly engage in immigration enforcement actions and in the course of such actions come into contact with individuals who are parents or primary caregivers of children in the United States. SEC. 7. RULEMAKING. Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement sections 3 and 4 of this Act. SEC. 8. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. SEC. 9. REPORT ON PROTECTIONS FOR CHILDREN IMPACTED BY IMMIGRATION ENFORCEMENT ACTIVITIES. (a) Requirement for Report.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the impact of immigration enforcement activities on children, including children who are citizens of the United States. (b) Content.--The report submitted under subsection (a) shall include for the previous 1-year period an assessment of-- (1) the number of individuals removed from the United States who are the parent of a child who is a citizen of the United States; (2) the number of occasions in which both parents or the primary caretaker of such a child was removed from the United States; and (3) the number of children who are citizens of the United States who leave the United States with parents who are removed.

Humane Enforcement and Legal Protections for Separated Children Act or the HELP Separated Children Act - Sets forth apprehension procedures for immigration enforcement-related activities engaged in by the Department of Homeland Security (DHS) and cooperating entities, Directs the Secretary of Homeland Security to: (1) require DHS detention facilities to implement procedures to ensure that child custody and family interests can be considered in any immigration detention action, (2) develop memoranda of understanding with child welfare agencies and community organizations that protect the best interests of children of detained individuals, and (3) provide DHS personnel with appropriate training.

HELP Separated Children Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Carlsbad Irrigation Project Acquired Land Conveyance Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``District'' means the Carlsbad Irrigation District, a quasimunicipal corporation formed under the laws of the State of New Mexico that has its principal place of business in the city of Carlsbad, Eddy County, New Mexico. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Project'' means all right, title, and interest in and to the lands (including the subsurface and mineral estate) in Eddy County, New Mexico, described as the acquired lands in section (7) of the Status of Lands and Title Report: Carlsbad Project as reported by the Bureau of Reclamation in 1978 and all interests the United States holds in the irrigation and drainage system of the Carlsbad Project and all related ditch rider houses, maintenance shop and buildings, and Pecos River Flume. SEC. 3. CONVEYANCE OF PROJECT. (a) In General.--Except as provided in subsection (b), in consideration of the District accepting the obligations of the Federal Government for the Project, and subject to the completion of payments by the District required under subsection (c)(3), the Secretary shall convey the Project to the District. (b) Retained Title.--The Secretary shall retain title to the surface estate (but not the mineral estate) of such Project lands which are located under the footprint of Brantley and Avalon dams or any other Project dam or reservoir diversion structure. The Secretary shall retain storage and flow easements for any tracts located under the maximum spillway elevations of Avalon and Brantley Reservoirs. (c) Deadline.-- (1) In general.--If no changes in Project operations are expected following the conveyance under subsection (a), the Secretary shall complete the conveyance expeditiously, but not later than 180 days after the date of the enactment of this Act. (2) Deadline if changes in operations intended.--If the District intends to change Project operations as a result of the conveyance under subsection (a), the Secretary-- (A) shall take into account those potential changes for the purpose of completing any required environmental evaluation associated with the conveyance; and (B) shall complete the conveyance by not later than 2 years after the date of the enactment of this Act. (3) Administrative costs of conveyance.--If the Secretary fails to complete the conveyance under this Act before the applicable deadline under paragraph (1) or (2), the full cost of administrative action and environmental compliance for the conveyance shall be borne by the Secretary. If the Secretary completes the conveyance before that deadline, \1/2\ of such cost shall be paid by the District. SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS. (a) In General.--Nothing in this Act shall be construed as significantly expanding or otherwise changing the use and operation of the Project from its current use. The Project shall continue to be managed and used by the District for the purposes for which the Project was authorized, based on historic operations, and consistent with the management of other adjacent project lands. (b) Future Alterations.--If the District alters the operations or uses of the Project, it shall comply with all applicable laws or regulations governing such changes at that time (subject to section 5). SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS. (a) In General.--Except as provided in subsection (b), upon conveyance of the Project under this Act the District shall assume all rights and obligations of the United States under the agreement dated July 28, 1994, between the United States and the Director, New Mexico Department of Game and Fish (Document No. 2-LM-40-00640), relating to management of certain lands near Brantley Reservoir for fish and wildlife purposes and the agreement dated March 9, 1977, between the United States and the New Mexico Department of Energy, Minerals, and Natural Resources (Contract No. 7-07-57-X0888) for the management and operation of Brantley Lake State Park. (b) Limitation.--The District shall not be obligated for any financial support agreed to by the Secretary, or the Secretary's designee, in either agreement and the District shall not be entitled to any receipts or revenues generated as a result of either agreement. SEC. 6. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED LANDS. (a) Notification of Leaseholders.--Within 120 days after the date of enactment of this Act, the Secretary shall provide to the District a written identification of all mineral and grazing leases in effect on Project lands on the date of enactment of this Act and notify all leaseholders of the conveyance authorized by this Act. (b) Management of Leases, Licenses, and Permits.--The District shall assume all rights and obligations of the United States for all mineral and grazing leases, licenses, and permits existing on the Project lands conveyed under section 3, and shall be entitled to any receipts from such leases, licenses, and permits accruing after the date of conveyance. All such receipts shall be used for purposes for which the Project was authorized and for financing the portion of operations, maintenance, and replacement at the Sumner Dam that, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to conveyance. The District shall continue to adhere to the current Bureau of Reclamation mineral leasing stipulations for the Project. (c) Availability of Amounts Paid Into the Reclamation Fund.-- (1) Amounts in fund on date of enactment.--Amounts in the reclamation fund on the date of enactment of this Act which exist as construction credits to the Carlsbad Project under the terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be deposited into the general fund of the Treasury and credited to deficit reduction or retirement of the Federal debt. (2) Receipts after date of enactment.--Of the receipts from mineral and grazing leases, licenses, and permits on Project lands to be conveyed under section 3 that are received by the United States after the date of enactment of this Act and before the date of conveyance, up to $200,000 shall be applied to pay the cost referred to in section 3(c)(3) and the remainder shall be deposited into the general fund of the Treasury of the United States and credited to deficit reduction or retirement of the Federal debt. SEC. 7. WATER CONSERVATION PRACTICES. Nothing in this Act shall be construed to limit the ability of the District to voluntarily implement water conservation practices. SEC. 8. LIABILITY. Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. SEC. 9. FUTURE RECLAMATION BENEFITS. After completion of the conveyance under this Act, the District shall not be eligible for any emergency loan from the Bureau of Reclamation for maintenance or replacement of any facility conveyed under this Act.

Carlsbad Irrigation Project Acquired Land Conveyance Act - Directs the Secretary of the Interior to convey to the Carlsbad Irrigation District specified lands and interests within the Carlsbad Project in New Mexico in consideration of the District accepting the Federal Government obligations for the project, and subject to the completion of payments by the District required under this Act. Directs the Secretary to complete such conveyance expeditiously, if no changes in Project operations are expected following such conveyance, but within 180 days after the enactment of this Act. Requires the Secretary, if the District intends to change Project operations as a result of the conveyance, to: (1) take into account those potential changes for the purpose of completing any required environmental evaluation associated with the conveyance; and (2) complete the conveyance within two years after enactment. Provides for: (1) the full cost of administrative action and environmental compliance for the conveyance to be borne by the Secretary if he or she fails to complete the conveyance before the applicable deadline; and (2) one-half of such cost to be paid by the District if the Secretary completes the conveyance before that deadline. Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Requires receipts from leases, licenses, and permits accruing after the conveyance date to be used for Project purposes and for financing the portion of operations, maintenance, and replacement at the Summer Dam that, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to the conveyance. Requires amounts paid into the reclamation fund as construction credits to the Project to be credited to deficit reduction or retirement of the Federal debt. Makes the District ineligible for any emergency loan from the Bureau for maintenance or replacement of any facility conveyed after the completion of such conveyance.

Carlsbad Irrigation Project Acquired Land Conveyance Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Timber-Dependent Counties Stabilization Act of 1998''. SEC. 2. SHARING OF FOREST SERVICE TIMBER SALE RECEIPTS. (a) Payments.-- (1) Fiscal years 1999 through 2003.--In lieu of making the 25-percent payments to States for each of fiscal years 1998 through 2003, the Secretary of the Treasury shall pay to each State that is otherwise eligible to receive those payments the special payment amount determined for that State. (2) Fiscal years after fiscal year 2003.-- (A) In general.--For each fiscal year after fiscal year 2003, the Secretary of the Treasury shall pay to each State that is otherwise eligible for the 25- percent payments to States, as elected by the State, either-- (i) the special payment amount determined for that State, in lieu of the 25-percent payments to States otherwise applicable for that State; or (ii) the 25-percent payments to States applicable for that State. (B) Election.--The election under subparagraph (A) shall be made by the Governor of a State, for all fiscal years after fiscal year 2003, by not later than 5 years after the date of the enactment of this Act. If the Governor of a State fails to make the election by that date, the State is deemed to have elected the payment described in subparagraph (A)(i). (3) Expenditure by states.--Amounts paid to a State under this subsection shall be expended by the State in the same manner in which 25-percent payments to States are required to be expended. (b) Definitions.--As used in this section: (1) 25-percent payments to states.--The term ``25-percent payments to States'' means the 25 percent payments authorized by the Act of May 23, 1908 (35 Stat. 260, chapter 192; 16 U.S.C. 500) for the benefit of counties in which national forests are situated, as in effect immediately before the date of the enactment of this section. (2) Special payment amount.--The term ``special payment amount'' means, for a State, the amount determined by multiplying-- (A) 76 percent; by (B) the annual average of the 25-percent payments to States made to the State during the 5-year period consisting of fiscal years 1986 through 1990, adjusted for each fiscal year after fiscal year 2004 to reflect changes in the consumer price index for urban areas (as published by the Bureau of Labor Statistics) that occur after publication of that index for fiscal year 2003. SEC. 3. SHARING OF BUREAU OF LAND MANAGEMENT TIMBER SALE RECEIPTS. (a) Payments.-- (1) Fiscal years 1999 through 2003.--In lieu of making the 50-percent payments to counties for each of fiscal years 1998 through 2003, the Secretary of the Treasury shall pay to each county that is otherwise eligible to receive those payments the special payment amount determined for that county. (2) Fiscal years after fiscal year 2003.-- (A) In general.--For each fiscal year after fiscal year 2003, the Secretary of the Treasury shall pay to each county that is otherwise eligible to receive the 50-percent payments to counties, as elected by the county, either-- (i) the special payment amount, in lieu of the 50-percent payments to counties otherwise applicable and allocable to that county; or (ii) the share of the 50-percent payments to counties otherwise applicable and allocable to the county. (B) Election.--The election under subparagraph (A) shall be made by the chief executive officer of a county, for all fiscal years after fiscal year 2003, by not later than 5 years after the date of the enactment of this Act. If the chief executive officer of a county fails to make the election by that date, the county is deemed to have elected the payment described in subparagraph (A)(i). (b) Definitions.--As used in this section: (1) 50-percent payments to counties.--The term ``50-percent payments to counties'' means the sum of the 50-percent share otherwise paid to a county pursuant to title II of the Act of August 28, 1937 (50 Stat. 875, chapter 876; 43 U.S.C. 1181f), and the payments made to counties pursuant to the Act of May 24, 1939 (53 Stat. 753, chapter 144; 43 U.S.C. 1181f-1 et seq.), as in effect immediately before the date of the enactment of this section. (2) Special payment amount.--The term ``special payment amount'' means the amount determined by multiplying-- (A) 76 percent; by (B) the annual average of the 50-percent payments to counties made to a county during the 5-year period consisting of fiscal years 1986 through 1990, adjusted for each fiscal year after fiscal year 2004 to reflect changes in the consumer price index for urban areas (as published by the Bureau of Labor Statistics) that occur after publication of that index for fiscal year 2003. SEC. 4. CONFORMING AMENDMENT. Title XIII of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66) is amended by striking chapter 4 (107 Stat. 681-682).

Timber-Dependent Counties Stabilization Act of 1998 - Revises the existing rate for State sharing of Forest Service and Bureau of Land Management timber sale receipts through a specified date, and permits States to choose either rate after such date. Makes a conforming amendment to the Omnibus Budget Reconciliation Act of 1993.

Timber-Dependent Counties Stabilization Act of 1998

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Stop Government Abuse Act''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. TITLE I--COMMON SENSE IN COMPENSATION Sec. 101. Definitions. Sec. 102. Limitations. Sec. 103. Regulations. TITLE II--GOVERNMENT EMPLOYEE ACCOUNTABILITY Sec. 201. Suspension for 14 days or less for Senior Executive Service employees. Sec. 202. Investigative leave and termination authority for Senior Executive Service employees. Sec. 203. Suspension of Senior Executive Service employees. Sec. 204. Misappropriation of funds amendments. TITLE III--CITIZEN EMPOWERMENT Sec. 301. Amendments. TITLE I--COMMON SENSE IN COMPENSATION SEC. 101. DEFINITIONS. For purposes of this title-- (1) the term ``employee'' means an employee (as defined by section 2105(a) of title 5, United States Code) holding a position in or under an Executive agency; (2) the term ``Executive agency'' has the meaning given such term by section 105 of title 5, United States Code; (3) the term ``discretionary monetary payment'' means-- (A) any award or other monetary payment under chapter 45, or section 5753 or 5754, of title 5, United States Code; and (B) any step-increase under section 5336 of title 5, United States Code; (4) the term ``covered compensation'', as used with respect to an employee in connection with any period, means the sum of-- (A) the basic pay, and (B) any discretionary monetary payments (excluding basic pay), payable to such employee during such period; (5) the term ``basic pay'' means basic pay for service as an employee; and (6) the term ``sequestration period'' means a period beginning on the first day of a fiscal year in which a sequestration order with respect to discretionary spending or direct spending is issued under section 251A or section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 and ending on the last day of the fiscal year to which the sequestration order applies. SEC. 102. LIMITATIONS. (a) In General.--Notwithstanding any other provision of law-- (1) no discretionary monetary payment may be made to an employee during any sequestration period to the extent that such payment would cause in a fiscal year the total covered compensation of such employee for such fiscal year to exceed 105 percent of the total amount of basic pay payable to such individual (before the application of any step-increase in such fiscal year under section 5336 of title 5, United States Code) for such fiscal year; and (2) except as provided in subsection (b), during any sequestration period, an agency may not pay a performance award under section 5384 of title 5, United States Code, to the extent that such payment would cause the number of employees in the agency receiving such award during such period to exceed 33 percent of the total number of employees in the agency eligible to receive such award during such period. (b) Waivers.--For the purposes of any sequestration period-- (1) the head of any agency may, subject to approval by the Director of the Office of Personnel Management, waive the requirements of subsection (a)(2); and (2) the head of any agency may waive the requirements of subsection (a)(1) with respect to any employee if the requirements of such subsection would violate the terms of a collective bargaining agreement covering such employee, except that this paragraph shall not apply to any employee covered by a collective bargaining agreement that is renewed on or after the date of enactment of this title. (c) Notification.--In the case of an agency for which the Director of the Office of Personnel Management grants a waiver under subsection (b)(1), the agency shall notify the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate of the percentage of career appointees receiving performance awards under section 5384 of title 5, United States Code, and the dollar amount of each performance award. (d) Application.--This section shall apply to any discretionary monetary payment or performance award under section 5384 of title 5, United States Code, made on or after the date of enactment of this title. SEC. 103. REGULATIONS. The Office of Personnel Management may prescribe regulations to carry out this title. TITLE II--GOVERNMENT EMPLOYEE ACCOUNTABILITY SEC. 201. SUSPENSION FOR 14 DAYS OR LESS FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. Paragraph (1) of section 7501 of title 5, United States Code, is amended to read as follows: ``(1) `employee' means-- ``(A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; or ``(B) a career appointee in the Senior Executive Service who-- ``(i) has completed the probationary period prescribed under section 3393(d); or ``(ii) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service;''. SEC. 202. INVESTIGATIVE LEAVE AND TERMINATION AUTHORITY FOR SENIOR EXECUTIVE SERVICE EMPLOYEES. (a) In General.--Chapter 75 of title 5, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--INVESTIGATIVE LEAVE FOR SENIOR EXECUTIVE SERVICE EMPLOYEES ``Sec. 7551. Definitions ``For the purposes of this subchapter-- ``(1) `employee' has the meaning given such term in section 7541; and ``(2) `investigative leave' means a temporary absence without duty for disciplinary reasons, of a period not greater than 90 days. ``Sec. 7552. Actions covered ``This subchapter applies to investigative leave. ``Sec. 7553. Cause and procedure ``(a)(1) Under regulations prescribed by the Office of Personnel Management, an agency may place an employee on investigative leave, without loss of pay and without charge to annual or sick leave, only for misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) If an agency determines, as prescribed in regulation by the Office of Personnel Management, that such employee's conduct is flagrant and that such employee intentionally engaged in such conduct, the agency may place such employee on investigative leave under this subchapter without pay. ``(b)(1) At the end of each 45-day period during a period of investigative leave implemented under this section, the relevant agency shall review the investigation into the employee with respect to the misconduct, neglect of duty, malfeasance, or misappropriation of funds. ``(2) Not later than 5 business days after the end of each such 45- day period, the agency shall submit a report describing such review 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. ``(3) At the end of a period of investigative leave implemented under this section, the agency shall-- ``(A) remove an employee placed on investigative leave under this section; ``(B) suspend such employee without pay; or ``(C) reinstate or restore such employee to duty. ``(4) The agency may extend the period of investigative leave with respect to an action under this subchapter for an additional period not to exceed 90 days. ``(c) An employee against whom an action covered by this subchapter is proposed is entitled to, before being placed on investigative leave under this section-- ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines, as prescribed in regulation by the Office of Personnel Management, that the employee's conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct; ``(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; ``(3) be represented by an attorney or other representative; and ``(4) a written decision and specific reasons therefor at the earliest practicable date. ``(d) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (c)(2). ``(e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701. ``(f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request. ``SUBCHAPTER VII--REMOVAL OF SENIOR EXECUTIVE SERVICE EMPLOYEES ``Sec. 7561. Definition ``For purposes of this subchapter, the term `employee' has the meaning given such term in section 7541. ``Sec. 7562. Removal of Senior Executive Service employees ``(a) Notwithstanding any other provision of law and consistent with the requirements of subsection (b), the head of an agency may remove an employee for serious neglect of duty, misappropriation of funds, or malfeasance if the head of the agency-- ``(1) determines that the employee knowingly acted in a manner that endangers the interest of the agency mission; ``(2) considers the removal to be necessary or advisable in the interests of the United States; and ``(3) determines that the procedures prescribed in other provisions of law that authorize the removal of such employee cannot be invoked in a manner that the head of an agency considers consistent with the efficiency of the Government. ``(b) An employee may not be removed under this section-- ``(1) on any basis that would be prohibited under-- ``(A) any provision of law referred to in section 2302(b)(1); or ``(B) paragraphs (8) or (9) of section 2302(b); or ``(2) on any basis, described in paragraph (1), as to which any administrative or judicial proceeding-- ``(A) has been commenced by or on behalf of such employee; and ``(B) is pending. ``(c) An employee removed under this section shall be notified of the reasons for such removal. Within 30 days after the notification, the employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why the employee should be restored to duty. If such statements and affidavits are submitted, the head of the agency shall provide a written response, and may restore the employee's employment if the head of the agency chooses. ``(d) Whenever the head of the agency removes an employee under the authority of this section, the head of the agency shall notify Congress of such termination, and the specific reasons for the action. ``(e) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of this title. ``(f) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request. ``(g) A removal under this section does not affect the right of the employee affected to seek or accept employment with any other department or agency of the United States if that employee is declared eligible for such employment by the Director of the Office of Personnel Management. ``(h) The authority of the head of the agency under this section may not be delegated.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 75 of title 5, United States Code, is amended by adding after the item relating to section 7543 the following: ``subchapter vi--investigative leave for senior executive service employees ``7551. Definitions. ``7552. Actions covered. ``7553. Cause and procedure. ``subchapter vii--removal of senior executive service employees ``7561. Definition. ``7562. Removal of Senior Executive Service employees.''. SEC. 203. SUSPENSION OF SENIOR EXECUTIVE SERVICE EMPLOYEES. Section 7543 of title 5, United States Code, is amended-- (1) in subsection (a), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by amending paragraph (1) to read as follows: ``(1) at least 30 days' advance written notice, stating specific reasons for the proposed action, unless-- ``(A) there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed; or ``(B) the agency determines, as prescribed in regulation by the Office of Personnel Management, that the employee's conduct with respect to which an action covered by this subchapter is proposed is flagrant and that such employee intentionally engaged in such conduct;''. SEC. 204. MISAPPROPRIATION OF FUNDS AMENDMENTS. (a) Reinstatement in the Senior Executive Service.--Section 3593 of title 5, United States Code, is amended-- (1) in subsection (a)(2), by inserting ``misappropriation of funds,'' after ``malfeasance,''; and (2) in subsection (b), by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''. (b) Placement in Other Personnel Systems.--Section 3594(a) of title 5, United States Code, is amended by striking ``or malfeasance'' and inserting ``malfeasance, or misappropriation of funds''. TITLE III--CITIZEN EMPOWERMENT SEC. 301. AMENDMENTS. (a) In General.--Part III of title 5, United States Code, is amended by inserting after chapter 79 the following: ``CHAPTER 79A--SERVICES TO MEMBERS OF THE PUBLIC ``Sec. ``7921. Procedure for in-person and telephonic interactions conducted by Executive Branch employees. ``Sec. 7921. Procedure for in-person and telephonic interactions conducted by Executive Branch employees ``(a) Purpose.--The purpose of this section is to ensure that individuals have the right to record in-person and telephonic interactions with Executive agency employees and to ensure that individuals who are the target of enforcement actions conducted by Executive agency employees are notified of such right. ``(b) Definitions.--For purposes of this section-- ``(1) the term `telephonic' means by telephone or other similar electronic device; and ``(2) the term `employee' means an employee of an Executive agency. ``(c) Consent of Executive Agency Employees.--Participation by an employee, acting in an official capacity, in an in-person or telephonic interaction shall constitute consent by the employee to a recording of that interaction by any participant in the interaction. ``(d) Notice of Rights When Federal Employees Engaged in Certain Actions.--A notice of an individual's right to record conversations with employees shall be included in any written material provided by an Executive agency to the individual concerning an audit, investigation, inspection, or enforcement action that could result in the imposition of a fine, forfeiture of property, civil monetary penalty, or criminal penalty against, or the collection of an unpaid tax, fine, or penalty from, such individual or a business owned or operated by such individual. ``(e) Official Representative.--Any person who is permitted to represent before an Executive agency an individual under this section shall receive the same notice as required under subsection (d) with respect to such individual. ``(f) No Cause of Action.--This section does not create any express or implied private right of action. ``(g) Disciplinary Action.--An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law. ``(h) Public Information Concerning Right To Record.-- ``(1) Posting on agency web sites.--Within 180 days after the date of the enactment of this section, each Executive agency shall post prominently on its Web site information explaining the right of individuals to record interactions with employees. ``(2) OMB guidance.--Within 90 days after the date of the enactment of this section, the Office of Management and Budget shall issue guidance to Executive agencies concerning implementation of paragraph (1).''. (b) Clerical Amendment.--The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 79 the following: ``79A. Services to members of the public.................... 7921''. Passed the House of Representatives August 1, 2013. Attest: KAREN L. HAAS, Clerk.

. Stop Government Abuse Act - Title I: Common Sense In Compensation - (Sec. 102) Prohibits the payment of certain discretionary monetary payments or performance awards to federal employees during any period of sequestration. Allows the head of an agency to waive the prohibition: (1) relating to performance awards, subject to the approval of the Director of the Office of Personnel Management (OPM); and (2) relating to discretionary payments, if such prohibition would violate the terms of a collective bargaining agreement. Title II: Government Employee Accountability - (Sec. 202) Sets forth investigative leave requirements for federal employees in the competitive service and Senior Executive Service (SES) career employees. Defines "investigative leave" as a temporary absence without duty for disciplinary reasons, for up to 90 days. Authorizes a federal agency to place an employee on investigative leave: (1) without loss of pay and without charge to annual or sick leave only for misconduct, neglect of duty, malfeasance, or misappropriation of funds; or (2) without pay if such employee's conduct is determined to be flagrant and the employee engaged in such conduct intentionally. Requires an agency head to: (1) review the investigation into an employee's misconduct, neglect of duty, malfeasance, or misappropriation of funds at the end of each 45-day investigative period; (2) report on such review to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs not later than 5 business days after the end of each 45-day period; and (3) remove, suspend without pay, or reinstate or restore such employee to duty at the end of the investigative leave period. Allows an agency to extend a period of investigative leave for an additional period not to exceed 90 days. Grants an employee placed on investigative leave certain rights, including: (1) 30 days' advance written notice of, and a reasonable time (not less than 7 days) to answer, charges; (2) the right to be represented by an attorney; and (3) the right to appeal to the Merit Systems Protection Board (MSPB). Allows an agency head to remove an SES employee for serious neglect of duty, misappropriation of funds, or malfeasance if the agency head: (1) determines that the employee knowingly acted in a manner that endangers the interest of the agency mission, (2) considers the removal to be necessary or advisable in the interests of the United States, and (3) determines that other procedures authorizing removal are not efficient. Grants such employees notice and appeal rights. (Sec. 204) Includes misappropriation of funds as a ground in suspending or reinstating an SES employee or placing such employee in another civil service position. Title III: Citizen Empowerment - (Sec. 301) Grants individuals who are the target of enforcement actions by executive agency employees the right to record in-person and telephonic interactions. Requires that notice of such right be included in any written material provided to an individual concerning an audit, investigation, inspection, or enforcement action that could result in civil or criminal penalties or the collection of an unpaid tax. Requires each executive agency to post on its website information explaining the right of individuals to record interactions with agency employees.

Stop Government Abuse Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Seniors From Fraud Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Older Americans are among the most rapidly growing segments of our society. (2) Our Nation's elderly are too frequently the victims of violent crime, property crime, and consumer and telemarketing fraud. (3) The elderly are often targeted and retargeted in a range of fraudulent schemes. (4) The TRIAD program, originally sponsored by the National Sheriffs' Association, International Association of Chiefs of Police, and the American Association of Retired Persons unites sheriffs, police chiefs, senior volunteers, elder care providers, families, and seniors to reduce the criminal victimization of the elderly. (5) Congress should continue to support TRIAD and similar community partnerships that improve the safety and quality of life for millions of senior citizens. (6) There are few other community-based efforts that forge partnerships to coordinate criminal justice and social service resources to improve the safety and security of the elderly. (7) According to the National Consumers League, telemarketing fraud costs consumers nearly $40,000,000,000 each year. (8) Senior citizens are often the target of telemarketing fraud. (9) Fraudulent telemarketers compile the names of consumers who are potentially vulnerable to telemarketing fraud into the so- called ``mooch lists''. (10) It is estimated that 56 percent of the names on such ``mooch lists'' are individuals age 50 or older. (11) The Federal Bureau of Investigation and the Federal Trade Commission have provided resources to assist private-sector organizations to operate outreach programs to warn senior citizens whose names appear on confiscated ``mooch lists''. (12) The Administration on Aging was formed, in part, to provide senior citizens with the resources, information, and assistance their special circumstances require. (13) The Administration on Aging has a system in place to inform senior citizens of the dangers of telemarketing fraud. (14) Senior citizens need to be warned of the dangers of telemarketing fraud before they become victims of such fraud. SEC. 3. SENIOR FRAUD PREVENTION PROGRAM. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Attorney General $1,000,000 for each of the fiscal years 2001 through 2005 for programs for the National Association of TRIAD. (b) Comptroller General.--The Comptroller General of the United States shall submit to Congress a report on the effectiveness of the TRIAD program 180 days prior to the expiration of the authorization under this Act, including an analysis of TRIAD programs and activities; identification of impediments to the establishment of TRIADs across the Nation; and recommendations to improve the effectiveness of the TRIAD program. SEC. 4. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Assistant Secretary of Health and Human Services for Aging, shall provide to the Attorney General of each State and publicly disseminate in each State, including dissemination to area agencies on aging, information designed to educate senior citizens and raise awareness about the dangers of fraud, including telemarketing and sweepstakes fraud. (b) Information.--In carrying out subsection (a), the Secretary shall-- (1) inform senior citizens of the prevalence of telemarketing and sweepstakes fraud targeted against them; (2) inform senior citizens how telemarketing and sweepstakes fraud work; (3) inform senior citizens how to identify telemarketing and sweepstakes fraud; (4) inform senior citizens how to protect themselves against telemarketing and sweepstakes fraud, including an explanation of the dangers of providing bank account, credit card, or other financial or personal information over the telephone to unsolicited callers; (5) inform senior citizens how to report suspected attempts at or acts of fraud; (6) inform senior citizens of their consumer protection rights under Federal law; and (7) provide such other information as the Secretary considers necessary to protect senior citizens against fraudulent telemarketing and sweepstakes promotions. (c) Means of Dissemination.--The Secretary shall determine the means to disseminate information under this section. In making such determination, the Secretary shall consider-- (1) public service announcements; (2) a printed manual or pamphlet; (3) an Internet website; (4) direct mailings; and (5) telephone outreach to individuals whose names appear on so- called ``mooch lists'' confiscated from fraudulent marketers. (d) Priority.--In disseminating information under this section, the Secretary shall give priority to areas with high incidents of fraud against senior citizens. SEC. 5. STUDY OF CRIMES AGAINST SENIORS. (a) In General.--The Attorney General shall conduct a study relating to crimes against seniors, in order to assist in developing new strategies to prevent and otherwise reduce the incidence of those crimes. (b) Issues Addressed.--The study conducted under this section shall include an analysis of-- (1) the nature and type of crimes perpetrated against seniors, with special focus on-- (A) the most common types of crimes that affect seniors; (B) the nature and extent of telemarketing, sweepstakes, and repair fraud against seniors; and (C) the nature and extent of financial and material fraud targeted at seniors; (2) the risk factors associated with seniors who have been victimized; (3) the manner in which the Federal and State criminal justice systems respond to crimes against seniors; (4) the feasibility of States establishing and maintaining a centralized computer database on the incidence of crimes against seniors that will promote the uniform identification and reporting of such crimes; (5) the effectiveness of damage awards in court actions and other means by which seniors receive reimbursement and other damages after fraud has been established; and (6) other effective ways to prevent or reduce the occurrence of crimes against seniors. SEC. 6. INCLUSION OF SENIORS IN NATIONAL CRIME VICTIMIZATION SURVEY. Beginning not later than 2 years after the date of enactment of this Act, as part of each National Crime Victimization Survey, the Attorney General shall include statistics relating to-- (1) crimes targeting or disproportionately affecting seniors; (2) crime risk factors for seniors, including the times and locations at which crimes victimizing seniors are most likely to occur; and (3) specific characteristics of the victims of crimes who are seniors, including age, gender, race or ethnicity, and socioeconomic status. SEC. 7. STATE AND LOCAL GOVERNMENT OUTREACH. It is the sense of Congress that State and local governments should fully incorporate fraud avoidance information and programs into programs that provide assistance to the aging. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the Secretary of Health and Human Services, acting through the Assistant Secretary of Health and Human Services for Aging, to provide to the Attorney General of each State and to publicly disseminate in each State, including to area agencies on aging, information designed to educate senior citizens and raise awareness about the dangers of fraud, including telemarketing and sweepstakes fraud. Directs the Secretary to give priority, in disseminating information, to areas with high incidents of fraud against senior citizens. Directs the Attorney General to: (1) conduct a study to assist in developing new strategies to prevent and otherwise reduce the incidence of crimes against seniors; and (2) include as part of each National Crime Victimization Survey statistics related to crimes targeting or disproportionately affecting seniors, crime risk factors for seniors, and specific characteristics of the victims of crimes who are seniors. Expresses the sense of Congress that State and local governments should fully incorporate fraud avoidance information and programs into programs that provide assistance to the aging.

Protecting Seniors From Fraud Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Y2K State and Local Government Assistance Programs Act''. SEC. 2. AUTHORITY TO MAKE GRANTS. (a) In General.--From amounts made available to carry out this Act, the Secretary of Commerce may make grants under this Act only to States for carrying out activities described in section 3. (b) Time Limitation.--The Secretary may not make a grant under this Act after the expiration of the 2-year period beginning on the date of the enactment of this Act. (c) Numerical Limitations.--Of grants made under this Act during the period described in subsection (b), the Secretary may not make more than-- (1) 2 grants to any single State; and (2) 75 grants overall. SEC. 3. USE OF AMOUNTS. (a) Y2K Compliance Project.--Amounts received under a grant under this Act may be used only to carry out a project that meets the following requirements: (1) The project makes Y2K compliant the information technology used by a State or local government agency to administer one or more Federal, State, or local government programs. (2) The project uses amounts received under the grant to supplement and not to supplant the level of State and local funds that, in the absence of such amounts, would have been expended on efforts to achieve Y2K compliance. (3) The project meets such other requirements as the Secretary may prescribe. (b) Matching Requirement.-- (1) In general.--Subject to this subsection, each recipient shall, as a condition of receiving grant amounts under this Act, supplement the grant amounts received under this Act with an amount of funds from sources other than this Act that is not less than 50 percent of the grant amount received under this Act. (2) Supplemental funds.--In calculating the amount of supplemental funds under paragraph (1), a recipient may include the value of any donated material or building, the value of any lease on a building, and any salary paid to staff to carry out the Y2K compliance project. (3) Waiver for hardship.--The Secretary may waive or modify the matching requirement described in paragraph (1) in the case of any State that the Secretary determines would suffer undue hardship as a result of being subject to the requirement. SEC. 4. SELECTION CRITERIA. (a) In General.--The Secretary shall make grants under this Act in accordance with competitive criteria established by the Secretary, which shall include the need for and the feasibility of the proposed Y2K compliance project. (b) Priority.--The Secretary shall give priority to proposed projects that relate to making Y2K compliant the information technology used to administer Federal welfare programs. SEC. 5. APPLICATION. (a) In General.--The Secretary may make a grant under this Act only with respect to an application by a State for a grant under this Act that meets the following requirements: (1) The application is submitted through the executive office of the State. (2) The application is submitted to the Secretary within 45 days after the enactment of this Act. (3) The application contains a description of the proposed project, including a proposed budget and a request for a specific funding amount. (4) The application describes the manner in which the State proposes to satisfy the matching requirement described in section 3(b) or describes the circumstances justifying a determination that the State would suffer undue hardship as a result of being subject to the requirement. (5) The application contains such other information, assurances, and certifications as the Secretary may require. SEC. 6. REPORTS. (a) By Grant Recipients.--Each recipient of grant amounts under this Act shall submit to the Secretary each year a report that-- (1) describes the status and results of the Y2K compliance project for which the grant was made; (2) includes an independent evaluation of the project; and (3) contains such other information as the Secretary may require. (b) By Secretary.--Not later than 90 days after the expiration of the 2-year period beginning on the date of the enactment of this Act, the Secretary shall submit to Congress a final report describing and evaluating the activities carried out under this Act. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (2) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (3) Welfare program.--The term ``welfare program'' means one or more of the following programs: (A) TANF.--A State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (B) Medicaid.--The program of medical assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (C) Food stamps.--The food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)). (D) WIC.--The program of assistance under the special supplemental nutrition program for women, infants and children (WIC) under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (E) Child support enforcement.--The child support and paternity establishment program established under part D of title IV of the Social Security Act (42 U.S.C. 651 et seq.). (F) Child welfare.--A child welfare program or a program designed to promote safe and stable families established under subpart 1 or 2 of part B of title IV of the Social Security Act (42 U.S.C. 620 et seq.). (G) Child care.--The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) (including funding provided under section 418 of the Social Security Act (42 U.S.C. 618)). (4) Y2K compliant.--The term ``Y2K compliant'' means, with respect to information technology, that the information technology accurately processes (including calculating, comparing, and sequencing) date and time data from, into, and between the 20th and 21st centuries and the years 1999 and 2000, and leap year calculations, to the extent that other information technology properly exchanges date and time data with it. SEC. 8. REGULATIONS. The Secretary shall issue any regulations necessary to carry out this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act, $40,000,000 for fiscal years 1999 to 2001 funded from the Y2K Emergency Supplemental Funds appropriated in the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681).

Y2K State and Local Government Assistance Programs Act - Authorizes the Secretary of Commerce to make up to 75 grants to States (not more than two to any State) to carry out projects that: (1) make Y2K compliant the information technology used by a State or local government to administer one or more Federal, State, or local programs; and (2) use amounts received under the grant to supplement and not to supplant the level of State and local funds that would have been expended on efforts to achieve Y2K compliance. Requires each recipient to supplement the grant amounts received with an amount of funds from sources other than this Act that is 50 percent of the grant amount received. Allows the Secretary to waive or modify such matching requirement for any State that he or she determines would suffer undue hardship. (Sec. 4) Requires the Secretary to: (1) make such grants in accordance with competitive criteria which shall include the need for and the feasibility of the proposed Y2K compliance project; and (2) give priority to projects that relate to making Y2K compliant the information technology used to administer Federal welfare programs. (Sec. 5) Sets forth grant application requirements. (Sec. 6) Requires each recipient of grant amounts to submit annually to the Secretary a report that: (1) describes the status and results of the Y2K compliance project for which the grant was made; and (2) includes an independent evaluation of such project. Requires the Secretary to submit a final report to Congress describing and evaluating the activities carried out under this Act. (Sec. 9) Authorizes appropriations.

Y2K State and Local Government Assistance Programs Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Whistleblower Improvements Act of 2017''. SEC. 2. WHISTLEBLOWER REFORMS. (a) Modifications to Disclosure Rules for Whistleblowers.-- (1) In general.--Section 6103(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(13) Disclosure to whistleblowers.-- ``(A) In general.--The Secretary may disclose, to any individual providing information relating to any purpose described in paragraph (1) or (2) of section 7623(a), return information related to the investigation of any taxpayer with respect to whom the individual has provided such information, but only to the extent that such disclosure is necessary in obtaining information, which is not otherwise reasonably available, with respect to the correct determination of tax liability for tax, or the amount to be collected with respect to the enforcement of any other provision of this title. ``(B) Updates on whistleblower investigations.--The Secretary shall disclose to an individual providing information relating to any purpose described in paragraph (1) or (2) of section 7623(a) the following: ``(i) Not later than 30 days after a case for which the individual has provided information has been referred for an audit or examination, a notice with respect to such referral. ``(ii) Not later than 30 days after a taxpayer with respect to whom the individual has provided information has made a payment of tax with respect to tax liability to which such information relates, a notice with respect to such payment. ``(iii) Subject to such requirements and conditions as are prescribed by the Secretary, upon a written request by such individual-- ``(I) information on the status and stage of any investigation or action related to such information, and ``(II) in the case of a determination of the amount of any award under section 7623(b), the reasons for such determination. Clause (iii) shall not apply to any information if the Secretary determines that disclosure of such information would seriously impair Federal tax administration. Information described in clauses (i), (ii), and (iii) may be disclosed to a designee of the individual providing such information in accordance with guidance provided by the Secretary.''. (2) Conforming amendments.-- (A) Confidentiality of information.--Section 6103(a)(3) of such Code is amended by striking ``subsection (k)(10)'' and inserting ``paragraph (10) or (13) of subsection (k)''. (B) Penalty for unauthorized disclosure.--Section 7213(a)(2) of such Code is amended by striking ``(k)(10)'' and inserting ``(k)(10) or (13)''. (C) Coordination with authority to disclose for investigative purposes.--Section 6103(k)(6) of such Code is amended by adding at the end the following new sentence: ``This paragraph shall not apply to any disclosure to an individual providing information relating to any purpose described in paragraph (1) or (2) of section 7623(a) which is made under paragraph (13)(A).''. (b) Protection Against Retaliation.--Section 7623 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Civil Action To Protect Against Retaliation Cases.-- ``(1) Anti-retaliation whistleblower protection for employees.--No employer or any officer, employee, contractor, subcontractor, or agent of such employer may discharge, demote, suspend, threaten, harass, or in any other manner discriminate against an employee in the terms and conditions of employment (including through an act in the ordinary course of such employee's duties) in reprisal for any lawful act done by the employee-- ``(A) to provide information, cause information to be provided, or otherwise assist in an investigation regarding underpayment of tax or any conduct which the employee reasonably believes constitutes a violation of the internal revenue laws or any provision of Federal law relating to tax fraud, when the information or assistance is provided to the Internal Revenue Service, the Secretary of the Treasury, the Treasury Inspector General for Tax Administration, the Comptroller General of the United States, the Department of Justice, the United States Congress, a person with supervisory authority over the employee, or any other person working for the employer who has the authority to investigate, discover, or terminate misconduct, or ``(B) to testify, participate in, or otherwise assist in any administrative or judicial action taken by the Internal Revenue Service relating to an alleged underpayment of tax or any violation of the internal revenue laws or any provision of Federal law relating to tax fraud. ``(2) Enforcement action.-- ``(A) In general.--A person who alleges discharge or other reprisal by any person in violation of paragraph (1) may seek relief under paragraph (3) by-- ``(i) filing a complaint with the Secretary of Labor, or ``(ii) if the Secretary of Labor has not issued a final decision within 180 days of the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, bringing an action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. ``(B) Procedure.-- ``(i) In general.--An action under subparagraph (A)(ii) shall be governed under the rules and procedures set forth in section 42121(b) of title 49, United States Code. ``(ii) Exception.--Notification made under section 42121(b)(1) of title 49, United States Code, shall be made to the person named in the complaint and to the employer. ``(iii) Burdens of proof.--An action brought under subparagraph (A)(ii) shall be governed by the legal burdens of proof set forth in section 42121(b) of title 49, United States Code, except that in applying such section-- ``(I) `behavior described in paragraph (1)' shall be substituted for `behavior described in paragraphs (1) through (4) of subsection (a)' each place it appears in paragraph (2)(B) thereof, and ``(II) `a violation of paragraph (1)' shall be substituted for `a violation of subsection (a)' each place it appears. ``(iv) Statute of limitations.--A complaint under subparagraph (A)(i) shall be filed not later than 180 days after the date on which the violation occurs. ``(v) Jury trial.--A party to an action brought under subparagraph (A)(ii) shall be entitled to trial by jury. ``(3) Remedies.-- ``(A) In general.--An employee prevailing in any action under paragraph (2)(A) shall be entitled to all relief necessary to make the employee whole. ``(B) Compensatory damages.--Relief for any action under subparagraph (A) shall include-- ``(i) reinstatement with the same seniority status that the employee would have had, but for the reprisal, ``(ii) the sum of 200 percent of the amount of back pay and 100 percent of all lost benefits, with interest, and ``(iii) compensation for any special damages sustained as a result of the reprisal, including litigation costs, expert witness fees, and reasonable attorney fees. ``(4) Rights retained by employee.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law, or under any collective bargaining agreement. ``(5) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration of disputes.-- ``(A) Waiver of rights and remedies.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. ``(B) Predispute arbitration agreements.--No predispute arbitration agreement shall be valid or enforceable, if the agreement requires arbitration of a dispute arising under this subsection.''. (c) Effective Date.-- (1) In general.--The amendments made by subsection (a) shall apply to disclosures made after the date of the enactment of this Act. (2) Civil protection.--The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.

IRS Whistleblower Improvements Act of 2017 This bill amends the Internal Revenue Code (IRC), with respect to whistle-blowers, to establish rules regarding the disclosure of tax return information and retaliation by employers. The Internal Revenue Service (IRS) may disclose tax return information to whistle-blowers if: (1) the information is related to the investigation of any taxpayer with respect to whom the whistle-blower has provided information; and (2) the disclosure is necessary to obtain information, which is not otherwise reasonably available, with respect to the correct determination of tax liability or the amount to be collected with respect to the enforcement of any other provision of the IRC. The bill also: (1) requires the IRS to provide updates to whistle-blowers regarding investigations, and (2) subjects whistle-blowers who receive tax return information to criminal penalties for the unauthorized disclosure of taxpayer information. An employer or any officer, employee, contractor, subcontractor, or agent of the employer may not retaliate against an employee for certain lawful activities related to alleged underpayments of taxes or violations of tax law. The specified activities include: (1) providing certain information or assistance to federal agencies or Congress; and (2) testifying, participating in, or otherwise assisting in IRS actions. The bill also specifies: (1) enforcement actions that may be brought before the Department of Labor or in federal court to enforce the laws against retaliation, (2) procedures that apply to the actions, and (3) remedies that must be provided to employees that prevail in the actions.

IRS Whistleblower Improvements Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Survivors Protection Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Administrative Office of the United States Courts. (2) Judicial official.--The term ``judicial official'' means an individual who is a judicial official, as defined in section 376(a) of title 28, United States Code, on the date of enactment of this Act. (3) Judicial survivors' annuities fund.--The term ``Judicial Survivors' Annuities Fund'' means the fund established under section 3 of the Judicial Survivors' Annuities Reform Act (28 U.S.C. 376 note; Public Law 94-554; 90 Stat. 2611). (4) Judicial survivors' annuities system.--The term ``Judicial Survivors' Annuities System'' means the program established under section 376 of title 28, United States Code. (5) Open enrollment period.--The term ``open enrollment period'' means the 6-month period beginning on the 30th day after the date of enactment of this Act. SEC. 3. PERSONS NOT CURRENTLY PARTICIPATING IN THE JUDICIAL SURVIVORS' ANNUITIES SYSTEM. (a) Election of Judicial Survivors' Annuities System Coverage.--Any judicial official may elect to participate in the Judicial Survivors' Annuities System during the open enrollment period. (b) Manner of Making Elections.--An election under this section is valid only if it is made in writing, is signed by the person making the election, and is received by the Director before the end of the open enrollment period. (c) Effective Date for Elections.--An election under this section shall be effective as of the first day of the first calendar month following the month in which the election is received by the Director under subsection (b). SEC. 4. JUDICIAL OFFICERS' CONTRIBUTIONS FOR OPEN ENROLLMENT ELECTION. (a) Contribution Rate.--Any judicial official who files a written election under section 3(b), during the open enrollment period, of his or her intention to participate in the Judicial Survivors' Annuities System shall be deemed thereby to consent and agree to having deducted from his or her salary a sum equal to 2.75 percent of that salary and a sum equal to 3.5 percent of his or her retirement salary, except that the deduction from any retirement salary-- (1) of a justice or judge of the United States retired from regular active service under section 371(b) or 372(a) of title 28, United States Code, (2) of a judge of the United States Court of Federal Claims retired under section 178 of title 28, United States Code, or (3) of a judicial official on recall under section 155(b), 373(c)(4), 375, or 636(h) of title 28, United States Code, shall be an amount equal to 2.75 percent of retirement salary. (b) Contributions To Be Credited to Judicial Survivors' Annuities Fund.--Contributions made under subsection (a) shall be credited to the Judicial Survivors' Annuities Fund. SEC. 5. DEPOSIT FOR PRIOR CREDITABLE SERVICE. (a) Lump Sum Deposit.--Any judicial official who files a written election under section 3(b), during the open enrollment period, of his or her intention to participate in the Judicial Survivors' Annuities System may make a deposit equaling 2.75 percent of salary, plus 3 percent interest, compounded annually, for the last 18 months of creditable civilian service, as computed in accordance with section 376(k) of title 28, United States Code, in order to receive the credit for prior judicial service required for the payment of a survivor's annuity (under section 376 of such title) beginning on the date of death of the judicial official. Any such deposit shall be made on or before the last day of the open enrollment period. (b) Deposits To Be Credited to Judicial Survivors' Annuities Fund.--Deposits made under subsection (a) shall be credited to the Judicial Survivors' Annuities Fund. SEC. 6. VOLUNTARY CONTRIBUTIONS TO ENLARGE SURVIVORS' ANNUITY. Section 376 of title 28, United States Code, is amended by adding at the end the following: ``(y) Purchase of Additional Coverage.-- ``(1) For those already enrolled.--Any judicial official who is enrolled in the Judicial Survivors' Annuities System, other than a judicial official to whom paragraph (2) applies, may purchase, in 3-month increments, for each year of creditable service completed, up to an additional year of creditable service, under the terms set forth in subsection (b) of this section. This paragraph applies to a judicial official without regard to any contributions made by such official under subsection (d). ``(2) For those enrolled under judicial survivors protection act of 2009.--Any judicial official who elects to enroll in the Judicial Survivors' Annuities System during the open enrollment period authorized under the Judicial Survivors Protection Act of 2009 may purchase, in 3-month increments, for each year of creditable service completed, up to an additional year of creditable service, under the terms set forth in section 4(a) of that Act. ``(3) Definitions.--In this subsection: ``(A) Judicial survivors' annuities system.--The term `Judicial Survivors' Annuities System' means the annuity program established under this section. ``(B) Creditable service.--The term `creditable service' means the service rendered by a judicial official in any position described in paragraph (1) of subsection (a).''. SEC. 7. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect on the date of enactment of this Act.

Judicial Survivors Protection Act of 2009 - Authorizes a six-month open enrollment period starting 30 days after enactment of this Act for a federal judicial official to opt into the Judicial Survivors' Annuities System and begin contributing toward an annuity for his or her surviving spouse and dependent children. Allows judicial officials enrolled in the System before or after enactment of this Act to purchase, in three-month increments, up to an additional year of service credit for each year of federal judicial service completed.

To amend title 28, United States Code, to provide for a 6-month period for Federal judges to opt into the Judicial Survivors' Annuities System and begin contributing toward an annuity for their spouse and dependent children upon their death, and for other purposes.

SECTION 1. ESTABLISHMENT OF NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE. (a) In General.--Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended-- (1) by striking section 404E; and (2) in part E, by adding at the end the following: ``Subpart 5--National Center for Complementary and Alternative Medicine ``SEC. 485D. PURPOSE OF CENTER. ``(a) In General.--The general purposes of the National Center for Complementary and Alternative Medicine (in this subpart referred to as the `Center') are the conduct and support of basic and applied research (including both intramural and extramural research), research training, the dissemination of health information, and other programs with respect to identifying, investigating, and validating complementary and alternative treatment, diagnostic and prevention modalities, disciplines and systems. The Center shall be headed by a director, who shall be appointed by the Secretary. The Director of the Center shall report directly to the Director of NIH. ``(b) Advisory Council.--The Secretary shall establish an advisory council for the Center in accordance with section 406, except that at least half of the members of the advisory council who are not ex officio members shall include practitioners licensed in one or more of the major systems with which the Center is concerned, and at least 3 individuals representing the interests of individual consumers of complementary and alternative medicine. ``(c) Complement to Conventional Medicine.--In carrying out subsection (a), the Director of the Center shall, as appropriate, study the integration of alternative treatment, diagnostic and prevention systems, modalities, and disciplines with the practice of conventional medicine as a complement to such medicine and into health care delivery systems in the United States. ``(d) Appropriate Scientific Expertise and Coordination With Institutes and Federal Agencies.--The Director of the Center, after consultation with the advisory council for the Center and the division of research grants, shall ensure that scientists with appropriate expertise in research on complementary and alternative medicine are incorporated into the review, oversight, and management processes of all research projects and other activities funded by the Center. In carrying out this subsection, the Director of the Center, as necessary, may establish review groups with appropriate scientific expertise. The Director of the Center shall coordinate efforts with other Institutes and Federal agencies to ensure appropriate scientific input and management. ``(e) Evaluation of Various Disciplines and Systems.--In carrying out subsection (a), the Director of the Center shall identify and evaluate alternative and complementary medical treatment, diagnostic and prevention modalities in each of the disciplines and systems with which the Center is concerned, including each discipline and system in which accreditation, national certification, or a State license is available. ``(f) Ensuring High Quality, Rigorous Scientific Review.--In order to ensure high quality, rigorous scientific review of complementary and alternative, diagnostic and prevention modalities, disciplines and systems, the Director of the Center shall conduct or support the following activities: ``(1) Outcomes research and investigations. ``(2) Epidemiological studies. ``(3) Health services research. ``(4) Basic science research. ``(5) Clinical trials. ``(6) Other appropriate research and investigational activities. The Director of NIH, in coordination with the Director of the Center, shall designate specific personnel in each Institute to serve as full- time liaisons with the Center in facilitating appropriate coordination and scientific input. ``(g) Data System; Information Clearinghouse.-- ``(1) Data system.--The Director of the Center shall establish a bibliographic system for the collection, storage, and retrieval of worldwide research relating to complementary and alternative treatment, diagnostic and prevention modalities, disciplines and systems. Such a system shall be regularly updated and publicly accessible. ``(2) Clearinghouse.--The Director of the Center shall establish an information clearinghouse to facilitate and enhance, through the effective dissemination of information, knowledge and understanding of alternative medical treatment, diagnostic and prevention practices by health professionals, patients, industry, and the public. ``(h) Research Centers.-- ``(1) In general.--The Director of the Center, after consultation with the advisory council for the Center, shall provide support for the development and operation of multipurpose centers to conduct research and other activities described in subsection (a) with respect to complementary and alternative treatment, diagnostic and prevention modalities, disciplines and systems. The provision of support for the development and operation of such centers shall include accredited complementary and alternative medicine research and education facilities. ``(2) Requirements.--Each center assisted under paragraph (1) shall use the facilities of a single entity, or be formed from a consortium of cooperating entities, and shall meet such requirements as may be established by the Director of the Center. Each such center shall-- ``(A) be established as an independent entity; or ``(B) be established within or in affiliation with an entity that conducts research or training described in subsection (a). ``(3) Duration of support.--Support of a center under paragraph (1) may be for a period not exceeding 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Director of the Center and if such group has recommended to the Director that such period should be extended. ``(i) Biennial Report.--The Director of the Center shall prepare biennial reports on the activities carried out or to be carried out by the Center, and shall submit each such report to the Director of NIH for inclusion in the biennial report under section 403. ``(j) Availability of Resources.--After consultation with the Director of the Center, the Director of NIH shall ensure that resources of the National Institutes of Health, including laboratory and clinical facilities, fellowships (including research training fellowship and junior and senior clinical fellowships), and other resources are sufficiently available to enable the Center to appropriately and effectively carry out its duties as described in subsection (a). The Director of NIH, in coordination with the Director of the Center, shall designate specific personnel in each Institute to serve as full-time liaisons with the Center in facilitating appropriate coordination and scientific input. ``(k) Authorization of Appropriations.--For the purpose of carrying out this subpart, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1999 through 2003. Amounts appropriated under this subsection for fiscal year 1999 are available for obligation through September 30, 2001. Amounts appropriated under this subsection for fiscal year 2000 are available for obligation through September 30, 2001.''. (b) Savings Provision.--All officers and employees employed in the Office of Alternative Medicine on the day before the date of the enactment of this Act (pursuant to section 404E of the Public Health Service Act, as in effect on such day) are transferred to the National Center for Complementary and Alternative Medicine. Such transfer does not affect the status of any such officer or employee (except to the extent that the amendments made by subsection (a) affect the authority to make appointments to employment positions). All funds available on such day for such Office are transferred to such Center, and the transfer does not affect the availability of funds for the purposes for which the funds were appropriated (except that such purposes shall apply with respect to the Center to the same extent and in the same manner as the purposes applied with respect to the Office). All other legal rights and duties with respect to the Office are transferred to the Center, and continue in effect in accordance with their terms. (c) Technical and Conforming Amendments.--Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by subsection (a), is amended-- (1) in section 401(b)(2), by amending subparagraph (E) to read as follows: ``(E) The National Center for Complementary and Alternative Medicine.''; and (2) in section 402, by redesignating subsections (g) through (k) as subsections (f) through (j), respectively.

Amends the Public Health Service Act to repeal provisions regarding the Office of Alternative Medicine. Establishes a National Center for Complementary and Alternative Medicine as a National Institutes of Health (NIH) agency, to be headed by a Director appointed by the Secretary of Health and Human Services. Requires the Director of the Center to study the integration of alternative treatment, diagnostic and prevention systems, modalities, and disciplines with the practice of conventional medicine as a complement to such medicine and into U.S. health care delivery systems. Sets forth additional responsibilities of the Director, including the establishment of an advisory council, a bibliographic system for the collection of worldwide research relating to complementary and alternative medicine, a related information clearinghouse, and multipurpose research centers. Requires the Director to submit biennial activity reports to the Director of NIH. Authorizes appropriations for the Center for FY 1999 through 2003. Transfers current employees and funds of the Office of Alternative Medicine to the Center.

A bill to establish within the National Institutes of Health an agency to be known as the National Center for Complementary and Alternative Medicine.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Shipper Fairness Act of 2017''. SEC. 2. IMPROVING RAIL SERVICE. (a) Common Carrier Obligations.--Section 11101(a) of title 49, United States Code, is amended by inserting ``, as necessary for the efficient and reliable transportation based on the shipper's reasonable service requirements,'' after ``the transportation or service''. (b) Emergency Service Orders.--Section 11123(b) of such title is amended by adding at the end the following: ``(4) The Board may issue emergency service orders that include shipments moving under contract if such shipments are part of a regional service order issued in accordance with this section.''. (c) Reports.--Section 11145(a) of such title is amended-- (1) in paragraph (1), by striking ``and'' at the end; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following: ``(2) reports, service plans, or other documents that cover shipments moving under contract if such shipments are part of a general report, service plan, or other document that generally covers the geographic area or commodity; and''. (d) Equitable Relief; Damages.--Section 11704 of such title is amended-- (1) in subsection (a), by inserting ``or subjected to inadequate or deficient service'' after ``injured''; (2) by amending subsection (b) to read as follows: ``(b) A rail carrier providing transportation subject to the jurisdiction of the Board under this part is liable-- ``(1) for damages sustained by a person as a result of an act or omission of that carrier in violation of this part; ``(2) to a person for amounts charged to that person that exceed the applicable rate for the transportation; and ``(3) to a person for damages or equitable relief as a result of inadequate or deficient service in violation of this part.''; and (3) in subsection (c), by adding at the end the following: ``(3) The Board may order a rail carrier to pay damages or to provide equitable relief, as appropriate, to a person subjected to inadequate or deficient service as a result of a violation of this part by that carrier.''. (e) Civil Penalties.--Section 11901 of such title is amended-- (1) in subsection (a), by striking ``$5,000'' and inserting ``$25,000''; (2) in subsection (c), by striking ``$5,000'' and inserting ``$25,000''; and (3) in subsection (e), by striking ``$100'' each place such term appears and inserting ``$1,000''. SEC. 3. IMPROVING RAIL COMPETITION. (a) Rail Transportation Policy.--Section 10101 of title 49, United States Code, is amended-- (1) by redesignating paragraphs (14) and (15) as paragraphs (15) and (16), respectively; and (2) by inserting after paragraph (13) the following: ``(14) to provide for and promote the protection of the shipping public;''. (b) Rates.--Section 10705 of such title is amended by adding at the end the following: ``(d) Shippers may obtain rates to or from any interchange points of two or more rail carriers.''. (c) Market Dominance.--Section 10707 of such title is amended-- (1) in subsection (a)-- (A) by striking ``In this section, `market dominance' means'' and inserting the following: ``(a) In this section: ``(1) `effective competition' only includes modes of transportation with existing and supporting infrastructure; and ``(2) `market dominance' means''; and (2) in subsection (b)-- (A) by inserting ``A rail carrier could have market dominance even in circumstances in which a shipper is served by two carriers.'' after ``the rate applies.''; and (B) by striking ``rate or transportation'' and inserting ``rate for transportation''. (d) Terminal Facilities.--Section 11102(c) of such title is amended to read as follows: ``(c)(1) Except as provided in paragraph (2), the Board shall require a Class I rail carrier to enter into a competitive switching agreement if a shipper or receiver, or a group of shippers or receivers, files a petition with the Board that demonstrates, to the satisfaction of the Board, that-- ``(A) the facilities of the shipper or receiver for whom such switching is sought are served by rail only by a single, Class I rail carrier; and ``(B) subject to paragraph (3), there is, or can be a working interchange between-- ``(i) the Class I rail carrier serving the shipper or receiver for whom such switching is sought; and ``(ii) another rail carrier within a reasonable distance of the facilities of such shipper or receiver. ``(2) Competitive switching may not be imposed under this subsection if-- ``(A) either rail carrier between which such switching is to be established demonstrates that the proposed switching is not feasible or is unsafe; or ``(B) the presence of reciprocal switching will unduly restrict the ability of a rail carrier to serve its own shippers. ``(3) The requirement set forth in paragraph (1)(B) is satisfied if each facility of the shipper or receiver for which competitive switching is sought is-- ``(A) within the boundaries of a terminal of the Class I rail carrier; or ``(B) within a 100-mile radius of an interchange between the Class I rail carrier and another carrier at which rail cars are regularly switched.''. SEC. 4. IMPROVING REASONABLE RATE STANDARDS. (a) Benchmark-Based Rate Reasonableness Standard.--Section 10701(d) of title 49, United States Code, is amended by adding at the end the following: ``(4)(A) Not later than 90 days after the date of the enactment of this paragraph, the Board shall initiate a rulemaking proceeding to develop a methodology for determining the reasonableness of challenged rail rates based on competitive rate benchmarking that predicts a competitive rate level based upon econometric models. ``(B) Rather than utilizing its existing Three-Benchmark Methodology, the Board shall develop a methodology that considers competitive markets or a proxy of such markets. ``(C) In determining the reasonableness of a challenged rate under the new benchmarking methodology developed under this paragraph, the Board shall presume that a rate above the benchmark rate level is unreasonable unless the rail carrier proves that the margin above the competitive rate benchmark is necessary to allow the rail carrier to earn adequate revenues. ``(D) Relief under the new benchmarking method shall have no monetary limit, but any rate prescription set by the Board shall remain in effect not less than 5 years. ``(E) The Board's rulemaking under this paragraph shall set a standard procedural schedule for such cases, subject to necessary adjustments in particular adjudications, which may not exceed 365 days.''. (b) Stand-Alone Cost Cases.--Section 10702 of such title is amended-- (1) by inserting ``(a)'' before ``A rail carrier''; and (2) by adding at the end the following: ``(b)(1) The Board shall prohibit a rail carrier providing transportation subject to the jurisdiction of the Board under this part to change the challenged rate for providing such transportation to rail customers while a maximum reasonable rate case brought by such rail customers is pending before the Board. ``(2) A rail customer may file a maximum reasonable rate case with the Board after the date that is 2 years before the date on which a common carrier shipment rate is anticipated to begin. ``(3) The Board may not use cross-subsidy tests in deciding stand- alone cost cases. ``(4) The Board shall use a market-based revenue divisions methodology in deciding stand-alone cost cases. ``(5) In a stand-alone cost case, if the Board determines that the rail carrier is revenue adequate, the rail carrier shall have the burden of proof to demonstrate that the railroad carrier is charging a reasonable rate.''. (c) Conforming Amendment.--Section 10704 of such title is amended-- (1) by striking subsection (c); and (2) by redesignating subsection (d) as subsection (c). (d) Market Dominance.--Section 10707 of such title, as amended by section 3(c), is further amended-- (1) in subsection (d)(1)(B), by adding at the end the following ``A shipper may introduce movement-specific Uniform Rail Costing System cost calculations.''; and (2) by adding at the end the following: ``(e) In making a determination under this section, the Board may not utilize a qualitative analysis in which the Board attempts to identify any feasible transportation alternatives that could be used by the shipper.''. SEC. 5. PROTECTIONS FROM UNREASONABLE PRACTICES. Section 10701 of title 49, United States Code, is amended by adding at the end the following: ``(e)(1) A rail carrier providing transportation subject to the jurisdiction of the Board under this part may not use an index when establishing fuel surcharges. ``(2) Any fuel surcharges imposed by the rail carrier shall be directly accounted for by changes to the carrier's actual fuel prices. The carrier's fuel surcharge may not be greater than the amount necessary to recover the carrier's incremental fuel cost increases. ``(3) The Board is authorized to require any rail carrier to report actual fuel prices as necessary to carry out the purposes of this subsection. ``(4) A shipper may challenge a fuel surcharge as an unreasonable practice under section 10702(2) if such charges, as applied to that shipper, exceed the carrier's incremental fuel costs.''. SEC. 6. REVENUE ADEQUACY. (a) Elimination of Revenue Adequacy Test.--Section 10704(a) of title 49, United States Code, is amended by striking paragraph (3). (b) Railroad Cost of Capital.--Section 10704(a) of such title, as amended by subsection (a), is further amended by adding at the end the following: ``(3) In calculating a rail carrier's cost of capital, the Board shall multiply the value of the capital by the sum of-- ``(A) the current annual yield on a 10-year United States Treasury Bond; and ``(B) a prospective market risk premium, which shall not exceed 5 percent per year.''.

Rail Shipper Fairness Act of 2017 This bill amends federal transportation law to: (1) require rail transportation service to be efficient and reliable based on a shipper's reasonable service requirements, and (2) expand enumerated U.S. transportation policies to provide for and promote the protection of the shipping public. The Surface Transportation Board (STB) may: issue emergency service orders that include rail carrier shipments moving under contract if such shipments are part of a regional service order; and require reports, service plans, or other documents that cover shipments moving under contract. Rail carriers shall be liable for damages or equitable relief as a result of inadequate or deficient service. Civil penalties for rail carriers who violate certain federal requirements are increased from $5,000 to $25,000 per violation. The bill allows shippers to obtain rates to or from any interchange points within 100 miles of two or more rail carriers (i.e., competitive switching). The STB shall initiate a rulemaking proceeding to develop a market-based revenue methodology for determining the reasonableness of challenged rail rates. A rail carrier must compute fuel surcharges in accordance with changes in actual fuel prices, rather than using an index. The STB must: (1) suspend collection of rate increases in stand-alone cost cases while a rate case is pending, and (2) replace its revenue adequacy test for rail carriers with a formula for calculating a carrier's cost of capital.

Rail Shipper Fairness Act of 2017

SECTION 1. ADDITIONAL LAND FOR GRAND RONDE RESERVATION. Section 1 of Public Law 100-425 (commonly known as the ``Grand Ronde Reservation Act'') (25 U.S.C. 713f note; 102 Stat. 1594; 104 Stat. 207; 108 Stat. 708; 108 Stat. 4566; 112 Stat. 1896), is amended-- (1) in subsection (a)-- (A) in the first sentence-- (i) by striking ``Subject to valid existing rights, including (but not limited to) all'' and inserting the following: ``(1) In general.--Subject to valid existing rights, including all''; and (ii) by inserting ``(referred to in this Act as the `Tribes')'' before the period at the end; (B) in the second sentence, by striking ``Such land'' and inserting the following: ``(2) Treatment.--The land referred to in paragraph (1)''; and (C) by adding at the end the following: ``(3) Additional trust acquisitions.-- ``(A) In general.--The Secretary may accept title in and to any additional real property located within the boundaries of the original 1857 reservation of the Tribes (as established by the Executive order dated June 30, 1857, and comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if that real property is conveyed or otherwise transferred to the United States by, or on behalf of, the Tribes. ``(B) Treatment of trust land.-- ``(i) In general.--An application to take land into trust within the boundaries of the original 1857 reservation of the Tribes shall be treated by the Secretary as an on-reservation trust acquisition. ``(ii) Gaming.-- ``(I) In general.--Except as provided in subclause (II), real property taken into trust pursuant to this paragraph shall not be eligible, or used, for any class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). ``(II) Exception.--Subclause (I) shall not apply to any real property located within 2 miles of the gaming facility in existence on the date of enactment of this paragraph located on State Highway 18 in the Grand Ronde community, Oregon. ``(C) Reservation.--All real property taken into trust within the boundaries described in subparagraph (A) at any time after September 9, 1988, shall be considered to be a part of the reservation of the Tribes.''; and (2) in subsection (c)-- (A) in the matter preceding the table, by striking ``in subsection (a) are approximately 10,311.60'' and inserting ``in subsection (a)(1) are the approximately 11,349.92''; and (B) by striking the table and inserting the following: ``South West Section Subdivision Acres 4 8 36 SE\1/4\ SE\1/4\ 40 4 7 31 Lots 1,2, NE\1/4\, E\1/ 320.89 2\ NW\1/4\ 5 7 6 All 634.02 5 7 7 All 638.99 5 7 18 Lots 1 & 2, NE\1/4\, 320.07 E\1/2\ NW\1/4\ 5 8 1 SE\1/4\ 160 5 8 3 All 635.60 5 8 7 All 661.75 5 8 8 All 640 5 8 9 All 640 5 8 10 All 640 5 8 11 All 640 5 8 12 All 640 5 8 13 All 640 5 8 14 All 640 5 8 15 All 640 5 8 16 All 640 5 8 17 All 640 6 8 1 SW\1/4\ SW\1/4\, W\1/2\ 53.78 SE\1/4\ SW\1/4\ 6 8 1 S\1/2\ E\1/2\ SE\1/4\ 10.03 SW\1/4\ 6 7 7, 8, Former tax lot 800, 5.55 17, 18 located within the SE\1/4\ SE\1/4\ of sec. 7; SW\1/4\ SW\1/ 4\ of sec. 8; NW\1/4\ NW\1/4\ of sec. 17; and NE\1/4\ NE\1/4\ of sec. 18 4 7 30 Lots 3,4, SW\1/4\ NE\1/ 241.06 4\, SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\ 6 8 1 N\1/2\ SW\1/4\ 29.59 6 8 12 W\1/2\ SW\1/4\ NE\1/4\, 21.70 SE\1/4\ SW\1/4\ NE\1/ 4\ NW\1/4\, N\1/2\ SE\1/4\ NW\1/4\, N\1/ 2\ SW\1/4\ SW\1/4\ SE\1/4\ 6 8 13 W\1/2\ E\1/2\ NW\1/4\ 5.31 NW\1/4\ 6 7 7 E\1/2\ E\1/2\ 57.60 6 7 8 SW\1/4\ SW\1/4\ NW\1/ 22.46 4\, W\1/2\ SW\1/4\ 6 7 17 NW\1/4\ NW\1/4\, N\1/2\ 10.84 SW\1/4\ NW\1/4\ 6 7 18 E\1/2\ NE\1/4\ 43.42 6 8 1 W\1/2\ SE\1/4\ SE\1/4\ 20.6 6 8 1 N\1/2\ SW\1/4\ SE\1/4\ 19.99 6 8 1 SE\1/4\ NE\1/4\ 9.99 6 8 1 NE\1/4\ SW\1/4\ 10.46 6 8 1 NE\1/4\ SW\1/4\, NW\1/ 12.99 4\ SW\1/4\ 6 7 6 SW\1/4\ NW\1/4\ 37.39 6 7 5 SE\1/4\ SW\1/4\ 24.87 6 7 5, 8 SW\1/4\ SE\1/4\ of sec. 109.9 5; and NE\1/4\ NE\1/ 4\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ of sec. 8 6 8 1 NW\1/4\ SE\1/4\ 31.32 6 8 1 NE\1/4\ SW\1/4\ 8.89 6 8 1 SW\1/4\ NE\1/4\, NW\1/ 78.4 4\ NE\1/4\ 6 7 8, 17 SW\1/4\ SW\1/4\ of sec. 14.33 8; and NE\1/4\ NW\1/ 4\, NW\1/4\ NW\1/4\ of sec. 17 6 7 17 NW\1/4\ NW\1/4\ 6.68 6 8 12 SW\1/4\ NE\1/4\ 8.19 6 8 1 SE\1/4\ SW\1/4\ 2.0 6 8 1 SW\1/4\ SW\1/4\ 5.05 6 8 12 SE\1/4\, SW\1/4\ 54.64 6 7 17, 18 SW\1/4\, NW\1/4\ of 136.83 sec. 17; and SE\1/4\, NE\1/4\ of sec. 18 6 8 1 SW\1/4\ SE\1/4\ 20.08 6 7 5 NE\1/4\ SE\1/4\, SE\1/ 97.38 4\ SE\1/4\, E\1/2\ SE\1/4\ SW\1/4\ 4 7 31 SE\1/4\ 159.60 6 7 17 NW\1/4\ NW\1/4\ 3.14 6 8 12 NW\1/4\ SE\1/4\ 1.10 6 7 8 SW\1/4\ SW\1/4\ 0.92 6 8 12 NE\1/4\ NW\1/4\ 1.99 6 7, 8 7, 12 NW\1/4\ NW\1/4\ of sec. 86.48 7; and S\1/2\ NE\1/4\ E\1/2\ NE\1/4\ NE\1/4\ of sec. 12 6 8 12 NE\1/4\ NW\1/4\ 1.56 6 7,8 6,1 W\1/2\ SW\1/4\ SW\1/4\ 35.82 of sec. 6; and E\1/2\ SE\1/4\ SE\1/4\ of sec. 1 6 7 5 E\1/2\ NW\1/4\ SE\1/4\ 19.88 6 8 12 NW\1/4\ NE\1/4\ 0.29 6 8 1 SE\1/4\ SW\1/4\ 2.5 6 7 8 NE\1/4\ NW\1/4\ 7.16 South West Section Subdivision Acres 6 8 1 SE\1/4\ SW\1/4\ 5.5 6 8 1 SE\1/4\ NW\1/4\ 1.34 ........ Total 11,349.92.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was reported to the Senate on March 16, 2016. (Sec. 1) The Department of the Interior may accept title to any real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprising land within the political boundaries of Polk and Yamhill Counties, Oregon), if such real property is transferred to the United States by or on behalf of the tribes. Interior must treat such a transfer of real property as an on-reservation trust acquisition. Gaming is prohibited on such real property, except for real property within two miles of a specified gaming facility. Real property taken into trust within the boundaries of the original reservation after September 9, 1988, must be considered part of the reservation.

A bill to amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fisheries Mitigation Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The operation of dams and other water diversion projects are for the benefit of the American public. The construction and operation of these Federal water resource development projects have had impacts on many water systems and their respective fish populations, resulting in the need to build and operate fish hatcheries to mitigate for aquatic resources affected by these projects. (2) In accordance with the Fish and Wildlife Act of 1956 (16 U.S.C. 742(a)-754), the Fish and Wildlife Coordination Act (16 U.S.C. 661-667(e)), the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1009), and the National Environmental Policy Act (42 U.S.C. 4321-4347), the Service has established policy (501 FW 2) to seek to mitigate for fish, wildlife, and their habitats, and uses thereof, from the effects of land and water developments. (3) The United States Fish and Wildlife Service currently operates nearly 40 fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resource development projects. (4) Mitigation fishery activities conducted by the Service at these facilities are highly valued by the State and Indian tribal partners, and the fishing community. (5) Inconsistency in authorities, which now number over 200, to construct and operate Federal water resource development projects have led to myriad mechanisms for funding and conducting Federal mitigation fishery activities. In most cases Federal water project sponsors fund mitigation fishery costs. In some cases the Service expends its appropriations to offset mitigation fishery costs. (6) The Service is the Federal agency through which a sponsor agency will negotiate to provide goods and services to augment fisheries to compensate for the impact of Federal water development projects on aquatic resources. (7) The sponsor agency should bear the financial responsibility for mitigation fishery costs incurred by the Service. SEC. 3. DEFINITIONS. For this Act, the following definitions apply: (1) Sponsor agency.--The term ``sponsor agency'' means the United States Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (2) Service.--The term ``Service'' means the United States Fish and Wildlife Service. (3) Mitigation fisheries.--The term ``mitigation fisheries'' means fisheries augmented by hatchery fish to compensate for the impacts of Federal water development projects on aquatic resources. (4) Mitigation fishery activities.--The term ``mitigation fishery activities'' means rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects and includes project planning and evaluation. (5) Mitigation fishery costs.--The term ``mitigation fishery costs'' means the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, and include: personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and evaluation. (6) Mitigation fishery facility.--The term ``mitigation fishery facility'' means facilities owned and operated by the United States Fish and Wildlife Service through the National Fish Hatchery System for the purpose, either wholly or in part, of conducting mitigation fishery activities. (7) Fishery mitigation plan.--The term ``fishery mitigation plan'' refers to a resource management plan developed between the United States Fish and Wildlife Service and one or more sponsor agencies, and in cooperation and coordination with affected States and Indian Tribes, that describes the long-term goals and annual targets for conducting mitigation fishery activities. A fishery mitigation plan shall be approved in advance by a sponsor agency and the Service. SEC. 4. MITIGATION FISHERY COSTS. Not later than October 1, 2007, and each October 1st thereafter, a sponsor agency shall pay to the Service the total amount of funds necessary to meet the mitigation fishery costs to meet objectives described in the fishery mitigation plan for a respective water development project. The funds to be obligated for this purpose shall be identified in advance by the Director of the United States Fish and Wildlife Service.

National Fisheries Mitigation Coordination Act - Directs a sponsor agency (the U.S. Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority) to pay to the U.S. Fish and Wildlife Service mitigation fishery costs associated with carrying out the fishery mitigation plan for a water development project developed between the Service and one or more sponsor agencies. Defines mitigation fishery costs as the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, including the rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects.

To ensure the continuation of successful fisheries mitigation programs.

SECTION 1. SHORT TITLE. This Act may be cited as the ``ATM Fee Reform Act of 1997''. SEC. 2. ELECTRONIC FUND TRANSFER FEE DISCLOSURES AT ANY HOST ATM. Section 904 of the Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended-- (1) by striking ``(d) In the event'' and inserting ``(d) Applicability to Service Providers Other Than Certain Financial Institutions.-- ``(1) In general.--In the event''; and (2) by adding at the end the following new paragraph: ``(2) Fee disclosures at electronic terminals.-- ``(A) In general.--The regulations prescribed under paragraph (1) shall require any host electronic terminal operator who imposes a fee on any consumer for providing host transfer services to such consumer to provide notice in accordance with subparagraph (B) to the consumer (at the time the service is provided) of-- ``(i) the fact that a fee is imposed by such operator for providing the service; and ``(ii) the amount of any such fee. ``(B) Notice requirements.--The notice required under subparagraph (A) with respect to any fee described in such subparagraph shall-- ``(i) be posted in a prominent and conspicuous location on or at the electronic terminal at which the electronic fund transfer is initiated by the consumer; and ``(ii) appear on the screen of the electronic terminal, or on a paper notice issued from the terminal, after the transaction is initiated and before the consumer is irrevocably committed to completing the transaction. ``(C) Prohibition on fees not properly disclosed and explicitly assumed by consumer.--No fee may be imposed by any host electronic terminal operator in connection with any electronic fund transfer initiated by a consumer for which a notice is required under subparagraph (A), unless-- ``(i) the consumer receives such notice in accordance with subparagraph (B); and ``(ii) the consumer elects to continue in the manner necessary to effect the transaction after receiving such notice. ``(D) Definitions.--For purposes of this paragraph, the following definitions shall apply: ``(i) Electronic fund transfer.--The term `electronic fund transfer' includes a transaction which involves a balance inquiry initiated by a consumer in the same manner as an electronic fund transfer, whether or not the consumer initiates a transfer of funds in the course of the transaction. ``(ii) Host electronic terminal operator.-- The term `host electronic terminal operator' means any person who-- ``(I) operates an electronic terminal at which consumers initiate electronic fund transfers; and ``(II) is not the financial institution which holds the account of any such consumer from which the transfer is made. ``(iii) Host transfer services.--The term `host transfer services' means any electronic fund transfer made by a host electronic terminal operator in connection with a transaction initiated by a consumer at an electronic terminal operated by such operator.''. SEC. 3. DISCLOSURE OF POSSIBLE FEES TO CONSUMERS WHEN ATM CARD IS ISSUED. Section 905(a) of the Electronic Fund Transfer Act (12 U.S.C. 1693c(a)) is amended-- (1) by striking ``and'' at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ``; and''; and (3) by inserting after paragraph (9) the following new paragraph: ``(10) a notice to the consumer that a fee may be imposed by-- ``(A) a host electronic terminal operator (as defined in section 904(d)(2)(D)(ii)) if the consumer initiates a transfer from an electronic terminal which is not operated by the person issuing the card or other means of access; and ``(B) any national, regional, or local network utilized to effect the transaction.''. SEC. 4. FEASIBILITY STUDY. (a) In General.--The Comptroller General of the United States shall conduct a study of the feasibility of requiring, in connection with any electronic fund transfer initiated by a consumer through the use of an electronic terminal-- (1) a notice to be provided to the consumer before the consumer is irrevocably committed to completing the transaction, which clearly states the amount of any fee which will be imposed upon the consummation of the transaction by-- (A) any host electronic terminal operator (as defined in section 904(d)(2)(D)(ii) of the Electronic Fund Transfer Act) involved in the transaction; (B) the financial institution holding the account of the consumer; (C) any national, regional, or local network utilized to effect the transaction; and (D) any other party involved in the transfer; and (2) the consumer to elect to consummate the transaction after receiving the notice described in paragraph (1). (b) Factors To Be Considered.--In conducting the study required under subsection (a) with regard to the notice requirement described in such subsection, the Comptroller General shall consider the following factors: (1) The availability of appropriate technology. (2) Implementation and operating costs. (3) The competitive impact any such notice requirement would have on various sizes and types of institutions, if implemented. (4) The period of time which would be reasonable for implementing any such notice requirement. (5) The extent to which consumers would benefit from any such notice requirement. (6) Any other factor the Comptroller General determines to be appropriate in analyzing the feasibility of imposing any such notice requirement. (c) Report to the Congress.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Comptroller General shall submit a report to the Congress containing-- (1) the findings and conclusions of the Comptroller General in connection with the study required under subsection (a); and (2) the recommendation of the Comptroller General with regard to the question of whether a notice requirement described in subsection (a) should be implemented and, if so, how such requirement should be implemented. SEC. 5. NO LIABILITY IF POSTED NOTICES ARE DAMAGED. Section 910 of the Electronic Fund Transfer Act (15 U.S.C. 1693h) is amended by adding at the end the following new subsection: ``(d) Exception for Damaged Notices.--If the notice required to be posted pursuant to section 904(d)(2)(B)(i) by a host electronic terminal operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 904(d)(2)(B)(i).''. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act to other provisions of law shall take effect at the end of the 6-month period beginning on the date of the enactment of this Act.

ATM Fee Reform Act of 1997 - Amends the Electronic Fund Transfer Act to mandate fee disclosures at the time of service by any host electronic terminal operator which imposes a fee for providing host transfer services to a consumer. Mandates disclosure at the time the consumer contracts for electronic fund transfer services that fees may be imposed for initiating electronic fund transfers from an electronic terminal which is not operated by the issuer of the consumer's access card. Requires the Comptroller General to study the feasibility of requiring specified fee disclosures before the consumer is irrevocably committed to completing any electronic fund transfer by means of an electronic terminal.

ATM Fee Reform Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Ban and Stem Cell Research Protection Act of 2003''. SEC. 2. PURPOSES. It is the purpose of this Act to prohibit human cloning and to protect important areas of medical research, including stem cell research. TITLE I--PROHIBITION ON HUMAN CLONING SEC. 101. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--PROHIBITION ON HUMAN CLONING ``Sec. ``301. Prohibition on human cloning. ``Sec. 301. Prohibition on human cloning ``(a) Definitions.--In this section: ``(1) Human cloning.--The term `human cloning' means implanting or attempting to implant the product of nuclear transplantation into a uterus or the functional equivalent of a uterus. ``(2) Human somatic cell.--The term `human somatic cell' means any human cell other than a haploid germ cell. ``(3) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(4) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes. ``(5) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(6) Unfertilized blastocyst.--The term `unfertilized blastocyst' means an intact cellular structure that is the product of nuclear transplantation. Such term shall not include stem cells, other cells, cellular structures, or biological products derived from an intact cellular structure that is the product of nuclear transplantation. ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to conduct or attempt to conduct human cloning; ``(2) to ship the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or ``(3) to export to an foreign country an unfertilized blastocyst if such country does not prohibit human cloning. ``(c) Protection of Research.--Nothing in this section shall be construed to restrict practices not expressly prohibited in this section. ``(d) Penalties.-- ``(1) Criminal penalties.--Whoever intentionally violates paragraph (1), (2), or (3) of subsection (b) shall be fined under this title and imprisoned not more than 10 years. ``(2) Civil penalties.--Whoever intentionally violates paragraph (1), (2), or (3) of subsection (b) shall be subject to a civil penalty of $1,000,000 or three times the gross pecuniary gain resulting from the violation, whichever is greater. ``(3) Forfeiture.--Any property, real or personal, derived from or used to commit a violation or attempted violation of the provisions of subsection (b), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code. ``(e) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action.''. SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS. (a) Report on Actions by Attorney General To Enforce Chapter 16 of Title 18.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that-- (1) describes the actions taken by the Attorney General to enforce the provisions of chapter 16 of title 18, United States Code (as added by section 101); (2) describes the personnel and resources the Attorney General has utilized to enforce the provisions of such chapter; and (3) contain a list of any violations, if any, of the provisions of such chapter 16. (b) Report on Actions of State Attorneys General To Enforce Similar State Laws.-- (1) Definition.--In this subsection and subsection (c), the term ``similar State law relating to human cloning'' means a State or local law that provides for the imposition of criminal penalties on individuals who are determined to be conducting or attempting to conduct human cloning (as defined in section 301 of title 18, United States Code (as added by section 101)). (2) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that-- (A) describes any similar State law relating to human cloning; (B) describes the actions taken by the State attorneys general to enforce the provisions of any similar State law relating to human cloning; (C) contains a list of violations, if any, of the provisions of any similar State law relating to human cloning; and (D) contains a list of any individual who, or organization that, has violated, or has been charged with violating, any similar State law relating to human cloning. (c) Report on Coordination of Enforcement Actions Among the Federal and State and Local Governments With Respect to Human Cloning.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that-- (1) describes how the Attorney General coordinates the enforcement of violations of chapter 16 of title 18, United States Code (as added by section 101), with enforcement actions taken by State or local government law enforcement officials with respect to similar State laws relating to human cloning; and (2) describes the status and disposition of-- (A) Federal appellate litigation with respect to such chapter 16 and State appellate litigation with respect to similar State laws relating to human cloning; and (B) civil litigation, including actions to appoint guardians, related to human cloning. (d) Report on International Laws Relating to Human Cloning.--Not later than 1 year after the date of enactment of this Act, the Comptroller General shall prepare and submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that-- (1) describes the laws adopted by foreign countries related to human cloning; (2) describes the actions taken by the chief law enforcement officer in each foreign country that has enacted a law described in paragraph (1) to enforce such law; and (3) describes the multilateral efforts of the United Nations and elsewhere to ban human cloning. TITLE II--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``PART J--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH ``SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH, INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY. ``(a) Definitions.-- ``(1) In general.--The definitions contained in section 301(a) of title 18, United States Code, shall apply for purposes of this section. ``(2) Other definitions.--In this section: ``(A) Donating.--The term `donating' means giving without receiving valuable consideration. ``(B) Fertilization.--The term `fertilization' means the fusion of an oocyte containing a haploid nucleus with a male gamete (sperm cell). ``(C) Valuable consideration.--The term `valuable consideration' does not include reasonable payments-- ``(i) associated with the transportation, processing, preservation, or storage of a human oocyte or of the product of nuclear transplantation research; or ``(ii) to compensate a donor of one or more human oocytes for the time or inconvenience associated with such donation. ``(b) Applicability of Federal Ethical Standards to Nuclear Transplantation Research.--Research involving nuclear transplantation shall be conducted in accordance with subpart A of part 46 of title 45, or parts 50 and 56 of title 21, Code of Federal Regulations (as in effect on the date of enactment of the Human Cloning Ban and Stem Cell Research Protection Act of 2003), as applicable. ``(c) Prohibition on Conducting Nuclear Transplantation on Fertilized Eggs.--A somatic cell nucleus shall not be transplanted into a human oocyte that has undergone or will undergo fertilization. ``(d) Fourteen-Day Rule.--An unfertilized blastocyst shall not be maintained after more than 14 days from its first cell division, not counting any time during which it is stored at temperatures less than zero degrees centigrade. ``(e) Voluntary Donation of Oocytes.-- ``(1) Informed consent.--In accordance with subsection (b), an oocyte may not be used in nuclear transplantation research unless such oocyte shall have been donated voluntarily by and with the informed consent of the woman donating the oocyte. ``(2) Prohibition on purchase or sale.--No human oocyte or unfertilized blastocyst may be acquired, received, or otherwise transferred for valuable consideration if the transfer affects interstate commerce. ``(f) Separation of In Vitro Fertilization Laboratories From Locations at Which Nuclear Transplantation Is Conducted.--Nuclear transplantation may not be conducted in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures. ``(g) Civil Penalties.--Whoever intentionally violates any provision of subsections (b) through (f) shall be subject to a civil penalty in an amount that is appropriate for the violation involved, but not more than $250,000.''.

Human Cloning Ban and Stem Cell Research Protection Act of 2003 - Amends the Federal criminal code to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning.Requires the Comptroller General to report to the congressional judiciary committees on: (1) actions taken to enforce such prohibitions; (2) actions of State attorneys general to enforce similar State laws; (3) the Federal-State-local government coordination of enforcement actions; and (4) international laws relating to human cloning.Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal standards for the protection of human subjects. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) an oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; or (5) the conduct in a laboratory of nuclear transplantation in which human oocytes are subject to assisted reproductive technology treatments or procedures.

A bill to prohibit human cloning and protect stem cell research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Benefits Fairness Act of 2007''. SEC. 2. COMPUTATION AND PAYMENT OF LAST MONTHLY PAYMENT. (a) Old-Age and Survivors Insurance Benefits.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Last Payment of Monthly Insurance Benefit Terminated by Death ``(z)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (b) Disability Insurance Benefits.--Section 223 of such Act (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(k)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. (c) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228 of such Act (42 U.S.C. 428) is amended by adding at the end the following new subsection: ``Last Payment of Benefit Terminated by Death ``(i)(1) In any case in which an individual dies during the first 15 days of a calendar month, the amount of such individual's monthly insurance benefit under this section paid for such month shall be an amount equal to 50 percent of the amount of such benefit (as determined without regard to this subsection), rounded, if not a multiple of $1, to the next lower multiple of $1. This subsection shall apply with respect to such benefit after all other adjustments with respect to such benefit provided by this title have been made. ``(2) Any payment of an individual's benefit under this section for the month in which such individual dies shall be made in accordance with section 204(d).''. SEC. 3. CONFORMING AMENDMENTS REGARDING PAYMENT OF BENEFITS FOR MONTH OF RECIPIENT'S DEATH. (a) Old-Age Insurance Benefits.--Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking ``the month preceding'' in the matter following subparagraph (B). (b) Wife's Insurance Benefits.-- (1) In general.--Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which she dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (c) Husband's Insurance Benefits.-- (1) In general.--Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended-- (A) by striking ``and ending with the month'' in the matter immediately following clause (ii) and inserting ``and ending with the month in which he dies or (if earlier) with the month''; (B) by striking subparagraph (E); and (C) by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively. (2) Conforming amendment.--Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking ``(E), (F), (H), or (J)'' and inserting ``(E), (G), or (I)''. (d) Child's Insurance Benefits.--Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended-- (1) by striking ``and ending with the month'' in the matter immediately preceding subparagraph (D) and inserting ``and ending with the month in which such child dies or (if earlier) with the month''; and (2) by striking ``dies, or'' in subparagraph (D). (e) Widow's Insurance Benefits.--Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: she remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or''. (f) Widower's Insurance Benefits.--Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: he remarries, dies,'' in the matter following subparagraph (F) and inserting ``ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,''. (g) Mother's and Father's Insurance Benefits.--Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended-- (1) by inserting ``with the month in which he or she dies or (if earlier)'' after ``and ending'' in the matter following subparagraph (F); and (2) by striking ``he or she remarries, or he or she dies'' and inserting ``or he or she remarries''. (h) Parent's Insurance Benefits.--Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ``ending with the month preceding the first month in which any of the following occurs: such parent dies, marries,'' in the matter following subparagraph (E) and inserting ``ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,''. (i) Disability Insurance Benefits.--Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ``ending with the month preceding whichever of the following months is the earliest: the month in which he dies,'' in the matter following subparagraph (E) and inserting the following: ``ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:''. (j) Benefits at Age 72 for Certain Uninsured Individuals.--Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking ``the month preceding'' in the matter following paragraph (4). (k) Exemption From Maximum Benefit Cap.--Section 203 of such Act (42 U.S.C. 403) is amended by adding at the end the following new subsection: ``Exemption From Maximum Benefit Cap ``(m) Notwithstanding any other provision of this section, the application of this section shall be made without regard to any benefit of an individual under section 202, 223, or 228 for the month in which such individual dies.''. SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act.

Social Security Benefits Fairness Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide that, if an OASDI recipient dies during the first 15 days of a month, the last payment of the monthly benefit for that month shall be half the usual benefit amount.

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies, subject to a reduction of 50 percent if the recipient dies during the first 15 days of such month, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children From Violence Act of 2002''. SEC. 2. ASSAULT AND MAIMING. (a) In General.--Chapter 7 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 117. Assault against a child ``(a) Whoever, in a circumstance described in subsection (c) commits an assault upon, or maims, an individual who has not attained the age of 18 years shall be punished as provided in subsection (b). ``(b) The punishment for an offense under subsection (a) is as follows: ``(A) Assault with the intent to commit murder of a child, by imprisonment not more than 35 years. ``(B) Assault that consists of conduct that would be an offense under section 114 if the conduct occurred in the special maritime and territorial jurisdiction of the United States, by a fine under this title or imprisonment for not more than 30 years, or both. ``(C) Assault with intent to commit any felony against a child, except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than 15 years, or both. ``(D) Assault with a dangerous weapon against a child, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than 15 years, or both. ``(E) Assault by striking, beating, or wounding a child, by a fine under this title or imprisonment of not more than 2 years, or both. ``(F) Simple assault against a child, by a fine under this title or imprisonment for not more than 6 months, or both, or if the perpetrator of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment of not more than 1 year, or both. ``(G) Assault resulting in serious bodily injury of a child, by a fine under this title or imprisonment for not more than 15, or both. ``(c) The circumstances referred to in subsection (a) are any of the following: ``(1) The conduct constituting the offense occurs within the special maritime and territorial jurisdiction of the United States, or in interstate or foreign commerce. ``(2) The person engaging in the conduct constituting the offense-- ``(A) travels in interstate or foreign commerce with the intent to commit the offense; ``(B) transports a child in interstate or foreign commerce; or ``(C) crosses a State line, with the intent to commit the offense.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of title 18, United States Code, is amended by adding at the end the following new item: ``117. Assault against a child.''. SEC. 3. KIDNAPPING. (a) Custodial Kidnapping.--Section 1201 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(i) Whoever, being a parent of a minor, unlawfully seizes, confines, inveigles, decoys, kidnaps, abducts, or carries away and holds for ransom or reward or otherwise, that minor, shall be fined under this title or imprisoned not more than one year, or both, but in the case of a second or subsequent offense shall be fined under this title or imprisoned not more than 10 years, or both.''. (b) Additional Bases for Federal Prosecution.--Section 1201(a) of title 18, United States Code, is amended-- (1) by striking ``or'' at the end of paragraph (4); (2) by inserting ``or'' at the end of paragraph (5); and (3) by inserting after pargraph (5) the following: ``(6) the defendant travelled in interstate or foreign commerce with the intent to commit the offense;''. SEC. 4. MURDER. (a) In General.--Chapter 51 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1123. Murder of children ``(a) Whoever, in a circumstance described in subsection (c), kills or attempts to kill an individual who has not attained the age of 18 years shall be punished as provided in subsection (b). ``(b) The punishment for an offense under subsection (a) is as follows: ``(1) If the killing is murder, the punishment provided for murder in section 1111. ``(2) If the killing is voluntary manslaughter, a fine under this title or imprisonment not more than 20 years, or both. ``(3) If the killing is involuntary manslaughter, a fine under this title or imprisonment not more than 12 years, or both. ``(4) If the offense consists of an attempted murder or manslaughter, a fine under this title or imprisonment not more than 10 years, or both. ``(c) The circumstances referred to in subsection (a) are any of the following: ``(1) The offense occurs in the special maritime and territorial jurisdiction of the United States or in interstate or foreign commerce. ``(2) The defendant travels in interstate or foreign commerce with intent to commit the offense. ``(3) The child is transported in interstate or foreign commerce in connection with the offense.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 51 of title 18, United States Code, is amended by adding at the end the following new item: ``1123. Murder of children.''. SEC. 5. CIVIL ACTION. A victim of an offense under section 117, 1201(i), 1123, 2241(c), or 2243(a) of title 18, United States Code, or a parent on behalf of that victim, may in a civil action against the offender, obtain appropriate relief, including actual and punitive damages, and a reasonable attorney's fee as part of the costs. SEC. 6. STATE AND LOCAL NOTIFICATION IN CHILD PORNOGRAPHY CASES. Section 227(b)(1) of Public Law 101-647 (42 U.S.C. 13032(b)(1)) is amended by adding at the end the following: ``The Center may also forward that report to any State or local law enforcement agency the Center determines appropriate.''. SEC. 7. AMBER ALERT COORDINATION. (a) Coordinator.--The Attorney General shall establish an AMBER Alert Coordinator position (referred to in this section as ``the Coordinator''). The Coordinator shall-- (1) establish, with the assistance of the National Center for Missing and Exploited Children and the Federal Communications Commission, guidelines for implementing a statewide Amber Alert plan not later than 60 days after the date of enactment of this Act; (2) provide technical assistance to the States, broadcasters, and law enforcement agencies in implementing AMBER Alert plans; (3) certify, not later than 90 days after a certification request is received, to the Secretary of Transportation any State that-- (A) has established or agrees to establish a statewide AMBER Alert plan not later than 1 year after receiving a grant under section 3; (B) agrees to establish a reciprocal arrangement with other States, including sharing of information regarding the initiation of an AMBER Alert; and (C) is in compliance with the guidelines established pursuant to paragraph (1); (4) deny certification, not later than 90 days after a certification request is received and provide notification of such denial to the Secretary of Transportation, to any State that fails to comply with the certification requirements described in paragraph (3); (5) monitor compliance and revoke certification of any State that fails to establish an AMBER Alert plan in accordance with the 1-year period referred to in paragraph (3)(A) and provide notification of such revocation to the State and the Secretary of Transportation; (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $500,000 for fiscal year 2003 and such sums as may be necessary for fiscal years 2004 through 2007. Such sums shall remain available until expended. SEC. 8. GRANT PROGRAM. (a) Findings.--The Congress finds and declares that-- (1) every year over 725,000 children are reported missing to local, State, and Federal authorities--that is over 2,000 per day; (2) in 2002 there have been countless reports of children being abducted either form their homes or in front of their homes and then later killed; (3) one of the fundamental purposes of government is to protect its people--especially its children; and (4) it is in the best interest of our Nation to ensure that law enforcement officials and prosecutors have the tools they need in order to ensure the safety of our children. (b) In General.--The Secretary of Transportation shall make grants to States to develop, acquire, install, and construct facilities and equipment along highways to notify the public of missing children (including a description of such children), information regarding any abductor of such children, and other relevant information. (c) Application.--In order to be eligible to receive a grant under this section, a State shall-- (1) adhere to the requirements of this section; (2) apply to the Coordinator appointed under section 2 for certification-- (A) in 2003, not later than March 1; and (B) in subsequent years, not later than January 1 of the year in which the State expects to receive funds; and (3) include a projection of costs to implement subsection (a). (d) Federal Share.--The Federal share of the cost of a project for which a grant is made to a State under this section in a fiscal year shall not exceed 50 percent. (e) Apportionment of Funds.--Amounts appropriated to carry out this section shall be apportioned in equal shares to each State that meets the requirements of this Act. (f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $99,500,000 for fiscal year 2003 and such sums as may be necessary for each of fiscal years 2004 through 2007. Such sums shall remain available until expended. SEC. 9. DEFINITIONS. In sections 9 and 10, the following definitions apply: (1) Amber alert.--The term ``AMBER Alert'' (America's Missing: Broadcast Emergency Response Alert) means a voluntary partnership between law enforcement agencies and broadcasters to activate an urgent bulletin in serious child abduction cases. Broadcasters use the Emergency Alert System (EAS), formerly referred to as the Emergency Broadcast System, to air a description of the missing child and suspected abductor and any other relevant information. (2) State.--The term ``State'' means each of the 50 States and the District of Columbia. SEC. 10. NATIONAL CRIMES AGAINST CHILDREN RESPONSE CENTER. (a) In General.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540A. National Crimes Against Children Response Center ``(a) Establishment.--There is established within the Federal Bureau of Investigation a National Crimes Against Children Response Center (referred to in this section as the `Center'). ``(b) Mission.--The mission of the Center is to develop a national response plan model that-- ``(1) provides a comprehensive, rapid response plan to report crimes involving the victimization of children; and ``(2) protects children from future crimes. ``(c) Duties.--To carry out the mission described in subsection (b), the Director of the Federal Bureau of Investigation shall-- ``(1) consult with the Deputy Assistant Attorney General for the Crimes Against Children Office and other child crime coordinators within the Department of Justice; ``(2) consolidate units within the Federal Bureau of Investigation that investigate crimes against children, including abductions, abuse, and sexual exploitation offenses; ``(3) develop a comprehensive, rapid response plan for crimes involving children that incorporates resources and expertise from Federal, State, and local law enforcement agencies and child services professionals; ``(4) develop a national strategy to prevent crimes against children that shall include a plan to rescue children who are identified in child pornography images as victims of abuse; ``(5) create regional rapid response teams composed of Federal, State, and local prosecutors, investigators, victim witness specialists, mental health professionals, and other child services professionals; ``(6) implement an advanced training program that will enhance the ability of Federal, State, and local entities to respond to reported crimes against children and protect children from future crimes; and ``(7) conduct outreach efforts to raise awareness and educate communities about crimes against children. ``(d) Authorization of Appropriations.--There is authorized to be appropriated for the Federal Bureau of Investigation such sums as necessary for fiscal year 2003 to carry out this section.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``540A. National Crimes Against Children Response Center.''. SEC. 11. INCREASE OF STATUTE OF LIMITATIONS FOR CHILD ABUSE OFFENSES. Section 3283 of title 18, United States Code, is amended by striking ``25 years'' and inserting ``35 years''. SEC. 12. ADMISSIBILITY OF SIMILAR CRIME EVIDENCE IN CHILD MOLESTATION CASES. Rule 414 of the Federal Rules of Evidence is amended-- (1) in subsection (a), by inserting ``or possession of sexually explicit materials containing apparent minors'' after ``or offenses of child molestation''; and (2) in subsection (d), by striking ``fourteen'' and inserting ``18''. SEC. 13. MARITAL COMMUNICATION AND ADVERSE SPOUSAL PRIVILEGE. (a) In General.--Chapter 119 of title 28, United States Code, is amended by inserting after section 1826 the following: ``Sec. 1826A. Marital communications and adverse spousal privilege ``The confidential marital communication privilege and the adverse spousal privilege shall be inapplicable in any Federal proceeding in which a spouse is charged with a crime against-- ``(1) a child of either spouse; or ``(2) a child under the custody or control of either spouse.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 119 of title 28, United States Code, is amended by inserting after the item relating to section 1826 the following: ``1826A. Marital communications and adverse spousal privilege.''. SEC. 14. INCREASE OF MAXIMUM PENALTIES FOR SEX OFFENSES. Title 18, United States Code, is amended-- (1) in section 1591(b)(2), by striking ``20 years'' and inserting ``40 years''; (2) in section 2421, by striking ``10 years'' and inserting ``20 years''; (3) in section 2422-- (A) in subsection (a), by striking ``10 years'' and inserting ``20 years''; and (B) in subsection (b), by striking ``15 years'' and inserting ``30 years''; (4) in section 2423-- (A) in subsection (a), by striking ``15 years'' and inserting ``30 years''; and (B) in subsection (b), by striking ``15 years'' and inserting ``30 years''; and (5) in section 2425, by striking ``5 years'' and inserting ``10 years''. SEC. 15. DEPUTY ASSISTANT ATTORNEY GENERAL FOR CRIMES AGAINST CHILDREN. (a) Establishment of Position.-- (1) In general.--Chapter 31 of title 28, United States Code, is amended by inserting after section 507 the following: ``Sec. 507A. Deputy Assistant Attorney General for Crimes Against Children ``(a) The Attorney General shall appoint a Deputy Assistant Attorney General for Crimes Against Children. ``(b) The Deputy Assistant Attorney General shall be the head of the Crimes Against Children Section (CACS) of the Department of Justice. ``(c) The duties of the Deputy Assistant Attorney General shall include the following: ``(1) To prosecute cases involving crimes against children. ``(2) To advise Federal prosecutors and law enforcement personnel regarding crimes against children. ``(3) To provide guidance and assistance to Federal, State, and local law enforcement agencies and personnel, and appropriate foreign entities, regarding responses to crimes against children. ``(4) To propose and comment upon legislation concerning crimes against children. ``(5) Such other duties as the Attorney General may require, including duties carried out by the head of the Child Exploitation and Obscenity Section and the Terrorism and Violent Crime Section of the Department of Justice.''. (2) Technical and conforming amendment.--The table of sections for chapter 31 of title 28, United States Code, is amended by inserting after the item relating to section 507 the following: ``507A. Deputy Assistant Attorney General for Crimes Against Children.''. (b) Authorization of Appropriations for CACS.--There is authorized to be appropriated for the Department of Justice for fiscal year 2003, such sums as necessary to carry out this section.

Protecting Our Children From Violence Act of 2002 - Amends the Federal criminal code to set forth criminal penalties for the: (1) assault or maiming of an individual under 18 years of age (minor); (2) custodial (parental) kidnaping of a minor; and (3) murder or attempted murder of a minor. Provides a civil action for the relief of a victim or of a parent on behalf of a victim.Authorizes the National Center for Missing and Exploited Children to forward to local law enforcement agencies any electronic reports received concerning possible violations of child pornography laws.Requires the Attorney General to establish an AMBER (America's Missing: Broadcast Emergency Response) Alert Coordinator position.Directs the Secretary of Transportation to make grants to States for developing and constructing along highways facilities and equipment designed to notify the public of missing children.Establishes within the Federal Bureau of Investigation a National Crimes Against Children Response Center to: (1) develop a national response plan model for reporting crimes involving the victimization of children; and (2) protect children from future crimes.Increases from 25 to 35 years the statute of limitations for child abuse offenses. Makes the confidential marital communication privilege and adverse spousal privilege inapplicable to Federal proceedings where a spouse is charged with a crime against a child of either spouse or against a child under the custody or control of either spouse. Increases penalties for sex offenses.Directs the Attorney General to appoint a Deputy Assistant Attorney General for Crimes Against Children.

To protect our children from violence.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renters Tax Credit Act of 2014''. SEC. 2. RENTERS TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. RENTERS CREDIT. ``(a) In General.--For purposes of section 38, in the case of a qualified credit recipient, the renters credit for any taxable year is an amount equal to the sum of the renter's credit amounts allocated to such qualified credit recipient under this section for months ending during the taxable year. ``(b) Renter's Credit Amount.-- ``(1) In general.--For purposes of this section, the term `renters credit amount' means the rent reduction amount with respect to each rental unit which is occupied by a qualified renter. ``(2) Qualified renter.--For purposes of this section, the term `qualified renter' means a family unit with income not greater than the higher of-- ``(A) 60 percent of local median income, or ``(B) 150 percent of the Federal poverty line, in each case as determined by the Secretary of Housing and Urban Development for a family of the size involved. ``(3) Rent reduction amount.--For purposes of this section-- ``(A) In general.--The term `rent reduction amount' is the amount by which the fair market rent for the unit involved exceeds the rent charged to the qualified renter. ``(B) Limitation.--The rent reduction amount taken into account under this section shall not exceed the excess of-- ``(i) the rent charged to the qualified renter (or, if lower, specified modest rent), over ``(ii) 30 percent of the qualified renter's income (prorated monthly) as determined by the renters credit agency of the State. ``(C) Specified modest rent.--The term `specified modest rent' means-- ``(i) the Fair Market Rent determined by the Secretary of Housing and Urban Development for the zip code (if the unit is located in a metropolitan area) or non-metropolitan county, or ``(ii) such amount as may be determined by the State with respect to the area in which the unit is located if such amount is within 25 percent of the amount determined under clause (i) with respect to such unit. ``(D) Utilities.--The renters credit agency of the State may determine whether and how to take into account the cost of utilities in determining the rent reduction amount. ``(E) Credit adjustment.--The renters credit agency of the State may elect to increase the rent reduction amount such that such amount does not exceed 110 percent of such amount as determined without regard to this subparagraph. ``(c) Qualified Credit Recipient.--For purposes of this section, the term `qualified credit recipient' means, with respect to any rental unit occupied by a qualified renter, the owner of such unit but only to the extent of the renters credit amounts which have been allocated to such person by the renters credit agency. In lieu of the owner of the unit, the renters credit agency may treat the lender of any loan to such owner as the qualified credit recipient if such unit secures such loan. ``(d) Allocations by Renters Credit Agency to Credit Recipients.-- ``(1) In general.--The renters credit agency may make allocations of renters credit amounts to qualified credit recipients under this section on the basis of-- ``(A) the identity of the qualified renter, such that the renters credit amount is allowed to the owner of any rental unit which such qualified renter occupies (or the lender referred to in subsection (c)) for any month, or ``(B) one or more rental units, such that the renters credit amount is allowed to the owner of such units (or the lender referred to in subsection (c)) for such months as such units are occupied by a qualified renter. ``(2) Restrictions on unit based allocations.--A renters credit agency may make allocations of renters credit as described in paragraph (1)(B) only if-- ``(A) such units are part of a project or building in which not more than 40 percent of the units receive allocations under this section (the Secretary may provide such exceptions to the requirement of this subparagraph as the Secretary determines appropriate for small buildings or buildings with respect to which more than 40 percent of the units were previously subsidized under other Federal programs), and ``(B) the Secretary has approved a mobility plan submitted by such renters credit agency which provides for an adequate method to ensure that qualified renters have the ability to move from a unit which is eligible for credit under this section without losing the rent subsidy provided by this section. ``(e) Allocations of Credit Authority to State Agencies.-- ``(1) Renters credit dollar amount for agencies.-- ``(A) State limitation.--The aggregate credit amounts which a renters credit agency may allocate for any calendar year is the portion of the State renters credit ceiling allocated under this paragraph for such calendar year to such agency. ``(B) State ceiling initially allocated to state housing credit agencies.--Except as provided in subparagraphs (D) and (E), the State renters credit ceiling for each calendar year shall be allocated to the renters credit agency of such State. If there is more than 1 renters credit agency of a State, all such agencies shall be treated as a single agency. ``(C) State renters credit ceiling.--The State renters credit ceiling applicable to any State and any calendar year shall be an amount equal to the sum of-- ``(i) the unused State renters credit ceiling (if any) of such State for the preceding calendar year, ``(ii) the greater of-- ``(I) $17.50 multiplied by the State population, or ``(II) $20,000,000, ``(iii) the amount of State renters credit ceiling returned in the calendar year, plus ``(iv) the amount (if any) allocated under subparagraph (D) to such State by the Secretary. For purposes of clause (i), the unused State renters credit ceiling for any calendar year is the excess (if any) of the sum of the amounts described in clauses (ii) through (iv) over the aggregate renters credit dollar amount allocated for such year. ``(D) Unused renters credit carryovers allocated among certain states.-- ``(i) In general.--The unused renters credit carryover of a State for any calendar year shall be assigned to the Secretary for allocation among qualified States for the succeeding calendar year. ``(ii) Unused renters credit carryover.-- For purposes of this subparagraph, the unused renters credit carryover of a State for any calendar year is the excess (if any) of-- ``(I) the unused State renters credit ceiling for the year preceding such year, over ``(II) the aggregate renters credit dollar amount allocated for such year. ``(iii) Formula for allocation of unused housing credit carryovers among qualified states.--The amount allocated under this subparagraph to a qualified State for any calendar year shall be the amount determined by the Secretary to bear the same ratio to the aggregate unused renters credit carryovers of all States for the preceding calendar year as such State's population for the calendar year bears to the population of all qualified States for the calendar year. For purposes of the preceding sentence, population shall be determined in accordance with section 146(j). ``(iv) Qualified state.--For purposes of this subparagraph, the term `qualified State' means, with respect to a calendar year, any State-- ``(I) which allocated its entire State renters credit ceiling for the preceding calendar year, and ``(II) for which a request is made (not later than May 1 of the calendar year) to receive an allocation under clause (iii). ``(E) Application of certain rules.--For purposes of this paragraph, rules similar to the rules of subparagraphs (E), (F), and (G) of section 42(h)(3) shall apply. ``(F) Inflation adjustment.-- ``(i) In general.--In the case of a calendar year after 2013, the $20,000,000 and $17.50 amounts in subparagraph (C) shall each be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.-- ``(I) In the case of the $20,000,000 amount, any increase under clause (i) which is not a multiple of $50,000 shall be rounded to the next lowest multiple of $50,000. ``(II) In the case of the $17.50 amount, any increase under clause (i) which is not a multiple of 50 cents shall be rounded to the next lowest multiple of 50 cents. ``(f) Other Definitions.--For purposes of this section-- ``(1) Renters credit agency.--The term `renters credit agency' means, with respect to any State, the housing credit agency of such State (as defined in section 42(h)(8)(A)) or such other agency as is authorized to carry out the activities of the renters credit agency under this section. ``(2) Possessions treated as states.--The term `State' includes a possession of the United States. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.''. (b) Credit To Be Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the renters credit determined under section 45S(a).''. (2) Credit allowable against alternative minimum tax.-- Subparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (vii) through (ix) as clauses (viii) through (x), respectively, and by inserting after clause (vi) the following new clause: ``(vii) the credit determined under section 45S,''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45S. Renters credit.''. (d) Effective Date.--The amendments made by this section shall apply to allocations made for calendar years after 2014 and to taxable years ending after December 31, 2014.

Renters Tax Credit Act of 2014 - Amends the Internal Revenue Code to allow a business-related tax credit for a portion of the rent paid by a qualified renter. Defines "qualified renter" as a family unit with income not greater than the higher of 60% of local median income or 150% of the federal poverty line. Establishes the amount of such credit as the rent reduction amount, which: (1) is the amount by which the fair market rent for a rental unit exceeds the rent charged to the qualified renter; and (2) shall not exceed the excess of the rent charged to the qualified renter (or, if lower, specified modest rent) over 30% of the qualified renter's income (prorated monthly).

Renters Tax Credit Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore Online Shoppers' Confidence Act''. SEC. 2. FINDINGS; DECLARATION OF POLICY. The Congress finds the following: (1) The Internet has become an important channel of commerce in the United States, accounting for billions of dollars in retail sales every year. Over half of all American adults have now either made an online purchase or an online travel reservation. (2) Consumer confidence is essential to the growth of online commerce. To continue its development as a marketplace, the Internet must provide consumers with clear, accurate information and give sellers an opportunity to fairly compete with one another for consumers' business. (3) An investigation by the Senate Committee on Commerce, Science, and Transportation found abundant evidence that the aggressive sales tactics many companies use against their online customers have undermined consumer confidence in the Internet and thereby harmed the American economy. (4) The Committee showed that, in exchange for ``bounties'' and other payments, hundreds of reputable online retailers and websites shared their customers' billing information, including credit card and debit card numbers, with third party sellers through a process known as ``data pass''. These third party sellers in turn used aggressive, misleading sales tactics to charge millions of American consumers for membership clubs the consumers did not want. (5) Third party sellers offered membership clubs to consumers as they were in the process of completing their initial transactions on hundreds of websites. These third party ``post- transaction'' offers were designed to make consumers think the offers were part of the initial purchase, rather than a new transaction with a new seller. (6) Third party sellers charged millions of consumers for membership clubs without ever obtaining consumers' billing information, including their credit or debit card information, directly from the consumers. Because third party sellers acquired consumers' billing information from the initial merchant through ``data pass'', millions of consumers were unaware they had been enrolled in membership clubs. (7) The use of a ``data pass'' process defied consumers' expectations that they could only be charged for a good or a service if they submitted their billing information, including their complete credit or debit card numbers. (8) Third party sellers used a free trial period to enroll members, after which they periodically charged consumers until consumers affirmatively canceled the memberships. This use of ``free-to-pay conversion'' and ``negative option'' sales took advantage of consumers' expectations that they would have an opportunity to accept or reject the membership club offer at the end of the trial period. SEC. 3. PROHIBITIONS AGAINST CERTAIN UNFAIR AND DECEPTIVE INTERNET SALES PRACTICES. (a) Requirements for Certain Internet-Based Sales.--It shall be unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other financial account for any good or service sold in a transaction effected on the Internet, unless-- (1) before obtaining the consumer's billing information, the post-transaction third party seller has clearly and conspicuously disclosed to the consumer all material terms of the transaction, including-- (A) a description of the goods or services being offered; (B) the fact that the post-transaction third party seller is not affiliated with the initial merchant, which may include disclosure of the name of the post-transaction third party in a manner that clearly differentiates the post-transaction third party seller from the initial merchant; and (C) the cost of such goods or services; and (2) the post-transaction third party seller has received the express informed consent for the charge from the consumer whose credit card, debit card, bank account, or other financial account will be charged by-- (A) obtaining from the consumer-- (i) the full account number of the account to be charged; and (ii) the consumer's name and address and a means to contact the consumer; and (B) requiring the consumer to perform an additional affirmative action, such as clicking on a confirmation button or checking a box that indicates the consumer's consent to be charged the amount disclosed. (b) Prohibition on Data-Pass Used To Facilitate Certain Deceptive Internet Sales Transactions.--It shall be unlawful for an initial merchant to disclose a credit card, debit card, bank account, or other financial account number, or to disclose other billing information that is used to charge a customer of the initial merchant, to any post- transaction third party seller for use in an Internet-based sale of any goods or services from that post-transaction third party seller. (c) Application with Other Law.--Nothing in this Act shall be construed to supersede, modify, or otherwise affect the requirements of the Electronic Funds Transfer Act (15 U.S.C. 1693 et seq.) or any regulation promulgated thereunder. (d) Definitions.--In this section: (1) Initial merchant.--The term ``initial merchant'' means a person that has obtained a consumer's billing information directly from the consumer through an Internet transaction initiated by the consumer. (2) Post-transaction third party seller.--The term ``post- transaction third party seller'' means a person that-- (A) sells, or offers for sale, any good or service on the Internet; (B) solicits the purchase of such goods or services on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (C) is not-- (i) the initial merchant; (ii) a subsidiary or corporate affiliate of the initial merchant; or (iii) a successor of an entity described in clause (i) or (ii). SEC. 4. NEGATIVE OPTION MARKETING ON THE INTERNET. It shall be unlawful for any person to charge or attempt to charge any consumer for any goods or services sold in a transaction effected on the Internet through a negative option feature (as defined in the Federal Trade Commission's Telemarketing Sales Rule in part 310 of title 16, Code of Federal Regulations), unless the person-- (1) provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information; (2) obtains a consumer's express informed consent before charging the consumer's credit card, debit card, bank account, or other financial account for products or services through such transaction; and (3) provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer's credit card, debit card, bank account, or other financial account. SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) In General.--Violation of this Act or any regulation prescribed under this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (b) Penalties.--Any person who violates this Act or any regulation prescribed under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated in and made part of this Act. (c) Authority Preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. SEC. 6. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) Right of Action.--Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this Act or any regulation issued under this Act that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, United States Code, to obtain appropriate injunctive relief. (b) Notice to Commission Required.--A State shall provide prior written notice to the Federal Trade Commission of any civil action under subsection (a) together with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action. (c) Intervention by the commission.--The Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--Nothing in this section shall be construed-- (1) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or (2) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State. (e) Limitation.--No separate suit shall be brought under this section if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Restore Online Shoppers' Confidence Act - Defines "post-transaction third party seller" as a person that: (1) sells, or offers for sale, any good or service on the Internet; (2) solicits purchases on the Internet through an initial merchant after the consumer has initiated a transaction with the initial merchant; and (3) is not the initial merchant, a subsidiary or corporate affiliate of the initial merchant, or a successor to the initial merchant or subsidiary. Makes it unlawful for any post-transaction third party seller to charge or attempt to charge any consumer's credit card, debit card, bank account, or other such financial account in an Internet-based transaction, unless: (1) before obtaining the consumer's billing information, the seller has disclosed all material terms, including the fact that the such seller is not affiliated with the initial merchant, and a description and the cost of the offered goods or services; and (2) the seller has received the express informed consent from the consumer for the charge. Makes it unlawful for an initial merchant to disclose such financial account number or other billing information to any post-transaction third party Internet seller (sometimes referred to as a data-pass). Makes it unlawful for any person to charge or attempt to charge a consumer for goods or services sold in an Internet-based transaction through a negative option feature unless the person: (1) provides text that clearly and conspicuously discloses all material terms of the transaction before obtaining the consumer's billing information; (2) obtains a consumer's express informed consent before charging the consumer's financial account for products or services through such transaction; and (3) provides simple mechanisms for a consumer to stop recurring charges from being placed on the consumer's financial account. Defines "negative option feature" to mean, in an offer or agreement to sell or provide any goods or services, a provision under which the customer's silence or failure to take an affirmative action to reject goods or services or to cancel the agreement is interpreted by the seller as acceptance of the offer. Treats a violation of this Act or any regulation thereunder as an unfair or deceptive act or practice. Requires the Federal Trade Commission (FTC) to enforce this Act. Authorizes the attorney general of a state to bring an action for injunctive relief in federal court on behalf of the state's residents.

A bill to protect consumers from certain aggressive sales tactics on the Internet.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Demilitarization Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) The world's governments spend $840,000,000,000 each year to support military forces of more than 23,000,000 soldiers. (2) This expenditure for achieving security has itself become a serious threat to security, absorbing 11 percent of all government expenditures at a time when citizens in both developed and developing countries face sharp cuts in programs--such as health, education, research, and job training--that provide the human building blocks for our common future. (3) The United States and other developed nations bear significant responsibility for excessive military expenditures, accounting for 77 percent of world military spending and for 94 percent of arms transfers to developing nations, with the United States being the world's leader in both categories. (4) The United States and other developed nations jointly have a controlling vote in the International Monetary Fund, the International Bank for Reconstruction and Development, and other international financial institutions that have subsidized excessive military spending in numerous countries by exempting the military portions of a country's budget from audit and assessment. (5) Developing nations also bear significant responsibility for excessive military expenditures, spending $191,000,000,000 each year, or 4 times all receipts of foreign aid from all sources. (6) In the developing world, where more than 900,000,000 people cannot read or write, military spending is nearly as high as spending on education. (7) In the developing world, where 1,000,000,000 people never see a health professional and where more than 2,000,000 children die each year of preventable infectious diseases, military spending is higher than spending on health. (8) The lack of transparency, to both a country's citizens and to international financial institutions, of the military budget and of military ownership or other forms of involvement in the civilian economy provides refuge for corruption and undercuts the international financial institutions' efforts to promote ``good governance''. (9) Ownership of businesses and investment funds and other types of financial interests of armed forces in the civilian sector of the economy in countries as diverse as Chile, China, Ecuador, Guatemala, and Indonesia distorts prices and reduces competition, and also increases the political power of armed forces, thereby posing a threat to the transition to economic and political freedom in the developing world that is a primary goal of United States foreign policy. (10) Top-ranking United States and international officials, including the Secretary of the Treasury, the President of the World Bank, and the Managing Director of the International Monetary Fund, have publicly recognized the urgent need to reduce world military spending, and pledged to make policy changes in their institutions to promote reductions. (11) Congress and the President have also made the reduction of world military spending a goal of United States foreign policy, and provided for the use of the financial resources and technical capabilities of the international financial institutions to achieve that goal, by enacting-- (A) section 60 of the Bretton Woods Agreements Act, which requires the United States Executive Director at the International Monetary Fund to report on methods to promote reductions in military spending; (B) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993, which, in its statement of managers, urges United States executive directors at all the international financial institutions to use the United States voice and vote to promote reductions in military spending; (C) section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, which requires the State Department to report on countries' efforts to reduce military spending, including regional force reduction talks; and (D) section 1502 of the International Financial Institutions Act, which requires United States executive directors at the international financial institutions to take into account, when deciding on loan proposals, the proposed recipient's commitment to providing accurate military spending data and ending military involvement in the civilian economy. (E) section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, which states that beginning three years after the date of enactment of this Act, the United States Executive Director of each international financial institution must use the voice and vote of the United States to oppose any loan or other utilization of the funds of their respective institutions, other than to address basic human needs, for the government of any country which the Secretary of the Treasury determines-- (i) does not have in place a functioning system for a civilian audit of all receipts and expenditures that fund activities of the armed forces and security forces; (ii) has not provided a summary of a current audit to the institution. (12) Despite these high-level statements and requirements in law, no significant progress has been made in establishing either a mechanism for regional talks on mutual military reductions or mechanisms within the international financial institutions for-- (A) verifying through accepted auditing procedures the accuracy of reported military budgets; (B) receiving and assessing the justification for various expenditures within military budgets as well as the overall trends and amounts of such expenditures; and (C) ending military ownership and financial interests in the civilian economy. (13) Dr. Oscar Arias, former President of Costa Rica and 1987 Nobel Peace Laureate, has joined with over 80 citizens' groups around the world to propose a practical plan to achieve the goals of these high-level statements and requirements in law, The Year 2000 Campaign to Redirect World Military Spending to Human Development, which contains the following 6 proposals: (A) The Security Council and General Assembly of the United Nations call on all nations to commit to meeting with their neighbors to identify and implement confidence-building measures and mutual reductions in military threats that will reduce the likelihood of future conflicts. These nations will seek to achieve substantial reductions in military forces and expenditures by the year 2000. (B) Special envoys be appointed by the United Nations Secretary-General to organize these demilitarization talks in various regions of the world. (C) Every nation meet with its regional envoy to present plans for regional security at reduced force levels. These nations will also participate in negotiations guided by the envoy in order to identify military capacities and implement mutual force reductions. Such negotiations will reduce the threat that nations pose to each other due to the size, proximity, and technological sophistication of their armed forces. (D) With savings from reduced military spending, all nations, in cooperation with grassroots organizations, implement economic reforms related to demilitarization, such as the conversion of military to non-military production, landmine clearance, community reconstruction, and the reintegration of demobilized soldiers. (E) In support of the steps taken toward demilitarization by developing countries, industrialized nations condition their bilateral and multilateral aid to promote demilitarization. They will exchange debt forgiveness for military conversion efforts, provide special funding for programs to assist the demilitarization process, promote full transparency and reductions in military budgets, and bring about the end of military involvement in the civilian economy. (F) All arms-exporting nations agree to a Code of Conduct on arms transfers that would bar exports to nondemocratic governments, countries engaged in armed aggression in violation of international law, countries that do not fully participate in the United Nations Register of conventional arms, and governments permitting gross violations of internationally recognized human rights. (14) Citizens around the world are signing The Arias Peace Pledge and communicating to their governments their support for the proposals of The Year 2000 Campaign to Redirect World Military Spending to Human Development. (15) The United Nations is expected to consider crucial components of this 6-point plan. SEC. 3. PURPOSE. The purpose of this Act is to enhance international security by using the resources and expertise of the international financial institutions and the United Nations to redirect world military spending to human development. SEC. 4. SPECIAL ENVOYS FOR MUTUAL DISARMAMENT. The President shall instruct the United States Ambassador to the United Nations to support in the Security Council, the General Assembly, and other United Nations bodies, resolutions and other efforts to-- (1) appoint special envoys for conflict prevention to organize and conduct, in cooperation with appropriate multilateral institutions, mutual disarmament talks in every region of the world in which all nations would participate, and to report to international financial institutions on the degree of cooperation of governments with these talks; (2) commit each member state to agree to meet with its regional special envoy within 3 months of appointment to deliver and discuss its proposal for regional (and, where appropriate, international) confidence-building measures, including mutual reductions in the size, proximity, and technological sophistication of its and other nations' armed forces, that would lead to significant cuts in threat levels and military spending; and (3) commit each member state to agree to continue meeting with the special envoy and such regional bodies and states as the special envoy shall suggest to complete negotiations on such confidence-building measures, with the goal of making significant cuts in military spending by the year 2000. SEC. 5. ALTERNATIVE SECURITY PLAN. Within 3 months after the date of the enactment of this Act, the President shall prepare and deliver to the Congress and to the Secretary General of the United Nations a report as described in section 4(2) that would detail the changes in other nations' forces and United States forces that would permit by the year 2000 a dramatic reduction in United States military spending. SEC. 6. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the United States should not provide economic assistance, military assistance, or approve arms transfers or related training, to any foreign government at any time during which the United States is opposing loans to that foreign government at international financial institutions pursuant to section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997. (2) the President should designate the United States Agency for International Development to be the lead agency for the determinations made pursuant to section 576 (also section 15027); and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues such as those raised in this Act into the loan review process of such international financial institutions.

Demilitarization Act of 1997 - Directs the President to instruct the United Nations (UN) Ambassador to support UN efforts to: (1) appoint special conflict prevention envoys to conduct mutual disarmament talks in every region of the world in which all nations would participate; (2) commit each member state to meet with its regional special envoy to discuss its proposal for regional and international confidence-building measures (including mutual reductions in armed forces); and (3) commit each member state to continue meeting with the special envoy and suggested regional bodies and states to complete negotiations on such measures, in order to make significant military spending cuts by the year 2000. Directs the President to detail to the Congress and the UN Secretary General the changes in military forces that would permit a dramatic reduction in U.S. military spending by the year 2000. Expresses the sense of the Congress that: (1) the United States should provide neither economic nor military assistance, nor approve arms transfers or related training to any foreign government while it opposes loans to such government at international financial institutions pursuant to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997; (2) the President should designate the U.S. Agency for International Development to be the lead agency for making such determinations; and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues into their loan review process.

Demilitarization Act of 1997

SECTION 1. DEPARTMENT OF DEFENSE EFFORTS TO PLACE SEPARATED MEMBERS OF THE ARMED FORCES IN EMPLOYMENT POSITIONS WITH LAW ENFORCEMENT AGENCIES AND HEALTH CARE PROVIDERS. (a) Placement Program With Law Enforcement Agencies.--Chapter 58 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1152. Assistance to separated members to obtain employment with law enforcement agencies ``(a) Placement Program.--The Secretary of Defense shall establish a program to assist eligible members of the Armed Forces to obtain employment by State and local law enforcement agencies upon their discharge or release from active duty. ``(b) Eligible Members.--(1) Except as provided in paragraph (2), a member of the Armed Forces may apply to participate in the program established under subsection (a) if the member-- ``(A) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or is given early retirement under section 4403 of the National Defense Authorization Act for Fiscal Year 1993 during the four- year period beginning on October 1, 1993; ``(B) has a military occupational specialty, training, or experience related to law enforcement, such as service as a member of the military police; and ``(C) satisfies such other criteria for selection as the Secretary of Defense may prescribe. ``(2) A member who is discharged or released from service under other than honorable conditions shall not be eligible to participate in the program. ``(c) Selection of Participants.--(1) The Secretary of Defense shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary before the date of the discharge or release of the members from active duty. An application shall be in such form and contain such information as the Secretary may require. ``(2) The Secretary may not select a member to participate in the program unless the Secretary has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsection (d) with respect to that member. ``(d) Grants to Facilitate Employment.--(1) The Secretary of Defense shall enter into agreements with State and local law enforcement agencies to assist eligible members selected under subsection (c) to obtain suitable employment with these agencies. Under the agreement, the law enforcement agency shall agree to employ a separated member selected for the program on a full-time basis for at least a two-year period. ``(2) Under an agreement referred to in paragraph (1), the Secretary shall agree to pay to the law enforcement agency involved an amount equal to the lesser of-- ``(A) the basic salary to be paid to the separated member during the required two-year period of employment; and ``(B) $50,000. ``(3) Payments required under paragraph (2) may be made by the Secretary in such installments as the Secretary may determine. ``(4) If a separated member who is placed under this program leaves the employment of the law enforcement agency before the end of the two years of required employment service, the agency shall reimburse the Secretary in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the two years of required service. ``(5) The Secretary may not make a grant under this subsection to a law enforcement agency if the Secretary determines that the law enforcement agency terminated the employment of another employee in order to fill the vacancy so created with a separated member under this program.''. (b) Placement Program With Health Care Providers.--Chapter 58 of title 10, United States Code, is amended by adding after section 1152, as added by subsection (a), the following new section: ``Sec. 1153. Assistance to separated members to obtain employment with health care providers ``(a) Placement Program.--The Secretary of Defense shall establish a program to assist eligible members of the armed forces to obtain employment by health care providers upon their discharge or release from active duty. ``(b) Eligible Members.--(1) Except as provided in paragraph (2), a member shall be eligible for selection by the Secretary of Defense to participate in the program established under subsection (a) if the member-- ``(A) is selected for involuntary separation, is approved for separation under section 1174a or 1175 of this title, or is given early retirement under section 4403 of the National Defense Authorization Act for Fiscal Year 1993 during the four- year period beginning on October 1, 1993; ``(B) has received an associate degree, baccalaureate, or advanced degree from an accredited institution of higher education or a junior or community college; ``(C) has a military occupational specialty, training, or experience related to health care or is likely to be able to obtain such training in a short period of time, as determined by the Secretary; and ``(D) satisfies such other criteria for selection as the Secretary may prescribe. ``(2) A member who is discharged or released from service under other than honorable conditions shall not be eligible to participate in the program. ``(c) Selection of Participants.--(1) The Secretary of Defense shall select members to participate in the program established under subsection (a) on the basis of applications submitted to the Secretary before the date of the discharge or release of the members from active duty. An application shall be in such form and contain such information as the Secretary may require. ``(2) The Secretary may not select a member to participate in the program unless the Secretary has sufficient appropriations for the placement program available at the time of the selection to satisfy the obligations to be incurred by the United States under subsections (d) with respect to that member. ``(d) Grants to Facilitate Employment.--(1) The Secretary of Defense shall enter into an agreement with a health care provider to assist eligible members selected under subsection (c) to obtain suitable employment with the health care provider. Under the agreement, the provider shall agree to employ a separated member selected for the program on a full-time basis for at least a two-year period. ``(2) Under an agreement referred to in paragraph (1), the Secretary shall agree to pay to the health care provider involved an amount equal to the lesser of-- ``(A) the basic salary to be paid to the separated member during the required two-year period of employment; and ``(B) $50,000. ``(3) Payments required under paragraph (2) may be made by the Secretary in such installments as the Secretary may determine. ``(4) If a separated member who is placed under this program leaves the employment of the health care provider before the end of the two years of required employment service, the provider shall reimburse the Secretary in an amount that bears the same ratio to the total amount already paid under the agreement as the unserved portion bears to the two years of required service. ``(5) The Secretary may not make a grant under this subsection to a health care provider if the Secretary determines that the provider terminated the employment of another employee in order to fill the vacancy so created with a separated member under this program.''. (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``1152. Assistance to separated members to obtain employment with law enforcement agencies. ``1153. Assistance to separated members to obtain employment with health care providers.''.

Directs the Secretary of Defense to establish a program to assist eligible members of the armed forces to obtain employment by State or local law enforcement agencies or by health care providers upon discharge or release from active duty. Makes eligible for such assistance members: (1) selected for involuntary separation, separated under a special separation benefits program, or given early retirement during a four-year period beginning on October 1, 1993; (2) having certain educational degrees or certification; and (3) having a military occupational specialty, training, or experience related to law enforcement or health care. Provides for the making of grants to law enforcement agencies and health care providers in order to facilitate such employment.

To amend title 10, United States Code, to assist members of the Armed Forces who are discharged or released from active duty to obtain employment with law enforcement agencies and health care providers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kid Friendly TV Programming Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) More than a decade ago, the American Psychological Society concluded that ``There is absolutely no doubt that higher levels of viewing violence on television are correlated with increased acceptance of aggressive attitudes and increased aggressive behavior.''. (2) A study in 2003 found that adults who were ``high TV- violence viewers'' as children are more than three-to-four times as likely as other adults to be convicted of a crime and to use violence against their spouses and other adults. (3) Adults who watched more violent programming as children were more likely to be arrested and convicted for spousal and child abuse, murder and aggravated assault. (4) Ten percent of violent acts committed by youths are attributable to their exposure to violence on television. (5) Forty percent of parents surveyed in l999 in Rhode Island reported that at least one symptom of post-traumatic stress disorder occurred after their child viewed a scary event on television, and that this symptom lasted at least 1 month. (6) The average child who watches 2 hours of cartoons a day will view almost 10,000 violent acts a year. (7) Teenagers who watched television with the greatest amount of sexual content were twice as likely to initiate sexual intercourse the following year as those who watched television with the least amount of sexual content. (8) The Kaiser Family Foundation reported in 2002 that 72 percent of teenagers think sex on television influences ``somewhat'' or ``a lot'' the sexual behavior of their peers. (9) The Kaiser Family Foundation reported in 2003 that 64 percent of all television shows have some sexual content, and that in prime time, 71 percent of the top 4 broadcast network shows have some sexual content. (10) The continued exposure of children to obscene, indecent, sexual, or gratuitous or excessively violent content on television is harmful to the public health and welfare of communities across the country. (11) Efforts to limit the exposure of children to television programming that contains material with obscene, indecent, violent, or sexual content, or to impose fines and penalties for the broadcast of such content, have not been successful in protecting children from harmful content. (12) The number of homes in the United States that receive television programming via cable or satellite providers is estimated to have grown to 85 percent of American households, and of that percentage, an estimated 95 percent of the households subscribe to basic or expanded basic programs. (13) The efforts to limit the exposure of children to harmful television content have not been successful because Federal regulatory agencies have not had the authority to require cable and satellite providers to offer a child-friendly tier of programming. (14) Parents need more effective ways to limit the exposure of children to television with harmful content through alternative, child-friendly tiers of programs. SEC. 3. BASIC TIER CONTENT RESTRICTIONS. Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 631 et seq.) is amended by adding at the end the following: ``SEC. 641. KID-FRIENDLY PROGRAMMING TIER. ``(a) In General.--Within 1 months after the date of enactment of the Kid Friendly TV Programming Act of 2005, each multichannel video programming distributor shall offer a child-friendly tier of programming consisting of no fewer than 15 channels. ``(b) Blocking Instructions.--Beginning 6 months after the date of enactment of the Kid Friendly TV Programming Act of 2005, each multichannel video programming distributor shall provide, as part of the monthly statement of charges, instructions for how to block any channel whose content a subscriber may wish to block. ``(c) Penalties.--In addition to any other penalty imposed under this Act or title 18, United States Code, failure to comply with the requirements of this section is punishable by a civil penalty of up to $500,000 per day. Each day of such failure shall be considered a separate offense. ``(d) Child-Friendly Defined.--In this section, the term `child- friendly tier' means a group of channels that do not carry programming, advertisements, or public service announcements that would be considered inappropriate for children due to obscene, indecent, profane, sexual, or gratuitous and excessively violent content.''. D23/

Kid Friendly TV Programming Act of 2005 - Amends the Communications Act of 1934 to require multi-channel video programming distributors to provide: (1) a child-friendly programming tier of at least 15 channels; and (2) channel blocking instructions as part of the monthly bill. Imposes civil monetary penalties for violations of this Act. Defines "child-friendly tier."

A bill to amend the Communications Act of 1934 to require multi-channel video programming distributors to provide a kid-friendly tier of programming.

SECTION 1. SHORT TITLE. This Act may be cited as the ``None of the Above Act''. SEC. 2. OPTION TO VOTE FOR ``NONE OF THE ABOVE'' IN GENERAL ELECTIONS FOR FEDERAL OFFICE. (a) In General.--Notwithstanding any other provision of law, any individual casting a ballot in a general election for Federal office shall be given the opportunity to cast a vote for ``None of the Above''. (b) Placement.--On a ballot in a general election for Federal office, ``None of the Above'' shall appear as a separate line after the names of all other candidates in the election. SEC. 3. EFFECT OF ``NONE OF THE ABOVE'' RECEIVING GREATEST NUMBER OF VOTES CAST IN ELECTION. (a) Elections for House of Representatives and Senate.-- (1) Special election required.--If ``None of the Above'' receives the greatest number of votes cast in a general election for the office of Senator or the office of Representative in, or Delegate or Resident Commissioner to, the Congress-- (A) executive authority of the State in which the election is held shall issue a writ of election to hold a special election for such office, at such time and in accordance with such procedures as the State may establish (subject to paragraph (2)); and (B) absent the certification of the result of such a special election prior to the first day of the first Congress which begins after the date of the election, a vacancy shall be considered to exist in the office as of such date. (2) Application to special election of certain rules governing special elections in extraordinary circumstances.-- Section 26(b) of the Revised Statutes of the United States (2 U.S.C. 8(b)) shall apply with respect to a special election held under paragraph (1) in the same manner as such section applies to special elections held in extraordinary circumstances, except that-- (A) any reference in such section to the date on which the Speaker of the House of Representatives announces that a vacancy exists shall be deemed to be a reference to the date of the general election for which ``None of the Above'' received the greatest number of votes; and (B) notwithstanding subsection (b)(3)(A) of such section, the determination of the candidates who will run in the special election held under paragraph (1) shall be made by such method as the State considers appropriate that will ensure that the State will hold the special election within the deadline required under subsection (b)(2) of such section. (3) State defined.--In this subsection, the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Elections for President and Vice President.-- (1) New election.--If ``None of the Above'' receives the greatest number of the aggregate votes cast in all States in the general election for the offices of President and Vice President held on the date established for the appointing of electors under section 1 of title 3, United States Code-- (A) no electors of President and Vice President shall be considered to have been appointed in any State on that date; and (B) the electors of President and Vice President shall be appointed in each State pursuant to a special general election held 35 days after that date. (2) Timing for meeting and vote of electors.--Section 7 of title 3, United States Code, is amended by inserting after ``following their appointment'' the following: ``(or, in the case of electors appointed pursuant to a special general election held under section 3(b) of the None of the Above Act, 3 days after the date of such special election)''. (3) Time for counting of electoral votes by congress.--The first sentence of section 15 of title 3, United States Code, is amended by inserting after ``meeting of the electors'' the following: ``(or, in the case of a meeting of the electors after a special general election held under section 3(b) of the None of the Above Act, on the 16th day of January succeeding the meeting)''. (4) Determination of candidates.--The determination of the candidates who will run in the special election held under paragraph (1)(B) in a State shall be made by such method as the State considers appropriate that will ensure that the State will hold the special election within the deadline required under section 7 of title 3, United States Code (as amended by paragraph (2)). (5) State defined.--In this subsection, the term ``State'' means each of the several States and the District of Columbia. SEC. 4. EFFECTIVE DATE. This section shall apply with respect to general elections for Federal office beginning with the first regularly scheduled general election held after the date of the enactment of this Act.

None of the Above Act Any individual casting a ballot in a general election for federal office shall be given the opportunity to cast a vote for "None of the Above" on a separate line after the names of all other candidates in the election. The effect of "None of the Above" receiving the greatest number of votes in elections for the House of Representatives and the Senate would be to require a special election and in elections for President and Vice President it would be to require a special general election.

None of the Above Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Elder Serve Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The proportion of the United States population 60 years of age or older will drastically increase in the next 30 years as more than 76,000,000 baby boomers approach retirement and old age. (2) Every year an estimated 2.1 million older Americans are victims of physical, psychological, or other forms of abuse and neglect. (3) Elder abuse, neglect, and exploitation have no boundaries, and cross all racial, social class, gender, and geographic lines. (4) For every case of elder abuse and neglect reported to authorities, experts estimate that there may be as many as 5 cases not reported. (5) Nearly 70 percent of the annual caseloads of Adult Protective Service agencies involve elder abuse. (6) The most recent Bureau of Justice Statistics report states that 90 percent of elder abuse and neglect incidents are by known perpetrators, usually family members, and 2/3 of such incidents are by adult children or spouses. SEC. 3. ESTABLISHMENT OF ELDER SERVE COORDINATING COUNCILS PILOT PROGRAMS. (a) Establishment.--The Attorney General, acting through the Director of the Office of Victims of Crime of the Department of Justice (in this section referred to as the ``Director''), shall carry out a three-year grant program to be known as the Elder Serve Coordinating Councils grant program (in this section referred to as the ``Program'') to provide grants to eligible entities to establish pilot programs to facilitate and coordinate programs described in subsection (e) for victims of elder abuse. (b) Eligibility Requirements for Grantees.--To be eligible to receive a grant under the Program, an entity must meet the following criteria: (1) Eligible crime victim assistance program.--The entity is a crime victim assistance program receiving a grant under the Victims of Crime Act of 1984 (42 U.S.C. 1401 et seq.) for the period described in subsection (c)(2) with respect to the grant sought under this section. (2) Coordination with local community based agencies and services.--The entity shall demonstrate to the satisfaction of the Director that such entity has a record of community coordination or established contacts with other county and local services that serve elderly individuals. (3) Ability to create ecrt on timely basis.--The entity shall demonstrate to the satisfaction of the Director the ability of the entity to create, not later than 6 months after receiving such grant, an Emergency Crisis Response Team program described in subsection (e)(1) and the programs described in subsection (e)(2). For purposes of meeting the criteria described in paragraph (2), for each year an entity receives a grant under this section the entity shall provide a record of community coordination or established contacts described in such paragraph through memorandums of understanding, contracts, subcontracts, and other such documentation. (c) Administrative Provisions.-- (1) Consultation.--Each pilot program established pursuant to this section shall be developed and carried out in consultation with the following entities: (A) Elder Serve Incorporated of Louisville, Kentucky. (B) Relevant Federal, State, and local public and private agencies and entities, relating to elder abuse, neglect, and exploitation and other crimes against elderly individuals. (C) Local law enforcement including police, sheriffs, detectives, public safety officers, corrections personnel, prosecutors, medical examiners, investigators, and coroners. (D) Long term care and nursing facilities. (2) Grant period.--Grants under the Program shall be issued for a three-year period. (3) Locations.--The Program shall be carried out in six geographically and demographically diverse locations, taking into account-- (A) the number of elderly individuals residing in or near an area; and (B) the difficulty of access to immediate short- term housing and health services for victims of elder abuse. (d) Personnel.--In providing care and services, each pilot program established pursuant to this section may employ a staff to assist in creating an Emergency Crisis Response Teams under subsection (e)(1). (e) Use of Grants.-- (1) Emergency crisis response team.--Each entity that receives a grant under this section shall use such grant to establish an Emergency Crisis Response Team program by not later than the date that is six months after the entity receives the grant. Under such program the following shall apply: (A) Such program shall include immediate, short- term emergency services, including shelter, care services, food, clothing, transportation to medical or legal appointment as appropriate, and any other life- services deemed necessary by the entity for victims of elder abuse. (B) Such program shall provide services only to victims of elder abuse who have been referred to the program through the adult protective services agency of the local law enforcement or any other relevant law enforcement or referral agency. (C) A victim of elder abuse may not receive short- term housing under the program for more than five consecutive days. (D) The entity that established the program shall enter into arrangements with the relevant local law enforcement agencies so that the program receives weekly reports from such agencies on elder abuse. (2) Additional services required to be provided.--Not later than one year after the date an entity receives a grant under this section, such entity shall have established the following programs (and community collaborations to support such programs): (A) Counseling.--A program that provides counseling and assistance for victims of elder abuse accessing health care, educational, pension, or other benefits for which seniors may be eligible under Federal or applicable State law. (B) Mental health screening.--A program that provides mental health screenings for victims of elder abuse to identify and seek assistance for potential mental health disorders such as depression or substance abuse. (C) Emergency legal advocacy.--A program that provides legal advocacy for victims of elder abuse. (D) Job placement assistance.--A program that provides job placement assistance and information on employment, training, or volunteer opportunities for victims of elder abuse. (E) Bereavement counseling.--A program that provides bereavement counseling for families of victims of elder abuse. (F) Other services.--A program that provides such other care, services, and assistance as the entity considers appropriate for purposes of the pilot program. (f) Technical Assistance.--The Director shall enter into contracts with private entities with experience in elder abuse coordination to provide such technical assistance to grantees under this section as the entity determines appropriate. (g) Reports to Congress.--Not later than 12 months after the commencement of the Program, and every 6 months thereafter (before months beginning after the last day of the Program), the entity shall submit to the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives, the Chairman and Ranking Member of the Special Committee on Aging of the Senate, and the Chairman and Ranking Member of other relevant committees with jurisdiction a report on the progress of the Program. Each report for a period shall include the following: (1) A description and assessment of the implementation of the Program. (2) An assessment of the effectiveness of the pilot program in providing care and services to seniors, including a comparative assessment of effectiveness for each of the locations designated under subsection (c)(3) for the Program. (3) An assessment of the effectiveness of the coordination for programs described in subsection (e) in contributing toward the effectiveness of the Program. (4) Such recommendations as the entity considers appropriate for modifications of the Program in order to better provide care and services to seniors. (h) Definitions.--For purposes of this section: (1) Elder abuse.--The term ``elder abuse'' means any type of violence or abuse, whether mental or physical, inflicted upon an elderly individual. (2) Elderly individual.--The term ``elderly individual'' means an individual who is age 65 or older. (i) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Justice to carry out this section $3,000,000 for each of the fiscal years 2009 through 2011.

Elder Serve Act of 2008 - Directs the Attorney General, acting through the Director of the Office of Victims of Crime of the Department of Justice (DOJ), to carry out a three-year Elder Serve Coordinating Councils grant program to provide grants to eligible entities to establish pilot programs to facilitate and coordinate Emergency Crisis Response Team programs to provide short-term emergency services for victims of elder abuse. Requires grant recipients, within one year, to establish counseling, mental health screening, legal advocacy, job placement assistance, and family bereavement counseling programs for such victims.

To establish pilot programs that provide for emergency crisis response teams to combat elder abuse.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Development Venture Capital Assistance Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) there is a need for the development and expansion of organizations that provide private equity capital to smaller businesses in areas in which equity-type capital is scarce, such as inner cities and rural areas, in order to create and retain jobs for low-income residents of those areas; (2) to invest successfully in smaller businesses, particularly in inner cities and rural areas, requires highly specialized investment and management skills; (3) there is a shortage of professionals who possess such skills and there are few training grounds for individuals to obtain those skills; (4) providing assistance to organizations that provide specialized technical assistance and training to individuals and organizations seeking to enter or expand in this segment of the market would stimulate small business development and entrepreneurship in economically distressed communities; and (5) assistance from the Federal Government could act as a catalyst to attract investment from the private sector and would help to develop a specialized venture capital industry focused on creating jobs, increasing business ownership, and generating wealth in low-income communities. SEC. 3. COMMUNITY DEVELOPMENT VENTURE CAPITAL ACTIVITIES. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 32 as section 33; and (2) by inserting after section 31 the following: ``SEC. 32. COMMUNITY DEVELOPMENT VENTURE CAPITAL ACTIVITIES. ``(a) Definitions.--In this section: ``(1) Community development venture capital organization.-- The term `community development venture capital organization' means a privately-controlled organization that-- ``(A) has a primary mission of promoting community development in low-income communities, as defined by the Administrator, through investment in private business enterprises; or ``(B) administers or is in the process of establishing a community development venture capital fund for the purpose of making equity investments in private business enterprises in such communities. ``(2) Developmental organization.--The term `developmental organization'-- ``(A) means a public or private entity, including a college or university, that provides technical assistance to community development venture capital organizations or that conducts research or training in community development venture capital investment; and ``(B) may include an intermediary organization. ``(3) Intermediary organization.--The term `intermediary organization'-- ``(A) means a private, nonprofit entity that has-- ``(i) a primary mission of promoting community development through investment in private businesses in low-income communities; and ``(ii) significant prior experience in providing technical assistance or financial assistance to community development venture capital organizations; ``(B) may include community development venture capital organizations. ``(b) Authority.--In order to promote the development of community development venture capital organizations, the Administrator, may-- ``(1) enter into contracts with 1 or more developmental organizations to carry out training and research activities under subsection (c); and ``(2) make grants in accordance with this section-- ``(A) to developmental organizations to carry out training and research activities under subsection (c); and ``(B) to intermediary organizations to provide training and assistance under subsection (d) to community development venture capital organizations. ``(c) Training and Research Activities of Developmental Organizations.-- ``(1) In general.--Subject to paragraph (2), a developmental organization that receives a grant under subsection (b)(2)(A) shall use the funds made available through the grant for 1 or more of the following training and research activities: ``(A) Enhancement of professional skills.--Creating and operating training programs to enhance the professional skills for individuals in community development venture capital organizations or operating private community development venture capital funds. ``(B) Increasing interest in community development venture capital.--Creating and operating a program to select and place students and recent graduates from business and related professional schools as interns with community development venture capital organizations and intermediary organizations for a period of up to 1 year, and to provide stipends for such interns during the internship period. ``(C) Promoting `best practices'.--Organizing an annual national conference for community development venture capital organizations to discuss and share information on the best practices regarding issues relevant to the creation and operation of community development venture capital organizations. ``(D) Mobilizing academic resources.--Encouraging the formation of 1 or more centers for the study of community development venture capital at graduate schools of business and management, providing funding for the development of materials for courses on topics in this area, and providing funding for research on economic, operational, and policy issues relating to community development venture capital. ``(2) Limitation.--The Administrator shall ensure that not more than 25 percent of the amount made available to carry out this section is used for activities described in paragraph (1). ``(d) Use of Grant Funds by Intermediary Organizations.--An intermediary organization that receives a grant under subsection (b)(2)(B) shall use the funds made available through the grant to provide training and assistance with respect to marketing, management, and technical issues to promote the development of community development venture capital organizations, which assistance may include grants to community development venture capital organizations for the start up costs and operating support of those organizations. ``(e) Matching Requirement.--The Administrator shall require, as a condition of any grant made to an intermediary organization under section (b)(2)(B), that a matching amount equal to the amount of such grant be provided from sources other than the Federal Government. ``(f) Regulations.--The Administrator may promulgate such regulations as may be necessary to carry out this section, which regulations may take effect upon issuance. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section a total of $20,000,000 for fiscal years 2000 through 2003.''.

Community Development Venture Capital Assistance Act of 1999 - Amends the Small Business Act to authorize the Administrator of the Small Business Administration to: (1) enter into contracts with one or more development organizations specializing in community development in low-income communities to carry out training and research activities to enhance the professional skills of individuals within community development venture capital organizations operating in such communities; and (2) make grants to development organizations for such activities and to intermediary organizations to provide training and assistance to community development venture capital organizations operating in such communities. Requires matching non-Federal funds. Authorizes appropriations for FY 2000 through 2003.

Community Development Venture Capital Assistance Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccine Injured Children's Compensation Act of 2001''. SEC. 2. PURPOSE OF PROGRAM. Section 2110(a) of the Public Health Service Act, such Act (42 U.S.C. 300aa-10(a)) is amended by adding at the end the following sentence: ``Such Program is a remedial program that is to be construed, both as to causation and damages, in a fashion that gives broad effect to the remedial purpose of this subtitle. Concepts of sovereign immunity do not apply in such Program.''. SEC. 3. BURDEN OF PROOF. Section 2113 of the Public Health Service Act (42 U.S.C. 300aa-13) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``a preponderance of the evidence'' and inserting the following: ``submitting evidence sufficient to justify a belief by a fair and impartial individual that petitioner's claims are well grounded as to''; and (B) in the matter after and below subparagraph (B), by adding at the end the following: ``When, after consideration of all evidence and material of record in a case, there is an approximate balance of positive and negative evidence, while applying the standard under subparagraph (A), regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to petitioner.''; (2) in subsection (a)(2)(B)-- (A) by inserting ``only'' before ``include infection''; and (B) by inserting a comma after ``metabolic disturbances''; (3) in subsection (a), by adding at the end the following paragraph: ``(3) Any defense raised by respondent that the illness, disability, injury, condition, or death described in the petition was in fact due to factors unrelated to the administration of the vaccine must be proved by clear and convincing evidence and may not be made on the basis of a repudiation of the Vaccine Injury Table.''; and (4) in subsection (b)(1), in the matter after and below subparagraph (B), by striking ``shall consider the entire record and the course of the injury'' and inserting the following: ``shall consider the entire record. In the evaluation of damages and future needs, the special master or court shall consider the course of injury''. SEC. 4. COMPENSATION ISSUES. Section 2115 of the Public Health Service Act (42 U.S.C. 300aa-15) is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A)-- (i) in clause (ii), by striking ``and'' at the end; (ii) in clause (iii), by striking the period at the end of subclause (II) and inserting ``; and''; and (iii) by adding at the end the following clause: ``(iv) are necessary for the establishment and maintenance of a trust to receive program funds.''; (B) in paragraph (4), by adding after the period the following sentence: ``No reduction to net present value shall be applied to this portion of a petitioner's award.''; and (C) by adding at the end the following paragraph: ``(5) Actual unreimbursable expenses that have been or will be incurred for family counseling and/ or training determined to be reasonably necessary and that result from the vaccine-related injury for which the petitioner seeks compensation.''; (2) in subsection (b)-- (A) in paragraph (1), by adding ``and'' after the comma at the end; (B) in paragraph (2), by striking ``, and'' and inserting a period; and (C) by striking paragraph (3); and (3) in subsection (e), by adding at the end the following paragraph: ``(4)(A) During the pendency of a petition filed under section 2111 (whether for a vaccine administered after the effective date of this part or before such date), the special master or court may, upon application of the petitioner, award payments to cover the petitioner's reasonable attorneys' fees and other costs that have been incurred with respect to the petition. ``(B) Payments under subparagraph (A) regarding the petition involved may not be made more frequently than once every 90 days.'' . SEC. 5. LIMITATIONS OF ACTIONS. Section 2116 of the Public Health Service Act (42 U.S.C. 300aa-16) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``36 months'' and inserting ``72 months''; (B) in paragraph (3)-- (i) by striking ``24 months'' and inserting ``36 months''; and (ii) by striking ``48 months'' and inserting ``72 months''; and (C) by adding after and below paragraph (3) the following: ``Notwithstanding the limitations contained in this subtitle as amended by the Vaccine Injury Compensation Program Corrective Amendments of 2001, the time period for filing a petition shall be extended an additional 36 months from the date the petitioner first knew or reasonably should have known that the petitioner may have been eligible for compensation under this subtitle, including knowledge not only that the injury or death involved may have been caused by the vaccine, but also that a petition under section 2111 was a potential remedy.''; (2) in subsection (b), in the matter preceding paragraph (1), by striking ``2 years'' and inserting ``72 months''; and (3) by adding at the end the following subsections: ``(d) The statute of limitations for filing a petition under section 2111 shall be tolled until petitioner reaches the age of 18, and, if a petitioner is incompetent, until 24 months after a guardian is appointed or otherwise qualified by a court of competent jurisdiction. ``(e) Notwithstanding section 2114(c)(4) or 2111(b)(2), if a petitioner who previously filed a petition under section 2111 was denied compensation because of (1) failure to satisfy the former $1,000 unreimbursed expenses requirement of section 2111(c)(1)(D)(I), or (2) failure to satisfy the filing deadlines set forth in section 2114, in any case in which the petitioner would have satisfied the limitations of actions provisions of this subtitle as amended by the Vaccine Injury Compensation Program Corrective Amendments of 2001, then the petitioner shall have the right to refile the petition within 72 months after reaching the age of majority, or within 24 months after the effective date of such Amendments, whichever is the longer period.''.

Vaccine Injured Children's Compensation Act of 2001 - Amends provisions of the Public Health Service Act relating to the National Vaccine Injury Compensation Program to: (1) designate the Program as a remedial program under which sovereign immunity does not apply; (2) change the burden of proof requirement for the award of compensation from a preponderance of the evidence to evidence sufficient to justify a belief that the petitioner's claims are well grounded (while giving the benefit of doubt to the petitioner); (3) require any defense raised that an illness, injury, or death was due to unrelated factors to be proved by clear and convincing evidence; (4) authorize as Program compensation expenses necessary for the establishment of a trust to receive Program funds, as well as expenses incurred for family counseling or training necessitated by the vaccine-related injury; (5) allow the award of petitioner's attorneys' fees; (6) increase to up to 72 months the statute of limitations under the Program; (7) allow such period to be extended for an additional 36 months after a petitioner first knew or should have known about his or her eligibility for compensation; (8) toll the statute of limitations until a petitioner reaches age 18 and, if a petitioner is incompetent, until 24 months after a guardian is appointed; and (9) authorize the refiling of a previously failed petition if the petitioner would have met the extended statute of limitations provided under this Act.

To amend the Public Health Service Act with respect to the Vaccine Injury Compensation Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Improvement Act''. TITLE I--IMPROVEMENT OF MEDICARE PRESCRIPTION DRUG BENEFITS SEC. 101. PERMITTING THE NEGOTIATION OF FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS ON BEHALF OF MEDICARE BENEFICIARIES. Section 1860D-11 of the Social Security Act, as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Authority to Negotiate Prices With Manufacturers.--In order to ensure that beneficiaries enrolled under prescription drug plans, MA-PD plans, and qualified retiree prescription drug plans pay the lowest possible price, the Secretary shall have authority similar to that of the Secretary of Veterans Affairs, Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part.''. SEC. 102. ELIMINATION OF GAP IN COVERAGE OF PRESCRIPTION DRUG BENEFITS. (a) In General.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)), as added by section 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), is amended by striking paragraph (3) and inserting the following: ``(3) Repealed.''. (b) Conforming Amendments.-- (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (A) in subsection (a)(2)(A)(i)(I), by striking ``, or an increase in the initial coverage limit with respect to covered part D drugs''; (B) in subsection (b)(2)(A), by striking ``and up to the initial coverage limit under paragraph (3)''; (C) in subsection (b)(4)(C)(i)-- (i) by striking the comma after ``paragraph (1)'' and inserting ``and''; and (ii) by striking ``, and for amounts for which benefits are not provided because of the application of the initial coverage limit described in paragraph (3)''; (D) in subsection (c)(1), by striking subparagraph (C); and (E) in subsection (d)(1)(A), by striking ``or an initial coverage limit (described in subsection (b)(3))''. (2) Section 1860D-4(a)(4)(B) of such Act (42 U.S.C. 1395w- 104(a)(4)(B)) is amended to read as follows: ``(B) when prescription drug benefits are provided under this part, a notice of the benefits in relation to the annual out-of-pocket threshold for the current year.''. (3)(A) Section 1860D-14(a) of such Act (42 U.S.C. 1395w- 114(a)) is amended-- (i) in paragraph (1), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; (ii) in paragraph (2), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (iii) in paragraph (4)(A) in the matter preceding clause (i), by striking ``paragraph (1)(D)(ii)'' and inserting ``paragraph (1)(C)(ii)''. (B) Section 1860D-14(c)(1) of such Act (42 U.S.C. 1395w- 114(c)(1)) is amended in the second sentence by striking ``subsections (a)(1)(D) and (a)(2)(E)'' and inserting ``subsections (a)(1)(C) and (a)(2)(D)''. (C) Section 1860D-15(e)(1)(B) of such Act (42 U.S.C. 1395w- 115(e)(1)(B)) is amended by striking ``paragraphs (1)(D) and (2)(E)'' and inserting ``paragraphs (1)(C) and (2)(D)''. (4)(A) Section 1860D-41(a)(6) of such Act (42 U.S.C. 1395w- 151(a)(6)) is amended by striking paragraph (6) and redesignating paragraphs (7) through (18) as paragraphs (6) through (17), respectively. (B) Section 1860D-1(a)(1)(A) of such Act (42 U.S.C. 1395w- 101(a)(1)(A)) is amended by striking ``1860D-41(a)(14)'' and inserting ``1860D-41(a)(13)''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public law 108-173). TITLE II--IMPORTATION OF PRESCRIPTION DRUGS SEC. 201. SHORT TITLE. This title may be cited as the ``Pharmaceutical Market Access Act of 2004''. SEC. 202. IMPORTATION OF PRESCRIPTION DRUGS. (a) Nullification of Certain Amendments Made by Public Law 108- 173.--The Federal Food, Drug, and Cosmetic Act is amended-- (1) in section 804 (21 U.S.C. 384), by amending the section to read as if section 1121(a) of Public Law 108-173 had not been enacted; (2) in section 301 (21 U.S.C. 331), by amending the section to read as if section 1121(b)(1) of Public Law 108-173 had not been enacted; and (3) in section 303 (21 U.S.C. 333), by amending the section to read as if section 1121(b)(2) of Public Law 108-173 had not been enacted. (b) Importation of Prescription Drugs.--Section 804 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384), as amended by subsection (a)(1) of this section, is amended-- (1) in subsection (a)-- (A) by striking ``The Secretary'' and inserting ``Not later than 180 days after the date of the enactment of the Pharmaceutical Market Access Act of 2003, the Secretary''; and (B) by striking ``pharmacists and wholesalers'' and inserting ``pharmacists, wholesalers, and qualifying individuals''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) require that each covered product imported pursuant to such subsection complies with sections 501, 502, and 505, and other applicable requirements of this Act; and''; (B) in paragraph (2), by striking ``, including subsection (d); and'' and inserting a period; and (C) by striking paragraph (3); (3) in subsection (c), by inserting ``by pharmacists and wholesalers (but not qualifying individuals)'' after ``importation of covered products''; (4) in subsection (d)-- (A) by striking paragraphs (3) and (10); (B) in paragraph (5), by striking ``, including the professional license number of the importer, if any''; (C) in paragraph (6)-- (i) in subparagraph (C), by inserting ``(if required under subsection (e))'' before the period; (ii) in subparagraph (D), by inserting ``(if required under subsection (e))'' before the period; and (iii) in subparagraph (E), by striking ``labeling''; (D) in paragraph (7)-- (i) in subparagraph (A), by inserting ``(if required under subsection (e))'' before the period; and (ii) by amending subparagraph (B) to read as follows: ``(B) Certification from the importer or manufacturer of such product that the product meets all requirements of this Act.''; and (E) by redesignating paragraphs (4) through (9) as paragraphs (3) through (8), respectively; (5) by amending subsection (e) to read as follows: ``(e) Testing.-- ``(1) In general.--Subject to paragraph (2), regulations under subsection (a) shall require that testing referred to in paragraphs (5) through (7) of subsection (d) be conducted by the importer of the covered product, unless the covered product is a prescription drug subject to the requirements of section 505C for counterfeit-resistant technologies. ``(2) Exception.--The testing requirements of paragraphs (5) through (7) of subsection (d) shall not apply to an importer unless the importer is a wholesaler.''; (6) in subsection (f), by striking ``or designated by the Secretary, subject to such limitations as the Secretary determines to be appropriate to protect the public health''; (7) in subsection (g)-- (A) by striking ``counterfeit or''; and (B) by striking ``and the Secretary determines that the public is adequately protected from counterfeit and violative covered products being imported pursuant to subsection (a)''; (8) in subsection (i)(1)-- (A) by amending subparagraph (A) to read as follows: ``(A) In general.--The Secretary shall conduct, or contract with an entity to conduct, a study on the imports permitted pursuant to subsection (a), including consideration of the information received under subsection (d). In conducting such study, the Secretary or entity shall evaluate the compliance of importers with regulations under subsection (a), and the incidence of shipments pursuant to such subsection, if any, that have been determined to be misbranded or adulterated, and determine how such compliance contrasts with the incidence of shipments of prescription drugs transported within the United States that have been determined to be misbranded or adulterated.''; and (B) in subparagraph (B), by striking ``Not later than 2 years after the effective date of final regulations under subsection (a),'' and inserting ``Not later than 18 months after the date of the enactment of the Pharmaceutical Market Access Act of 2003,''; (9) in subsection (k)(2)-- (A) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (B) by inserting after subparagraph (C) the following: ``(D) The term `qualifying individual' means an individual who is not a pharmacist or a wholesaler.''; and (10) by striking subsections (l) and (m). SEC. 203. USE OF COUNTERFEIT-RESISTANT TECHNOLOGIES TO PREVENT COUNTERFEITING. (a) Misbranding.--Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352; deeming drugs and devices to be misbranded) is amended by adding at the end the following: ``(w) If it is a drug subject to section 503(b), unless the packaging of such drug complies with the requirements of section 505C for counterfeit-resistant technologies.''. (b) Requirements.--Title V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 505B the following: ``SEC. 505C. COUNTERFEIT-RESISTANT TECHNOLOGIES. ``(a) Incorporation of Counterfeit-Resistant Technologies Into Prescription Drug Packaging.--The Secretary shall require that the packaging of any drug subject to section 503(b) incorporate-- ``(1) overt optically variable counterfeit-resistant technologies that are described in subsection (b) and comply with the standards of subsection (c); or ``(2) technologies that have an equivalent function of security, as determined by the Secretary. ``(b) Eligible Technologies.--Technologies described in this subsection-- ``(1) shall be visible to the naked eye, providing for visual identification of product authenticity without the need for readers, microscopes, lighting devices, or scanners; ``(2) shall be similar to that used by the Bureau of Engraving and Printing to secure United States currency; ``(3) shall be manufactured and distributed in a highly secure, tightly controlled environment; and ``(4) should incorporate additional layers of non-visible covert security features up to and including forensic capability. ``(c) Standards for Packaging.-- ``(1) Multiple elements.--For the purpose of making it more difficult to counterfeit the packaging of drugs subject to section 503(b), manufacturers of the drugs shall incorporate the technologies described in subsection (b) into multiple elements of the physical packaging of the drugs, including blister packs, shrink wrap, package labels, package seals, bottles, and boxes. ``(2) Labeling of shipping container.--Shipments of drugs described in subsection (a) shall include a label on the shipping container that incorporates the technologies described in subsection (b), so that officials inspecting the packages will be able to determine the authenticity of the shipment. Chain of custody procedures shall apply to such labels and shall include procedures applicable to contractual agreements for the use and distribution of the labels, methods to audit the use of the labels, and database access for the relevant governmental agencies for audit or verification of the use and distribution of the labels.''.

Medicare Prescription Drug Improvement Act - Amends title XVIII (Medicare) of the Social Security Act to repeal provisions prohibiting the Secretary of Health and Human Services from interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors. Grants the Secretary authority similar to that of the Secretary of Veterans Affairs, Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered Medicare part D (Voluntary Prescription Drug Benefit Program) drugs. Eliminates the initial coverage limit on the maximum costs that may be recognized for payment purposes (including the annual deductible) with respect to prescription drug benefits. Pharmaceutical Market Access Act of 2004 - Amends the Federal Food, Drug and Cosmetic Act to: (1) repeal certain sections of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 relating to importation of prescription drugs from Canada. and (2) restore previous law. Amends such restored law to direct the Secretary to promulgate regulations allowing qualifying individuals (in addition to pharmacists and wholesalers) to import covered products. Repeals the mandate that the Secretary require that a foreign seller specify the original source of the product and the amount of each lot of the product originally received. Amends provisions regarding the testing of imported covered products. Declares that specified tests shall not be required unless the importer is a wholesaler. Requires such tests to be conducted by the importer-wholesaler unless a product is a prescription drug subject to the provisions of this Act pertaining to counterfeit-resistant packaging. Classifies prescription drugs as misbranded if they do not incorporate specified counterfeit-resistant technologies in packaging. Directs the Secretary to require that the packaging of any subject drug incorporate specified overt optically variable counterfeit-resistant technologies.

To amend part D of title XVIII of the Social Security Act to authorize the Secretary of Health and Human Services to negotiate for lower prices for Medicare prescription drugs and to eliminate the gap in coverage of Medicare prescription drug benefits, to authorize the Secretary of Health and Human Services to promulgate regulations for the reimportation of prescription drugs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``SEC Small Business Advocate Act of 2016''. SEC. 2. ESTABLISHMENT OF OFFICE OF THE ADVOCATE FOR SMALL BUSINESS CAPITAL FORMATION AND SMALL BUSINESS CAPITAL FORMATION ADVISORY COMMITTEE. (a) Office of the Advocate for Small Business Capital Formation.-- Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following: ``(j) Office of the Advocate for Small Business Capital Formation.-- ``(1) Office established.--There is established within the Commission the Office of the Advocate for Small Business Capital Formation (hereafter in this subsection referred to as the `Office'). ``(2) Advocate for small business capital formation.-- ``(A) In general.--The head of the Office shall be the Advocate for Small Business Capital Formation, who shall-- ``(i) report directly to the Commission; and ``(ii) be appointed by the Commission, from among individuals having experience in advocating for the interests of small businesses and encouraging small business capital formation. ``(B) Compensation.--The annual rate of pay for the Advocate for Small Business Capital Formation shall be equal to the highest rate of annual pay for other senior executives who report directly to the Commission. ``(C) No current employee of the commission.--An individual may not be appointed as the Advocate for Small Business Capital Formation if the individual is currently employed by the Commission. ``(3) Staff of office.--The Advocate for Small Business Capital Formation, after consultation with the Commission, may retain or employ independent counsel, research staff, and service staff, as the Advocate for Small Business Capital Formation determines to be necessary to carry out the functions of the Office. ``(4) Functions of the advocate for small business capital formation.--The Advocate for Small Business Capital Formation shall-- ``(A) assist small businesses and small business investors in resolving significant problems such businesses and investors may have with the Commission or with self-regulatory organizations; ``(B) identify areas in which small businesses and small business investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations; ``(C) identify problems that small businesses have with securing access to capital, including any unique challenges to minority-owned and women-owned small businesses; ``(D) analyze the potential impact on small businesses and small business investors of-- ``(i) proposed regulations of the Commission that are likely to have a significant economic impact on small businesses and small business capital formation; and ``(ii) proposed rules that are likely to have a significant economic impact on small businesses and small business capital formation of self-regulatory organizations registered under this title; ``(E) conduct outreach to small businesses and small business investors, including through regional roundtables, in order to solicit views on relevant capital formation issues; ``(F) to the extent practicable, propose to the Commission changes in the regulations or orders of the Commission and to Congress any legislative, administrative, or personnel changes that may be appropriate to mitigate problems identified under this paragraph and to promote the interests of small businesses and small business investors; ``(G) consult with the Investor Advocate on proposed recommendations made under subparagraph (F); and ``(H) advise the Investor Advocate on issues related to small businesses and small business investors. ``(5) Access to documents.--The Commission shall ensure that the Advocate for Small Business Capital Formation has full access to the documents and information of the Commission and any self- regulatory organization, as necessary to carry out the functions of the Office. ``(6) Annual report on activities.-- ``(A) In general.--Not later than December 31 of each year after 2015, the Advocate for Small Business Capital Formation shall submit to 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 the activities of the Advocate for Small Business Capital Formation during the immediately preceding fiscal year. ``(B) Contents.--Each report required under subparagraph (A) shall include-- ``(i) appropriate statistical information and full and substantive analysis; ``(ii) information on steps that the Advocate for Small Business Capital Formation has taken during the reporting period to improve small business services and the responsiveness of the Commission and self-regulatory organizations to small business and small business investor concerns; ``(iii) a summary of the most serious issues encountered by small businesses and small business investors, including any unique issues encountered by minority-owned and women-owned small businesses and their investors, during the reporting period; ``(iv) an inventory of the items summarized under clause (iii) (including items summarized under such clause for any prior reporting period on which no action has been taken or that have not been resolved to the satisfaction of the Advocate for Small Business Capital Formation as of the beginning of the reporting period covered by the report) that includes-- ``(I) identification of any action taken by the Commission or the self-regulatory organization and the result of such action; ``(II) the length of time that each item has remained on such inventory; and ``(III) for items on which no action has been taken, the reasons for inaction, and an identification of any official who is responsible for such action; ``(v) recommendations for such changes to the regulations, guidance and orders of the Commission and such legislative actions as may be appropriate to resolve problems with the Commission and self-regulatory organizations encountered by small businesses and small business investors and to encourage small business capital formation; and ``(vi) any other information, as determined appropriate by the Advocate for Small Business Capital Formation. ``(C) Confidentiality.--No report required by subparagraph (A) may contain confidential information. ``(D) Independence.--Each report required under subparagraph (A) shall be provided directly to the committees of Congress listed in such subparagraph without any prior review or comment from the Commission, any commissioner, any other officer or employee of the Commission, or the Office of Management and Budget. ``(7) Regulations.--The Commission shall establish procedures requiring a formal response to all recommendations submitted to the Commission by the Advocate for Small Business Capital Formation, not later than 3 months after the date of such submission. ``(8) Government-business forum on small business capital formation.--The Advocate for Small Business Capital Formation shall be responsible for planning, organizing, and executing the annual Government-Business Forum on Small Business Capital Formation described in section 503 of the Small Business Investment Incentive Act of 1980 (15 U.S.C. 80c-1). ``(9) Rule of construction.--Nothing in this subsection may be construed as replacing or reducing the responsibilities of the Investor Advocate with respect to small business investors.''. (b) Small Business Capital Formation Advisory Committee.--Title I of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the end the following: ``SEC. 40. SMALL BUSINESS CAPITAL FORMATION ADVISORY COMMITTEE. ``(a) Establishment and Purpose.-- ``(1) Establishment.--There is established within the Commission the Small Business Capital Formation Advisory Committee (hereafter in this section referred to as the `Committee'). ``(2) Functions.-- ``(A) In general.--The Committee shall provide the Commission with advice on the Commission's rules, regulations, and policies with regard to the Commission's mission of protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation, as such rules, regulations, and policies relate to-- ``(i) capital raising by emerging, privately held small businesses (`emerging companies') and publicly traded companies with less than $250,000,000 in public market capitalization (`smaller public companies') through securities offerings, including private and limited offerings and initial and other public offerings; ``(ii) trading in the securities of emerging companies and smaller public companies; and ``(iii) public reporting and corporate governance requirements of emerging companies and smaller public companies. ``(B) Limitation.--The Committee shall not provide any advice with respect to any policies, practices, actions, or decisions concerning the Commission's enforcement program. ``(b) Membership.-- ``(1) In general.--The members of the Committee shall be-- ``(A) the Advocate for Small Business Capital Formation; ``(B) not fewer than 10, and not more than 20, members appointed by the Commission, from among individuals-- ``(i) who represent-- ``(I) emerging companies engaging in private and limited securities offerings or considering initial public offerings (`IPO') (including the companies' officers and directors); ``(II) the professional advisors of such companies (including attorneys, accountants, investment bankers, and financial advisors); and ``(III) the investors in such companies (including angel investors, venture capital funds, and family offices); ``(ii) who are officers or directors of minority-owned small businesses or women-owned small businesses; ``(iii) who represent-- ``(I) smaller public companies (including the companies' officers and directors); ``(II) the professional advisors of such companies (including attorneys, auditors, underwriters, and financial advisors); and ``(III) the pre-IPO and post-IPO investors in such companies (both institutional, such as venture capital funds, and individual, such as angel investors); and ``(iv) who represent participants in the marketplace for the securities of emerging companies and smaller public companies, such as securities exchanges, alternative trading systems, analysts, information processors, and transfer agents; and ``(C) three non-voting members-- ``(i) one of whom shall be appointed by the Investor Advocate; ``(ii) one of whom shall be appointed by the North American Securities Administrators Association; and ``(iii) one of whom shall be appointed by the Administrator of the Small Business Administration. ``(2) Term.--Each member of the Committee appointed under subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1) shall serve for a term of 4 years. ``(3) Members not commission employees.--Members appointed under subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1) shall not be treated as employees or agents of the Commission solely because of membership on the Committee. ``(c) Chairman; Vice Chairman; Secretary; Assistant Secretary.-- ``(1) In general.--The members of the Committee shall elect, from among the members of the Committee-- ``(A) a chairman; ``(B) a vice chairman; ``(C) a secretary; and ``(D) an assistant secretary. ``(2) Term.--Each member elected under paragraph (1) shall serve for a term of 3 years in the capacity for which the member was elected under paragraph (1). ``(d) Meetings.-- ``(1) Frequency of meetings.--The Committee shall meet-- ``(A) not less frequently than four times annually, at the call of the chairman of the Committee; and ``(B) from time to time, at the call of the Commission. ``(2) Notice.--The chairman of the Committee shall give the members of the Committee written notice of each meeting, not later than 2 weeks before the date of the meeting. ``(e) Compensation and Travel Expenses.--Each member of the Committee who is not a full-time employee of the United States shall-- ``(1) be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Committee; and ``(2) while away from the home or regular place of business of the member in the performance of services for the Committee, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. ``(f) Staff.--The Commission shall make available to the Committee such staff as the chairman of the Committee determines are necessary to carry out this section. ``(g) Review by Commission.--The Commission shall-- ``(1) review the findings and recommendations of the Committee; and ``(2) each time the Committee submits a finding or recommendation to the Commission, promptly issue a public statement-- ``(A) assessing the finding or recommendation of the Committee; and ``(B) disclosing the action, if any, the Commission intends to take with respect to the finding or recommendation. ``(h) Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Committee and its activities.''. (c) Annual Government-Business Forum on Small Business Capital Formation.--Section 503(a) of the Small Business Investment Incentive Act of 1980 (15 U.S.C. 80c-1(a)) is amended by inserting ``(acting through the Office of the Advocate for Small Business Capital Formation and in consultation with the Small Business Capital Formation Advisory Committee)'' after ``Securities and Exchange Commission''. 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 House on February 1, 2016. SEC Small Business Advocate Act of 2016 (Sec. 2) This bill amends the Securities Exchange Act of 1934 to establish within the Securities and Exchange Commission (SEC) an Office of the Advocate for Small Business Capital Formation. The Advocate for Small Business Capital Formation shall: assist small businesses and small business investors in resolving significant problems they may have with the SEC or with self-regulatory organizations; identify areas in which such businesses and investors would benefit from changes in SEC regulations or the rules of such organizations; identify problems that small businesses have with securing access to capital, including any unique challenges to minority-owned and women-owned small businesses; analyze the potential impact on such businesses and investors of proposed SEC regulations and proposed rules that are likely to have a significant economic impact on small businesses and small business capital formation; conduct outreach to such businesses and investors to solicit views on relevant capital formation issues; propose to the SEC changes in its regulations or orders, and propose to Congress legislative, administrative, or personnel changes, to mitigate problems identified and to promote the interests of such businesses and investors; consult with the Investor Advocate on such proposals and advise the Investor Advocate on small business-related issues; submit annual reports on its activities to specified congressional committees; and be responsible for planning, organizing, and executing the annual Government-Business Forum on Small Business Capital Formation. The bill also establishes the Small Business Capital Formation Advisory Committee, which shall provide the SEC with advice on SEC rules, regulations, and policies regarding its mission of protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation, as they relate to: capital raising by emerging, privately held small businesses and publicly traded companies with less than $250 million in public market capitalization through securities offerings; trading in the securities of such businesses and companies; and public reporting and corporate governance requirements of such businesses and companies. The SEC shall assess the committee's recommendations and disclose any action it intends to take with respect to such recommendations.

SEC Small Business Advocate Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategy for Success in Iraq Act''. SEC. 2. FINDINGS. The Senate makes the following findings: (1) The men and women of the Armed Forces have performed with valor, honor, and courage in Iraq. (2) United States military commanders and intelligence community personnel agree that the insurgency in Iraq draws substantial support from disaffected Iraqi Sunnis. (3) The new Iraq constitution was adopted in a national referendum on October 15, 2005, despite the opposition of a great majority of Iraqi Sunnis. (4) Iraq cannot be stable without a sustainable political solution embraced by the Sunni minority as well as the majority Shias and Kurds. (5) Senior United States military commanders and Administration officials have acknowledged that the insurgency cannot be defeated without a political solution. (6) The commander of the Multinational Forces-Iraq, General George Casey, told the Committee on Armed Services of the Senate on September 29, 2005, that ``[i]ncreased coalition presence feeds the notion of occupation ... contributes to the dependency of Iraqi security forces on the coalition ... [ and ] ... extends the amount of time that it will take for Iraqi security forces to become self-reliant''. (7) General Casey also said that ``[r]educing the visibility and, ultimately, the presence of coalition forces as we transition to Iraqi security self-reliance remains a key element of our overall counterinsurgency strategy''. (8) The United States Armed Forces have established a training program for the security forces of Iraq that continues to make possible the assumption of security responsibilities by such security forces. (9) The number of members of the United States Armed Forces in Iraq has risen to more than 160,000 to provide protection for the recent constitutional referendum and the upcoming December elections in Iraq. (10) The people of Iraq will elect their first permanent government since the 2003 invasion on December 15, 2005. (11) The success of the December elections will constitute an important benchmark in transferring political responsibilities to the people of Iraq. (12) The phased redeployment of United States Armed Forces based on achieving benchmarks for the transfer of political and security responsibilities to Iraq is a critical part of a successful strategy in Iraq. SEC. 3. STRATEGY FOR SUCCESS. To complete the mission in Iraq and bring our troops home, the President must implement a comprehensive new strategy for success in Iraq that simultaneously pursues a sustainable political solution and the redeployment of United States forces tied to specific political and military benchmarks. SEC. 4. IMPLEMENTATION OF STRATEGY. To implement the strategy under section 3, the President must undertake aggressive diplomatic, political, military and economic measures, including actions to achieve the following: (1) Reduce the sense of United States occupation of Iraq by-- (A) committing publicly not to establish permanent United States military bases in Iraq, or to maintain a large United States combat force on Iraq soil indefinitely; (B) drawing-down at least 20,000 United States troops upon the successful completion of the December 2005 elections as the first step in the process of reducing the United States force presence in Iraq as political and military benchmarks are met; and (C) reducing the visibility of United States forces by placing as many as possible in rear guard, garrisoned status for security backup purposes. (2) Give Sunnis a real stake in the future of Iraq by-- (A) convincing Iraqi Shias and Kurds to address legitimate Sunni concerns about regional autonomy and the allocation of oil revenues; (B) hosting a conference of the neighbors of Iraq, the United Kingdom, other key members of the North Atlantic Treaty Alliance, and the Russian Federation, immediately after the December elections, to develop a collective strategy to bring the parties in Iraq to a sustainable political compromise that also includes mutual security guarantees among the peoples of Iraq; and (C) urging the Sunni neighbors of Iraq to immediately set up a reconstruction fund targeted to the majority Sunni areas to show Iraqi Sunnis the benefits of participating in the political process. (3) Appoint a high-level presidential envoy to strengthen United States diplomatic efforts with respect to Iraq. (4) Develop a new regional security structure with United States participation to enlist the support of the Sunni neighbors of Iraq. (5) Accelerate reconstruction efforts in Iraq by providing the necessary civilian personnel to do the job, establishing civil-military reconstruction teams throughout Iraq, streamlining the disbursement of funds to the provinces of Iraq, expanding job creation programs in Iraq, and strengthening the capacity of Iraqi government ministries. (6) Create the military conditions for the redeployment of United States forces by-- (A) intensifying the training of Iraqi security forces through expanded in-country training and the acceptance of outstanding offers from other countries to do more training; (B) transferring military and police responsibilities on a phased basis to Iraqi security forces as their capabilities increase; and (C) working with the new Iraq government to secure international support for a multinational force to help protect the borders of Iraq until a capable national army is formed. SEC. 5. REPORTS TO CONGRESS. (a) Reports Required.--Not later than June 30, 2006, and every six months thereafter, the President shall submit to the appropriate committees of Congress a report the actions taken to implement the strategy set forth in section 3 including the actions specified in section 4. (b) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committees on Foreign Relations and Appropriations of the Senate; and (2) the Committees on International Relations and Appropriations of the House of Representatives.

Strategy for Success in Iraq Act - Directs the the President to implement a comprehensive new strategy for success in Iraq that simultaneously pursues a political solution and the redeployment of U.S. forces tied to specific political and military benchmarks, including actions to achieve the following: (1) reducing the sense of U.S. occupation of Iraq; (2) giving Sunnis a real stake in Iraq's future; (3) appointing a high-level presidential envoy to strengthen U.S. diplomatic efforts with respect to Iraq; (4) developing a new regional security structure with U.S. participation to enlist the support of the Sunni neighbors of Iraq; (5) accelerating reconstruction efforts in Iraq by providing the necessary civilian personnel, establishing civil-military reconstruction teams, streamlining fund disbursement to the provinces, expanding job creation programs, and strengthening the capacity of Iraqi government ministries; and (6) creating the military conditions for the redeployment of U.S. forces.

A bill to provide for a comprehensive, new strategy for success in Iraq that includes a sustainable political solution and the redeployment of United States forces tied to specific political and military benchmarks.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pardon Attorney Reform and Integrity Act''. SEC. 2. REPRIEVES AND PARDONS. (a) Definitions.--In this section-- (1) the term ``executive clemency'' means any exercise by the President of the power to grant reprieves and pardons under clause 1 of section 2 of article II of the Constitution of the United States, and includes any pardon, commutation, reprieve, or remission of a fine; and (2) the term ``victim'' has the meaning given the term in section 503(e) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(e)). (b) Establishment of Office of the Pardon Attorney.--There is hereby established in the Department of Justice the Office of the Pardon Attorney. It shall be the duty of the Pardon Attorney to assist the Attorney General to carry out the responsibilities of the Attorney General under this Act and in advising the President regarding executive clemency. (c) Reporting Requirement.--If the Attorney General investigates or reviews, in any particular matter or case, a potential grant of executive clemency, the Attorney General shall prepare and submit to the President a written report, which shall include-- (1) a description of the efforts of the Attorney General-- (A) to make each determination required under subsection (d); and (B) to make the notifications required under subsection (e)(1); and (2) any written statement submitted under subsection (d) by a victim or by a Federal, State, or local law enforcement official, investigator, prosecutor, probation officer, judge, or prison official. (d) Determinations Required.--In the preparation of any report under subsection (c), the Attorney General shall make all reasonable efforts to-- (1) inform the victims of each offense that is the subject of the potential grant of executive clemency that they may submit written statements for inclusion in the report submitted by the Attorney General under subsection (c), and determine the opinions of those victims regarding the potential grant of executive clemency; (2) determine the opinions of law enforcement officials, investigators, prosecutors, probation officers, judges, and prison officials involved in apprehending, prosecuting, sentencing, incarcerating, or supervising the conditional release from imprisonment of the person for whom a grant of executive clemency is petitioned or otherwise under consideration as to the propriety of granting executive clemency and particularly whether the person poses a danger to any person or society and has expressed remorse and accepted responsibility for the criminal conduct to which a grant of executive clemency would apply; (3) determine the opinions of Federal, State, and local law enforcement officials as to whether the person for whom a grant of executive clemency is petitioned or otherwise under consideration may have information relevant to any ongoing investigation or prosecution, or any effort to apprehend a fugitive; and (4) determine the opinions of Federal, State, and local law enforcement or intelligence agencies regarding the effect that a grant of executive clemency would have on the threat of terrorism or other ongoing or future criminal activity. (e) Notification to Victims.-- (1) In general.--The Attorney General shall make all reasonable efforts to notify the victims of each offense that is the subject of the potential grant of executive clemency of the following events, as soon as practicable after their occurrence: (A) The undertaking by the Attorney General of any investigation or review of a potential grant of executive clemency in a particular matter or case. (B) The submission to the President of any report under subsection (c). (C) The decision of the President to deny any petition or request for executive clemency. (2) Notification of grant of executive clemency.--If the President grants executive clemency, the Attorney General shall make all reasonable efforts to notify the victims of each offense that is the subject of the potential grant of executive clemency that such grant has been made as soon as practicable after that grant is made, and, if such grant will result in the release of any person from custody, such notice shall be prior to that release from custody, if practicable. (f) No Effect on Other Actions.--Nothing in this section shall be construed to-- (1) prevent any officer or employee of the Department of Justice from contacting any victim, prosecutor, investigator, or other person in connection with any investigation or review of a potential grant of executive clemency; (2) prohibit the inclusion of any other information or view in any report to the President; or (3) affect the manner in which the Attorney General determines which petitions for executive clemency lack sufficient merit to warrant any investigation or review. (g) Applicability.--Notwithstanding any other provision of this section, this section does not apply to any petition or other request for executive clemency that, in the judgment of the Attorney General, lacks sufficient merit to justify investigation or review, such as the contacting of a United States Attorney. (h) Regulations.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall promulgate regulations governing the procedures for complying with this section.

Requires the AG, if the AG investigates or reviews a potential grant of clemency, to prepare and submit to the President a written report including: (1) a description of the AG's efforts to make each of the required determinations and victim notifications under this Act; and (2) any written statement submitted under this Act by a victim or by a Federal, State, or local law enforcement official, investigator, prosecutor, probation officer, judge, or prison official. Directs the AG, in preparing such report: (1) to inform the victims of each offense that is the subject of the potential grant of clemency that they may submit written statements for inclusion in the AG's report and to make every effort to determine their opinions regarding the potential grant of clemency; (2) to determine the opinions of law enforcement and judicial officials as to the propriety of granting clemency, particularly whether the person poses a danger to any person or society and has expressed remorse and accepted responsibility for his or her criminal conduct; (3) to determine the opinions of Federal, State, and local law enforcement officials as to whether the person may have information relevant to any ongoing investigation or prosecution, or any effort to apprehend a fugitive; and (4) to determine the opinions of Federal, State, and local law enforcement or intelligence agencies regarding the effect that a grant of clemency would have on the threat of terrorism or other ongoing or future criminal activity. Requires the AG to notify the victims of: (1) the undertaking by the AG of any investigation or review of a potential grant of clemency in a particular matter or case; (2) the submission to the President of a report under this Act; and (3) the President's decision to deny any petition or request for clemency. Directs the AG, if the President grants clemency, to notify the victims as soon as practicable and, if such grant will result in the release of any person from custody, such notice shall (if practicable) be prior to that release.

Pardon Attorney Reform and Integrity Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting America's Competitive Edge Through Tax Incentives Act of 2006'' or the ``PACE-Finance Act''. SEC. 2. EXPANSION OF CREDIT FOR RESEARCH AND DEVELOPMENT. (a) Credit Made Permanent.-- (1) In general.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (2) Conforming amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (3) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date. (b) Credit Rate Doubled.--Paragraphs (1) and (2) of section 41(a) of the Internal Revenue Code of 1986 are each amended by striking ``20 percent'' and inserting ``40 percent''. (c) New Regulations and Guidelines Authorized.--The Secretary of the Treasury shall issue such regulations or guidelines as are necessary-- (1) to provide uniform conduct of tax audits relating to the credit under section 41 of the Internal Revenue Code of 1986, and (2) to reflect the changing impact of technology on the character of research and development, such as use of databases provided by external parties and the conduct of research and development through joint ventures. (d) Expansion of Credit to Expenses of General Collaborative Research Consortia.--Section 41 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``an energy research consortium'' in subsections (a)(3) and (b)(3)(C)(i) and inserting ``a research consortium'', (2) by striking ``energy'' each place it appears in subsection (f)(6)(A), (3) by inserting ``or 501(c)(6)'' after ``section 501(c)(3)'' in subsection (f)(6)(A)(i)(I), and (4) by striking ``Energy research'' in the heading for subsection (f)(6)(A) and inserting ``Research''. (e) Study of Further Expansion of Credit.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall study and make recommendations in a report to the President, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives on the following possible methods of expanding the scope of the credit under section 41 of the Internal Revenue Code of 1986: (1) Modification of the credit to remove the incremental approach of measuring creditable research and development expenditures for taxpayers with significant and consistent annual research and development expenditures. (2) Expansion of qualifying research and development expenditures to include-- (A) certain employee benefit costs related to qualifying wages, (B) 100 percent of contract research costs, (C) all expenditures which would qualify for treatment under section 174 of such Code, (D) any other costs determined appropriate by the Secretary. (3) Reduction or elimination of limitation of credit under section 280C(c) of such Code. (f) Effective Date.--Except as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2005. SEC. 3. UNITED STATES-BASED INNOVATION INCENTIVES STUDY. (a) Study.--The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall conduct an analysis of the United States tax system and its effect on this country as a location for innovation investment and related activities. The analysis shall include a comparison of the tax policies of other nations relating to long-term innovation investment and an examination of various features of the United States tax system, including-- (1) the treatment of capital gains, including the appropriate rate for very long-term investments or the appropriate allowance for loss write-offs, (2) the overall corporate tax rate, and (3) incentives for high-tech manufacturing and research equipment through tax credits and accelerated depreciation. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall report on the study and analysis described in subsection (a) to the President, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representatives. SEC. 4. EMPLOYEE CONTINUING EDUCATION TAX CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: ``SEC. 45N. EMPLOYEE CONTINUING EDUCATION CREDIT. ``(a) Amount of Credit.-- ``(1) In general.--For purposes of section 38, the employee continuing education credit determined under this section with respect to any employer for any taxable year is the applicable percentage of qualified continuing education costs paid or incurred by the employer during the calendar year ending with or within such taxable year. ``(2) Applicable percentage.--For purposes of this section, the applicable percentage is the percentage determined by the Secretary such that the amount of the credit allowable under this section for any calendar year does not exceed $500,000,000. ``(b) Qualified Continuing Education Costs.--For purposes of this section, the term `qualified continuing education costs' means costs paid or incurred by an employer for education to maintain or improve knowledge or skills in science or engineering of an employee whose employment requires knowledge or skills in science or engineering. ``(c) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations establishing standards for educational courses and programs to which this section applies.''. (b) Credit Made Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``, and'', and by adding at the end the following new paragraph: ``(27) the employee continuing education credit determined under section 45N(a).''. (c) Denial of Double Benefit.--Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Employee Continuing Education Credit.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined under section 45N(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 45N. Employee continuing education credit.''. (e) Effective Date.--The amendments made by this section shall apply to costs paid or incurred in taxable years beginning after December 31, 2005.

Protecting America's Competitive Edge Through Tax Incentives Act of 2006 or the PACE-Finance Act - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) increase the rate of such credit from 20 to 40%; (3) expand such credit to include expenses of a research consortia; and (4) allow a business tax credit for the cost of employee continuing education in science or engineering. Directs the Secretary of the Treasury to: (1) study and make recommendations on methods to expand the scope of the tax credit for increasing research activities; (2) conduct an analysis of the U.S. tax system and its effect on innovation investment and related activities; and (3) report on such studies to the President and Congress.

A bill to amend the Internal Revenue Code of 1986 to provide tax incentives to promote research and development, innovation, and continuing education.

SECTION 1. FINDINGS. The Congress finds that-- (1) preleasing, leasing, exploration, and development and production of oil and gas from the outer Continental Shelf without adequate scientific and environmental information does not provide the level of protection needed for the conservation of the natural resources of the Nation's coastal areas; (2) the Secretary of the Interior, assigned the primary responsibility for the proper stewardship of the Nation's public lands and outer Continental Shelf, is required to provide adequate environmental analysis under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other Federal laws, before such lands are leased to develop oil and gas resources; and (3) to protect the marine, coastal, and human environments of coastal States, the citizens of such States are entitled to have an adequate body of scientific and environmental information, with a minimal level of uncertainty, before such leasing and development are carried out. SEC. 2. AREAS COVERED. The areas to which this Act applies are-- (1) that part of the Eastern Gulf of Mexico Planning Area that is east of the lateral seaward boundary between the States of Florida and Alabama; (2) the Straits of Florida Planning Area; and (3) that part of the South Atlantic Planning Area that is south of the lateral seaward boundary between the States of Florida and Georgia. SEC. 3. RESTRICTIONS AND REQUIREMENTS. (a) General Rule.--The Secretary shall not conduct any preleasing activities, hold any lease sale, or approve or permit any exploration, production, or drilling activities under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) in any area described in section 2 unless-- (1) all assessments, studies, and research required for such area under section 4 have been completed; (2) all such assessments, studies, and research have been peer reviewed, by qualified scientists not employed by the Federal Government, as provided for and supervised by the Joint Task Force; and (3) the Secretary has transmitted to the Congress and to the Governor of Florida a report, which has been reviewed by the Joint Task Force, certifying that the available physical oceanographic, ecological, and socioeconomic information, and other environmental, endangered and threatened species, and marine mammal information, is adequate to enable the Secretary to carry out his responsibilities in such area under the Outer Continental Shelf Lands Act and other Federal laws, with a minimal level of uncertainty, with respect to all preleasing activities, leasing, and exploration, production, and drilling activities. (b) Specific Prohibition.--Notwithstanding subsection (a), the Secretary shall not conduct any preleasing activity, hold any lease sale, or approve or permit any exploration, production, or drilling activities under the Outer Continental Shelf Lands Act in that part of the Eastern Gulf of Mexico Planning Area that is south of 26 degrees north latitude and east of 86 degrees west longitude. (c) Additional Prohibition.--Notwithstanding subsection (a), the Secretary shall not conduct any preleasing activity or hold any lease sale in any area described in section 2 until after the expiration of the period covered by the next oil and gas leasing program issued under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) after the leasing program in effect under such section as of the date of enactment of this Act. SEC. 4. ASSESSMENTS, STUDIES, AND RESEARCH. The assessments, studies, and research referred to in section 3(a)(1) and (2) are as follows: (1) Eastern gulf of mexico planning area.--With respect to the area described in section 2(1): (A) The Assessment of the Historical, Social, and Economic Impacts of Outer Continental Shelf Development on Gulf Coast Communities, to be conducted by the Minerals Management Service. (B) The Northeastern Gulf of Mexico Marine Ecosystem Study, to be conducted by the National Biological Survey. (C) Any additional physical oceanographic studies identified and recommended by the Northeast Gulf of Mexico Physical Oceanography Workshop conducted by the Minerals Management Service in conjunction with Florida State University. (D) Any additional studies or research in such area needed to acquire information where one of the National Research Council's reports found available information inadequate. (E) Any additional physical oceanographic, ecological, or socioeconomic or other environmental studies or endangered and threatened species and marine mammal surveys requested by the Governor of Florida or the Joint Task Force to minimize the uncertainty about the effects of all preleasing activities, leasing, and exploration, production, and drilling activities on the marine environment, the coastal environment, and the human environment of the State of Florida, including any such request for the expansion of assessments, studies, or research described in subparagraphs (A) through (D). (2) Straits of florida planning area.--With respect to the area described in section 2(2): (A) The Assessment of the Historical, Social, and Economic Impacts of Outer Continental Shelf Development on Gulf Coast Communities, to be conducted by the Minerals Management Service. (B) Any additional physical oceanographic, ecological, or socioeconomic or other environmental studies or endangered and threatened species and marine mammal surveys requested by the Governor of Florida or the Joint Task Force to minimize the uncertainty about the effects of all preleasing activities, leasing, and exploration, production, and drilling activities on the marine environment, the coastal environment, and the human environment of the State of Florida. (3) South atlantic planning area.--With respect to the area described in section 2(3), any physical oceanographic, ecological, or socioeconomic or other environmental studies or endangered and threatened species and marine mammal surveys requested by the Governor of Florida or the Joint Task Force to minimize the uncertainty about the effects of all preleasing activities, leasing, and exploration, production, and drilling activities on the marine environment, the coastal environment, and the human environment of the State of Florida. SEC. 5. JOINT TASK FORCE. (a) Establishment.--There shall be established a Joint Federal- State Outer Continental Shelf Task Force for the purpose of carrying out the responsibilities assigned such Joint Task Force under this Act. (b) Membership.--The Joint Task Force established under subsection (a) shall consist of-- (1) one representative each from the Environmental Protection Agency, the Minerals Management Service, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service; (2) four representatives from the State of Florida appointed from a list provided by the Governor of such State; and (3) three members appointed by the Secretary of Commerce from a list of individuals nominated by the National Academy of Sciences who are professional scientists in the fields of physical oceanography, marine ecology, and social science. (c) Compensation.--(1) Members of the Joint Task Force appointed under subsection (b)(3), while performing official duties under this Act shall receive compensation for travel and transportation expenses under section 5703 of title 5, United States Code. (2) Members of the Joint Task Force appointed under subsection (b)(3) may be compensated at a rate to be fixed by the Secretary of Commerce, but not in excess of the maximum rate of pay for grade GS-18 provided in the General Schedule under section 5332 of title 5, United States Code, for each day such member spends performing the duties of the Joint Task Force. SEC. 6. ENVIRONMENTAL IMPACT STATEMENTS. Approval of the first exploration plan submitted after the date of enactment of this Act under section 11 of the Outer Continental Shelf Lands Act (43 U.S.C. 1340) in each of the 3 areas described in section 2 (1), (2), and (3) shall be subject to the requirement of a detailed statement submitted under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). SEC. 7. EFFECT ON OTHER LAWS. Nothing in this Act shall affect any prohibition in any other law against any activities on the outer Continental Shelf. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary $3,000,000 for each of the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 for carrying out this Act. SEC. 9. DEFINITIONS. For the purposes of this Act-- (1) terms defined in the Outer Continental Shelf Lands Act have the meaning given such terms in that Act; (2) references to specific outer Continental Shelf planning areas shall be to areas so designated in the Department of the Interior Outer Continental Shelf Natural Gas and Oil Resource Management Comprehensive Program 1992-1997 Proposed Final, dated April 1992; (3) the term ``adequate'' means sufficiently complete to enable necessary decisions to be made under the Outer Continental Shelf Lands Act, and of sufficient scientific quality to be repeatable, reliable, and valid in measurements and analysis with appropriate methods and subject; (4) the term ``Joint Task Force'' means the Joint Federal- State Outer Continental Shelf Task Force established under section 5; (5) the term ``National Research Council's reports'' means-- (A) the report entitled ``The Adequacy of Environmental Information for Outer Continental Shelf Oil and Gas Decisions: Florida and California'' issued in 1989 by the Council's Committee to Review the Outer Continental Shelf Environmental Studies Program and supported by the President's Outer Continental Shelf Leasing and Development Task Force through Department of the Interior Contract No. 1435000130495; and (B) parts I, II, and III of the ``Assessment of the U. S. Outer Continental Shelf Environmental Studies Program'' issued in 1990 and 1992 by the committee referred to in subparagraph (A), with support from Department of the Interior Contract No. 14-12-001- 30342; and (6) the term ``preleasing activities'' means activities conducted before a lease sale is held, and includes the scheduling of a lease, requests for industry interest, calls for information and nominations, area identifications, publication of draft or final environmental impact statements, notices of sale, and any form of rotary drilling; but such term does not include environmental, geologic, geophysical, economic, engineering, or other scientific analyses, studies, and evaluations.

Precludes the Secretary of the Interior from permitting oil and gas development activities in specified parts of the Eastern Gulf of Mexico Planning Area, the Straits of Florida Planning Area, and the South Atlantic Planning Area, unless: (1) certain environmental studies and assessments have been completed; and (2) the Secretary has certified to the Congress that specified environmental information has been obtained which adequately enables the Secretary to implement his or her Federal stewardship of the environment with a minimal level of uncertainty. Prohibits the Secretary from conducting any: (1) oil or gas development activity under the Outer Continental Shelf Lands Act in a specified part of the Eastern Gulf of Mexico Planning Area; or (2) preleasing activity or lease sale in the three above-mentioned Planning Areas for a specified period. Mandates specified assessments and studies of the Areas addressed by this Act. Establishes the Joint Federal-State Outer Continental Shelf Task Force to request additional studies and surveys as needed to minimize the uncertainty about the effects of preleasing, leasing, and exploration activities. Subjects the first exploration plan submitted after the date of enactment of this Act to the requirements of detailed environmental impact statements. Authorizes appropriations.

Imposing certain restrictions and requirements on the leasing under the Outer Continental Shelf Lands Act of lands offshore Florida, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Emergency Management Restoration and Improvement Act''. TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY SEC. 101. FEDERAL EMERGENCY MANAGEMENT AGENCY. (a) Independent Establishment.--The Federal Emergency Management Agency shall be an independent establishment in the executive branch. (b) Director.-- (1) In general.--The Agency shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall report directly to the President. The Director of the Federal Emergency Management Agency shall be compensated at the rate provided for at level I of the Executive Schedule under section 5312 of title 5, United States Code. (2) Qualifications.--The Director of the Federal Emergency Management Agency shall be appointed from among persons who have significant experience, knowledge, training, and expertise in the area of emergency preparedness, response, recovery, and mitigation as related to natural disasters and other national cataclysmic events. (c) Deputy Director.-- (1) In general.--There shall be in the Federal Emergency Management Agency one Deputy Director, who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall be compensated at the rate provided for at level II of the Executive Schedule under section 5313 of title 5, United States Code. (2) Qualifications.--The Deputy Director shall be appointed from among persons who have extensive background in disaster response and disaster preparedness. (3) Responsibilities.--Subject to the direction and control of the Director of the Federal Emergency Management Agency, the Deputy Director shall have primary responsibility within the Agency for natural disasters and non-natural disasters, including large-scale terrorist attacks. TITLE II--TRANSFER AND SAVINGS PROVISIONS SEC. 201. TRANSFER OF FUNCTIONS. There shall be transferred to the Director of the Federal Emergency Management Agency-- (1) the functions (including the functions under paragraphs (3) and (8) of section 430(c) of the Homeland Security Act of 2002 (6 U.S.C. 238(c)), personnel, assets, and liabilities of the Department of Homeland Security relating to the Federal Emergency Management Agency; and (2) the functions of the Department of Homeland Security under sections 502 (other than paragraph (2)) and 503(2) of the Homeland Security Act of 2002 (6 U.S.C. 312, 313), and the personnel, assets, and liabilities of the Department relating to such functions. SEC. 202. TRANSITION PERIOD. The transfers under this title shall be carried out as soon as practicable after the date of enactment of this Act. During the transition period, the Secretary of Homeland Security shall provide to the Director of the Federal Emergency Management Agency such assistance, including the use of personnel and assets, as the Director may request in preparing for the transfer. SEC. 203. PERSONNEL PROVISIONS. (a) Appointments.--The Director of the Federal Emergency Management Agency may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this title. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (b) Experts and Consultants.--The Director of the Federal Emergency Management Agency may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including traveltime) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Director of the Federal Emergency Management Agency may pay experts and consultants who are serving away from their homes or regular place of business, travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. SEC. 204. DELEGATION AND ASSIGNMENT. Except where otherwise expressly prohibited by law or otherwise provided by this title, the Director of the Federal Emergency Management Agency may delegate any of the functions transferred to the Director of the Federal Emergency Management Agency by this title and any function transferred or granted to such Director after the effective date of this title to such officers and employees of the Federal Emergency Management Agency as the Director may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Director of the Federal Emergency Management Agency under this section or under any other provision of this title shall relieve such Director of responsibility for the administration of such functions. SEC. 205. REORGANIZATION. The Director of the Federal Emergency Management Agency is authorized to allocate or reallocate any function transferred under section 201 among the officers of the Federal Emergency Management Agency, and to establish, consolidate, alter, or discontinue such organizational entities in the Federal Emergency Management Agency as may be necessary or appropriate. SEC. 206. RULES. The Director of the Federal Emergency Management Agency is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Director determines necessary or appropriate to administer and manage the functions of the Federal Emergency Management Agency. SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this title, subject to section 1531 of title 31, United States Code, shall be transferred to the Federal Emergency Management Agency. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. SEC. 208. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title. SEC. 209. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this title. (b) Executive Schedule Positions.--Except as otherwise provided in this title, any person who, on the day preceding the effective date of this title, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Federal Emergency Management Agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. SEC. 210. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title, and (2) which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the Federal Emergency Management Agency or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings not Affected.--The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Federal Emergency Management Agency at the time this title takes effect, with respect to functions transferred by this title but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. (c) Suits not Affected.--The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Federal Emergency Management Agency, or by or against any individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency, shall abate by reason of the enactment of this title. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Federal Emergency Management Agency relating to a function transferred under this title may be continued by the Federal Emergency Management Agency with the same effect as if this title had not been enacted. SEC. 211. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by this title-- (1) to the head of such department, agency, or office is deemed to refer to the head of the department, agency, or office to which such function is transferred; or (2) to such department, agency, or office is deemed to refer to the department, agency, or office to which such function is transferred. SEC. 212. CONFORMING AMENDMENTS AND REPEALS. (a) Homeland Security Act of 2002.-- (1) Section 504.--Section 504(a) of the Homeland Security Act of 2002 (6 U.S.C. 314(a)) is amended by striking ``, major disaster,''. (2) Repeals.--The following provisions of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) are repealed: (A) Section 2(11). (B) Section 503(1). (C) Section 507. (D) Section 508. (b) Title 5, United States Code.-- (1) Director.--Section 5312 of title 5, United States Code, is amended by adding at the end the following: ``Director of the Federal Emergency Management Agency.''. (2) Deputy director.--Section 5313 of title 5, United States Code, is amended by adding at the end the following: ``Deputy Director of the Federal Emergency Management Agency.''. (c) Additional Conforming Amendments.-- (1) Recommended legislation.--After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Director of the Federal Emergency Management Agency shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this Act. (2) Submission to congress.--Not later than 6 months after the effective date of this title, the Director of the Federal Emergency Management Agency shall submit the recommended legislation referred to under subsection (a). SEC. 213. LIMITATION ON STATUTORY CONSTRUCTION. Nothing in this Act shall be construed to limit the primary mission of the Department of Homeland Security set forth in subparagraphs (A), (B), (E), (F), (G), and (H) of section 101(b) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)).

National Emergency Management Restoration and Improvement Act - Establishes the Federal Emergency Management Agency (FEMA) as an independent establishment in the executive branch. Requires the FEMA Director to be appointed, by the President, by and with the advice and consent of the Senate, from among persons who have significant expertise in the area of emergency preparedness, response, recovery, and mitigation as related to natural disasters and other national cataclysmic events.

To reestablish the Federal Emergency Management Agency as an independent establishment in the executive branch, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wetland Determinations Efficiency and Transparency Act''. SEC. 2. ADMINISTRATION OF WETLAND DETERMINATIONS. Section 1222(a) of the Food Security Act of 1985 (16 U.S.C. 3822(a)) is amended-- (1) in paragraph (1), by striking ``subsection (b) and paragraph (6)'' and inserting ``subsection (b), paragraphs (6) and (7), and paragraphs (1)(B) and (2) of section 1244(e)''; and (2) by adding at the end the following: ``(7) Administration.-- ``(A) Timely completion.-- ``(i) In general.--The Secretary, acting through the Chief of the Natural Resources Conservation Service, shall ensure the completion of a wetland delineation, determination, or certification by the date that is 60 days after the date on which a person subject to this subtitle requests the delineation, determination, or certification. ``(ii) Effect of delay.--If a wetland delineation, determination, or certification is not completed by the date described in clause (i), upon completion of the wetland delineation, determination, or certification, the Secretary shall provide for a reasonable transition period for coming into compliance with the wetland delineation, determination, or certification, as necessary, and a person shall not become ineligible under section 1221 for program loans or payments as a result of actions taken, between the date described in clause (i) and the date on which such transition period ends, in violation of the wetland delineation, determination, or certification. ``(B) Final agency action.--A wetland delineation, determination, or certification made by the Secretary shall be considered a final agency action subject to judicial review, and a person challenging a wetland delineation, determination, or certification shall not be required to exhaust all administrative remedies prior to bringing a suit in Federal court. ``(C) Duty to disclose.--In the case of a wetland delineation, determination, or certification for which there exists a dispute, the Secretary shall make available a copy of the agency record, to a person involved in the dispute who requests such a copy, not later than 30 days after the date on which the person makes the request. ``(D) Burden of proof.--In the case of a wetland delineation, determination, or certification for which there exists a dispute, the Secretary shall bear the burden of proof by a preponderance of the evidence. ``(E) Effect on existing process.--Nothing in this paragraph shall be construed to prohibit a person challenging a wetland delineation, determination, or certification from using the administrative appeal process in place before the date of enactment of this paragraph.''. SEC. 3. TECHNICAL ASSISTANCE PERMITTED. Section 1244(e) of the Food Security Act of 1985 (16 U.S.C. 3844(e)) is amended to read as follows: ``(e) Provision of Technical Assistance by Other Sources.-- ``(1) Third party technical assistance permitted.--The Secretary shall permit a person to secure technical assistance from an approved source, as determined by the Secretary, other than the Natural Resources Conservation Service-- ``(A) in the preparation and application of a conservation plan under subtitle B or similar plan required as a condition for assistance from the Department of Agriculture; and ``(B) in the preparation of a wetland delineation or determination to submit to the Secretary under section 1222. ``(2) Rejection.--If the Secretary rejects a technical determination made by an approved source pursuant to paragraph (1)(A), or a wetland delineation or determination made by an approved source pursuant to paragraph (1)(B), the basis of the Secretary's rejection must be supported by documented evidence.''. SEC. 4. DATE OF RETURN OF WETLAND CHARACTERISTICS. Section 1222(b)(1)(G) of the Food Security Act of 1985 (16 U.S.C. 3822) is amended by striking ``after that date'' and inserting ``after such original conversion''.

Wetland Determinations Efficiency and Transparency Act This bill amends the Food Security Act of 1985 to revise the process that the Natural Resources Conservation Service (NRCS) uses to make a wetland determination, delineation, or certification. The NRCS must make a determination, delineation, or certification within 60 days. If the NRCS misses the deadline, it must provide a reasonable transition period for a person to come into compliance with the decision without losing eligibility for certain payments and loans. A decision is subject to judicial review, and a person is not required to exhaust all administrative remedies prior to bringing a suit in federal court. In the case of a dispute, the NRCS must bear the burden of proof by a preponderance of the evidence and provide a copy of the agency record upon request. The Department of Agriculture (USDA) must permit a person to secure technical assistance from an approved source, other than the NRCS, for the preparation of: (1) a conservation plan or similar plan required as a condition for USDA assistance, and (2) a wetland delineation or determination.

Wetland Determinations Efficiency and Transparency Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Large Capacity Ammunition Feeding Device Act of 2013''. SEC. 2. PROHIBITION ON TRANSFER OR POSSESSION OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) Definition.--Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following: ``(30) The term `large capacity ammunition feeding device'-- ``(A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; and ``(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition.''. (b) Prohibitions.--Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: ``(v)(1)(A)(i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. ``(ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of the Large Capacity Ammunition Feeding Device Act of 2013. ``(B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device. ``(2) Paragraph (1) shall not apply to-- ``(A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty); ``(B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off- site for purposes of licensee-authorized training or transportation of nuclear materials; ``(C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or ``(D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General.''. (c) Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a), by adding at the end the following: ``(8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both.''; and (2) in subsection (d)-- (A) in paragraph (1)-- (i) by striking ``Any firearm or ammunition'' and inserting ``Any firearm, ammunition, or large capacity ammunition feeding device''; (ii) by striking ``or (k)'' and inserting ``(k), or (v)''; (iii) by striking ``or any firearm or ammunition'' and inserting ``or any firearm, ammunition, or large capacity ammunition feeding device''; and (iv) by striking ``firearms or ammunition'' and inserting ``firearms, ammunition, or large capacity ammunition feeding devices'' each place the term appears; and (B) in paragraph (3)(E), by inserting ``922(v),'' after ``922(n),''. (d) Identification and Markings.--Section 923(i) of title 18, United States Code, is amended-- (1) by striking ``Licensed importers'' and inserting the following: ``(1) Licensed importers''; and (2) by adding at the end the following: ``(2) A large capacity ammunition feeding device manufactured by any person after the date of enactment of the Large Capacity Ammunition Feeding Device Act of 2013 shall be identified by a serial number and the date on which the device was manufactured, and such other identification as the Attorney General may by regulation prescribe.''.

Large Capacity Ammunition Feeding Device Act of 2013 - Amends the Brady Handgun Violence Prevention Act to prohibit: (1) the transfer or possession of a large capacity ammunition feeding device, except for such a device lawfully possessed within the United States on or before the date of this Act's enactment; and (2) the importation or bringing into the United States of such a device. Exempts: (1) the transfer or possession of such a device by a federal, state, or local agency or law enforcement officer; (2) certain transfers to licensees under the Atomic Energy Act of 1954; (3) possession of such a device transferred to an individual upon retirement from a law enforcement agency if such individual is not otherwise prohibited from receiving ammunition; and (4) the manufacture, transfer, or possession of such a device by a licensed manufacturer or importer for authorized testing or experimentation purposes. Sets penalties for violations. Subjects devices used or involved in knowing violation of such Act to seizure and forfeiture. Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number and the date it was manufactured.

Large Capacity Ammunition Feeding Device Act of 2013

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Accelerating the End of Breast Cancer Act of 2013''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Establishment. Sec. 4. Purpose; duties. Sec. 5. Membership. Sec. 6. Powers. Sec. 7. Chairperson; program managers. Sec. 8. Coordination and nonduplication. Sec. 9. Evaluation of the Commission. Sec. 10. Authorization of funding. Sec. 11. Termination. SEC. 2. FINDINGS. Congress makes the following findings: (1) In the United States, the chance of a woman developing breast cancer during her lifetime has increased from 1 in 11 in 1975 to 1 in 8 today. (2) Worldwide, breast cancer is the most frequently diagnosed cancer in women with 1,300,000 cases each year. Breast cancer is also the leading cause of cancer death in women, with more than 438,000 women dying from the disease worldwide in 2010, a 37.5 percent increase since 1990. (3) More than 90 percent of deaths from breast cancer are caused by metastasis, which occurs when cancerous cells spread to other organs or bone. (4) The National Cancer Institute estimated that breast cancer care in the United States cost $16,500,000,000 in 2010, and cost the Nation $12,100,000,000 in lost productivity. (5) Over the past 40 years, very little has improved the incidence, morbidity, and mortality rates of breast cancer. (6) In recognition of the complexity of breast cancer, experts have identified the need to transform how research is conducted by engaging investigators from many disciplines. (7) Advances in understanding the progression of breast cancer, particularly metastasis, have the potential to translate to better understanding and preventing the spread of other types of cancer. SEC. 3. ESTABLISHMENT. There shall be established a commission to be known as the Commission to Accelerate the End of Breast Cancer (in this Act referred to as the ``Commission''). SEC. 4. PURPOSE; DUTIES. (a) Purpose.--The purpose of the Commission shall be to help end breast cancer by January 1, 2020. (b) Duties.-- (1) In general.--The Commission shall identify, recommend, and promote initiatives, partnerships, and research within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into strategies to prevent breast cancer and breast cancer metastasis. (2) Priority.--The Commission shall give priority to initiatives, partnerships, and research that are-- (A) not prioritized within the public sector; and (B) unlikely to be achieved by the private sector due to technical and financial uncertainty. (c) Strategic Plan.--Not later than 6 months after the appointment of the initial members of the Commission, the Commission shall submit to the President and to the relevant authorizing and appropriations committees of Congress, a description of the Commission's strategic plan to advance the purpose described in subsection (a). (d) Annual Report.--Not later than January 15, 2014, and annually thereafter, the Commission shall submit an annual report to the President, Congress, and the public-- (1) describing the Commission's activities under this section, including its progress in achieving the purpose described in subsection (a); and (2) containing a full financial report, including a line item report of the Commission's expenditures for the preceding year. SEC. 5. MEMBERSHIP. (a) Number; Appointment.--The Commission shall be composed of not more than 10 members who shall be appointed by the President, with the advice and consent of the Senate, not later than 60 days after the date of enactment of this Act, in accordance with this section. (b) Representation.-- (1) In general.--Each member of the Commission shall be appointed to represent one of the following 3 categories: (A) Individuals who represent the interests of varied disciplines within the biomedical research field. (B) Individuals who represent the relevant varied disciplines outside of the biomedical research field. (C) Patient advocates, including individuals who-- (i) represent a patient-led, patient- centered organization with a patient constituency either directly related to or relevant to breast cancer; and (ii) are trained, knowledgeable, and prepared to participate in the decision-making process of science and medicine. (2) Representation of membership categories.--Of the members of the Commission-- (A) at least 1, but not more than 3, shall be appointed to represent the category described in paragraph (1)(A); (B) at least 1, but not more than 3, shall be appointed to represent the category described in paragraph (1)(B); and (C) at least 2, but not more than 4, shall be appointed to represent the category described in paragraph (1)(C). (c) Terms.-- (1) In general.--Each member of the Commission shall be appointed for a term of 3 years and may be reappointed. (2) Vacancies.--Any member of the Commission 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. A vacancy in the Commission shall be filled in the manner in which the original appointment was made and shall not affect the power of the remaining members to execute the duties of the Commission. (d) Quorum.--Three members of the Commission shall constitute a quorum. SEC. 6. POWERS. The Commission shall have the following powers: (1) Hearings and other activities.--For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Detail of federal employees.--Upon the request of the Commission, the head of any Federal agency is authorized to detail, without reimbursement, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (3) Technical assistance.--Upon the request of the Commission, the head of a Federal agency may provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (4) Use of mails.--The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies. (5) Obtaining information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out its duties, if the information may be disclosed under section 552 of title 5, United States Code. Upon request of the Chairperson of the Commission, the head of such agency shall furnish such information to the Commission. (6) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 7. CHAIRPERSON; PROGRAM MANAGERS. (a) Chairperson.-- (1) Designation.--Of the members of the Commission appointed under section 5(a), the President shall at the time of the appointment, designate one such member to serve as the Chairperson of the Commission. (2) Responsibilities.--The responsibilities of the Chairperson shall include-- (A) approving areas of study of the Commission based on criteria including scientific and technical merit, innovation, and impact; (B) developing criteria (including benchmarks) for assessing, and overseeing the assessment of, the progress of areas of study of the Commission; (C) terminating areas of study of the Commission that are not achieving the purpose described in section 4(a); (D) designating members of the Commission to act as program managers as described in subsection (b); and (E) appointing staff as necessary to aid in carrying out the purpose described in section 4(a). (b) Program Managers.-- (1) In general.--The Chairperson of the Commission may designate members of the Commission who may act as program managers to oversee one or more areas of study of the Commission. (2) Responsibilities.--A member designated under paragraph (1) shall, with respect to one or more areas of study, be responsible for the following: (A) Recommending novel proposals, projects, and collaborations based on scientific and technical merit to achieve the purpose described in section 4(a) with a focus on strategies for the primary prevention of breast cancer, and methods to prevent breast cancer metastasis. Program directors may-- (i) convene workshops and confer with experts in both the public and private sector; (ii) identify areas of study; (iii) identify all areas where resources could be leveraged; and (iv) carry out other functions of the Commission that are approved by the Chairperson and that the Chairperson deems necessary to carry out the purpose described in section 4(a). (B) Working with relevant Federal agencies to identify areas of concurrent interests in order to maximize Federal investment and stimulate collaborative projects. (C) Monitoring the progress of areas of study and recommend restructure or termination. SEC. 8. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Commission shall ensure that the activities of the Commission are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. SEC. 9. EVALUATION OF THE COMMISSION. (a) In General.--The President shall enter into an agreement with the Institute of Medicine of the National Academy of Sciences under which the Institute, after the Commission has been in operation for 3 years, shall evaluate the Commission's progress towards achieving the purpose described in section 4(a). (b) Inclusions.--The evaluation under subsection (a) shall include-- (1) a recommendation on whether the Commission should be continued or terminated; and (2) a description of lessons learned from operation of the Commission. (c) Availability.--On completion of the evaluation under subsection (a), the Commission shall make the evaluation available to the Congress and the public. SEC. 10. AUTHORIZATION OF FUNDING. (a) Authorization of Appropriations.--To carry out the purpose of this Act, there are authorized to be appropriated-- (1) $8,000,000 for fiscal year 2013; (2) $12,000,000 for each of fiscal years 2014 and 2015; and (3) such sums as may be necessary for each fiscal year thereafter until the Commission is terminated. (b) Limitation.--None of the amounts appropriated for a fiscal year under subsection (a) shall be used for the operation or construction of any laboratories or pilot plants. SEC. 11. TERMINATION. The Commission shall terminate on June 1, 2020.

Accelerating the End of Breast Cancer Act of 2013 - Establishes the Commission to Accelerate the End of Breast Cancer to help end breast cancer by January 1, 2020. Directs the Commission to identify, recommend, and promote initiatives, partnerships, and research within the public and private sectors, basic and applied sciences, and epidemiology that can be turned into strategies to prevent breast cancer and breast cancer metastasis while giving priority to those that are: (1) not prioritized within the public sector, and (2) unlikely to be achieved by the private sector due to technical and financial uncertainty. Requires the Commission to: (1) submit within six months to the President and to the relevant congressional committees a description of the Commission's strategic plan; (2) submit an annual report to the President, Congress, and the public; and (3) ensure that its activities are coordinated with, and do not duplicate the efforts of, programs and laboratories of other government agencies. Directs the President to enter into an agreement with the Institute of Medicine to evaluate the Commission's progress. Terminates the Commission on June 1, 2020.

Accelerating the End of Breast Cancer Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``First State National Historical Park Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historical park.--The term ``historical park'' means the First State National Historical Park established by section 3(a)(1). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Delaware. SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) In general.--Subject to paragraph (3), there is established in the State the First State National Historical Park, to be administered as a unit of the National Park System. (2) Purposes.--The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with-- (A) early Dutch, Swedish, and English settlement of the Colony of Delaware; and (B) the role of Delaware as the first State to ratify the Constitution. (3) Determination by secretary.-- (A) In general.--The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B) Notice.--Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C) Availability of map.--The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Historic Sites.--The Secretary may include the following sites in the State within the boundary of the historical park: (1) The Old Sherriff's House in New Castle County, Delaware. (2) Fort Christina National Historic Landmark in New Castle County, Delaware. (3) Old Swedes Church National Historic Landmark in New Castle County, Delaware. (4) Old New Castle Courthouse in New Castle, Delaware. (5) John Dickinson Plantation National Historic Landmark in Kent County, Delaware. (6) Dover Green in Kent County, Delaware. (7) Ryves Holt House in Sussex County, Delaware. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the historical park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Land Acquisition.-- (1) In general.--The Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (2) Boundary adjustment.--On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Interpretive Tours.--The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including-- (1) Fort Casimir; (2) DeVries Monument; (3) Amstel House; (4) Dutch House; and (5) Zwaanendael Museum. (d) Cooperative Agreements.-- (1) In general.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2) Cost-sharing requirement.-- (A) Federal share.--The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B) Form of non-federal share.--The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e) Management Plan.-- (1) In general.--Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2) Applicable law.--The management plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)) and other applicable laws. SEC. 5. NATIONAL LANDMARK STUDY. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b) Requirements.--The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and Delaware's role as the first state to ratify the Constitution. Bars the establishment of the Park until it is determined that sufficient land or interests have been acquired from among specified historic sites within the boundary of the Park to constitute a manageable park unit. Instructs the Secretary to publish a notice in the Federal Register of the Park's establishment, including an official boundary map. Allows the the Secretary to acquire, by purchase from a willing seller, donation, or exchange, all or a part of any of such sites, including easements or other interests. Adjusts the boundary of the Park to reflect the acquisition of lands or interests in such sites. Authorizes the Secretary to: (1) provide interpretive tours to sites and resources in Delaware located outside the Park's boundary and associated with the purposes for which the Park is established under this Act; and (2) enter into cooperative agreements with Delaware and other specified entities to mark, interpret, and restore nationally significant historic or cultural resources within the Park, if those agreements provide for reasonable public access to such resources. Limits the federal share of the total cost of any activity carried out under such an agreement to 50% of that cost. Permits the non-federal share to be in the form of in-kind contributions or goods or services fairly valued. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware associated with the Park. Requires such study to include an assessment of the potential for designating such properties as National Historic Landmarks. Authorizes appropriations.

A bill to establish the First State National Historical Park in the State of Delaware, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Continuing Care for Recovering Families Act''. SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR CERTAIN INDIVIDUALS. (a) ERISA Amendment.--Section 605 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1165) is amended by adding at the end the following: ``(c) Temporary Extension of COBRA Election and Coverage Period for Victims of Terrorist Attacks.-- ``(1) In general.--In the case of an eligible individual and notwithstanding subsection (a), such individual may elect continuation coverage under this part during the 120-day period that begins on the later of-- ``(A) the date of enactment of the Continuing Care for Recovering Families Act; or ``(B) the date on which the individual experiences the terrorism-related loss of coverage. ``(2) Commencement of coverage; no reach-back.--Any continuation coverage elected by an eligible individual under paragraph (1) shall commence at the beginning of the 120-day election period described in such paragraph and shall not include any period prior to such 120-day election period. In no event shall the maximum period required under section 602(2)(A) be less than the period during which the individual is an eligible individual. ``(3) Preexisting conditions.--With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period-- ``(A) beginning on the date of the terrorism- related loss of coverage, and ``(B) ending on the first day of the 120-day election period described in paragraph (1), shall be disregarded for purposes of determining the 63-day periods referred to in section 701(c)(2), section 2701(c)(2) of the Public Health Service Act, and section 9801(c)(2) of the Internal Revenue Code of 1986. ``(4) Definitions.--For purposes of this subsection: ``(A) Eligible individual.--The term `eligible individual' means an individual who-- ``(i)(I) is the child of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001; or ``(II) was the spouse of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001, on September 11, 2001; ``(ii) has experienced a terrorism-related loss of coverage; and ``(iii) is not otherwise entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act or enrolled under part B of such title. ``(B) Terrorism-related loss of coverage.--The term `terrorism-related loss of coverage' means, with respect to an eligible individual, the loss of health benefits coverage associated with the death, injury, or loss of employment of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001.''. (b) PHSA Amendment.--Section 2205 of the Public Health Service Act (42 U.S.C. 300bb-5) is amended by adding at the end the following: ``(c) Temporary Extension of COBRA Election and Coverage Period for Victims of Terrorist Attacks.-- ``(1) In general.--In the case of an eligible individual and notwithstanding subsection (a), such individual may elect continuation coverage under this title during the 120-day period that begins on the later of-- ``(A) the date of enactment of the Continuing Care for Recovering Families Act; or ``(B) the date on which the individual experiences the terrorism-related loss of coverage. ``(2) Commencement of coverage; no reach-back.--Any continuation coverage elected by an eligible individual under paragraph (1) shall commence at the beginning of the 120-day election period described in such paragraph and shall not include any period prior to such 120-day election period. In no event shall the maximum period required under section 2202(2)(A) be less than the period during which the individual is an eligible individual. ``(3) Preexisting conditions.--With respect to an individual who elects continuation coverage pursuant to paragraph (1), the period-- ``(A) beginning on the date of the terrorism- related loss of coverage, and ``(B) ending on the first day of the 120-day election period described in paragraph (1), shall be disregarded for purposes of determining the 63-day periods referred to in section 2701(c)(2), section 701(c)(2) of the Employee Retirement Income Security Act of 1974, and section 9801(c)(2) of the Internal Revenue Code of 1986. ``(4) Definitions.--For purposes of this subsection: ``(A) Eligible individual.--The term `eligible individual' means an individual who-- ``(i)(I) is the child of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001; or ``(II) was the spouse of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001, on September 11, 2001; ``(ii) has experienced a terrorism-related loss of coverage; and ``(iii) is not otherwise entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act or enrolled under part B of such title. ``(B) Terrorism-related loss of coverage.--The term `terrorism-related loss of coverage' means, with respect to an eligible individual, the loss of health benefits coverage associated with the death, injury, or loss of employment of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001.''. (c) IRC Amendments.--Paragraph (5) of section 4980B(f) of the Internal Revenue Code of 1986 (relating to election) is amended by adding at the end the following: ``(D) Temporary extension of cobra election and coverage period for victims of terrorist attacks.-- ``(i) In general.--In the case of an eligible individual and notwithstanding paragraph (1), such individual may elect continuation coverage under this title during the 120-day period that begins on the later of-- ``(I) the date of enactment of the Continuing Care for Recovering Families Act; or ``(II) the date on which the individual experiences the terrorism- related loss of coverage. ``(ii) Commencement of coverage; no reach- back.--Any continuation coverage elected by an eligible individual under clause (i) shall commence at the beginning of the 120-day election period described in such clause and shall not include any period prior to such 120- day election period. In no event shall the maximum period required under paragraph (2)(B)(i) be less than the period during which the individual is an eligible individual. ``(iii) Preexisting conditions.--With respect to an individual who elects continuation coverage pursuant to clause (i), the period-- ``(I) beginning on the date of the terrorism-related loss of coverage, and ``(II) ending on the first day of the 120-day election period described in clause (i), shall be disregarded for purposes of determining the 63-day periods referred to in section 9801(c)(2), section 701(c)(2) of the Employee Retirement Income Security Act of 1974, and section 2701(c)(2) of the Public Health Service Act. ``(iv) Definitions.--For purposes of this subparagraph: ``(I) Eligible individual.--The term `eligible individual' means an individual who-- ``(aa)(AA) is the child of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001; or ``(BB) was the spouse of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001, on September 11, 2001; ``(bb) has experienced a terrorism-related loss of coverage; and ``(cc) is not otherwise entitled to benefits, or enrolled, under part A of title XVIII of the Social Security Act or enrolled under part B of such title. ``(II) Terrorism-related loss of coverage.--The term `terrorism-related loss of coverage' means, with respect to an eligible individual, the loss of health benefits coverage associated with the death, injury, or loss of employment of an individual described in section 405(c)(2) of the September 11th Victim Compensation Fund of 2001.''.

Continuing Care for Recovering Families Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow spouses and children of victims of the terrorist attacks of September 11, 2001, to purchase or continue to purchase health insurance coverage, under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), if they elect to do so during a 120-day period beginning on the date when this Act is enacted or on the date when they lose their COBRA coverage, whichever is later. Requires such elected coverage to continue for such eligible individuals unless they are otherwise covered or are eligible under Medicare.

To extend the period for COBRA coverage for victims of the terrorist attacks of September 11, 2001.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Unemployment Compensation Expansion Act''. SEC. 2. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``November 30, 2010'' each place it appears and inserting ``January 3, 2012''; (B) in the heading for subsection (b)(2), by striking ``november 30, 2010'' and inserting ``january 3, 2012''; and (C) in subsection (b)(3), by striking ``April 30, 2011'' and inserting ``June 9, 2012''. (2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``December 1, 2010'' each place it appears and inserting ``January 4, 2012''; and (B) in subsection (c), by striking ``May 1, 2011'' and inserting ``June 11, 2012''. (3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``April 30, 2011'' and inserting ``June 10, 2012''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (E), by striking ``and'' at the end; and (2) by inserting after subparagraph (F) the following: ``(G) the amendments made by sections 501(a)(1) and 503 of the Emergency Unemployment Compensation Expansion Act; and''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111-205). SEC. 3. TEMPORARY MODIFICATION OF INDICATORS UNDER THE EXTENDED BENEFIT PROGRAM. (a) Indicator.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended, in the flush matter following paragraph (2), by inserting after the first sentence the following sentence: ``Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Emergency Unemployment Compensation Expansion Act (or, if later, the date established pursuant to State law), and ending on or before December 31, 2011, the State may by law provide that the determination of whether there has been a state `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection as if the word `two' were `three' in subparagraph (1)(A).''. (b) Alternative Trigger.--Section 203(f) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: ``(2) Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Emergency Unemployment Compensation Expansion Act (or, if later, the date established pursuant to State law), and ending on or before December 31, 2011, the State may by law provide that the determination of whether there has been a state `on' or `off' indicator beginning or ending any extended benefit period shall be made under this subsection as if the word `either' were `any', the word `both' were `all', and the figure `2' were `3' in clause (1)(A)(ii).''. SEC. 4. ADDITIONAL FIRST-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. (a) In General.--Section 4002(b)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (A), by striking ``80'' and inserting ``131''; and (2) in subparagraph (B), by striking ``20'' and inserting ``34''. (b) Coordination Rule.--Section 4002(f) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by adding the following: ``(3) Rule relating to additional weeks of first-tier emergency unemployment compensation.--If a State determines that implementation of the increased entitlement to first-tier emergency unemployment compensation by reason of the amendments made by section 503(a) of the Emergency Unemployment Compensation Expansion Act would unduly delay the prompt payment of emergency unemployment compensation under this title, such State may elect to pay second-tier emergency unemployment compensation prior to the payment of such increased first-tier emergency unemployment compensation until such time as such State determines that such increased first- tier emergency unemployment compensation may be paid without such undue delay. If a State makes the election under the preceding sentence, then, for purposes of determining whether an account may be augmented for third-tier emergency unemployment compensation under subsection (d), such State shall treat the date of exhaustion of such increased first-tier emergency unemployment compensation as the date of exhaustion of second-tier emergency unemployment compensation, if such date is later than the date of exhaustion of the second-tier emergency unemployment compensation.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111-205), except that no additional first-tier emergency unemployment compensation shall be payable by virtue of the amendments made by subsection (a) (beyond the maximum amount that would have been payable absent those amendments) with respect to any week of unemployment commencing before the date of the enactment of this Act. SEC. 5. TECHNICAL CORRECTION RELATING TO REPEAL OF CONTINUED DUMPING AND SUBSIDY OFFSET. (a) In General.--Section 822(2)(A) of the Claims Resolution Act of 2010 is amended by striking ``or'' and inserting ``and''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the provisions of the Claims Resolution Act of 2010. SEC. 6. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and as amended by section 9 of the Worker, Homeownership, and Business Assistance Act of 2009 (Public Law 111-92), is amended-- (1) by striking ``June 30, 2010'' and inserting ``June 30, 2011''; and (2) by striking ``December 31, 2010'' and inserting ``December 31, 2011''. (b) Clarification on Authority To Use Funds.--Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of the enactment of this Act.

Emergency Unemployment Compensation Expansion Act - Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through January 3, 2012. Postpones the termination of the program until June 9, 2012. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until January 4, 2012, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and June 10, 2012, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the Federal-State Extended Unemployment Compensation Act of 1970 to authorize a state by law to apply certain requirements of the Act, with specified substitutions, for determining an extended unemployment compensation period. Requires the state's "on" and "off" indicators to be based on its rate of insured unemployment and rate of total unemployment for the period between enactment of this Act (or, if later, the date established pursuant to state law), and ending on or before December 31, 2011. Revises the formula for making Tier-1 credits in an applicant's emergency unemployment compensation account (EUCA) for a benefit year. Increases the figures in the formula (the lesser of which shall be the amount credited): (1) from 80% to 131% of the total amount of regular compensation (including dependents' allowances) payable to the individual during the benefit year; and (2) from 20 to 34 times the individual's average weekly benefit amount for the benefit year. Authorizes a state to elect to pay Tier-2 EUC before payment of an increased Tier-1 EUC until the state determines that such increased Tier-1 EUC may be paid without undue delay. Amends the Claims Resolution Act of 2010 to make a technical correction regarding the limitation on distributions relating to repeal of a continued dumping and subsidy offset. Requires that no payments be distributed under certain provisions of the Tariff Act of 1930 with respect to entries of any goods that are: (1) unliquidated; (2) not in litigation; and (currently, or) (3) under an order of liquidation from the Department of Commerce. Amends the Railroad Unemployment Insurance Act to extend through December 31, 2011, the temporary increase in extended unemployment benefits for employees with 10 or more years of service and for those with less than 10.

To provide for the further temporary extension of the emergency unemployment compensation program, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Biodiesel Tax Incentive Reform and Extension Act of 2015''. SEC. 2. EXTENSION AND REFORM OF BIODIESEL TAX INCENTIVES. (a) Extension of Current Law Incentives.-- (1) Income tax credit.--Subsection (g) of section 40A is amended by striking ``December 31, 2014'' and inserting ``March 31, 2016''. (2) Excise tax incentives.-- (A) In general.--Paragraph (6) of section 6426(c) is amended by striking ``December 31, 2014'' and inserting ``March 31, 2016''. (B) Payments.--Subparagraph (B) of section 6427(e)(6) is amended by striking ``December 31, 2014'' and inserting ``March 31, 2016''. (C) Special rule for certain periods during 2015.-- Notwithstanding any other provision of law, in the case of any biodiesel mixture credit properly determined under section 6426(c) of the Internal Revenue Code of 1986 for periods after December 31, 2014, and on or before the last day of the first calendar quarter ending after the date of the enactment of this Act, such credit shall be allowed, and any refund or payment attributable to such credit (including any payment under section 6427(e) of such Code) shall be made, only in such manner as the Secretary of the Treasury (or the Secretary's delegate) shall provide. Such Secretary shall issue guidance within 30 days after the date of the enactment of this Act providing for a one-time submission of claims covering periods described in the preceding sentence. Such guidance shall provide for a 180-day period for the submission of such claims (in such manner as prescribed by such Secretary) to begin not later than 30 days after such guidance is issued. Such claims shall be paid by such Secretary not later than 60 days after receipt. If such Secretary has not paid pursuant to a claim filed under this subsection within 60 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621 of such Code. (3) Effective date.--The amendments made by this subsection shall apply to fuel sold or used after December 31, 2014. (b) Reform of Credit.-- (1) Income tax credit.-- (A) In general.--So much of section 40A as precedes subsection (c) is amended to read as follows: ``SEC. 40A. BIODIESEL FUELS CREDIT. ``(a) In General.--For purposes of section 38, the biodiesel fuels credit determined under this section for the taxable year is $1.00 for each gallon of biodiesel produced by the taxpayer which during the taxable year-- ``(1) is sold by the taxpayer to another person-- ``(A) for use by such other person's trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or ``(B) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or ``(2) is used by such taxpayer for any purpose described in paragraph (1). ``(b) Increased Credit for Small Producers.-- ``(1) In general.--In the case of any eligible small biodiesel producer, subsection (a) shall be applied by increasing the dollar amount contained therein by 10 cents. ``(2) Limitation.--Paragraph (1) shall only apply with respect to the first 15,000,000 gallons of biodiesel produced by any eligible small biodiesel producer during any taxable year.''. (B) Definitions and special rules.--Section 40A(d) is amended by striking all that follows paragraph (1) and inserting the following: ``(2) Qualified biodiesel mixture; biodiesel mixture.-- ``(A) Qualified biodiesel mixture.-- ``(i) In general.--The term `qualified biodiesel mixture' means a biodiesel mixture which is-- ``(I) sold by the producer of such mixture to any person for use as a fuel, or ``(II) used by the producer of such mixture as a fuel. ``(ii) Sale or use must be in trade or business, etc.--A biodiesel mixture shall not be treated as a qualified biodiesel mixture unless the sale or use described in clause (i) is in a trade or business of the person producing the biodiesel mixture. ``(B) Biodiesel mixture.--The term `biodiesel mixture' means a mixture which consists of biodiesel and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene. ``(3) Biodiesel not used for a qualified purpose.--If-- ``(A) any credit was determined with respect to any biodiesel under this section, and ``(B) any person uses such biodiesel for a purpose not described in subsection (a), then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (a) and the number of gallons of such biodiesel. ``(4) 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. ``(5) Limitation to biodiesel with connection to the united states.-- ``(A) In general.--No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks. For purposes of this paragraph, the term `United States' includes any possession of the United States. ``(B) Qualified feedstocks.--For purposes of subparagraph (A), the term `qualified feedstock' means any feedstock which is allowable for a fuel that is assigned a D-Code of 4 under table 1 of section 80.1426(f) of title 40, Code of Federal Regulations.''. (C) Rules for small biodiesel producers.-- (i) In general.--Section 40A(e) is amended-- (I) by striking ``agri-biodiesel'' each place it appears in paragraphs (1) and (5)(A) and inserting ``biodiesel'', (II) by striking ``subsection (b)(4)(C)'' each place it appears in paragraphs (2) and (3) and inserting ``subsection (b)(2)'', and (III) by striking ``subsection (a)(3)'' each place it appears in paragraphs (5)(A), (6)(A)(i), and (6)(B)(i) and inserting ``subsection (b)''. (ii) The heading for subsection (e) of section 40A is amended by striking ``Agri- biodiesel'' and inserting ``Biodiesel''. (iii) The headings for paragraphs (1) and (6) of section 40A(e) are each amended by striking ``agri-biodiesel'' and inserting ``biodiesel''. (D) Renewable diesel.-- (i) In general.--Paragraph (3) of section 40A(f) is amended to read as follows: ``(3) Renewable diesel defined.-- ``(A) In general.--The term `renewable diesel' means liquid fuel derived from biomass which-- ``(i) is not a mono-alkyl ester, ``(ii) can be used in engines designed to operate on conventional diesel fuel, and ``(iii) meets the requirements for any Grade No. 1-D fuel or Grade No. 2-D fuel covered under the American Society for Testing and Materials specification D-975-13a. ``(B) Exceptions.--Such term shall not include-- ``(i) any liquid with respect to which a credit may be determined under section 40, ``(ii) any fuel derived from coprocessing biomass with a feedstock which is not biomass, or ``(iii) any fuel that is not chemically equivalent to petroleum diesel fuels that can meet fuel quality specifications applicable to diesel fuel, gasoline, or aviation fuel. ``(C) Biomass.--For purposes of this paragraph, the term `biomass' has the meaning given such term by section 45K(c)(3).''. (ii) Conforming amendments.--Section 40A(f) is amended-- (I) by striking ``Subsection (b)(4)'' in paragraph (2) and inserting ``Subsection (b)'', and (II) by striking paragraph (4) and inserting the following: ``(4) Certain aviation fuel.--Except as provided paragraph (3)(B), the term `renewable diesel' shall include fuel derived from biomass which meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel.''. (E) Termination.--Subsection (g) of section 40A, as amended by subsection (a)(1), is amended by striking ``March 31, 2016'' and inserting ``December 31, 2018''. (F) Clerical amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A and inserting the following new item: ``Sec. 40A. Biodiesel fuels credit.''. (2) Reform of excise tax credit.-- (A) In general.--Subsection (c) of section 6426, as amended by subsection (a)(2)(A), is amended to read as follows: ``(c) Biodiesel Production Credit.-- ``(1) In general.--For purposes of this section, the biodiesel production credit is $1.00 for each gallon of biodiesel produced by the taxpayer and which-- ``(A) is sold by such taxpayer to another person-- ``(i) for use by such other person's trade or business as a fuel or in the production of a qualified biodiesel mixture (other than casual off-farm production), or ``(ii) who sells such biodiesel at retail to another person and places such biodiesel in the fuel tank of such other person, or ``(B) is used by such taxpayer for any purpose described in subparagraph (A). ``(2) Definitions.--Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A. ``(3) Termination.--This subsection shall not apply to any sale, use, or removal after December 31, 2018.''. (B) Producer registration requirement.--Subsection (a) of section 6426 is amended by striking ``subsections (d) and (e)'' in the flush sentence at the end and inserting ``subsections (c), (d), and (e)''. (C) Recapture.-- (i) In general.--Subsection (f) of section 6426 is amended-- (I) by striking ``or biodiesel'' each place it appears in subparagraphs (A) and (B)(i) of paragraph (1), (II) by striking ``or biodiesel mixture'' in paragraph (1)(A), and (III) by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Biodiesel.--If any credit was determined under this section or paid pursuant to section 6427(e) with respect to the production of any biodiesel and any person uses such biodiesel for a purpose not described in subsection (c)(1), then there is hereby imposed on such person a tax equal to $1 for each gallon of such biodiesel.''. (ii) Conforming amendments.-- (I) Paragraph (3) of section 6426(f), as redesignated by clause (i)(III), is amended by inserting ``or (2)'' after ``paragraph (1)''. (II) The heading for paragraph (1) of section 6426(f) is amended by striking ``Imposition of tax'' and inserting ``In general''. (D) Limitation.--Section 6426(i) is amended-- (i) in paragraph (2)-- (I) by striking ``biodiesel or'', and (II) by striking ``Biodiesel and'' in the heading, and (ii) by inserting after paragraph (2) the following new paragraph: ``(3) Biodiesel.--No credit shall be determined under subsection (a) with respect to biodiesel unless such biodiesel is produced in the United States from qualified feedstocks (as defined in section 40A(d)(5)(B)).''. (E) Clerical amendments.-- (i) The heading of section 6426 is amended by striking ``alcohol fuel, biodiesel, and alternative fuel mixtures'' and inserting ``alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures''. (ii) The item relating to section 6426 in the table of sections for subchapter B of chapter 65 is amended by striking ``alcohol fuel, biodiesel, and alternative fuel mixtures'' and inserting ``alcohol fuel mixtures, biodiesel production, and alternative fuel mixtures''. (3) Reform of excise payments of credit.--Subsection (e) of section 6427 is amended-- (A) by striking ``or the biodiesel mixture credit'' in paragraph (1), (B) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively, and by inserting after paragraph (2) the following new paragraph: ``(3) Biodiesel production credit.--If any person produces biodiesel and sells or uses such biodiesel as provided in section 6426(c)(1), the Secretary shall pay (without interest) to such person an amount equal to the biodiesel production credit with respect to such biodiesel.'', (C) by striking ``paragraph (1) or (2)'' each place it appears in paragraphs (4) and (6), as redesignated by subparagraph (B), and inserting ``paragraph (1), (2), or (3)'', (D) by striking ``alternative fuel'' each place it appears in paragraphs (4) and (6), as redesignated by subparagraph (B), and inserting ``fuel'', and (E) in paragraph (7)(B) (as amended by subsection (a)(2)(B) and redesignated by subparagraph (B)) (2)-- (i) by striking ``biodiesel mixture (as defined in section 6426(c)(3))'' and inserting ``biodiesel (within the meaning of section 40A)'', and (ii) by striking ``March 31, 2016'' and inserting ``December 31, 2018''. (4) Guidance.--Not later than 30 days after the date of the enactment of this Act, the Secretary of the Treasury, or the Secretary's delegate, shall issue preliminary guidance with respect to the amendments made by this subsection. (5) Effective date.--The amendments made by this subsection shall apply to fuel sold or used after March 31, 2016.

Biodiesel Tax Incentive Reform and Extension Act of 2015 This bill amends the Internal Revenue Code to: (1) extend through March 31, 2016, the income tax credit for biodiesel and renewable diesel used as fuel and the excise tax credit for biodiesel fuel mixtures, (2) allow through 2018 a new income and excise tax credit equal to $1.00 for each gallon of biodiesel produced, and (3) provide for an increased credit for small biodiesel producers.

Biodiesel Tax Incentive Reform and Extension Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Family Support Act of 2005''. SEC. 2. PROGRAMS FOR USE OF LEAVE BY CAREGIVERS FOR FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY SERVICE. (a) Federal Employees Program.-- (1) Definitions.--In this subsection: (A) Caregiver.--The term ``caregiver'' means an individual who-- (i) is an employee; (ii) is at least 21 years of age; and (iii) is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces. (B) Covered period of service.--The term ``covered period of service'' means any period of service performed by an employee as a caregiver while the individual who designated the caregiver under paragraph (3) remains a qualified member of the Armed Forces. (C) Employee.--The term ``employee'' has the meaning given under section 6331 of title 5, United States Code. (D) Family member.--The term ``family member'' includes-- (i) individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support (such as housing, food, clothing, or transportation); and (ii) children under the age of 19 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves in the absence of the qualified member of the Armed Forces. (E) Qualified member of the armed forces.--The term ``qualified member of the Armed Forces'' means-- (i) a member of a reserve component of the Armed Forces as described under section 10101 of title 10, United States Code, who has received notice to report to, or is serving on, active duty in the Armed Forces in support of a contingency operation as defined under section 101(a)(13) of title 10, United States Code; or (ii) a member of the Armed Forces on active duty who is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code. (2) Establishment of program.--The Office of Personnel Management shall establish a program to authorize a caregiver to-- (A) use any sick leave of that caregiver during a covered period of service in the same manner and to the same extent as annual leave is used; and (B) use any leave available to that caregiver under subchapter III or IV of chapter 63 of title 5, United States Code, during a covered period of service as though that covered period of service is a medical emergency. (3) Designation of caregiver.-- (A) In general.--A qualified member of the Armed Forces shall submit a written designation of the individual who is the caregiver for any family member of that member of the Armed Forces during a covered period of service to the employing agency and the Office of Personnel Management. (B) Designation of spouse.--Notwithstanding paragraph (1)(A)(ii), an individual less than 21 years of age may be designated as a caregiver if that individual is the spouse of the qualified member of the Armed Forces making the designation. (4) Use of caregiver leave.--Leave may only be used under this subsection for purposes directly relating to, or resulting from, the designation of an employee as a caregiver. (5) Regulations.--Not later than 120 days after the date of enactment of this Act, the Office of Personnel Management shall prescribe regulations to carry out this subsection. (6) Termination.--The program under this subsection shall terminate on December 31, 2007. (b) Voluntary Private Sector Leave Program.-- (1) Definitions.-- (A) Caregiver.--The term ``caregiver'' means an individual who-- (i) is an employee; (ii) is at least 21 years of age; and (iii) is capable of self care and care of children or other dependent family members of a qualified member of the Armed Forces. (B) Covered period of service.--The term ``covered period of service'' means any period of service performed by an employee as a caregiver while the individual who designated the caregiver under paragraph (4) remains a qualified member of the Armed Forces. (C) Employee.--The term ``employee'' means an employee of a business entity participating in the program under this subsection. (D) Family member.--The term ``family member'' includes-- (i) individuals for whom the qualified member of the Armed Forces provides medical, financial, and logistical support (such as housing, food, clothing, or transportation); and (ii) children under the age of 19 years, elderly adults, persons with disabilities, and other persons who are unable to care for themselves in the absence of the qualified member of the Armed Forces. (E) Qualified member of the armed forces.--The term ``qualified member of the Armed Forces'' means-- (i) a member of a reserve component of the Armed Forces as described under section 10101 of title 10, United States Code, who has received notice to report to, or is serving on, active duty in the Armed Forces in support of a contingency operation as defined under section 101(a)(13) of title 10, United States Code; or (ii) a member of the Armed Forces on active duty who is eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code. (2) Establishment of program.-- (A) In general.--The Secretary of Labor shall establish a program to authorize employees of business entities described under paragraph (3) to use sick leave, or any other leave available to an employee, during a covered period of service in the same manner and to the same extent as annual leave (or its equivalent) is used. (B) Exception.--Subparagraph (A) shall not apply to leave made available under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). (3) Voluntary business participation.--The Secretary of Labor shall solicit business entities to voluntarily participate in the program under this subsection. (4) Designation of caregiver.-- (A) In general.--A qualified member of the Armed Forces shall submit a written designation of the individual who is the caregiver for any family member of that member of the Armed Forces during a covered period of service to the employing business entity. (B) Designation of spouse.--Notwithstanding paragraph (1)(A)(ii), an individual less than 21 years of age may be designated as a caregiver if that individual is the spouse of the qualified member of the Armed Forces making the designation. (5) Use of caregiver leave.--Leave may only be used under this subsection for purposes directly relating to, or resulting from, the designation of an employee as a caregiver. (6) Regulations.--Not later than 120 days after the date of enactment of this Act, the Secretary of Labor shall prescribe regulations to carry out this subsection. (7) Termination.--The program under this subsection shall terminate on December 31, 2007. (c) GAO Report.--Not later than June 30, 2007, the Government Accountability Office shall submit a report to Congress on the programs under subsections (a) and (b) that includes-- (1) an evaluation of the success of each program; and (2) recommendations for the continuance or termination of each program.

Military Family Support Act of 2005 - Directs the Office of Personnel Management (OPM) to establish a program to authorize a caregiver (a federal employee at least 21 years of age capable of providing care to a child or other dependent family member of a member of the Armed Forces) to: (1) use any available sick leave for the provision of such care in the same manner as annual leave is used; and (2) use any federal leave available to that caregiver as though that period of caregiving is a medical emergency. Requires the service member: (1) for whom the caregiving is provided to be performing service in support of a contingency operation or in situations for which hostile fire or imminent danger pay is authorized; and (2) to designate the caregiver for his or her family. Terminates the program on December 31, 2007. Directs the Secretary of Labor to: (1) establish a program to authorize employees of private businesses to use sick or any other leave for caregiving in the same manner as above; and (2) solicit businesses to voluntarily participate in the program. Requires caregiver designation. Terminates the program on December 31, 2007.

A bill to provide for 2 programs to authorize the use of leave by caregivers for family members of certain individuals performing military service, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Injured Servicemembers Act''. SEC. 2. SERVICEMEMBER FAMILY LEAVE. (a) Definitions.--Section 101 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the end the following: ``(14) Active duty.--The term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code. ``(15) Covered servicemember.--The term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness. ``(16) Medical hold or medical holdover status.--The term `medical hold or medical holdover status' means-- ``(A) the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and ``(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre- deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces. ``(17) Next of kin.--The term `next of kin', used with respect to an individual, means the nearest blood relative of that individual. ``(18) Serious injury or illness.--The term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (b) Entitlement to Leave.--Section 102(a) of such Act (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Servicemember family leave.--Subject to section 103, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period. ``(4) Combined leave total.--During the single 12-month period described in paragraph (3), an eligible employee shall be entitled to a combined total of 26 workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.''. (c) Requirements Relating to Leave.-- (1) Schedule.--Section 102(b) of such Act (29 U.S.C. 2612(b)) is amended-- (A) in paragraph (1), in the second sentence-- (i) by striking ``section 103(b)(5)'' and inserting ``subsection (b)(5) or (f) (as appropriate) of section 103''; and (ii) by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''; and (B) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (2) Substitution of paid leave.--Section 102(d) of such Act (29 U.S.C. 2612(d)) is amended-- (A) in paragraph (1)-- (i) by inserting ``(or 26 workweeks in the case of leave provided under subsection (a)(3))'' after ``12 workweeks'' the first place it appears; and (ii) by inserting ``(or 26 workweeks, as appropriate)'' after ``12 workweeks'' the second place it appears; and (B) in paragraph (2)(B), by adding at the end the following: ``An eligible employee may elect, or an employer may require the employee, to substitute any of the accrued paid vacation leave, personal leave, family leave, or medical or sick leave of the employee for leave provided under subsection (a)(3) for any part of the 26-week period of such leave under such subsection.''. (3) Notice.--Section 102(e)(2) of such Act (29 U.S.C. 2612(e)(2)) is amended by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (4) Spouses employed by same employer.--Section 102(f) of such Act (29 U.S.C. 2612(f)) is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), and aligning the margins of the subparagraphs with the margins of section 102(e)(2)(A); (B) by striking ``In any'' and inserting the following: ``(1) In general.--In any''; and (C) by adding at the end the following: ``(2) Servicemember family leave.-- ``(A) In general.--The aggregate number of workweeks of leave to which both that husband and wife may be entitled under subsection (a) may be limited to 26 workweeks during the single 12-month period described in subsection (a)(3) if the leave is-- ``(i) leave under subsection (a)(3); or ``(ii) a combination of leave under subsection (a)(3) and leave described in paragraph (1). ``(B) Both limitations applicable.--If the leave taken by the husband and wife includes leave described in paragraph (1), the limitation in paragraph (1) shall apply to the leave described in paragraph (1).''. (d) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Servicemember Family Leave.--An employer may require that a request for leave under section 102(a)(3) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. (e) Failure To Return.--Section 104(c) of such Act (29 U.S.C. 2614(c)) is amended-- (1) in paragraph (2)(B)(i), by inserting ``or under section 102(a)(3)'' before the semicolon; and (2) in paragraph (3)(A)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) a certification issued by the health care provider of the servicemember being cared for by the employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(3).''. (f) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) is amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 26 weeks, in a case involving leave under section 102(a)(3))'' after ``12 weeks''. (g) Instructional Employees.--Section 108 of such Act (29 U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by inserting ``or under section 102(a)(3)'' after ``section 102(a)(1)''. SEC. 3. SERVICEMEMBER FAMILY LEAVE FOR CIVIL SERVICE EMPLOYEES. (a) Definitions.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(7) the term `active duty' means duty under a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code; ``(8) the term `covered servicemember' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness; ``(9) the term `medical hold or medical holdover status' means-- ``(A) the status of a member of the Armed Forces, including a member of the National Guard or a Reserve, assigned or attached to a military hospital for medical care; and ``(B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre- deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces; ``(10) the term `next of kin', used with respect to an individual, means the nearest blood relative of that individual; and ``(11) the term `serious injury or illness', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.''. (b) Entitlement to Leave.--Section 6382(a) of such title is amended by adding at the end the following: ``(3) Subject to section 6383, an employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember shall be entitled to a total of 26 administrative workweeks of leave during a 12-month period to care for the servicemember. The leave described in this paragraph shall only be available during a single 12-month period. ``(4) During the single 12-month period described in paragraph (3), an employee shall be entitled to a combined total of 26 administrative workweeks of leave under paragraphs (1) and (3). Nothing in this paragraph shall be construed to limit the availability of leave under paragraph (1) during any other 12-month period.''. (c) Requirements Relating to Leave.-- (1) Schedule.--Section 6382(b) of such title is amended-- (A) in paragraph (1), in the second sentence-- (i) by striking ``section 6383(b)(5)'' and inserting ``subsection (b)(5) or (f) (as appropriate) of section 6383''; and (ii) by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''; and (B) in paragraph (2), by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (2) Substitution of paid leave.--Section 6382(d) of such title is amended by adding at the end the following: ``An employee may elect to substitute for leave under subsection (a)(3) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 26-week period of leave under such subsection.''. (3) Notice.--Section 6382(e) of such title is amended by inserting ``or under subsection (a)(3)'' after ``subsection (a)(1)''. (d) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''.

Support for Injured Servicemembers Act - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember to a total of 26 workweeks of leave during a single 12-month period to care for the servicemember. Defines covered servicemember as a member of the U.S. Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty that may render the member medically unfit to perform his or her duties. Provides for the substitution of accrued paid vacation, personal, family leave, or medical or sick leave for any part of the 26-week period. Declares that nothing in this Act shall be construed to limit the availability of such leave during any other 12-month period. Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period.

To expand family and medical leave in support of servicemembers with combat-related injuries.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Savings Act of 2014''. SEC. 2. HEALTH SAVINGS ACCOUNTS FOR CHILDREN. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(h) Child Health Savings Accounts.-- ``(1) In general.--In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child or grandchild of the taxpayer. ``(2) Limitations.-- ``(A) Deduction limitation.--The amount taken into account under paragraph (1) with respect to each child or grandchild of the taxpayer, as the case may be, for the taxable year shall not exceed the sum of the monthly limitations with respect to such child for months during the taxable year that the child is an eligible individual. ``(B) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all child health savings accounts established and maintained on behalf of a child shall not exceed the sum of the monthly limitations for months during the taxable year that the child is an eligible individual. ``(C) Monthly limitation.--The monthly limitation for any month with respect to a child is \1/12\ of the amount in effect for the taxable year under subsection (c)(2)(A)(ii)(I). ``(3) Treatment of account while a dependent.--For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the first taxable year (and each taxable year thereafter) for which no deduction under section 151 is allowable to any taxpayer with respect to such child, after which such account shall be treated as a health savings account of the child. ``(4) Child health savings account.--For purposes of this subsection, the term `child health savings account' means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer. ``(5) Qualified medical expenses.--For purposes of this section, the term `qualified medical expenses' shall, with respect to any child health savings account, not include any amounts paid for medical care (as defined in section 213(d)) for any individual other than the child for whose benefit the account is maintained. ``(6) Exceptions for disability or death of child.--If the child becomes disabled within the meaning of section 72(m)(7) or dies-- ``(A) subsection (f)(4)(A) shall not apply to any subsequent payment or distribution, and ``(B) the taxpayer may rollover the amount in such account to any health savings account of the taxpayer or grandparent of the child or to any child health savings account of any other child of the taxpayer. ``(7) Guardians.--Any legal guardian of a child shall be treated as the parent of such child for purposes of this section. ``(8) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married.''. (b) Coordination With Means-Tested Programs.--Amounts in a child health savings account shall not be taken into account in determining resources for purposes of title XIX of the Social Security Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. ALLOWING HSA ROLLOVER TO CHILD OR PARENT OF ACCOUNT HOLDER. (a) In General.--Subparagraph (A) of section 223(f)(8) of the Internal Revenue Code of 1986 is amended-- (1) by inserting ``child, parent, or grandparent'' after ``surviving spouse'', (2) by inserting ``child, parent, or grandparent, as the case may be,'' after ``the spouse'', (3) by inserting ``, child, parent, or grandparent'' after ``spouse'' in the heading thereof, and (4) by adding at the end the following: ``In the case of a child who acquires such beneficiary's interest and with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, such health savings account shall be treated as a child health savings account of the child.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. MAXIMUM CONTRIBUTION LIMIT TO HSA INCREASED TO AMOUNT OF DEDUCTIBLE AND OUT-OF-POCKET LIMITATION. (a) Self-Only Coverage.--Subparagraph (A) of section 223(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$2,250'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(I)''. (b) Family Coverage.--Subparagraph (B) of section 223(b)(2) of such Code is amended by striking ``$4,500'' and inserting ``the amount in effect under subsection (c)(2)(A)(ii)(II)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. TRANSFER OF REQUIRED MINIMUM DISTRIBUTION FROM RETIREMENT PLAN TO HEALTH SAVINGS ACCOUNT. (a) Transfer From Retirement Plan.-- (1) Individual retirement accounts.--Section 408(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(10) Required minimum distribution transferred to health savings account.-- ``(A) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(B) Qualified hsa transfer.--For purposes of this paragraph, the term `qualified HSA transfer' means any distribution from an individual retirement plan-- ``(i) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(ii) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(C) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross for purposes of subparagraph (A), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(D) Coordination.--An election may not be made under subparagraph (A) for a taxable year for which an election is in effect under paragraph (9).''. (2) Other retirement plans.--Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Required Minimum Distribution Transferred to Health Savings Account.-- ``(1) In general.--In the case of an individual who has attained the age of 70\1/2\ and who elects the application of this subsection for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. ``(2) Qualified hsa transfer.--For purposes of this subsection, the term `qualified HSA transfer' means any distribution from a retirement plan-- ``(A) to a health savings account of the individual in a direct trustee-to-trustee transfer, ``(B) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. ``(3) Application of section 72.--Notwithstanding section 72, in determining the extent to which an amount is treated as otherwise includible in gross for purposes of paragraph (1), the aggregate amount distributed from an individual retirement plan shall be treated as includible in gross income to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts from all individual retirement plans were distributed. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. ``(4) Eligible retirement plan.--For purposes of this subsection, the term `eligible retirement plan' has the meaning given such term by subsection (c)(8)(B) (determined without regard to clauses (i) and (ii) thereof).''. (b) Transfer to Health Savings Account.-- (1) In general.--Subparagraph (A) of section 223(d)(1) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) unless it is in a qualified HSA transfer described in section 408(d)(10) or 402(m).''. (2) Excise tax inapplicable to qualified hsa transfer.-- Paragraph (1) of section 4973(g) of such Code is amended by inserting ``or in a qualified HSA transfer described in section 408(d)(10) or 402(m)'' after ``or 223(f)(5)''. (c) Effective Date.--The amendments made by this section shall apply to distributions made after the date of the enactment of this Act. SEC. 6. EQUIVALENT BANKRUPTCY PROTECTIONS FOR HEALTH SAVINGS ACCOUNTS AS RETIREMENT FUNDS. (a) In General.--Section 522 of title 11, United States Code, is amended by adding at the end the following new subsection: ``(r) For purposes of this section, any health savings account (as described in section 223 of the Internal Revenue Code of 1986) shall be treated in the same manner as an individual retirement account described in section 408 of such Code.''. (b) Effective Date.--The amendment made by this section shall apply to cases commencing under title 11, United States Code, after the date of the enactment of this Act. SEC. 7. ALLOWANCE OF SILVER AND BRONZE PLANS IN CONNECTION WITH HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``a high deductible health plan'' each place it appears and inserting ``an HSA compatible health plan'', (2) by striking ``high deductible health plan'' in subsection (b)(8)(A)(ii) and inserting ``HSA compatible health plan'', and (3) by striking ``the high deductible health plan'' in subsection (c)(1)(A)(ii)(II) and inserting ``the HSA compatible health plan''. (b) HSA Compatible Health Plan Defined.--Paragraph (2) of section 223(c) of such Code is amended by redesignating subparagraphs (A), (B), (C), and (D) as subparagraphs (B), (C), (D), and (E) and by inserting before subparagraph (B), as so redesignated, the following new subparagraph: ``(A) In general.--The term `HSA compatible health plan' means-- ``(i) any high deductible health plan, ``(ii) any plan described in section 1302(e) of the Patient Protection and Affordable Care Act (relating to catastrophic plan), or ``(iii) any silver or bronze plan which was enrolled in through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act.''. (c) Clerical Amendments.--Section 223 of such Code is amended-- (1) by striking ``In general'' in the heading for subsection (c)(2)(B), as redesignated by subsection (b) of this Act, and inserting ``High deductible health plan'', (2) by striking ``high deductible health plan'' in the heading for subsection (b)(8)(B) and inserting ``hsa compatible health plan'', and (3) by striking ``High deductible health plan'' in the heading for subsection (c)(2) and inserting ``HSA compatible health plan''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. SEC. 8. IDENTIFICATION OF HSA COMPATIBLE PLANS. Section 1103(b) of the Patient Protection and Affordable Care Act (42 U.S.C. 18003(b)) is amended by adding at the end the following new paragraph: ``(3) Identification of hsa compatible plans.--Beginning for plan year 2015, the format described in paragraph (1) shall require that information on a coverage option described in subsection (a)(2) that is an HSA compatible health plan (as defined in section 223(c)(2) of the Internal Revenue Code of 1986) identifies such plan as a plan that satisfies the requirement of section 223(c)(1)(A)(i) of such Code.''.

Health Savings Act of 2014 - Amends the Internal Revenue Code, with respect to health savings accounts (HSAs), to: (1) allow an additional tax deduction for amounts paid to the HSA of a taxpayer's child or grandchild; (2) allow a rollover of HSA funds to the child, parent, or grandparent of an account holder; (3) increase the maximum HSA contribution limit; (4) allow mandatory distributions from an individual retirement account (IRA) to be paid into an HSA; (5) exempt HSAs from creditor claims in bankruptcy; and (6) expand the definition of an HSA compatible plan to include bronze, silver, and catastrophic plans on an insurance exchange.

Health Savings Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Pakistani-American Enterprise Fund Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Pakistan currently enjoys a strong private sector and entrepreneurial spirit. The country is working to consolidate macroeconomic stability and initiate structural reforms with support from the International Monetary Fund's (IMF) Stand-By Agreement. A more stable economy in Pakistan will help support Pakistan's robust private sector. Enterprise Funds established in partnership with United States partners like Poland, Hungary, Albania, Russia, and other European countries have proven beneficial to their economies. Creating a similar fund in close partnership with the people of Pakistan could help sustain and expand their reform efforts as well as empower entrepreneurs in Pakistan with the resources required to create desperately needed employment opportunities. (2) A 2009 assessment released by the IMF noted, ``Economic growth in Pakistan is starting to recover; large-scale manufacturing output has started to increase, the improvement in the global economy has helped manufacturing exports, and the private sector credit growth has picked up somewhat as businesses rebuild their working capital. Looking ahead, a resumption of higher growth is needed to raise living standards and will require improvements in the business climate to stimulate higher investment by local and foreign investors.'' (3) Pakistan has seen a dramatic fall in foreign direct investment (FDI) in recent years. According to Pakistan's Board of Investment (BOI), foreign direct investment dropped by 40.7 percent from the July 2008-June 2009 time period to the July 2009-June 2010 time period. Pakistan secured $5,139,600,000 in FDI in 2006-2007 and $5,152,800,000 in 2007-2008, but the amount dropped to $2,205,000,000 in 2009-2010. (4) According to the Asian Development Bank's 2008 report on Pakistan's private sector, Pakistan's private sector is by far the biggest contributor to GDP and is the biggest employer in the country. According to Pakistan's Small and Medium Sized Development Authority (SMEDA), small and medium sized enterprises (SMEs) constitute nearly 90 percent of all enterprises in Pakistan, employ 80 percent of the non- agricultural labor force, and constitute an approximately 40 percent share of annual GDP. Pakistan's SMEs are particularly constrained by lack of access to financial and other resources. Accelerating the growth of existing SMEs and providing innovative entrepreneurs with resources to set up new ventures has the potential to significantly contribute to stability through job creation and support overall economic success in Pakistan. (5) The shortage of risk capital in Pakistan stems from the effects of the global economic crisis but has been greatly exacerbated by both political and security challenges plaguing the country. Establishing an enterprise fund could help reinforce financial institutions within the country, provide debt and equity investment for commercially viable SMEs, provide debt and equity investment in private sector entities and initiatives in the energy sector, and make the investment environment more attractive to domestic and international investors. (6) Creation of an enterprise fund could promote the growth of the private sector in Pakistan while simultaneously incentivize companies to operate within the formal economy. Estimates by the IMF and World Bank suggest that the informal or underground economy in Pakistan far exceeds the fiscal activity government institutions are able to systematically measure. Any company or business supported by the enterprise fund would be required to operate within specific legal and accounting standards and comply with applicable tax codes. In a country with extremely low levels of tax collection--less than 2 percent of the population is believed to pay personal taxes-- leadership by the private sector could set an invaluable example within the country. (7) To help foster and support the fledgling private sector after the fall of the Berlin Wall, Congress, through enactment of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.) and the FREEDOM Support Act (22 U.S.C. 5801 et seq.), authorized nearly $1,200,000,000 for the United States Agency for International Development (USAID) to establish 10 new investment funds, collectively known as the ``Enterprise Funds'', throughout Central and Eastern Europe and the former Soviet Union. These funds channeled funding into over 500 enterprises in 19 countries, leveraged an additional $5,000,000,000 in private investment capital from outside the United States Government, provided substantial development capital where supply was limited, created or sustained over 260,000 jobs through investment and development activities, funded $74,000,000 in technical assistance to strengthen the private sector, and is expected to recoup 137 percent of the original USAID funding. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to promote the private sector in Pakistan, while considering the development impact of investments and profitability of those investments, particularly in small- and medium-sized enterprises, the energy and electricity sector, and joint ventures with participants from the United States and Pakistan; (2) to promote policies and practices conducive to strengthening the private sector in Pakistan through measures including loans, microloans, equity investments, insurance, guarantees, grants, feasibility studies, technical assistance, training for businesses receiving investment capital, and other measures; (3) to promote good corporate governance and transparency in Pakistan, foster competition, catalyze productivity improvements in existing businesses, and strengthen local capital markets; (4) to promote security through job creation in the private sector in Pakistan and to further the creation of a middle class in Pakistan; and (5) to promote private sector adherence to tax codes in Pakistan and, where appropriate, foster improvements in the tax code and regulatory environment in Pakistan in order to support economic development. SEC. 4. PAKISTANI-AMERICAN ENTERPRISE FUND. (a) Designation.--The President is authorized to designate a private, nonprofit organization based in Pakistan (to be known as the ``Pakistani-American Enterprise Fund'') to receive funds and support made available under this Act after determining that such organization has been established for the purposes specified in section 3. The President should make such designation only after consultation with the leadership of each House of Congress. (b) Board of Directors.-- (1) Appointment.--The Pakistani-American Enterprise Fund shall be governed by a Board of Directors, which shall be comprised of 4 private citizens of the United States and 3 private citizens of Pakistan, appointed by the President of the United States in consultation with the Government of Pakistan. (2) Qualifications.--Members of the Board of Directors shall be selected from among people who have had successful business careers and demonstrated experience and expertise in international and particularly emerging markets, such as private equity or venture capital investment, banking, finance, strategic business consulting, or entrepreneurial business creation, and backgrounds in priority business sectors of the Fund, such as the energy sector. (3) Additional usaid non-voting board member.--The President shall appoint one official or employee of USAID as an additional non-voting member of the Board. (4) Additional non-government non-voting board members.-- (A) Authority to appoint.--Upon the recommendation of the Board of Directors, the President may appoint up to 2 additional non-voting members to the Board in addition to the members specified in paragraphs (1) and (3), of which not more than one may be a non-citizen of the United States. (B) NGO community.--One of the additional non- voting Board members shall represent the nongovernmental organization community, with significant prior experience in development and an understanding of development policy priorities for Pakistan. (C) Technical expertise.--One of the additional non-voting Board members shall have extensive demonstrated industry, sector, or technical experience and expertise in a priority investment sector for the Fund. (c) Grants.-- (1) In general.--The President may use funds appropriated pursuant to section 102 of the Enhanced Partnership with Pakistan Act of 2009 (22 U.S.C. 8412) to carry out the purposes specified in section 3 through the Pakistani-American Enterprise Fund and to cover administrative expenses of the Fund. (2) Eligible programs and projects.--Grants awarded under this section may only be used for programs and projects that support the purposes set forth in section 3. (3) Compliance requirements.-- (A) In general.--Grants may not be awarded to the Pakistani-American Enterprise Fund under this section unless the Fund agrees to comply with the requirements under this section. (B) Grant agreement.--The grant agreement between the United States Agency for International Development and the Pakistani-American Enterprise Fund shall state that the Fund shall liquidate its assets and dissolve not later than December 31, 2020, unless the Administrator of the United States Agency for International Development determines, after consultation with the appropriate congressional committees, that the Fund should be extended. (C) Prevention of money laundering and terrorist financing.--The grant agreement between the United States Agency for International Development and the Pakistani-American Enterprise Fund shall state that the Fund shall comply with procedures specified by the Secretary of State to ensure that grant funds are not provided by the Fund to or through any individual, private or government entity, or educational institution that advocates, plans, sponsors, engages in, or has engaged in, money laundering or terrorist activity or, with respect to a private entity or educational institution, that has as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in or advocating money laundering or terrorist activity or determined to be a member of a designated foreign terrorist organization. (D) Disposition of assets.--The assets of the Pakistani-American Enterprise Fund at the time the Fund is dissolved shall be returned to the General Fund of the United States Treasury and used to reduce the debt of the United States, unless otherwise specified by the appropriate congressional committees. (d) Notification.-- (1) In general.--Not later than 15 days before designating an organization to operate as the Pakistani-American Enterprise Fund pursuant to subsection (a), the President shall provide the information described in paragraph (2) to the Chairman and Ranking Member of the appropriate congressional committees. (2) Information.--The information described in this paragraph is-- (A) the identity of the organization to be designated to operate as the Pakistani-American Enterprise Fund pursuant to subsection (a); (B) the names and qualifications of the individuals who will comprise the initial Board of Directors; and (C) the procedures referred to in subsection (c)(3)(C) that will apply to the Pakistani-American Enterprise Fund for purposes of curtailing money- laundering and terrorist financing activities. (e) Public Disclosure.--Not later than one year after the entry into force of the initial grant agreement under this section, and annually thereafter, the Fund shall prepare and make available to the public on an Internet website administered by the Fund a report on the Fund's activities during the previous year, including-- (1) a description of each investment or project supported by the Fund, including each type of assistance provided in accordance with section 3(2); (2) the amounts invested by the Fund in each company or project; (3) the amounts of additional private investments made in each company or project; and (4) the amounts of any profits or losses realized by the Fund in connection with each such company or project. SEC. 5. REPORTS. (a) Administrative Expenses.--Not later than one year after the date of the enactment of this Act, and annually thereafter until the Fund is dissolved, the Fund shall submit to the appropriate congressional committees a report detailing the administrative expenses of the Fund. (b) GAO Report.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter until the Fund is dissolved, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the activities of the Fund in achieving the stated goals of promoting private sector investment and employment in Pakistan and identifying those institutional or regulatory constraints that inhibit a more effective application of Fund resources. SEC. 6. OPERATION PROVISIONS. (a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k), (l), (m), (n), (o), and (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply with respect to the Pakistani-American Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section. (b) Reinvestment.--Returns on investments of the Pakistani-American Enterprise Fund and other payments to the Fund may be reinvested in projects carried out by the Fund without further appropriation by Congress. SEC. 7. BEST PRACTICES AND PROCEDURES. To the maximum extent practicable, the Board of Directors of the Pakistani-American Enterprise Fund should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421). SEC. 8. EXPERIENCE OF OTHER ENTERPRISE FUNDS. In implementing this Act, the President shall ensure that the Articles of Incorporation of the Pakistani-American Enterprise Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund), the terms of United States Government grant agreements with the Fund, and United States Government oversight of the Fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law. SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.

Pakistani-American Enterprise Fund Act - Authorizes the President to designate a private, nonprofit organization based in Pakistan (the Pakistani-American Enterprise Fund) to receive funds and support to promote and strengthen the private sector in Pakistan. States that the grant agreement between the United States Agency for International Development (USAID) and the Fund shall require the Fund to: (1) liquidate its assets and dissolve not later than December 31, 2020, unless USAID determines after congressional consultation that the Fund should be extended; and (2) prevent funds from being used for money laundering and terrorist financing. Requires: (1) an annual Fund report to Congress; and (2) a Government Accountability Office (GAO) report to Congress every three years regarding Fund activities. Urges the Fund's Board of Directors to adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to the Support for East European Democracy (SEED) Act of 1989.

A bill to promote the strengthening of the private sector in Pakistan.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Southwest Cross-border Violence Recognition Act of 2011''. SEC. 2. REDUCTION IN CROSS-BORDER VIOLENCE. (a) Creation of New Reporting Requirements for a Comprehensive Evaluation of Cross-Border Violence.--In seeking to increase security and reduce cross-border violence along the United States border, the Secretary of Homeland Security shall, not later than 180 days after the date of the enactment of this Act, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the metrics, described in subsection (c), to be used to gauge the incidents or occurrences of cross-border violence and how the resulting findings shall be quantified for periodic reporting in accordance with subsection (b). (b) Periodic Reports.--Not later than 90 days after the submission of the report required under subsection (a) and every 90 days thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the incidents or occurrences of cross-border violence during the immediately preceding 90-day period, incorporating the metrics referred to in such subsection, and including information and crime statistics from Federal, State, local, and tribal sources. (c) Metrics Described.--The metrics referred to in subsection (a) shall include such sources of information as-- (1) border sheriff and State law enforcement reports on crime, vandalism, theft, burglary, apprehensions, accidents, and capital crimes; (2) reports from local hospitals in border States regarding the number of individuals (whether citizens, lawful permanent residents, or foreign nationals) treated for wounds obtained during acts of cross-border violence; (3) impact to property values and businesses along the border as a result of factors such as acts of vandalism, theft, burglary, destruction of property, and intimidation; (4) accounts of cross-border violence along the border reported by U.S. Immigrations and Customs Enforcement, U.S. Customs and Border Protection, including the Border Patrol, and other Federal departments and agencies determined appropriate by the Secretary of Homeland Security. (d) Definitions.--In this section: (1) Cross-border violence.--The term ``cross-border violence'' means-- (A) any act of violence-- (i) carried out by a foreign national, a citizen or lawful permanent resident of the United States, entity (whether foreign or domestic), or organization (whether foreign or domestic) (including a drug trafficking or human trafficking organization) acting in the interest of or on behalf of a foreign national, foreign organization, or foreign entity that occurs in the United States not further than 100 miles from the United States border; or (ii) that benefits any foreign national, citizen or lawful permanent resident of the United States, or entity or organization referred to in clause (i) profiting from unlawful activity across the United States border with a nexus to foreign organized crime, Foreign Drug Trafficking Organizations (DTO), or Trans-national Criminal Organization (TCO) (as such organizations are described in the September 2009 Department of Homeland Security Border Task Force recommendations report); or (B) any act of violence committed by a foreign national, entity (whether foreign or domestic), organization (whether foreign or domestic), or lawful permanent resident or citizen of the United States acting in the interest, or on behalf of, a foreign national, foreign organization, or foreign entity referred to in subparagraph (A) that is targeted at or occurs during an activity that is unlawful under Federal, State, or local law that is intentionally or unintentionally inflicted upon any individual, property, entity, or organization in the United States not further than 100 miles from the United States border, or occurring in the United States not further than 100 miles from the United States border but originating outside the United States. (2) Violence.--The term ``violence'' includes-- (A) criminal violence, including the criminal use of force or threat of force occurring in the United States, as reported by Federal, State, local, or tribal law enforcement agencies; (B) border-related organized crime violence, including any act of violence that takes place in the United States with links to cross-border crime, such as drug, arms, cash, or alien smuggling or trafficking; (C) violence against law enforcement agents, including any act of violence carried out against a Federal, State, local, or tribal law enforcement agent, in association with cross-border crime; (D) border violence, including any act of violence that takes place in the United States not further than 100 miles from the United States border that has links to cross-border crime such as drug, arms, cash, or alien smuggling or trafficking or illegal migration; and (E) spillover violence, including-- (i) violence that starts in Mexico as part of a conflict among Trans-national Criminal Organizations (TCOs) or between TCOs and the Government of Mexico that carries over into the United States or threatens United States personnel or interests in Mexico; and (ii) offensive violence organized or directed by TCOs against United States personnel or interests in the United States or Mexico.

Southwest Cross-border Violence Recognition Act of 2011 - Directs the Secretary of Homeland Security (DHS): (1) within 180 days, to report on metrics to be used to gauge the incidents or occurrences of cross-border violence and on how the resulting findings shall be quantified for periodic reporting; and (2) every 90 days after submitting such report, to report on incidents or occurrences of cross-border violence, incorporating such metrics and including information and crime statistics from federal, state, local, and tribal sources. Requires such metrics to include: (1) border sheriff and state law enforcement reports on crime, vandalism, theft, burglary, apprehensions, accidents, and capital crimes; (2) reports from local hospitals in border states regarding the number of individuals treated for wounds obtained during acts of cross-border violence; (3) the impact to property values and businesses along the border as a result of factors such as acts of vandalism, theft, burglary, destruction of property, and intimidation; and (4) accounts of cross-border violence reported by U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and other federal agencies.

To improve the safety, security, and operational control of the international border by providing the Department of Homeland Security with an accurate definition of the term "cross-border violence", to require the Secretary of Homeland Security to develop measures to quantify cross-border violence data for reporting to Congress and other entities, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the Integrity of the Medicare Program Act of 2006''. SEC. 2. USE OF RECOVERY AUDIT CONTRACTORS UNDER THE MEDICARE INTEGRITY PROGRAM FOR AUDITS OF MEDICARE SECONDARY PAYER CLAIMS AND ACTIVITIES. (a) In General.--Section 1893 of the Social Security Act (42 U.S.C. 1395ddd), as amended by section 6034(d) of the Deficit Reduction Act of 2006 (Public Law 109-171), is amended by adding at the end the following new subsection: ``(h) Use of Recovery Audit Contractors for Audits of Medicare Secondary Payer Claims and Activities.-- ``(1) In general.--Under the Program, the Secretary, using a competitive procurement process, shall enter into contracts with recovery audit contractors in accordance with this subsection for the purpose of identifying underpayments and overpayments and recouping overpayments with respect to Medicare Secondary Payer claims and activities for which payment is made under part A or B. Under the contracts-- ``(A) payment shall be made to such a contractor on a contingent basis at a rate determined by the Secretary; and ``(B) such percentage as the Secretary may specify of the amount recovered shall be retained by the Secretary and shall be available to the program management account of the Centers for Medicare & Medicaid Services. ``(2) Use on a national basis.--The Secretary shall designate audit and recovery regions for the use of recovery audit contractors on a national basis. Each such region shall be covered under a contract with a recovery audit contractor (or contractors, if the Secretary determines appropriate). ``(3) Audit and recovery periods.--Each contract with a recovery audit contractor shall provide that audit and recovery activities may be conducted with respect to payments made under part A or B with respect to Medicare Secondary Payer claims and activities-- ``(A) during the current fiscal year; ``(B) retrospectively (for a period of not more than 4 fiscal years prior to the current fiscal year); and ``(C) with respect to continuing fiscal years. ``(4) Qualifications of contractors.--A recovery audit contractor is eligible to enter into a contract under this subsection to carry out the activities described in paragraph (1) if the contractor-- ``(A) has staff that has the appropriate clinical knowledge of, and experience with, the payment rules and regulations under the program under this title or the contractor has, or will contract with, another entity that has such knowledgeable and experienced staff; and ``(B) is not a fiscal intermediary under section 1816, a carrier under section 1842, a Medicare Administrative Contractor under section 1874A, or a Coordination of Benefits Contractor of the Centers for Medicare & Medicaid Services. ``(5) Preference for entities with demonstrated proficiency.--In awarding contracts to recovery audit contractors under this section, the Secretary shall give preference to those risk entities that the Secretary determines have demonstrated more than 3 years direct management experience and a proficiency for cost control or recovery audits with private insurers, health care providers, health plans, or under the medicaid program under title XIX. ``(6) Construction relating to conduct of investigation of fraud.--A recovery of an overpayment to a provider by a recovery audit contractor shall not be construed to prohibit the Secretary or the Attorney General from investigating and prosecuting, if appropriate, allegations of fraud or abuse arising from such overpayment. ``(7) Report.--The Secretary shall annually submit to Congress a report on the use of recovery audit contractors under the Program. Such report shall include information on the performance of recovery audit contractors in identifying underpayments and overpayments and recouping overpayments, including an evaluation of the comparative performance of audit recovery contractors with respect to each audit recovery region designated under paragraph (2). ``(8) Waiver.--The Secretary shall waive such provisions of this title as may be necessary to provide for payment of recovery audit contractors under this subsection in accordance with paragraph (1).''. (b) Access to National Directory of New Hires Database.--The Secretary of Labor shall provide for access by the Centers for Medicare & Medicaid Services and recovery audit contractors conducting audit and recovery activities under section 1893(h) of the Social Security Act, as added by subsection (a), to the National Directory of New Hires database. (c) Access to Coordination of Benefits Contractor Database.--The Secretary of Labor shall provide for access by the Centers for Medicare & Medicaid Services and recovery audit contractors conducting audit and recovery activities under section 1893(h) of the Social Security Act, as added by subsection (a), to the database of the Coordination of Benefits Contractor of the Centers for Medicare & Medicaid Services with respect to the audit and recovery periods described in paragraph (3) such section 1893(h). (d) Sunset of Demonstration Project for Use of Recovery Audit Contractors With Respect to Medicare Secondary Payer Claims and Activities.--Section 306(b)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2256) is amended-- (1) by striking ``Duration.--The project'' and inserting ``Duration.-- (A) In general.--Subject to subparagraph (B), the project''; and (2) by inserting after subparagraph (A), as inserted by paragraph (1), the following new subparagraph: ``(B) Sunset of project with respect to medicare secondary payer claims and activities.--The project shall not be conducted with respect to Medicare Secondary Payer claims and activities on or after the date of enactment of the Ensuring the Integrity of the Medicare Program Act of 2006, except that recovery audit contracts entered into prior to such date with respect to such claims and activities may be completed pursuant to the terms and conditions of the contract.''.

Ensuring the Integrity of the Medicare Program Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to require the use of recovery audit contractors under the Medicare Integrity Program for audits of Medicare secondary payer claims and activities. Requires the Secretary of Labor to provide for access by the Centers for Medicare and Medicaid Services (CMMS) and recovery audit contractors conducting audit and recovery activities under this Act to: (1) the National Directory of New Hires database; and (2) the database of the CMMS Coordination of Benefits Contractor with respect to specified audit and recovery periods.

A bill to amend title XVIII of the Social Security Act to require the use of recovery audit contractors under the Medicare Integrity Program with respect to Medicare Secondary Payer claims and activities.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Small Business Innovation Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--NEW MARKETS VENTURE CAPITAL PROGRAM Sec. 101. Expansion of New Markets Venture Capital Program. Sec. 102. Improved nationwide distribution. Sec. 103. Increased investment in small manufacturers. Sec. 104. Updating definition of low-income geographic area. Sec. 105. Study on availability of equity capital. Sec. 106. Expanding operational assistance to conditionally approved companies. Sec. 107. Streamlined application for New Markets Venture Capital Program. Sec. 108. Elimination of matching requirement. Sec. 109. Simplified formula for operational assistance grants. Sec. 110. Authorization of appropriations. TITLE II--ANGEL INVESTMENT PROGRAM Sec. 201. Establishment of Angel Investment Program. TITLE I--NEW MARKETS VENTURE CAPITAL PROGRAM SEC. 101. EXPANSION OF NEW MARKETS VENTURE CAPITAL PROGRAM. (a) Administration Participation Required.--Section 353 of the Small Business Investment Act of 1958 (15 U.S.C. 689b) is amended by striking ``under which the Administrator may'' and inserting ``under which the Administrator shall''. (b) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall submit to Congress a report evaluating the success of the expansion of the New Markets Venture Capital Program under this section. SEC. 102. IMPROVED NATIONWIDE DISTRIBUTION. Section 354 of the Small Business Investment Act of 1958 (15 U.S.C. 689c) is amended by adding at the end the following: ``(f) Geographic Expansion.--From among companies submitting applications under subsection (b), the Administrator shall consider the selection criteria and nationwide distribution under subsection (c) and shall, to the maximum extent practicable, approve at least one company from each geographic region of the Small Business Administration.''. SEC. 103. INCREASED INVESTMENT IN SMALL MANUFACTURERS. Section 354(d)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)(1)) is amended-- (1) by striking ``Each'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), each''; and (2) by adding at the end the following: ``(B) Small manufacturer investment capital requirements.--Each conditionally approved company engaged primarily in development of and investment in small manufacturers shall raise not less than $3,000,000 of private capital or binding capital commitments from one or more investors (other than agencies or departments of the Federal Government) who meet criteria established by the Administrator.''. SEC. 104. UPDATING DEFINITION OF LOW-INCOME GEOGRAPHIC AREA. Section 351 of the Small Business Investment Act of 1958 (15 U.S.C. 689) is amended-- (1) by striking paragraphs (2) and (3); (2) by inserting after paragraph (1) the following: ``(2) Low-income geographic area.--The term `low-income geographic area' has the same meaning given the term `low- income community' in section 45D(e) of the Internal Revenue Code of 1986 (26 U.S.C. 45D(e)).''; and (3) by redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively. SEC. 105. STUDY ON AVAILABILITY OF EQUITY CAPITAL. (a) Study Required.--Before the expiration of the 180-day period that begins on the date of the enactment of this Act, the Chief Counsel for Advocacy of the Small Business Administration shall conduct a study on the availability of equity capital in low-income urban and rural areas. (b) Report.--Not later than 90 days after the completion of the study under subsection (a), the Administrator of the Small Business Administration shall submit to Congress a report containing the findings of the study required under subsection (a) and any recommendations of the Administrator based on such study. SEC. 106. EXPANDING OPERATIONAL ASSISTANCE TO CONDITIONALLY APPROVED COMPANIES. (a) Operational Assistance Grants to Conditionally Approved Companies.--Section 358(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)) is amended by adding at the end the following: ``(6) Grants to conditionally approved companies.-- ``(A) In general.--Subject to subparagraphs (B), (C), and (D), upon the request of a company conditionally approved under section 354(c), the Administrator shall make a grant to the company under this subsection. ``(B) Repayment by companies not approved.--If a company receives a grant under this paragraph and does not enter into a participation agreement for final approval, the company shall repay the amount of the grant to the Administrator. ``(C) Deduction from grant to approved company.--If a company receives a grant under this paragraph and receives final approval under section 354(e), the Administrator shall deduct the amount of the grant under this paragraph from the total grant amount that the company receives for operational assistance. ``(D) Amount of grant.--No company may receive a grant of more than $50,000 under this paragraph.''. (b) Limitation on Time for Final Approval.--Section 354(d) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)) is amended in the matter preceding paragraph (1) by striking ``a period of time, not to exceed 2 years,'' and inserting ``2 years''. (c) Expanded Definition of Operational Assistance.--Section 351(4) of the Small Business Investment Act of 1958, as so redesignated by section 104 of this Act, is amended by inserting before the period at the end the following: ``, including assistance on how to implement energy efficiency and sustainable practices that reduce the use of non- renewable resources or minimize environmental impact and reduce overall costs and increase health of employees''. SEC. 107. STREAMLINED APPLICATION FOR NEW MARKETS VENTURE CAPITAL PROGRAM. Not later than 60 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall prescribe standard documents for the final New Markets Venture Capital company approval application under section 354(e) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(e)). The Administrator shall assure that the standard documents shall be designed to substantially reduce the cost burden of the application process on the companies involved. SEC. 108. ELIMINATION OF MATCHING REQUIREMENT. Section 354(d)(2)(A)(i) of the Small Business Investment Act of 1958 (15 U.S.C. 689c(d)(2)(A)(i)) is amended-- (1) in subclause (I) by adding ``and'' at the end; (2) in subclause (II) by striking ``and'' at the end; and (3) by striking subclause (III). SEC. 109. SIMPLIFIED FORMULA FOR OPERATIONAL ASSISTANCE GRANTS. Section 358(a)(4)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 689g(a)(4)(A)) is amended-- (1) by striking ``shall be equal to'' and all that follows through the period at the end and by inserting ``shall be equal to the lesser of--''; and (2) by adding at the end the following: ``(i) 10 percent of the resources (in cash or in kind) raised by the company under section 354(d)(2); or ``(ii) $1,000,000.''. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. Section 368(a) of the Small Business Investment Act of 1958 (15 U.S.C. 689q(a)) is amended by striking ``fiscal years 2001 through 2006'' and inserting ``fiscal years 2010 through 2012''. TITLE II--ANGEL INVESTMENT PROGRAM SEC. 201. ESTABLISHMENT OF ANGEL INVESTMENT PROGRAM. Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following: ``PART D--ANGEL INVESTMENT PROGRAM ``SEC. 399A. OFFICE OF ANGEL INVESTMENT. ``(a) Establishment.--There is established, in the Small Business Investment Division of the Small Business Administration, the Office of Angel Investment. ``(b) Director.--The head of the Office of Angel Investment is the Director of Angel Investment. ``(c) Duties.--Subject to the direction of the Administrator, the Director shall perform the following functions: ``(1) Provide support for the development of angel investment opportunities for small business concerns. ``(2) Administer the Angel Investment Program under section 399C. ``(3) Administer the Federal Angel Network under section 399D. ``(4) Administer the grant program for the development of angel groups under section 399E. ``(5) Perform such other duties consistent with this section as the Administrator shall prescribe. ``SEC. 399B. DEFINITIONS. ``In this part: ``(1) The term `angel group' means a group including 10 or more angel investors organized for the purpose of making investments in local or regional small business concerns that-- ``(A) consists primarily of angel investors; ``(B) requires angel investors to be accredited investors; and ``(C) actively involves the angel investors in evaluating and making decisions about making investments. ``(2) The term `angel investor' means an individual who-- ``(A) qualifies as an accredited investor (as that term is defined under section 230.501 of title 17, Code of Federal Regulations); and ``(B) provides capital to or makes investments in a small business concern. ``(3) The term `small business concern owned and controlled by veterans' has the meaning given that term under section 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)). ``(4) The term `small business concern owned and controlled by women' has the meaning given that term under section 8(d)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D)). ``(5) The term `socially and economically disadvantaged small business concern' has the meaning given that term under section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 637(a)(4)(A)). ``SEC. 399C. ANGEL INVESTMENT PROGRAM. ``(a) In General.--The Director of Angel Investment shall establish and carry out a program, to be known as the Angel Investment Program, to provide financing to approved angel groups for the purpose of providing venture capital investment in small business concerns in the communities of such groups. ``(b) Eligibility.--To be eligible to receive financing under this section, an angel group shall-- ``(1) have demonstrated experience making investments in local or regional small business concerns; ``(2) have established protocols and a due diligence process for determining its investment strategy; ``(3) have an established code of ethics; and ``(4) submit an application to the Director at such time and containing such information and assurances as the Director may require. ``(c) Use of Funds.--An angel group that receives financing under this section shall use the amounts received to make investments in small business concerns-- ``(1) that have been in existence for less than 5 years as of the date on which the investment is made; ``(2) that have fewer than 75 employees as of the date on which the investment is made; ``(3) more than 50 percent of the employees of which perform substantially all of their services in the United States as of the date on which the investment is made; and ``(4) within the geographic area determined by the Director under subsection (e). ``(d) Limitation on Amount.--No angel group receiving financing under this section shall receive more than $2,000,000. ``(e) Limitation on Geographic Area.--For each angel group receiving financing under this section, the Director shall determine the geographic area in which a small business concern must be located to receive an investment from that angel group. ``(f) Priority in Providing Financing.--In providing financing under this section, the Director shall give priority to angel groups that invest in small business concerns owned and controlled by veterans, small business concerns owned and controlled by women, and socially and economically disadvantaged small business concerns. ``(g) Nationwide Distribution of Financing.--In providing financing under this section, the Director shall, to the extent practicable, provide financing to angel groups that are located in a variety of geographic areas. ``(h) Matching Requirement.--As a condition of receiving financing under this section, the Director shall require that for each small business concern in which the angel group receiving such financing invests, the angel group shall invest an amount from a source other than the Federal Government that is equal to or greater than the amount of the financing provided under this section that the angel group invests in that small business concern. ``(i) Repayment of Financing.--As a condition of receiving financing under this section, the Director shall require an angel group to repay the Director for any investment on which the angel group makes a profit an amount equal to the percentage of the returns that is equal to the percentage of the total amount invested by the angel group that consisted of financing received under this section. ``(j) Angel Investment Fund.-- ``(1) Establishment.--There is established in the Treasury a fund to be known as the Angel Investment Fund. ``(2) Deposit of certain amounts.--Amounts collected under subsection (i) shall be deposited in such fund. ``(3) Use of deposits.--Deposits in such fund shall be available for the purpose of providing financing under this section in the amounts specified in annual appropriations Acts without regard to fiscal year limitations. ``(k) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section-- ``(1) $10,000,000 for fiscal year 2010; ``(2) $20,000,000 for fiscal year 2011; and ``(3) $20,000,000 for fiscal year 2012. ``SEC. 399D. FEDERAL ANGEL NETWORK. ``(a) In General.--Subject to the succeeding provisions of this section, the Director of Angel Investment shall establish and maintain a searchable database, to be known as the Federal Angel Network, to assist small business concerns in identifying angel investors. ``(b) Network Contents.--The Federal Angel Network shall include-- ``(1) a list of the names and addresses of angel groups and angel investors; ``(2) information about the types of investments each angel group or angel investor has made; and ``(3) information about other public and private resources and registries that provide information about angel groups or angel investors. ``(c) Collection of Information.-- ``(1) In general.--The Director shall collect the information to be contained in the Federal Angel Network and shall ensure that such information is updated regularly. ``(2) Request for exclusion of information.--The Director shall not include information concerning an angel investor if that investor contacts the Director to request that such information be excluded from the Network. ``(d) Availability.--The Director shall make the Federal Angel Network available on the Internet website of the Administration and shall do so in a manner that permits others to download, distribute, and use the information contained in the Federal Angel Network. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,000,000, to remain available until expended. ``SEC. 399E. GRANT PROGRAM FOR DEVELOPMENT OF ANGEL GROUPS. ``(a) In General.--The Director of Angel Investment shall establish and carry out a grant program to make grants to eligible entities for the development of new or existing angel groups and to increase awareness and education about angel investing. ``(b) Eligible Entities.--In this section, the term `eligible entity' means-- ``(1) a State or unit of local government; ``(2) a nonprofit organization; ``(3) a State mutual benefit corporation; ``(4) a Small Business Development Center established pursuant to section 21 of the Small Business Act (15 U.S.C. 648); or ``(5) a women's business center established pursuant to section 29 of the Small Business Act (15 U.S.C. 656). ``(c) Matching Requirement.--The Administrator shall require, as a condition of any grant made under this section, that the eligible entity receiving the grant provide from resources (in cash or in kind), other than those provided by the Administrator or any other Federal source, a matching contribution equal to 50 percent of the amount of the grant. ``(d) Application.--To receive a grant under this section, an eligible entity shall submit an application that contains-- ``(1) a proposal describing how the grant would be used; and ``(2) any other information or assurances as the Director may require. ``(e) Report.--Not later than 3 years after the date on which an eligible entity receives a grant under this section, such eligible entity shall submit a report to the Administrator describing the use of grant funds and evaluating the success of the angel group developed using the grant funds. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $1,500,000, for each of fiscal years 2010 through 2012.''.

American Small Business Innovation Act - Amends the Small Business Investment Act of 1958 to require (under current law, authorizes) the Administrator of the Small Business Administration (SBA) to participate in the new markets venture capital program (a program under which investment companies provide capital financing to small businesses). Requires a report from the Administrator to Congress evaluating the success of the new markets venture capital program (program). Requires the Administrator, in selecting companies for program participation, to approve at least one company from each SBA geographic region. Requires each conditionally approved company engaged primarily in development of and investment in small manufacturers to raise at least $3 million in capital for such purposes from private investors. Directs the SBA's Chief Counsel for Advocacy to study the availability of equity capital in low-income urban and rural areas. Authorizes the Administrator to make grants to conditionally-approved companies for participation in the program. Revises the program's operational assistance grant formula. Reauthorizes appropriations to fund debenture guarantees and for operational assistance grants. Establishes the Office of Angel Investment, headed by a Director, to provide support for the development of angel investment opportunities for small businesses. Requires the Director to establish and carry out a program to provide financing to approved angel groups. Establishes an Angel Investment Fund. Requires the Director to establish and maintain a searchable database to assist small businesses in identifying angel investors. Requires the Director to establish and carry out a program to make grants for the development of new or existing angel groups and to increase awareness and education about angel investing.

To amend the Small Business Investment Act of 1958 to improve the New Markets Venture Capital Program and to establish an Angel Investment Program, and for other purposes.

SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Energy Fairness for America Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; etc. Sec. 2. Termination of deduction for intangible drilling and development costs. Sec. 3. Termination of percentage depletion allowance for oil and gas wells. Sec. 4. Termination of enhanced oil recovery credit. Sec. 5. Termination of certain provisions of the Energy Policy Act of 2005. Sec. 6. Termination of certain tax provisions of the Energy Policy Act of 2005. Sec. 7. Revaluation of LIFO inventories of large integrated oil companies. Sec. 8. Modifications of foreign tax credit rules applicable to dual capacity taxpayers. Sec. 9. Rules relating to foreign oil and gas income. Sec. 10. Elimination of deferral for foreign oil and gas extraction income. SEC. 2. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND DEVELOPMENT COSTS. (a) In General.--Section 263(c) is amended by adding at the end the following new sentence: ``This subsection shall not apply to any taxable year beginning after the date of the enactment of this sentence.''. (b) Conforming Amendments.--Paragraphs (2) and (3) of section 291(b) are each amended by striking ``section 263(c), 616(a),'' and inserting ``section 616(a)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. TERMINATION OF PERCENTAGE DEPLETION ALLOWANCE FOR OIL AND GAS WELLS. (a) In General.--Section 613A is amended by adding at the end the following new subsection: ``(f) Termination.--For purposes of any taxable year beginning after the date of the enactment of this subsection, the allowance for percentage depletion shall be zero.''. (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. 4. TERMINATION OF ENHANCED OIL RECOVERY CREDIT. (a) In General.--Section 43 is amended by adding at the end the following new subsection: ``(f) Termination.--This section shall not apply to any taxable year beginning after the date of the enactment of this subsection.''. (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. 5. TERMINATION OF CERTAIN PROVISIONS OF THE ENERGY POLICY ACT OF 2005. (a) In General.--The following provisions of the Energy Policy Act of 2005 are repealed on and after the date of the enactment of this Act: (1) Section 342 (relating to program on oil and gas royalties in-kind). (2) Section 343 (relating to marginal property production incentives). (3) Section 344 (relating to incentives for natural gas production from deep wells in the shallow waters of the Gulf of Mexico). (4) Section 345 (relating to royalty relief for deep water production). (5) Section 357 (relating to comprehensive inventory of OCS oil and natural gas resources). (6) Subtitle J of title IX (relating to ultra-deepwater and unconventional natural gas and other petroleum resources). (b) Termination of Alaska Offshore Royalty Suspension.-- (1) In general.--Section 8(a)(3)(B) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(B)) is amended by striking ``and in the Planning Areas offshore Alaska''. (2) Effective date.--The amendment made by this subsection shall take effect on and after the date of the enactment of this Act. SEC. 6. TERMINATION OF CERTAIN TAX PROVISIONS OF THE ENERGY POLICY ACT OF 2005. (a) Electric Transmission Property Treated as 15-Year Property.-- Section 168(e)(3)(E)(vii) is amended by inserting ``, and before the date of the enactment of the Energy Fairness for America Act'' after ``April 11, 2005''. (b) Temporary Expensing of Equipment Used in Refining Liquid Fuels.--Section 179C(c)(1) is amended-- (1) by striking ``January 1, 2012'' and inserting ``the date of the enactment of the Energy Fairness for America Act'', and (2) by striking ``January 1, 2008'' and inserting ``the date of the enactment of the Energy Fairness for America Act''. (c) Natural Gas Distribution Lines Treated as 15-Year Property.-- Section 168(e)(3)(E)(viii) is amended by striking ``January 1, 2011'' and inserting ``the date of the enactment of the Energy Fairness for America Act''. (d) Natural Gas Gathering Lines Treated as 7-Year Property.-- Section 168(e)(3)(C)(iv) is amended by inserting ``, and before the date of the enactment of the Energy Fairness for America Act'' after ``April 11, 2005''. (e) Determination of Small Refiner Exception to Oil Depletion Deduction.--Section 1328(b) of the Energy Policy Act of 2005 is amended by inserting ``and beginning before the date of the enactment of the Energy Fairness for America Act'' after ``this Act''. (f) Amortization of Geological and Geophysical Expenditures.-- Section 167(h) is amended by adding at the end the following new paragraph: ``(5) Termination.--This subsection shall not apply to any taxable year beginning after the date of the enactment of the Energy Fairness for America Act.''. (g) Effective Date.--The amendments made by this section shall take effect on and after the date of the enactment of this Act. SEC. 7. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL COMPANIES. (a) General Rule.--Notwithstanding any other provision of law, if a taxpayer is an applicable integrated oil company for its last taxable year ending in calendar year 2005, the taxpayer shall-- (1) increase, effective as of the close of such taxable year, the value of each historic LIFO layer of inventories of crude oil, natural gas, or any other petroleum product (within the meaning of section 4611) by the layer adjustment amount, and (2) decrease its cost of goods sold for such taxable year by the aggregate amount of the increases under paragraph (1). If the aggregate amount of the increases under paragraph (1) exceed the taxpayer's cost of goods sold for such taxable year, the taxpayer's gross income for such taxable year shall be increased by the amount of such excess. (b) Layer Adjustment Amount.--For purposes of this section-- (1) In general.--The term ``layer adjustment amount'' means, with respect to any historic LIFO layer, the product of-- (A) $18.75, and (B) the number of barrels of crude oil (or in the case of natural gas or other petroleum products, the number of barrel-of-oil equivalents) represented by the layer. (2) Barrel-of-oil equivalent.--The term ``barrel-of-oil equivalent'' has the meaning given such term by section 29(d)(5) (as in effect before its redesignation by the Energy Tax Incentives Act of 2005). (c) Application of Requirement.-- (1) No change in method of accounting.--Any adjustment required by this section shall not be treated as a change in method of accounting. (2) Underpayments of estimated tax.--No addition to the tax shall be made under section 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation to pay estimated tax) with respect to any underpayment of an installment required to be paid with respect to the taxable year described in subsection (a) to the extent such underpayment was created or increased by this section. (d) Applicable Integrated Oil Company.--For purposes of this section, the term ``applicable integrated oil company'' means an integrated oil company (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which has an average daily worldwide production of crude oil of at least 500,000 barrels for the taxable year and which had gross receipts in excess of $1,000,000,000 for its last taxable year ending during calendar year 2005. For purposes of this subsection all persons treated as a single employer under subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person and, in the case of a short taxable year, the rule under section 448(c)(3)(B) shall apply. SEC. 8. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO DUAL CAPACITY TAXPAYERS. (a) In General.--Section 901 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Special Rules Relating To Dual Capacity Taxpayers.-- ``(1) General rule.--Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer to a foreign country or possession of the United States for any period shall not be considered a tax-- ``(A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or ``(B) to the extent such amount exceeds the amount (determined in accordance with regulations) which-- ``(i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or ``(ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). ``(2) Dual capacity taxpayer.--For purposes of this subsection, the term `dual capacity taxpayer' means, with respect to any foreign country or possession of the United States, a person who-- ``(A) is subject to a levy of such country or possession, and ``(B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. ``(3) Generally applicable income tax.--For purposes of this subsection-- ``(A) In general.--The term `generally applicable income tax' means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. ``(B) Exceptions.--Such term shall not include a tax unless it has substantial application, by its terms and in practice, to-- ``(i) persons who are not dual capacity taxpayers, and ``(ii) persons who are citizens or residents of the foreign country or possession.'' (b) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) Contrary treaty obligations upheld.--The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. SEC. 9. RULES RELATING TO FOREIGN OIL AND GAS INCOME. (a) Separate Basket for Foreign Tax Credit.-- (1) Years before 2007.--Paragraph (1) of section 904(d) (relating to separate application of section with respect to certain categories of income), as in effect for years beginning before 2007, is amended by striking ``and'' at the end of subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following new subparagraph: ``(I) foreign oil and gas income, and''. (2) 2007 and after.--Paragraph (1) of section 904(d), as in effect for years beginning after 2006, is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following: ``(C) foreign oil and gas income.'' (b) Definition.-- (1) Years before 2007.--Paragraph (2) of section 904(d), as in effect for years beginning before 2007, is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: ``(H) Foreign oil and gas income.--The term `foreign oil and gas income' has the meaning given such term by section 954(g).'' (2) 2007 and after.--Section 904(d)(2), as in effect for years after 2006, is amended by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L) and by inserting after subparagraph (I) the following: ``(J) Foreign oil and gas income.--For purposes of this section-- ``(i) In general.--The term `foreign oil and gas income' has the meaning given such term by section 954(g). ``(ii) Coordination.--Passive category income and general category income shall not include foreign oil and gas income (as so defined).'' (c) Conforming Amendments.-- (1) Section 904(d)(3)(F)(i) is amended by striking ``or (E)'' and inserting ``(E), or (I)''. (2) Section 907(a) is hereby repealed. (3) Section 907(c)(4) is hereby repealed. (4) Section 907(f) is hereby repealed. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Years after 2006.--The amendments made by paragraphs (1)(B) and (2)(B) shall apply to taxable years beginning after December 31, 2006. (3) Transitional rules.-- (A) Separate basket treatment.--Any taxes paid or accrued in a taxable year beginning on or before the date of the enactment of this Act, with respect to income which was described in subparagraph (I) of section 904(d)(1) of such Code (as in effect on the day before the date of the enactment of this Act), shall be treated as taxes paid or accrued with respect to foreign oil and gas income to the extent the taxpayer establishes to the satisfaction of the Secretary of the Treasury that such taxes were paid or accrued with respect to foreign oil and gas income. (B) Carryovers.--Any unused oil and gas extraction taxes which under section 907(f) of such Code (as so in effect) would have been allowable as a carryover to the taxpayer's first taxable year beginning after the date of the enactment of this Act (without regard to the limitation of paragraph (2) of such section 907(f) for first taxable year) shall be allowed as carryovers under section 904(c) of such Code in the same manner as if such taxes were unused taxes under such section 904(c) with respect to foreign oil and gas extraction income. (C) Losses.--The amendment made by subsection (c)(3) shall not apply to foreign oil and gas extraction losses arising in taxable years beginning on or before the date of the enactment of this Act. SEC. 10. ELIMINATION OF DEFERRAL FOR FOREIGN OIL AND GAS EXTRACTION INCOME. (a) General Rule.--Paragraph (1) of section 954(g) (defining foreign base company oil related income) is amended to read as follows: ``(1) In general.--Except as otherwise provided in this subsection, the term `foreign oil and gas income' means any income of a kind which would be taken into account in determining the amount of-- ``(A) foreign oil and gas extraction income (as defined in section 907(c)), or ``(B) foreign oil related income (as defined in section 907(c)).'' (b) Conforming Amendments.-- (1) Subsections (a)(5), (b)(5), and (b)(6) of section 954, and section 952(c)(1)(B)(ii)(I), are each amended by striking ``base company oil related income'' each place it appears (including in the heading of subsection (b)(8)) and inserting ``oil and gas income''. (2) Subsection (b)(4) of section 954 is amended by striking ``base company oil-related income'' and inserting ``oil and gas income''. (3) The subsection heading for subsection (g) of section 954 is amended by striking ``Foreign Base Company Oil Related Income'' and inserting ``Foreign Oil and Gas Income''. (4) Subparagraph (A) of section 954(g)(2) is amended by striking ``foreign base company oil related income'' and inserting ``foreign oil and gas income''. (c) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders ending with or within such taxable years of foreign corporations.

Energy Fairness for America Act - Amends the Internal Revenue Code to terminate: (1) the tax deduction for oil and gas intangible drilling and development costs; (2) the percentage depletion allowance for oil and gas wells; and (3) the tax credit for enhanced oil recovery costs. Repeals provisions of the Energy Policy Act of 2005 relating to: (1) oil and gas royalties in-kind; (2) marginal property production incentives; (3) incentives for natural gas production in the Gulf of Mexico; (4) royalty suspension for deep water production; (5) the inventory of Outer Continental Shelf oil and natural gas resources; (6) the ultra-deepwater and unconventional natural gas and other petroleum resources program; (7) Alaska offshore royalty suspension; (8) accelerated depreciation of electric transmission property, natural gas distribution lines, and natural gas gathering lines and expensing of liquid fuel refinery property; (9) the exemption of small oil refiners from limitations on the oil depletion allowance; and (10) two-year amortization of geological and geophysical expenditures. Requires certain large integrated oil companies to revalue their LIFO inventories of crude oil, natural gas, or other petroleum productions using a specified formula. Limits or denies the foreign tax credit and tax deferrals for dual capacity taxpayers (taxpayers receiving economic and tax benefits from certain foreign jurisdictions), foreign oil and gas income, and foreign oil and gas extraction income.

A bill to restore fairness in the provision of incentives for oil and gas production, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Grey Towers National Historic Site Act of 2004''. SEC. 2. FINDINGS; PURPOSES; DEFINITIONS. (a) Findings.--Congress finds the following: (1) James and Mary Pinchot constructed a home and estate that is known as Grey Towers in Milford, Pennsylvania. (2) James and Mary Pinchot were also the progenitors of a family of notable accomplishment in the history of the Commonwealth of Pennsylvania and the Nation, in particular, their son, Gifford Pinchot. (3) Gifford Pinchot was the first Chief of the Forest Service, a major influence in formulating and implementing forest conservation policies in the early 20th Century, and twice Governor of Pennsylvania. (4) During the early 20th century, James and Gifford Pinchot used Grey Towers and the environs to establish scientific forestry, to develop conservation leaders, and to formulate conservation principles, thus making this site one of the primary birthplaces of the American conservation movement. (5) In 1963, Gifford Bryce Pinchot, the son of Gifford and Cornelia Pinchot, donated Grey Towers and 102 acres to the Nation. (6) In 1963, President John F. Kennedy dedicated the Pinchot Institute for Conservation ``for the greater knowledge of land and its uses'' at Grey Towers National Historic Landmark, thereby establishing a partnership between the public and private sectors. (7) Grey Towers today is a place of historical significance where leaders in natural resource conservation meet, study, and share ideas, analyses, values, and philosophies, and is also a place where the public can learn and appreciate our conservation heritage. (8) As established by President Kennedy, the Pinchot Institute for Conservation, and the Forest Service at Grey Towers operate through an established partnership in developing and delivering programs that carry on Gifford Pinchot's conservation legacy. (9) Grey Towers and associated structures in and around Milford, Pennsylvania, can serve to enhance regional recreational and educational opportunities. (b) Purposes.--The purposes of this Act are as follows: (1) To honor and perpetuate the memory of Gifford Pinchot. (2) To promote the recreational and educational resources of Milford, Pennsylvania, and its environs. (3) To authorize the Secretary of Agriculture-- (A) to further the scientific, policy analysis, educational, and cultural programs in natural resource conservation at Grey Towers; (B) to manage the property and environs more efficiently and effectively; and (C) to further collaborative ties with the Pinchot Institute for Conservation, and other Federal, State, and local agencies with shared interests. (c) Definitions.--For the purposes of this Act: (1) Associated properties.--The term ``Associated Properties'' means lands and improvements outside of the Grey Towers National Historic Landmark within Pike County, Pennsylvania, and which were associated with James and Mary Pinchot, the Yale School of Forestry, or the Forest Service. (2) Grey towers.--The term ``Grey Towers'' means the buildings and surrounding area of approximately 303 acres, including the 102 acres donated in 1963 to the United States and so designated that year. (3) Historic site.--The term ``Historic Site'' means the Grey Towers National Historic Site, as so designated by this Act. (4) Pinchot institute.--The term ``Pinchot Institute'' means the Pinchot Institute for Conservation, a nonprofit corporation established under the laws of the District of Columbia. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. DESIGNATION OF NATIONAL HISTORIC SITE. Subject to valid existing rights, all lands and improvements formerly encompassed within the Grey Towers National Historic Landmark are designated as the ``Grey Towers National Historic Site''. SEC. 4. ADMINISTRATION. (a) Purposes.--The Historic Site shall be administered for the following purposes: (1) Education, public demonstration projects, and research related to natural resource conservation, protection, management, and use. (2) Leadership development within the natural resource professions and the Federal civil service. (3) Continuing Gifford Pinchot's legacy through pursuit of new ideas, strategies, and solutions to natural resource issues that include economic, ecological, and social values. (4) Preservation, use, and maintenance of the buildings, grounds, facilities, and archives associated with Gifford Pinchot. (5) Study and interpretation of the life and works of Gifford Pinchot. (6) Public recreation and enjoyment. (7) Protection and enjoyment of the scenic and natural environs. (b) Applicable Laws.--The Secretary shall administer federally owned lands and interests in lands at the Historic Site and Associated Properties as components of the National Forest System in accordance with this Act, 16 U.S.C. 461 et seq. and other laws generally applicable to the administration of national historic sites, and the laws, rules, and regulations applicable to the National Forest System, except that the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600, et seq.) shall not apply. (c) Land Acquisition.--The Secretary is authorized to acquire, on a willing seller basis, by purchase, donation, exchange, or otherwise, privately owned lands and interests in lands, including improvements, within the Historic Site and the Associated Properties, using donated or appropriated funds. (d) Gifts.-- (1) Accepted by entities other than the secretary.--Subject to such terms and conditions as the Secretary may prescribe, any public or private agency, organization, institution, or individual may solicit, accept, and administer private gifts of money and real or personal property for the benefit of, or in connection with, the activities and services at the Historic Site. (2) Accepted by the secretary.--Gifts may be accepted by the Secretary for the benefit of, or in connection with, the activities and services at the Historic Site notwithstanding the fact that a donor conducts business with or is regulated by the Department of Agriculture in any capacity. SEC. 5. COOPERATIVE AUTHORITIES. (a) Grants, Contracts, and Cooperative Agreements.--The Secretary is authorized to enter into agreements for grants, contracts, and cooperative agreements as appropriate with the Pinchot Institute, public and other private agencies, organizations, institutions, and individuals to provide for the development, administration, maintenance, or restoration of land, facilities, or Forest Service programs at Grey Towers or to otherwise further the purposes of this Act. (b) Interdepartmental.--The Secretary and the Secretary of the Interior are authorized and encouraged to cooperate in promoting public use and enjoyment of Grey Towers and the Delaware Water Gap National Recreation Area and in otherwise furthering the administration and purposes for which both areas were designated. Such cooperation may include colocation and use of facilities within Associated Properties and elsewhere. (c) Other.--The Secretary may authorize use of the grounds and facilities of Grey Towers by the Pinchot Institute and other participating partners including Federal, State, and local agencies, on such terms and conditions as the Secretary may prescribe, including the waiver of special use authorizations and the waiver of rental and use fees. SEC. 6. FUNDS. (a) Fees and Charges.--The Secretary may impose reasonable fees and charges for admission to and use of facilities on Grey Towers. (b) Special Fund.--Any monies received by the Forest Service in administering Grey Towers shall be deposited into the Treasury of the United States and covered in a special fund called the Grey Towers National Historic Site Fund. Monies in the Grey Towers National Historic Site Fund shall be available until expended, without further appropriation, for support of programs of Grey Towers, and any other expenses incurred in the administration of Grey Towers. SEC. 7. MAP. The Secretary shall produce and keep for public inspection a map of the Historic Site and associated properties within Pike County, Pennsylvania, which were associated with James and Mary Pinchot, the Yale School of Forestry, or the Forest Service. SEC. 8. SAVINGS PROVISION. Nothing in this Act shall be deemed to diminish the authorities of the Secretary under the Cooperative Forestry Assistance Act or any other law pertaining to the National Forest System.

Grey Towers National Historic Site Act of 2004 - Designates all lands and improvements formerly encompassed within Grey Towers National Historic Landmark in Milford, Pennsylvania, as Grey Towers National Historic Site. Directs that the Site be administered for specified purposes, including: (1) education, public demonstration projects, and research related to natural resource conservation, management, and use; (2) leadership development within the natural resource professions and the Federal civil service; (3) study and interpretation of the life and works of Gifford Pinchot who was the first Chief of the Forest Service and a major influence in formulating and implementing forest conservation policies in the early 20th century; and (4) protection and enjoyment of the scenic and natural environs. Requires the Secretary of Agriculture (the Secretary) to administer federally owned lands and interests at the Site and associated lands and improvements outside of the Grey Towers National Historic Landmark within Pike County, Pennsylvania, as components of the National Forest System. Authorizes the Secretary and the Secretary of the Interior to cooperate in promoting public use of Grey Towers and Delaware Water Gap National Recreation Area and in furthering the administration and purposes for which both areas were designated. Allows the Secretary to impose fees and charges for admission to and use of facilities on Grey Towers. Requires any monies received by the Forest Service in administering Grey Towers to be deposited into the Grey Towers National Historic Site Fund for support of programs at Grey Towers and any other expenses.

To designate the Grey Towers National Historic Site in the Commonwealth of Pennsylvania, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Metrification Amendments of 1995''. SEC. 2. FINDINGS. The Congress finds that-- (1) section 3 of the Metric Conversion Act of 1975 (15 U.S.C. 205a)-- (A) sets forth the policy of the United States to convert to the metric system; and (B) provides that each Federal agency use the metric system of measurement in its procurements, grants, and other business-related activities, except to the extent that use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competitors are producing competing products in nonmetric units; (2) as of the date of enactment of this Act, Federal construction contracting officers are requiring some industries to implement a hard-metric conversion, which uses metric dimensions, but also requires retooling and other substantial capitalization costs and other expensive production changes to physically change the size of a product, without regard to whether that method is-- (A) impractical; or (B) likely to cause significant inefficiencies or a loss of markets to United States firms; (3) as of the date of enactment of this Act, contracting officers of many Federal agencies are requiring some industries to use the hard-metric method of conversion, only for the additional purpose of achieving rounded numbers; (4) a small number of domestic industries that manufacture basic construction products would suffer great upheaval by being forced to either-- (A) convert to hard-metric production; or (B) be foreclosed from effectively bidding on federally owned or assisted projects; (5) the huge capitalization costs and manufacturing problems caused by hard-metric conversion could force many small businesses out of the market for contracts with the Federal Government; (6) hard-metric conversion could-- (A) place domestic producers at a competitive disadvantage with respect to foreign producers; (B) dramatically reduce-- (i) the number of companies that may compete for contracts with the Federal Government; and (ii) competition for bids; and (C) force manufacturers to maintain double inventories of similar but incompatible products; (7) as a result of the higher costs of products produced as a result of hard-metric conversion, the Federal Government is often required to pay what is known as a metric premium to procure hard-metric products; (8) the taxpayers of the United States oppose paying a metric premium for hard-metric conversion at a time when budget constraints are causing cutbacks in social services programs with a higher priority; (9) soft-metric conversion is less costly and less intrusive than hard-metric conversion, as the product remains the same size over the course of the conversion, but is expressed in metric dimensions; and (10) in many cases, because the production of a product using a soft-metric conversion uses metric units without a federally mandated change in the size or production of that product, metric conversion may be achieved without causing excessive economic upheaval with respect to domestic industries and small businesses. SEC. 3. DEFINITIONS. Section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 205c) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4); and (3) by adding at the end the following new paragraphs: ``(5) `hard-metric product' means a material or product (or type of product) that is produced as a result of a hard-metric conversion; ``(6) `hard-metric conversion' means a conversion that requires, in addition to the expression of the dimensions of a product under the metric system of measurement, a physical change in the size of that product relative to the size of that product established under existing production practices or capabilities of the appropriate industry; ``(7) `industry' has the meaning provided that term by the Board; ``(8) `soft-metric product' means a material or product (or type of product) that is produced as a result of a soft-metric conversion; ``(9) `soft-metric conversion' means a conversion that is based on the expression of the dimension of a product under the metric system of measurement without changing the physical size of the product relative to the size of that product established under existing production practices or capabilities of the appropriate industry; and ``(10) `small business' has the meaning provided that term by the Board.''. SEC. 4. METRIC CONVERSION. Section 12 of the Metric Conversion Act of 1975 (15 U.S.C. 205j-1) is amended by adding at the end the following new subsections: ``(c) Beginning on the date of enactment of this subsection, no agency of the Federal Government may-- ``(1) develop, implement, or continue the use of construction design or procurement guidelines to carry out the policy set forth in paragraph (2) of section 3 that require the use of a hard-metric conversion or a hard-metric product; or ``(2) establish or apply any bidding requirement or preference with respect to any federally assisted construction contract that mandates the use of a hard-metric product, if-- ``(A) the production of a soft-metric product is technologically feasible; and ``(B) the appropriate representative (as determined by the head of the Federal agency involved pursuant to subsection (d)) of the industry that manufactures the product or type of product that would otherwise be subject to a hard-metric conversion certifies that-- ``(i)(I) that product or type of product is not readily available as a hard-metric product from 50 percent or more of the domestic manufacturers in the United States; or ``(II) a hard-metric product does not constitute 50 percent or more of the total production of that product or type of product by that industry; ``(ii) a hard-metric conversion would require manufacturers that are small businesses that produce that product or type of product to incur capital outlays in an amount greater than $25,000 per manufacturer to invest in new equipment to produce a hard-metric product that would otherwise be required to carry out that federally assisted construction contract; and ``(iii)(I) based on the economic situation and customs of the industry, any potential offsetting trade benefits that could be achieved by that industry by carrying out a hard-metric conversion to produce that product or type of products would be negligible; ``(II) hard-metric conversion would-- ``(aa) substantially reduce competition for federally assisted projects; or ``(bb) increase the per unit cost of that product that taxpayers would pay; or ``(III) hard-metric conversion would create a special hardship with respect to domestic manufacturers that are small businesses by placing those domestic manufacturers at a competitive disadvantage with respect to foreign competitors. ``(d)(1) The head of each agency of the Federal Government shall establish a list of appropriate representatives of an industry that may make a certification under subsection (c)(2)(B)(i). The agency head shall update that list on an annual basis. That list shall include any appropriate professional or trade association that is recognized as representing that industry. ``(2) At the time that a recognized representative of industry submits a certification under subsection (c)(2)(B)(i), that representative shall include a list of manufacturers of the product that is the subject of the certification that have made commitments to providing a soft-metric product in a sufficient quantity and with sufficient selections to ensure, with respect to that product, competitive unit pricing and ready availability.''.

Small Business Metrification Amendments of 1995 - Amends the Metric Conversion Act of 1975 to define specified terms, including "hard metric conversion" and "soft metric conversion". Prohibits Federal agencies from: (1) using construction or procurement guidelines that require the use of a hard-metric conversion or product; and (2) establishing bidding requirements or preferences for federally-assisted construction contracts that mandate the use of hard-metric products if soft-metric production is feasible, and, as certified by an industry representative, hard-metric alternatives are not readily available, would exceed specified capital costs, and would result in negligible trade benefits.

Small Business Metrification Amendments of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Satellite Exports With Security Act of 2000''. SEC. 2. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS. (a) Control of Satellites and Related Items.--Notwithstanding any other provision of law, all satellites and related items that were on the Commerce Control List of dual-use items in the Export Administration Regulations (15 CFR part 730 et seq.) on October 16, 1998, and any other dual-use communications satellites and related items shall be controlled under the Export Administration Act of 1979, as continued in effect under the International Emergency Economic Powers Act. (b) Procedures for Exports to the People's Republic of China.--The export of satellites and related items intended for launch from a launch vehicle in or owned by the People's Republic of China shall be subject to the following: (1) Except in the case of an export under paragraph (3), if the Secretary of Commerce decides to approve any proposed export of satellites and related items intended for launch from a launch vehicle in or owned by the People's Republic of China, the Secretary shall refer the proposed export to the Secretary of Defense, who shall, not later than 20 days after the referral, notify the Secretary of Commerce of the approval or disapproval by the Secretary of Defense of the proposed export. If the Secretary of Commerce and the Secretary of Defense disagree over approving or disapproving the proposed export, either Secretary may refer the matter to the President for resolution. If the Secretary of Defense fails to notify the Secretary of Commerce with respect to the proposed export within that 20-day period, the Secretary of Commerce shall take action on the proposed export without the decision of the Secretary of Defense. (2) If a proposed export is referred to the President under paragraph (1), the President shall, within 20 days after the referral, determine whether to approve or disapprove the proposed export and notify the Secretary of Commerce of the President's determination. The Secretary shall approve or disapprove the proposed export in accordance with the President's determination. (3) In the case of the proposed export of any satellite or related items otherwise subject to paragraph (1) that contain the identical technology to that approved under this subsection in a prior export to the same end user for the same end use, the satellite or related items may be exported if the exporter notifies the Secretary of Commerce of the export at least 15 days before the export, and if the export is not disapproved within that 15-day period. (c) Related Items Defined.--In this section, the term ``related items'' means the satellite fuel, ground support equipment, test equipment, payload adapter or interface hardware, replacement parts, and nonembedded solid propellant orbit transfer engines described in the report submitted to Congress by the Department of State on February 6, 1998, pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)). (d) Conforming Amendments.-- (1)(A) Section 1513(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note) is repealed. (B) Section 1513(c) of that Act is amended by striking ``(1) Subsection (a)'' and all that follows through ``(2)''. (2)(A) Section 1404 of the National Defense Authorization Act for Fiscal Year 2000 (22 U.S.C. 2778 note) is amended in the matter preceding paragraph (1) by striking ``Secretary of State'' and inserting ``Secretary of Commerce''. (B) Section 1410 of that Act, and the item relating to that section in the table of contents of that Act, are repealed. (C) Section 1411(a) of that Act is amended by striking ``Secretary of State and Secretary of Defense, as appropriate,'' and inserting ``Secretary of Defense''. (3)(A) Section 1309 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted by Public Law 106-113; 113 Stat. 1501A- 460) is amended-- (i) by amending the section heading to read as follows: ``SEC. 1309. OFFICE OF DEFENSE TRADE CONTROLS.''; (ii) by striking subsections (a) and (c); and (iii) in subsection (b), by striking ``(b) Financial and Personnel Resources.--''. (B) The table of contents of that Act is amended by striking the item relating to section 1309 and inserting the following: ``Sec. 1309. Office of Defense Trade Controls.''. SEC. 3. MONITORING OF LAUNCHES. Section 1514(a)(2) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note) is amended-- (1) in the first sentence of subparagraph (A)-- (A) by striking ``a foreign country'' and inserting ``the People's Republic, and in the event of the failure of a launch from a foreign country''; and (B) by inserting ``or failure (as the case may be)'' after ``all aspects of the launch''; and (2) in subparagraph (B), in the matter preceding clause (i), by inserting ``of a launch'' after ``monitoring''. SEC. 4. EFFECTIVE DATE. (a) In General.--This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act, and shall apply to any export license application made under the Arms Export Control Act before such date of enactment which is pending on such date, and to any export license application made on or after such date. (b) Transfer of Pending Applications.--Any export license application made under the Arms Export Control Act before the date of the enactment of this Act, to which section 1(a) applies and which is pending on such date of enactment, shall be transferred to the Department of Commerce upon the enactment of this Act.

Prescribes a procedure for approval or disapproval by the Secretary of Defense, the Secretary of Commerce, and the President of any export of satellites and related items intended for launch from a launch vehicle in or owned by the People's Republic of China.

Satellite Exports With Security Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Caregiver Act of 1993''. SEC. 2. INCREASE IN NUMBER OF YEARS DISREGARDED. (a) In General.--Section 215(b)(2) of the Social Security Act (42 U.S.C. 415(b)(2)) is amended-- (1) by striking the period at the end of clause (ii) of subparagraph (A) and inserting a comma; (2) by striking ``Clause (ii), once'' after and below clause (ii) of subparagraph (A) and inserting the following: ``and reduced further to the extent provided in subparagraph (B). Clause (ii), once''; (3) by striking ``If an individual'' in the matter following clause (ii) of subparagraph (A) and all that follows through the end of subparagraph (A); (4) by redesignating subparagraph (B) as subparagraph (F); and (5) by inserting after subparagraph (A) the following new subparagraphs: ``(B) Subject to subparagraph (C), in any case in which-- ``(i) in any calendar year which is included in an individual's computation base years-- ``(I) such individual is living with a child (of such individual or his or her spouse) under the age of 12, or ``(II) such individual is living with a child (of such individual or his or her spouse), a parent (of such individual or his or her spouse), or such individual's spouse while such child, parent, or spouse is a chronically dependent individual, ``(ii) such calendar year is not disregarded pursuant to subparagraphs (A) and (E) (in determining such individual's benefit computation years) by reason of the reduction in the number of such individual's elapsed years under subparagraph (A), and ``(iii) at any time during or after such calendar year and on or before the date of the application by such individual for benefits based on such individual's wages and self-employment income, such individual submits to the Secretary, in such form as the Secretary shall prescribe by regulations, a written statement that the requirements of clause (i) are met with respect to such calendar year, then the number by which such elapsed years are reduced under this paragraph pursuant to subparagraph (A) shall be increased by one (up to a combined total not exceeding 5) for each such calendar year. ``(C)(i)(I) No calendar year shall be disregarded by reason of subparagraph (B) (in determining such individual's benefit computation years) unless the individual had less than the applicable dollar amount (in effect for such calendar year under this clause) of earnings as described in section 203(f)(5) for such year. ``(II) Except as otherwise provided in subclause (III), the applicable dollar amount in effect under this clause for any calendar year is $2,000. ``(III) In each calendar year after 1993, the Secretary shall determine and publish in the Federal Register, on or before November 1 of such calendar year, the applicable dollar amount which shall be effective under this clause for the next calendar year. Such dollar amount shall be equal to the larger of the applicable dollar amount which is effective under this clause for the calendar year in which such determination is made or, subject to subclause (VII), the product described in subclause (IV). ``(IV) The product described in this subclause is the product derived by multiplying the applicable dollar amount which is effective under this clause for the calendar year in which the determination under subclause (III) is made, by the ratio of the amount described in subclause (V) to the amount described in subclause (VI). ``(V) The amount described in this subclause is the deemed average total wages (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subclause (III) is made. ``(VI) The amount described in this subclause is the deemed average total wages (as defined in section 209(k)(1)) for 1992 or, if later, the calendar year before the most recent calendar year in which a determination resulting in an increase in the applicable dollar amount was made under subclause (III). ``(VII) If the product described in subclause (IV) is not a multiple of $1.00, such product shall be rounded to the next higher multiple of $1.00 in any case in which such product is a multiple of $0.50 but not of $1.00, and to the nearest multiple of $1.00 in any other case. ``(ii) No calendar year shall be disregarded by reason of subparagraph (B) (in determining such individual's benefit computation years) in connection with a child referred to in subparagraph (B)(i)(I) (and not referred to in subparagraph (B)(i)(II)) unless the individual was living with the child substantially throughout the period in such year in which the child was alive and under the age of 12 in such year. ``(iii) No calendar year shall be disregarded by reason of subparagraph (B) (in determining such individual's benefit computation years) in connection with a child, parent, or spouse referred to in subparagraph (B)(i)(II) unless the individual was living with such child, parent, or spouse substantially throughout a period of 180 consecutive days in such year throughout which such child, parent, or spouse was a chronically dependent individual. ``(iv) The particular calendar years to be disregarded under this subparagraph (in determining such benefit computation years) shall be those years (not otherwise disregarded under subparagraph (A)) which, before the application of subsection (f), meet the conditions of the preceding provisions of this subparagraph. ``(v) This subparagraph shall apply only to the extent that its application would not result in a lower primary insurance amount. ``(D)(i) For purposes of this paragraph, the term `chronically dependent individual' means an individual who-- ``(I) is dependent on a daily basis on another person who is living with the individual and is assisting the individual without monetary compensation in the performance of at least 2 of the activities of daily living (described in clause (ii)), and ``(II) without such assistance could not perform such activities of daily living. ``(ii) The `activities of daily living', referred to in clause (i), are the following: ``(I) Eating. ``(II) Bathing. ``(III) Dressing. ``(IV) Toileting. ``(V) Transferring in and out of a bed or in and out of a chair. ``(E) The number of an individual's benefit computation years as determined under this paragraph shall in no case be less than 2.''. SEC. 3. EFFECTIVE DATE AND RELATED PROVISIONS. (a) In General.--The amendments made by this Act shall apply only with respect to computation base years after 1982, and only with respect to benefits payable for months after December 1993. (b) Notice and Procedures.-- (1) 60-day grace period after initial issuance of final regulations for current beneficiaries and applicants.--The requirements of clause (iii) of section 215(b)(2)(B) of the Social Security Act (as amended by this Act) shall be treated as satisfied, in the case of a statement-- (A) which is filed by an individual who is, as of the date of the first issuance in final form of the regulations required under such clause, a recipient of monthly benefits under section 202(a) or 223 of the Social Security Act, or an applicant for such benefits, and (B) with respect to which the requirements of such clause would be met but for the date of the filing of such statement, if such statement is submitted to the Secretary of Health and Human Services not later than 60 days after the date of the first issuance in final form of such regulations. (2) Notice requirements.-- (A) Notice to current beneficiaries and applicants.--The Secretary of Health and Human Services shall issue, not later than the date of the first issuance in final form of the regulations required under clause (iii) of section 215(b)(2)(B) of the Social Security Act (as amended by this Act), regulations establishing procedures to ensure that-- (i) persons who are, as of such date, recipients of monthly benefits under section 202(a) or 223 of the Social Security Act, or applicants for such benefits, are fully informed of the amendments made by this Act; and (ii) such persons are invited to comply, and given a reasonable opportunity to comply, with the requirements of section 215(b)(2)(B)(iii) of the Social Security Act (as amended by this Act), as provided in paragraph (1). Upon receiving from a recipient described in clauses (i) and (ii) a written statement referred to in clause (iii) of section 215(b)(2)(B) of the Social Security Act (as amended by this Act) with respect to which the requirements of such clause are treated as satisfied, the Secretary shall redetermine the amount of such benefits to the extent necessary to take into account the amendments made by this Act (and if such redetermination results in an increase in such amount the increase shall be effective as provided in subsection (a)). (B) Notice to future applicants.--Such regulations required under subparagraph (A) shall also provide procedures to ensure that applicants for benefits under section 202(a) or 223 of the Social Security Act are given the opportunity, at the time of their application, to indicate and verify any additional years which may be disregarded under section 215(b)(2)(B) of the Social Security Act (as amended by this Act).

Social Security Caregiver Act of 1993 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide for an increase of up to five in the number of years of either zero or low earnings disregarded in determining average annual earnings on which benefits are based provided such years were used to provide care to a child under the age of 12 or to a chronically dependent spouse or relative.

Social Security Caregiver Act of 1993

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Military Spouse Employment Assistance Act of 2001''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Military spouse employment financial assistance program. Sec. 3. Department of Defense employment and training opportunities. Sec. 4. Encouragement of Federal partnerships in support of military spouse employment. Sec. 5. Encouragement of private-sector employment of military spouses. Sec. 6. Employment of military spouses by defense contractors. Sec. 7. Effective date. SEC. 2. MILITARY SPOUSE EMPLOYMENT FINANCIAL ASSISTANCE PROGRAM. (a) Authority To Provide Specified Forms of Financial Assistance to Military Spouses.--(1) Chapter 88 of title 10, United States Code, is amended by inserting after section 1784 the following new section: ``Sec. 1784a. Spouse employment financial assistance program ``(a) Establishment of Program.--The Secretary of Defense may conduct a program to provide financial assistance to military spouses to assist them in gaining employment. As part of such a program, the Secretary may carry out a program of tuition assistance for military spouses pursuing a program of employment-related education or training. ``(b) Military Spouse Defined.--In this section, the term `military spouse' means the spouse of a member of the armed forces on active duty. ``(c) Program Goals.--The Secretary shall prescribe specific goals for the program under this section. Those goals shall include goals for improvements in retention for married members of the armed forces on active duty attributable to improvements in family income of those members and resulting improvements in the quality of life of those members and their families. ``(d) Types of Financial Assistance.--Under the program, the Secretary may provide financial assistance for military spouses for one or more of the following purposes, as specified in regulations prescribed under this section: ``(1) Career-related education, in accordance with subsection (e). ``(2) Certification and license fees for employment-related purposes. ``(3) Apprenticeships and internships. ``(4) Technical training. ``(5) Training to improve job skills. ``(6) Career counseling. ``(7) Skills assessment. ``(8) Job-search skills. ``(9) Job-related transportation. ``(10) Child care. ``(11) Any additional employment-related purpose specified in the regulations prescribed under subsection (g). ``(e) Tuition Assistance.--Financial assistance under subsection (d)(1) for career-related education shall be provided through a tuition assistance program offering benefits similar to those provided under the tuition assistance program for members of the armed forces under section 2007 of this title that will improve education and employment opportunities for military spouses. ``(f) Coordination With Other Programs.--The Secretary shall ensure that the provisions of this section are carried out in coordination with other programs of the Department of Defense (including the relocation assistance program under section 1056 of this title) under which employment-related assistance may be provided to spouses of members of the armed forces. ``(g) Regulations.--The Secretary of Defense shall prescribe regulations for the purposes of the program under this section. In those regulations, the Secretary shall specify the following: ``(1) Eligibility for financial assistance under the program , including eligibility for tuition assistance under subsection (e). ``(2) The types of assistance that may be provided. ``(3) The maximum amount of such assistance that may be provided for each of the types of assistance specified under subsection (d). ``(h) Initial Implementation on Pilot Basis.--(1) During the first three fiscal years during which the program under this section is carried out, the program shall be conducted on a pilot basis in a limited number of geographic areas, including bases overseas, for the purpose of evaluating different program options and program effectiveness. ``(2) The Secretary shall conduct an evaluation of the program at the mid-term point of the pilot program period under paragraph (1) and at the conclusion of the pilot program period. Each such evaluation shall assess the success of the program, including the success of the program in meeting the goals specified for the program. The Secretary shall submit a report on each such evaluation to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1784 the following new item: ``1784a. Spouse employment financial assistance program.''. (b) Authorization of Appropriations.--There is authorized to be appropriated for the military spouse employment assistance program under section 1784a of title 10, United States Code, as added by subsection (a), a total of $12,000,000 for the first three fiscal years during which the program is in operation. (c) Initial Locations.--The Secretary shall specify the specific locations, including bases overseas, at which the military spouse employment assistance program under section 1784a of title 10, United States Code, as added by subsection (a), is to be conducted for the period under subsection (h) of that section during which the program is to be conducted on a pilot basis. SEC. 3. DEPARTMENT OF DEFENSE EMPLOYMENT AND TRAINING OPPORTUNITIES. (a) Review of Department of Defense Policies.--The Secretary of Defense shall review Department of Defense policies that affect employment opportunities for military spouses in the Department of Defense in order to maximize those opportunities. The review shall include the consideration of providing, to the extent authorized by law, separate spouse preferences for employment by appropriated and nonappropriated fund operations. (b) Space-Available Use of Department of Defense Facilities for Training Purposes.--Section 1784 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Space-Available Use of Facilities for Training Purposes.--The Secretary of Defense shall take such steps as appropriate to maximize opportunities for spouses of members of the armed forces to be provided employment-related training in Department of Defense facilities on a space-available basis during normal duty hours and during other periods when those facilities are not being fully utilized.''. SEC. 4. ENCOURAGEMENT OF FEDERAL PARTNERSHIPS IN SUPPORT OF MILITARY SPOUSE EMPLOYMENT. Section 1784 of title 10, United States Code, as amended by section 3(b), is further amended by adding at the end the following new subsection: ``(e) Employment by Other Federal Agencies.--The Secretary of Defense shall work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to facilitate the appropriate use of existing Federal programs and resources in support of military spouse employment.''. SEC. 5. ENCOURAGEMENT OF PRIVATE-SECTOR EMPLOYMENT OF MILITARY SPOUSES. Section 1784 of title 10, United States Code, as amended by section 4, is further amended by adding at the end the following new subsection: ``(f) Private-Sector Employment.--The Secretary of Defense-- ``(1) shall seek to develop partnerships with firms in the private sector to enhance employment opportunities for spouses of members of the armed forces and to provide for improved job portability for such spouses, especially in the case of the spouse of a member of the armed forces accompanying the member to a new geographical area because of a change of permanent duty station of the member; and ``(2) shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate the formation of such partnerships.''. SEC. 6. EMPLOYMENT OF MILITARY SPOUSES BY DEFENSE CONTRACTORS. Section 1784 of title 10, United States Code, as amended by section 5, is further amended adding at the end the following new subsection: ``(g) Employment With Defense Contractors.--The Secretary of Defense shall prescribe regulation to ensure, to the extent practicable, that private-sector entities, in hiring for work to be performed on a contract with the Department of Defense, provide preference to qualified spouses of members of the armed forces and other employment opportunities for such spouses in the same manner as is provided for positions in the Department of Defense under subsection (b).''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2001.

Military Spouse Employment Assistance Act of 2001 - Authorizes the Secretary of Defense to conduct a program to provide financial assistance, including tuition, to military spouses to assist them in gaining employment. Requires such program to be conducted on a pilot basis during its first three years in order to evaluate program options and effectiveness.Directs the Secretary to: (1) review and maximize Department of Defense (DOD) policies affecting employment opportunities for military spouses; (2) maximize the opportunity for military spouses to be employed in DOD facilities; (3) work with the Director of the Office of Personnel Management and the heads of other Federal departments and agencies to facilitate the use of existing Federal programs and resources to support such employment; (4) seek to develop private-sector partnerships to enhance such opportunities; and (5) prescribe regulations to ensure that private sector entities, in hiring for work to be performed under a DOD contract, provide a preference to qualified military spouses and provide other employment opportunities for such spouses in the same manner as provided for DOD positions.

To amend title 10, United States Code, to establish a program of employment assistance, including employment-related tuition assistance, for military spouses.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Savings Promotion Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the annual savings rate in the United States was 4.1 percent in 2012; (2) more than 40 percent of American households lack the savings to cover basic expenses for 3 months, if an unexpected event leads to a loss of stable income; (3) personal savings provide Americans with the financial resources to meet future needs, including higher education and homeownership, while also providing a safety net to weather unexpected financial shocks; (4) prize-linked savings products are typical savings products offered by financial institutions, like savings accounts, certificates of deposit, and savings bonds, with the added feature of offering chances to win prizes based on deposit activity; (5) the State of Michigan was the first State to allow credit unions to offer prize-linked savings products, and in 2009 launched the first large-scale prize-linked savings product in the United States; (6) the States of Connecticut, Michigan, Maine, Maryland, Nebraska, North Carolina, Rhode Island, and Washington all have laws that allow financial institutions to offer prize-linked savings products; (7) in the States of Michigan and Nebraska, more than 42,000 individuals have opened prize-linked savings accounts and saved more than $72,000,000; (8) prize-linked savings products have been shown to successfully attract non-savers, the asset poor, and low-to- moderate income groups, providing individuals with a new tool to build personal savings; and (9) encouraging personal savings is in the national interest of the United States. SEC. 3. AMENDMENT TO DEFINITIONS OF ``LOTTERY''. (a) National Banks.--Section 5136B(c) of the Revised Statutes of the United States (12 U.S.C. 25a(c)) is amended-- (1) in paragraph (2), by inserting ``, other than a savings promotion raffle,'' before ``whereby''; and (2) by adding at the end the following: ``(4) The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (b) Federal Reserve Banks.--Section 9A(c) of the Federal Reserve Act (12 U.S.C. 339(c)) is amended-- (1) in paragraph (2), by inserting ``, other than a savings promotion raffle,'' before ``whereby''; and (2) by adding at the end the following: ``(4) The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (c) Insured Depository Institutions.--Section 20(c) of the Federal Deposit Insurance Act (12 U.S.C. 1829a(c)) is amended-- (1) in paragraph (2), by inserting ``, other than a savings promotion raffle,'' before ``whereby''; and (2) by adding at the end the following: ``(4) The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (d) Federal Savings and Loan Associations.--Section 4(e)(3) of the Home Owners' Loan Act (12 U.S.C. 1463(e)(3)) is amended-- (1) in subparagraph (B), by inserting ``, other than a savings promotion raffle,'' after ``arrangement''; and (2) by adding at the end the following: ``(D) Savings promotion raffle.--The term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. SEC. 4. CRIMINAL PROVISIONS. (a) In General.--Chapter 61 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1308. Limitation of applicability ``(a) Limitation of Applicability.--Sections 1301, 1302, 1303, 1304, and 1306 shall not apply-- ``(1) to a savings promotion raffle conducted by an insured depository institution or an insured credit union; or ``(2) to any activity conducted in connection with any such savings promotion raffle, including, without limitation, to the-- ``(A) transmission of any advertisement, list of prizes, or other information concerning the savings promotion raffle; ``(B) offering, facilitation, and acceptance of deposits, withdrawals, or other transactions in connection with the savings promotion raffle; ``(C) transmission of any information relating to the savings promotion raffle, including account balance and transaction information; and ``(D) deposit or transmission of prizes awarded in the savings promotion raffle as well as notification or publication thereof. ``(b) Definitions.--In this section-- ``(1) the term `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(2) the term `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(3) the term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 61 of title 18, United States Code, is amended by adding after the item relating to section 1307 the following: ``1308. Limitation of applicability.''. SEC. 5. RACKETEERING. Chapter 95 of title 18, United States Code, is amended-- (1) in section 1952, by adding at the end the following: ``(e)(1) This section shall not apply to a savings promotion raffle conducted by an insured depository institution or an insured credit union. ``(2) In this subsection-- ``(A) the term `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(B) the term `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and ``(C) the term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''; (2) in section 1953-- (A) in subsection (b), by striking ``or (5)'' and inserting ``(5) equipment, tickets, or materials used or designed for use in a savings promotion raffle operated by an insured depository institution or an insured credit union, or (6)''; and (B) by striking subsections (d) and (e) and inserting the following: ``(d) For purposes of this section-- ``(1) the term `foreign country' means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions); ``(2) the term `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); ``(3) the term `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); ``(4) the term `lottery'-- ``(A) means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers; and ``(B) does not include the placing or accepting of bets or wagers on sporting events or contests; ``(5) the term `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)); and ``(6) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.''; and (3) in section 1955-- (A) in subsection (b)-- (i) by redesignating paragraph (2) as paragraph (4); (ii) by redesignating paragraph (3) as paragraph (6); (iii) by inserting after paragraph (1) the following: ``(2) `insured credit union' shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). ``(3) `insured depository institution' shall have the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).''; and (iv) by inserting after paragraph (4), as redesignated, the following: ``(5) `savings promotion raffle' means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481)).''.

American Savings Promotion Act - Amends the Revised Statutes of the United States, the Federal Reserve Act, the Federal Deposit Insurance Act, and the Home Owners' Loan Act to authorize covered financial institutions to conduct a contest, known as a "savings promotion raffle," in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or program, where each ticket or entry has an equal chance of being drawn. Subjects such a drawing contest to regulations promulgated by the appropriate prudential regulator. Excludes such a "savings promotion raffle" from the prohibition against a covered financial institution's dealing in "lottery" tickets. Amends the federal criminal code to exempt savings promotion raffles conducted by an insured depository institution or an insured credit union from specified prohibitions against interstate and foreign travel or transportation in aid of racketeering enterprises.

American Savings Promotion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Water Research Integration Act of 2014''. SEC. 2. INTEGRATING ENERGY AND WATER RESEARCH. (a) In General.--The Secretary of Energy shall integrate water considerations into energy research, development, and demonstration programs and projects of the Department of Energy by-- (1) advancing energy and energy efficiency technologies and practices that meet the objectives of-- (A) minimizing freshwater withdrawal and consumption; (B) increasing water use efficiency; and (C) utilizing nontraditional water sources with efforts to improve the quality of the water from those sources; (2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and (3) improving understanding of the energy-water nexus. (b) Strategic Plan.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary shall develop a strategic plan identifying the research, development, and demonstration needs for Department programs and projects to carry out subsection (a). The strategic plan shall include technical milestones for achieving and assessing progress toward the objectives of subsection (a)(1). (2) Specific considerations.--In developing the strategic plan, the Secretary shall consider-- (A) new advanced cooling technologies for energy generation and fuel production technologies; (B) performance improvement of existing cooling technologies and cost reductions associated with using those technologies; (C) innovative water reuse, recovery, and treatment technologies in energy generation and fuel production; (D) technology development for carbon capture and storage systems that utilize efficient water use design strategies; (E) technologies that are life-cycle cost effective; (F) systems analysis and modeling of issues relating to the energy-water nexus; (G) technologies to treat and utilize wastewater and produced waters discharged from oil, natural gas, coalbed methane, and any other substance to be used as an energy source; (H) advanced materials for the use of nontraditional water sources for energy generation and fuel production; (I) biomass production and utilization and the impact on hydrologic systems; (J) technologies that reduce impacts on water from energy resource development; (K) energy efficient technologies for water distribution, treatment, and collection systems; (L) technologies for energy generation from water distribution, treatment, and collection systems; and (M) any other area of the energy-water nexus that the Secretary considers appropriate. (3) Collaboration and nonduplication.--In developing the strategic plan, the Secretary shall coordinate and avoid duplication-- (A) with other Federal agencies operating related programs, if appropriate; and (B) across programs and projects of the Department, including with those of the National Laboratories. (4) Relevant information and recommendations.--In developing the strategic plan, the Secretary shall consider and incorporate, as appropriate, relevant information and recommendations, including those of the National Water Availability and Use Assessment Program under section 9508(d) of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10368(d)). (5) Additional participation.--In developing the strategic plan, the Secretary shall consult and coordinate with a diverse group of representatives from research and academic institutions, industry, and State and local governments who have expertise in technologies and practices relating to the energy-water nexus. (6) Submission to congress.--Not later than 15 months after the date of enactment of this Act, the Secretary shall submit to Congress the strategic plan. (7) Updating the strategic plan.--Not later than 3 years after the date of enactment of this Act, and at least once every 5 years thereafter, the Secretary shall-- (A) utilize relevant information produced by Federal Government agencies, academia, States, and industry to update the strategic plan; (B) include in the updated strategic plan a description of the changes from the previous strategic plan and the rationale for such changes; and (C) submit the updated strategic plan to Congress. (c) Progress Reports.--Not less frequently than once every 2 years, the Secretary shall transmit to Congress a report on the progress the Department has made toward the milestones outlined in the strategic plan. (d) Additional Activities.--The Secretary may provide for such additional research, development, and demonstration activities as appropriate to integrate water considerations into the research, development, and demonstration activities of the Department as described in subsection (a). SEC. 3. ENERGY-WATER OVERSIGHT AND COORDINATION. (a) In General.--The Secretary, in coordination with other relevant Federal agencies, shall establish an Energy-Water Subcommittee of the Energy Advisory Board to promote and enable improved energy and water resource data collection, reporting, and technological innovation. The Subcommittee shall consist of-- (1) representation from each program within the Department and each Federal agency that conducts research related to the energy-water nexus; and (2) non-Federal members, including representatives of research and academic institutions, States, and industry, who have expertise in technologies and practices relating to the energy-water nexus. (b) Functions.--The Subcommittee shall-- (1) make recommendations on the development and integration of data collection and data communication standards and protocols to agencies and entities currently engaged in collecting the data for the energy-water nexus; (2) recommend ways to make improvements to Federal water use data to increase understanding of trends in energy generation and fuel production; (3) recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data; and (4) conduct annual technical workshops, including at least 1 regional workshop annually, to facilitate information exchange among Federal, regional, State, local, and tribal governments and private sector experts on technologies that encourage the conservation and efficient use of water and energy. (c) Reports.--Not later than 1 year after the date of enactment of this Act, and at least once every 2 years thereafter, the Subcommittee, through the Secretary, shall transmit to Congress a report on its findings and activities under this section. SEC. 4. MANDATES. Nothing in this Act shall be construed to require State, tribal, or local governments to take any action that may result in an increased financial burden to such governments by restricting the use of water by such governments. SEC. 5. COORDINATION AND NONDUPLICATION. To the maximum extent practicable, the Secretary shall coordinate activities under this Act with other programs of the Department and other Federal research programs. SEC. 6. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Energy-water nexus.--The term ``energy-water nexus'' means the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the United States. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. (4) Subcommittee.--The term ``Subcommittee'' means the Energy-Water Subcommittee of the Energy Advisory Board established under section 3(a).

Energy and Water Research Integration Act of 2014 - Requires the Department of Energy (DOE) to integrate water considerations into its energy research, development, and demonstration programs and projects by: (1) advancing energy and energy efficiency technologies and practices that meet the objectives of minimizing freshwater withdrawal and consumption, increasing water use efficiency, and utilizing nontraditional water sources with efforts to improve the quality of the water from those sources; (2) considering the effects climate variability may have on water supplies and quality for energy generation and fuel production; and (3) improving the understanding of the energy required to provide reliable water supplies and the water required to provide reliable energy supplies. Directs DOE to develop and update every five years a strategic plan to carry out the integration. Requires DOE to establish an Energy-Water Subcommittee of the Energy Advisory Board to promote and enable improved energy and water resource data collection, reporting, and technological innovation. Prohibits this Act from being construed to require state, tribal, or local governments to take any action that may result in an increased financial burden by restricting their water use.

Energy and Water Research Integration Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Year Community Service Act''. SEC. 2. PURPOSE. The purpose of this Act is to promote community service among United States youth by connecting secondary school seniors to community service opportunities. SEC. 3. PROGRAM. The National and Community Service Act of 1990 is amended by inserting after section 198D (42 U.S.C. 12653d) the following: ``SEC. 198E. SENIOR YEAR COMMUNITY SERVICE PILOT PROGRAM. ``(a) Definition.--In this section: ``(1) Community service opportunity.--The term `community service opportunity', used with respect to a student, means a service opportunity in the student's community or school. ``(2) Graduation rate.--The term `graduation rate' means the percentage described in section 1111(b)(2)(C)(vi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(ii)). ``(b) Senior Year Community Service Pilot Program.-- ``(1) In general.--The Corporation shall establish and carry out a national pilot program. In carrying out the program, the Corporation shall make grants on a competitive basis to local educational agencies, to enable the agencies to establish local programs to match secondary school seniors to community service opportunities. ``(2) Amount, number, and duration of grants.-- ``(A) Amount of grants.--In determining the amount of a grant to be made to a local educational agency under paragraph (1), the Corporation shall consider the number and percentage of secondary school seniors the local educational agency plans to match to community service opportunities under the local program involved. ``(B) Number and duration of grants.--The Corporation shall make not less than 6 grants under paragraph (1) and the grants shall be for periods of 2 years. ``(3) Application.--To be eligible to receive a grant under paragraph (1), a local educational agency shall submit an application to the Corporation at such time, in such manner, and containing such information as the Corporation may require. The local educational agency shall demonstrate in the application that the local educational agency-- ``(A) is well-positioned to successfully implement a local program through the national pilot program; ``(B) demonstrates that appropriate leaders in the education, civic, and private sectors exhibit a strong commitment to community service; ``(C) is able to leverage additional funds to support the local program; ``(D) has a full commitment to match as many secondary school seniors as possible with service opportunities within the community or school involved; and ``(E) has worked with a local community-based organization to establish goals for the service that participating secondary school seniors will provide. ``(4) Use of funds.--A local educational agency that receives a grant under paragraph (1) shall use the grant funds to-- ``(A) establish a partnership with the local community-based organization described in paragraph (3)(E) to carry out the local program; ``(B) provide meaningful community service opportunities for students in their senior year, for terms of service described in section 139(b)(1); ``(C) supply a service coordinator to assist secondary schools participating in the local program; and ``(D) provide information to students in their junior year of secondary school regarding the community service opportunities available under the local program. ``(5) Responsibilities of the corporation.--The Corporation shall support the local educational agencies participating in the national pilot program, by-- ``(A) providing a downloadable template for the local educational agencies to use when providing information to students in their junior year as described in paragraph (4)(D); ``(B) offering assistance to the local educational agencies in finding community service opportunities for all participating seniors; ``(C) offering assistance to the local educational agencies regarding completing the paperwork necessary for participating seniors to be eligible for national service educational awards under subtitle D; and ``(D) providing any technical assistance the Corporation determines to be necessary. ``(6) Eligibility for national service educational award.-- A participant under this section shall be eligible for the national service educational award described in subtitle D if the participant meets the requirements of sections 139(b)(1) and 146(b). ``(7) Evaluation.-- ``(A) In general.--The Corporation shall award a contract to an independent agency with expertise in evaluating trends in student achievement to study the effects of the national pilot program on the achievement of participating students. ``(B) Measurement.--The evaluation described in subparagraph (A)-- ``(i) shall compare-- ``(I) secondary school seniors who are participating in the program; to ``(II) similar secondary school seniors who are not participating in the program; ``(ii) shall include measurements of-- ``(I) academic achievement on the student academic assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)); ``(II) graduation rates; ``(III) student attendance rates; ``(IV) student rates of enrollment, persistence, and attainment in institutions of higher education; and ``(V) success with respect to any other academic factor the Corporation determines is necessary; and ``(iii) shall measure whether the goals established by the local educational agency under paragraph (3)(E) were met. ``(8) Building on the senior year community service pilot program.--If the evaluation under paragraph (7) demonstrates that the national pilot program was effective in improving student achievement, as measured by the indicators described in paragraph (7)(B)(ii), the Corporation, in collaboration with the agency described in paragraph (7)(A), shall develop a plan to include in the program as many secondary school seniors as possible.''. SEC. 4. EDUCATIONAL AWARDS. (a) National Service Position Eligible for National Service Educational Award.--Section 123 of the National and Community Service Act of 1990 (42 U.S.C. 12573) is amended-- (1) by redesignating paragraph (7) as paragraph (8); and (2) by inserting before paragraph (8) the following: ``(7) A position involving service as a participant under section 198E.''. (b) Reservation of Approved Positions.--Section 129 of the National and Community Service Act of 1990 (42 U.S.C. 12581) is amended-- (1) in subsection (b)-- (A) by striking ``The Corporation'' and inserting the following: ``(1) VISTA volunteers and civilian community corps participants.--The Corporation''; and (B) by adding at the end the following: ``(2) Senior year community service participants.--The Corporation shall ensure that each individual selected by a local educational agency during a fiscal year as a participant under section 198E shall receive the national service educational award described in subtitle D if the individual satisfies the eligibility requirements for the award. Funds for approved national service positions required by this paragraph for a fiscal year shall be deducted from the funds appropriated under section 501(a)(2)(B)(ii).''; and (2) in subsection (f)-- (A) by inserting before ``The Corporation'' the following: ``(1) In general.--''; and (B) by striking the second sentence and inserting the following: ``(2) Adjustments.--The Corporation is authorized to make necessary and reasonable adjustments to the program rules-- ``(A) relating to participants described in subsection (b)(2), if appropriations under section 501(a)(2)(B)(ii) are insufficient to provide the maximum allowable national service educational awards under subtitle D for all those participants who are eligible for such an award; and ``(B) relating to participants (other than those referred to in subparagraph (A)), if appropriations under section 501(a)(2)(A) are insufficient to provide the maximum allowable national service educational awards under subtitle D for all those participants who are eligible for such an award.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 501(a)(2) of the National and Community Service Act of 1990 (42 U.S.C. 12681(a)(2)) is amended-- (1) in subparagraphs (A) and (B), by inserting ``(other than assistance described in subparagraph (B)(i))'' after ``H of title I''; (2) in subparagraph (A), by inserting ``(other than awards described in subparagraph (B)(ii))'' after ``subtitle D of title I''; (3) by redesignating subparagraph (B) as subparagraph (C); and (4) by inserting after subparagraph (A) the following: ``(B) Senior year community service pilot program.-- ``(i) Financial assistance.--There are authorized to be appropriated to provide financial assistance under section 198E, such sums as may be necessary for each of fiscal years 2009 through 2011. ``(ii) National service positions for senior year community service participants.-- There are authorized to be appropriated to provide national service educational awards under subtitle D of title I for participants under section 198E, such sums as may be necessary for each of fiscal years 2009 through 2011.''.

Senior Year Community Service Act - Amends the National and Community Service Act of 1990 to direct the Corporation for National and Community Service to implement a national pilot program awarding six competitive grants to local educational agencies to establish local programs matching secondary school seniors to community service opportunities for which such students receive national service educational awards. Directs the Corporation to contract with an independent agency to study the effects of the national pilot program on the achievement of participating students. Requires the Corporation to plan an expansion of such program if it is shown to be effective in improving student achievement.

A bill to amend the National and Community Service Act of 1990 to promote community service among United States youth by connecting secondary school seniors to community service opportunities.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Dr. James Allen Veteran Vision Equity Act of 2007''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--LOW-VISION BENEFITS MATTERS Sec. 101. Modification of rate of visual impairment for payment of disability compensation. Sec. 102. Improvement in compensation for veterans in certain cases of impairment of vision involving both eyes. TITLE II--MATTERS RELATING TO BURIAL AND MEMORIAL AFFAIRS Sec. 201. Provision of medallion or other device for privately-purchased grave markers. Sec. 202. Improvement in provision of assistance to States relating to the interment of veterans in cemeteries other than national cemeteries. Sec. 203. Modification of authorities on provision of Government headstones and markers for burials of veterans at private cemeteries. TITLE III--OTHER MATTERS Sec. 301. Use of national directory of new hires for income verification purposes for certain veterans benefits. Sec. 302. Extension of authority of Secretary of Veterans Affairs to provide an educational assistance allowance to persons performing qualifying work-study activities. TITLE I--LOW-VISION BENEFITS MATTERS SEC. 101. MODIFICATION OF RATE OF VISUAL IMPAIRMENT FOR PAYMENT OF DISABILITY COMPENSATION. Section 1114(o) of title 38, United States Code, is amended by striking ``5/200'' and inserting ``20/200''. SEC. 102. IMPROVEMENT IN COMPENSATION FOR VETERANS IN CERTAIN CASES OF IMPAIRMENT OF VISION INVOLVING BOTH EYES. Section 1160(a)(1) of title 38, United States Code, is amended-- (1) by striking ``blindness'' both places it appears and inserting ``impairment of vision''; (2) by striking ``misconduct;'' and inserting ``misconduct and--''; and (3) by adding at the end the following new subparagraphs: ``(A) the impairment of vision in each eye is rated at a visual acuity of 20/200 or less; or ``(B) the peripheral field of vision for each eye is 20 degrees or less;''. TITLE II--MATTERS RELATING TO BURIAL AND MEMORIAL AFFAIRS SEC. 201. PROVISION OF MEDALLION OR OTHER DEVICE FOR PRIVATELY- PURCHASED GRAVE MARKERS. Section 2306(d) of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(5) In lieu of furnishing a headstone or marker under this subsection, the Secretary may furnish, upon request, a medallion or other device of a design determined by the Secretary to signify the deceased's status as a veteran, to be attached to a headstone or marker furnished at private expense.''. SEC. 202. IMPROVEMENT IN PROVISION OF ASSISTANCE TO STATES RELATING TO THE INTERMENT OF VETERANS IN CEMETERIES OTHER THAN NATIONAL CEMETERIES. (a) Repeal of Time Limitation for State Filing for Reimbursement for Interment Costs.-- (1) In general.--The second sentence of section 3.1604(d)(2) of title 38, Code of Federal Regulations, shall have no further force or effect as it pertains to unclaimed remains of a deceased veteran. (2) Retroactive application.--Paragraph (1) shall take effect as of October 1, 2006 and apply with respect to interments and inurnments occurring on or after that date. (b) Grants for Operation and Maintenance of State Veterans' Cemeteries.-- (1) In general.--Subsection (a) of section 2408 of title 38, United States Code, is amended to read as follows: ``(a)(1) Subject to subsection (b), the Secretary may make a grant to any State for the following purposes: ``(A) Establishing, expanding, or improving a veterans' cemetery owned by the State. ``(B) Operating and maintaining such a cemetery. ``(2) A grant under paragraph (1) may be made only upon submission of an application to the Secretary in such form and manner, and containing such information, as the Secretary may require.''. (2) Limitation on amounts awarded.--Subsection (e) of such section is amended-- (A) by inserting ``(1)'' before ``Amounts''; and (B) by adding at the end the following new paragraph: ``(2) In any fiscal year, the aggregate amount of grants awarded under this section for the purposes specified in subsection (a)(1)(B) may not exceed $5,000,000.''. (3) Conforming amendments.--Such section is further amended-- (A) in subsection (b)-- (i) by striking ``Grants under this section'' and inserting ``A grant under this section for a purpose described in subsection (a)(1)(A)''; and (ii) by striking ``a grant under this section'' each place it appears and inserting ``such a grant''; (B) in subsection (d), by striking ``to assist such State in establishing, expanding, or improving a veterans' cemetery''; and (C) in subsection (f)(1), by inserting ``, or in operating and maintaining such cemeteries,'' after ``veterans' cemeteries''. (4) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this subsection. SEC. 203. MODIFICATION OF AUTHORITIES ON PROVISION OF GOVERNMENT HEADSTONES AND MARKERS FOR BURIALS OF VETERANS AT PRIVATE CEMETERIES. (a) Repeal of Expiration of Authority.--Subsection (d) of section 2306 of title 38, United States Code, as amended by section 201, is further amended-- (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5), as added by that section, as paragraphs (3) and (4), respectively. (b) Retroactive Effective Date.--Notwithstanding subsection (d) of section 502 of the Veterans Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115 Stat. 995; 38 U.S.C. 2306 note) or any other provision of law, the amendments made by that section and by subsections (a), (b), (c), (d), and (f) of section 402 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3429) shall take effect as of November 1, 1990, and shall apply with respect to headstones and markers for the graves of individuals dying on or after that date. TITLE III--OTHER MATTERS SEC. 301. USE OF NATIONAL DIRECTORY OF NEW HIRES FOR INCOME VERIFICATION PURPOSES FOR CERTAIN VETERANS BENEFITS. (a) Authority for Information Comparisons and Disclosures of Information to Assist in Administration of Certain Veterans Benefits.-- Section 453(j) of the Social Security Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: ``(11) Information comparisons and disclosures to assist in administration of certain veterans benefits.-- ``(A) Furnishing of information by secretary of veterans affairs.--Subject to the provisions of this paragraph, the Secretary of Veterans Affairs shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Veterans Affairs in consultation with the Secretary, information in the custody of the Secretary of Veterans Affairs for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are applying for or receiving-- ``(i) needs-based pension benefits provided under chapter 15 of title 38, United States Code, or under any other law administered by the Secretary of Veterans Affairs; ``(ii) parents' dependency and indemnity compensation provided under section 1315 of title 38, United States Code; ``(iii) health care services furnished under subsections (a)(2)(G), (a)(3), or (b) of section 1710 of title 38, United States Code; or ``(iv) compensation paid under chapter 11 of title 38, United States Code, at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule. ``(B) Requirement to seek minimum information.--The Secretary of Veterans Affairs shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). ``(C) Duties of the secretary.-- ``(i) Information disclosure.--The Secretary, in cooperation with the Secretary of Veterans Affairs, shall compare information in the National Directory of New Hires with information provided by the Secretary of Veterans Affairs with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of Veterans Affairs, in accordance with this paragraph, for the purposes specified in this paragraph. ``(ii) Condition on disclosure.--The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. ``(D) Use of information by secretary of veterans affairs.--The Secretary of Veterans Affairs may use information resulting from a data match pursuant to this paragraph only-- ``(i) for the purposes specified in subparagraph (B); and ``(ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). ``(E) Reimbursement of hhs costs.--The Secretary of Veterans Affairs shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. ``(F) Consent.--The Secretary of Veterans Affairs shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual). ``(G) Expiration of authority.--The authority under this paragraph shall expire on September 30, 2011.''. (b) Amendments to Veterans Affairs Authority.-- (1) In general.--Chapter 53 of title 38, United States Code, is amended by inserting after section 5317 the following new section: ``Sec. 5317A. Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services ``(a) Independent Verification Required.--The Secretary may terminate, deny, suspend, or reduce any benefit or service specified in section 5317(c), with respect to an individual under age 65 who is an applicant for or recipient of such a benefit or service, by reason of information obtained from the Secretary of Health and Human Services under section 453(j)(11) of the Social Security Act, only if the Secretary takes appropriate steps to verify independently information relating to the individual's employment and income from employment. ``(b) Opportunity to Contest Findings.--The Secretary shall inform each individual for whom the Secretary terminates, denies, suspends, or reduces any benefit or service under subsection (a) of the findings made by the Secretary under such subsection on the basis of verified information and shall provide to the individual an opportunity to contest such findings in the same manner as applies to other information and findings relating to eligibility for the benefit or service involved. ``(c) Source of Funds for Reimbursement to Secretary of Health and Human Services.--The Secretary shall pay the expense of reimbursing the Secretary of Health and Human Services in accordance with section 453(j)(11)(E) of the Social Security Act, for the cost incurred by the Secretary of Health and Human Services in furnishing information requested by the Secretary under section 453(j)(11) of such Act, from amounts available to the Department for the payment of compensation and pensions. ``(d) Expiration of Authority.--The authority under this section shall expire on September 30, 2011.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5317 the following new item: ``5317A. Use of income information from other agencies: independent verification required before termination or reduction of certain benefits and services.''. SEC. 302. EXTENSION OF AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO PROVIDE AN EDUCATIONAL ASSISTANCE ALLOWANCE TO PERSONS PERFORMING QUALIFYING WORK-STUDY ACTIVITIES. Section 3485(a)(4) of title 38, United States Code, is amended by striking ``June 30, 2007'' each place it appears and inserting ``June 30, 2010''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Dr. James Allen Veteran Vision Equity Act of 2007 - Title I: Low-Vision Benefits Matters - (Sec. 101) Modifies the standard for awarding disability compensation to veterans for loss of vision to require payment of compensation for impairment of vision due to a service-connected disability resulting in 20/200 (currently, 5/200) visual acuity or less. (Sec. 102) Modifies the above standard in the case of impairment of vision (currently, blindness) involving both eyes due to a service-connected disability in one eye and a non-service-connected disability in the other eye to require payment in the case of impairment resulting in a visual acuity of 20/200 or less or of a peripheral field of 20 degrees or less in each eye. Title II: Matters Relating to Burial and Memorial Affairs - (Sec. 201) Authorizes the Secretary of Veterans Affairs, in lieu of furnishing a headstone or marker for the grave of certain individuals buried in a private cemetery, to furnish a medallion or other device to signify the deceased's status as a veteran, to be attached to a headstone or marker furnished at private expense. (Sec. 202) Repeals, as of October 1, 2006, the time limit for a state's filing of a request for reimbursement for interment costs for veterans buried in cemeteries other than national cemeteries. Authorizes the Secretary to make a grant to a state for operating and maintaining a veterans' cemetery owned by such state. Limits to $5 million the amount of such grants awarded in a fiscal year. (Sec. 203) Makes permanent the authority of the Secretary to furnish government headstones or markers for the burial of veterans at private cemeteries. Title III: Other Matters - (Sec. 301) Requires the Secretary to provide the Secretary of Health and Human Services with information for comparison with the National Directory of New Hires for income verification purposes in order to determine eligibility for certain veteran benefits and services. Requires the Secretary to: (1) seek only the minimum information necessary to make such determination; (2) receive prior written consent of the individual before seeking, using, or disclosing any such information; (3) independently verify any information received prior to terminating, denying, or reducing a benefit or service; and (4) allow an opportunity for an individual to contest negative findings. Terminates such authority at the end of FY2011. (Sec. 302) Extends, through June 30, 2010, the Secretary's authority to provide an educational allowance to persons performing qualifying work-study activities.

An act to amend title 38, United States Code, to improve low-vision benefits matters, matters relating to burial and memorial affairs, and other matters under the laws administered by the Secretary of Veterans Affairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) As of 2012, more than 41,000,000 Americans are age 65 or older. More than 75 percent of them suffer from chronic conditions which require person-centered, coordinated care that helps them to live in a home- or community-based setting. In 2012, the Government Accountability Office found that 34 percent of Americans 60 and older reported needing assistance performing Activities of Daily Living. (2) Direct-care workers (referred to in this section as ``DCWs'') provide an estimated 70 to 80 percent of the paid hands-on long-term care and personal assistance received by elders and people with disabilities or other chronic conditions in the United States. These workers help their clients bathe, dress, and negotiate a host of other daily tasks. They are a lifeline for those they serve, as well as for families and friends struggling to provide quality care. (3) Eldercare and disability services positions account for nearly one-third of the 18,000,000 health care jobs in the United States. The direct-care workforce alone accounts for more than 4,000,000 jobs, expected to add 1,600,000 new positions by 2020. (4) The majority of DCWs are now employed in home- and community-based settings, and not in institutional settings such as nursing care facilities or hospitals. By 2020, home- and community-based DCWs are likely to outnumber facility workers by more than 2 to 1. (5) A 2008 Institute of Medicine report, entitled ``Re- tooling for an Aging America: Building the Health Care Workforce'', called for new models of care delivery and coordination, and dedicated a chapter to the central importance of the direct-care workforce in a ``re-tooled'' eldercare delivery system. (6) An Institute of Medicine report on the future of nursing, released in October of 2010, recommended nurses should practice to the full extent of their education and training. The report also states that all health care professionals should work collaboratively in team-based models, and that the goal should be to encourage care models that use every member of the team to the full capacity of his or her training and skills. (7) The Patient Protection and Affordable Care Act (Public Law 111-148) emphasizes the need for improving care and lowering costs by better coordination of care and integration of services, particularly for consumers with multiple chronic conditions. This will require developing new models of care for those receiving long-term services and supports. SEC. 3. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE DELIVERY. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE DELIVERY. ``(a) Establishment of Demonstration Program.-- ``(1) In general.--The Assistant Secretary shall carry out a demonstration program in accordance with this section. Under such program, the Assistant Secretary shall award grants to eligible entities to carry out demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement by-- ``(A) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and ``(B) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation. ``(2) Direct-care worker.--In this section, the term `direct-care worker' has the meaning given that term in the 2010 Standard Occupational Classifications of the Department of Labor for Home Health Aides [31-1011], Psychiatric Aides [31- 1013], Nursing Assistants [31-1014], and Personal Care Aides [39-9021]. ``(b) Demonstration Projects.--The demonstration program shall be composed of 6 demonstration projects, as follows: ``(1) Two demonstration projects shall focus on using the abilities of direct-care workers to promote smooth transitions in care and help to prevent unnecessary hospital readmissions. Under these projects, direct-care workers shall be incorporated as essential members of interdisciplinary care coordination teams. ``(2) Two demonstration projects shall focus on maintaining the health and improving the health status of those with multiple chronic conditions and long-term care needs. Under these projects, direct-care workers shall assist in monitoring health status, ensuring compliance with prescribed care, and educating and coaching the older individual involved and any family caregivers. ``(3) Two demonstration projects shall focus on training direct-care workers to take on deeper clinical responsibilities related to specific diseases, including Alzheimer's and dementia, congestive heart failure, and diabetes. ``(c) Eligible Entity.--In this section, the term `eligible entity' means a consortium that consists of-- ``(1) at least 1-- ``(A) long-term care and rehabilitation facility; or ``(B) home personal care service provider; and ``(2) at least 1-- ``(A) hospital or health system; ``(B) labor organization or labor-management partnership; ``(C) community-based aging service provider; ``(D) patient-centered medical home; ``(E) federally qualified health center; ``(F) managed care entity, including a managed health and long-term care program; ``(G) entity that provides health services training; ``(H) State-based public entity engaged in building new roles and related curricula for direct-care workers; or ``(I) any other entity that the Assistant Secretary deems eligible based on integrated care criteria. ``(d) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include-- ``(1) a description of the care coordination and service delivery models of the entity, detailed on a general, organizational, and staff level; ``(2) a description of how the demonstration project carried out by the entity will improve care quality, including specific objectives and anticipated outcomes that will be used to measure success; and ``(3) a description of how the coordinated care team approach with an enhanced role for the direct-care worker under the demonstration project will increase efficiency and cost effectiveness compared to past practice. ``(e) Planning Awards Under Demonstration Program.-- ``(1) In general.--Each eligible entity that receives a grant under this section shall receive a grant for planning activities related to the demonstration project to be carried out by the entity, including-- ``(A) designing the implementation of the project; ``(B) identifying competencies and developing curricula for the training of participating direct-care workers; ``(C) developing training materials and processes for other members of the interdisciplinary care team; ``(D) articulating a plan for identifying and tracking cost savings gained from implementation of the project and for achieving long-term financial sustainability; and ``(E) articulating a plan for evaluating the project. ``(2) Amount and term.-- ``(A) Total amount.--The amount awarded under paragraph (1) for all grants shall not exceed $600,000. ``(B) Term.--Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 1 year after the grant is awarded. ``(f) Implementation Awards Under Demonstration Program.-- ``(1) In general.--Each eligible entity may receive a grant for implementation activities related to the demonstration project to be carried out by the entity, if the Assistant Secretary determines the entity-- ``(A) has successfully carried out the activities under the grant awarded under subsection (e); ``(B) offers a feasible plan for long-term financial sustainability; ``(C) has constructed a meaningful model of advancement for direct-care workers; and ``(D) aims to provide training to a sizeable number of direct-care workers and to serve a sizeable number of older individuals. ``(2) Use of funds.--The implementation activities described under paragraph (1) shall include-- ``(A) training of all care team members in accordance with the design of the demonstration project; and ``(B) evaluating the competency of all staff based on project design. ``(3) Evaluation and report.-- ``(A) Evaluation.--Each recipient of a grant under paragraph (1), in consultation with an independent evaluation contractor, shall evaluate-- ``(i) the impact of training and deployment of direct-care workers in advanced roles, as described in this section, within each participating entity on outcomes, such as direct-care worker job satisfaction and turnover, beneficiary and family caregiver satisfaction with services, rate of hospitalization of beneficiaries, and additional measures determined by the Secretary; ``(ii) the impact of such training and deployment on the long-term services and supports delivery system and resources; ``(iii) statement of the potential of the use of direct-care workers in advanced roles to lower cost and improve quality of care in the Medicaid program; and ``(iv) long-term financial sustainability of the model used under the grant and the impact of such model on quality of care. ``(B) Reports.--Not later than 180 days after completion of the demonstration program under this section, each recipient of a grant under paragraph (1) shall submit to the Secretary a report on the implementation of activities conducted under the demonstration project, including-- ``(i) the outcomes, performance benchmarks, lessons learned from the project; ``(ii) a statement of cost savings gained from implementation of the project and how the cost savings have been reinvested to improve direct-care job quality and quality of care; and ``(iii) results of the evaluation conducted under subparagraph (A) with respect to such activities, together with such recommendations for legislation or administrative action for expansion of the demonstration program on a broader scale as the Secretary determines appropriate. ``(4) Amount and term.-- ``(A) Total amount.--The amount awarded under paragraph (1) for all grants shall not exceed $2,900,000. ``(B) Term.--Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 3 years after the grant is awarded.''.

Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Aging to carry out a program awarding grants to eligible entities to carry out six separate demonstration projects that focus on care coordination and service delivery for older individuals with chronic illness or at risk of institutional placement by: (1) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and (2) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation.

Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cainaan Putuga Wendt Shock of Life Act''. SEC. 2. FINDINGS. Congress finds that-- (1) nearly 95 percent of sudden cardiac arrest victims pass away before ever reaching a hospital; (2) according to the American Academy of Pediatrics, approximately 2,000 people under the age of 25 die from sudden cardiac arrest in the United States each year; and (3) on average, one high school student dies of cardiac arrest every three days. SEC. 3. GRANT PROGRAM FOR AUTOMATED EXTERNAL DEFIBRILLATORS. (a) Purposes.--The Secretary of Education shall carry out a program under which the Secretary makes grants to local educational agencies, to be used by the local educational agencies-- (1) to purchase automated external defibrillators for use in eligible schools in the district of the local educational agency; and (2) to provide training to enable eligible schools in the district of the local educational agency to meet the requirements of subsection (e), but only if the automated external defibrillators in use at such schools were acquired through a grant under this Act. (b) Grant Requirements.--To be eligible to receive a grant under this Act, a local educational agency-- (1) shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may require; (2) shall, except as provided in subsections (c) and (d), provide funds from non-Federal sources equal to not less than 25 percent of the amount of the grant for the purpose of carrying out this Act; and (3) shall fulfill the requirements of subsection (e). (c) Private Secondary Schools.--A local educational agency may require an eligible school described in section 5(1)(B) to provide some or all of the funds required under subsection (b)(2) of this section. (d) Waiver.--The Secretary shall waive the requirement of subsection (b)(2) for a local educational agency if the number of children from families below the poverty level as counted under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)(1)(A)) is 20 percent or more of the total number of children aged 5 to 17, inclusive, in the school district of the local educational agency. (e) Requirements for Eligible Schools.--A local educational agency shall demonstrate to the Secretary that, for each eligible school at which automated external defibrillators acquired under this Act are to be used-- (1) there are at least 5 individuals at the eligible school who-- (A) are employees or volunteers; (B) are at least 18 years of age; and (C) are certified, or will be certified, in the use of automated external defibrillators, and in cardiopulmonary resuscitation, through training conducted by the American Heart Association, the American Red Cross, the National Safety Council, or another nationally recognized organization offering similar training programs with comparable standards; (2) the eligible school will ensure the continuing availability of individuals described in paragraph (1); (3) local paramedics and other emergency services personnel are notified where on school grounds the automated external defibrillators are to be located; and (4) the automated external defibrillators will be integrated into the school's emergency response plan or procedures. SEC. 4. PRIORITY. In making grants under this Act, the Secretary shall give priority to local educational agencies that have within their district eligible schools-- (1) that do not already have an automated external defibrillator on school grounds; (2) at which a significant number of students, staff, and visitors are present on school grounds during a typical day; and (3) with respect to which the average time required for emergency medical services (as defined in section 330J(f) of the Public Health Service Act (42 U.S.C. 254c-15(f))) to reach the school is greater than the average time for emergency medical services to reach other public facilities in the community. SEC. 5. DEFINITIONS. In this Act: (1) Eligible school.--The term ``eligible school'' means-- (A) any secondary school as defined by section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); or (B) any private secondary school that receives services or benefits provided under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (2) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of fiscal years 2014 through 2019.

Cainaan Putuga Wendt Shock of Life Act - Directs the Secretary of Education to award matching grants to local educational agencies (LEAs) to: (1) purchase automated external defibrillators (AEDs) for use in public or private secondary schools within their district, and (2) provide training to meet the grant requirement that at least five adult employees or volunteers at each school where a purchased AED is to be used are or will be certified in its use and in cardiopulmonary resuscitation (CPR). Requires LEA grant applicants also to demonstrate that: (1) the AEDs are integrated into the schools' emergency response procedures, and (2) emergency services personnel are notified of their locations. Gives grant priority to LEAs that have secondary schools that: (1) lack an AED; (2) typically have a significant number of students, staff, and visitors present during the day; and (3) generally have a longer wait for emergency medical services than other public facilities in the community.

To establish a grant program for automated external defibrillators in schools.

SECTION 1. FINDINGS. Congress finds the following: (1) In the 1830s, members of the Cherokee Nation were removed from their lands in the southeastern United States and forced to migrate to Oklahoma along a route known as the Trail of Tears. Among those persons forced to migrate were the Black slaves of Cherokees, free Blacks married to Cherokees, and the children of mixed-race families, known now as the ``Black Cherokees''. (2) In 1861, the Cherokee Nation executed a treaty with the Confederate States of America, thereby severing its relations with the United States Government. Members of the Cherokee Nation held positions in the Congress and military of the Confederate States of America and waged war against the United States during the Civil War. (3) Following the Civil War, the United States reestablished relations with the Cherokee Nation through the Treaty of 1866. The Treaty of 1866 declared that the Black Cherokees, also known as ``Cherokee Freedmen'', were to be made citizens of the Cherokee Nation and to have all the rights of Cherokees. (4) The Treaty of 1866 further guarantees the following: (A) Laws ``shall be uniform throughout said nation'' and that if ``any law, either in its provisions or in the manner of its enforcement, in the opinion of the President of the United States, operate unjustly in [the Freedmen] district, he is hereby authorized and empowered to correct such evil.''. (B) The Cherokee Freedmen are given the right to elect officials and to representation ``according to numbers'' on the national council. (5) Following the Treaty of 1866, the Cherokee National Council amended its constitution to guarantee the Cherokee Freedmen full rights as citizens of the Cherokee Nation. (6) Also following the Treaty of 1866, the Courts upheld the Cherokee Freedmen's treaty rights, including-- (A) in 1895, the Court of Claims held that the Cherokee Freedmen were entitled to share in the tribe's land sale proceeds and the Cherokee Nation's sovereignty could not be exercised in a manner that breached the nation's treaty obligations to the United States (Whitmire, Trustee for the Cherokee Freedmen v. Cherokee Nation, 30 CT Cl. 138, 180 (CT Cl. 1895); and (B) in 1906, the Supreme Court noted that the Cherokee Freedmen are citizens of the Cherokee Nation entitled to the same property rights as other members of the Cherokee Nation under the Treaty of 1866 (Red Bird v. United States, 203 U.S. 76, 84). (7) In a December 19, 2006, ruling in Vann v. Kempthorne, the United States District Court for the District of Columbia found that in 1906, the Dawes Commission registered members of the Cherokee Nation under separate categories: the ``Freedmen Roll'' for the Black Cherokees and the ``Blood Roll'' for other Cherokees. Individuals possessing African blood were placed on the Freedmen Roll, where no levels of Indian blood were recorded. Those possessing no African blood were placed on the Blood Roll, where levels of Indian blood were recorded. The Dawes Commission declared that persons recorded on the Freedmen Roll were on equal footing with those on the Blood Roll. (8) In 1970, Congress passed the ``Principal Chiefs Act'' requiring the Chickasaw, Choctaw, Creek, Seminole, and Cherokee Nations to obtain approval for their voting laws for selection of the principal chief. The Department of the Interior drafted a policy stating that it was not necessary that each of these groups have identical or similar regulations, but that three conditions are deemed fundamental to the democratic selection of a principal tribal official. One of the three conditions stipulated by the Department is that voter qualifications of the Cherokees must be broad enough to include the enrolled Cherokee Freedmen citizens. (9) In May 2003, the Cherokee Nation held an election for its officers and ratification of a new constitution. The vote proposed to amend the 1999 constitution of the Cherokee Nation by removing the requirement that the United States Department of the Interior and Bureau of Indian Affairs approve amendments to the Cherokee Nation Constitution. The Cherokee Freedmen were not permitted to vote or run for office. The election violated the Treaty of 1866, the 13th Amendment to the United States Constitution, the Principal Chiefs Act of 1970, and the Department of the Interior's guidance on the ratification of a new constitution. (10) In May 2003, the Cherokee Nation held an election for its officers and the ratification of a new constitution. The new constitution removed the requirement that the United States Department of the Interior and the Bureau of Indian Affairs approve amendments to the Cherokee Nation constitution. The Cherokee Freedmen were not permitted to vote in this election. The election violated the Treaty of 1866, the 13th Amendment to the United States Constitution, and the Principal Chiefs Act of 1970. (11) The Department of the Interior has not recognized the May 2003 vote to amend the Cherokee Nation's constitution. The Cherokee Nation has subsequently removed its request for approval from the Department of the Interior. (12) Currently, the Cherokee Nation operates under a Principal Chief elected in violation to the 1970 Principal Chiefs Act and Treaty of 1866, a National Council constituted without Cherokee Freedmen representatives in violation of the Treaty of 1866, and a Constitution not approved by the United States pursuant to Article XV, Section 10 of the 1975 Cherokee Nation Constitution. (13) In May 2003, the Cherokee Nation renamed its highest court, formerly named the Judicial Appeals Tribunal and newly renamed the Supreme Court, after the Judicial Appeals Tribunal ruled in a 2-1 decision that the Cherokee Freedmen were entitled to citizenship pursuant to the 1975 Cherokee Nation constitution. Pursuant to the new May 2003 constitution, which still has not been approved by the Department of the Interior, the illegally elected Principal Chief appointed two additional judges to the Supreme Court. The panel of five Supreme Court judges ruled in a 3-2 decision that the Cherokee Nation could hold a vote on the tribal status of the Cherokee Freedmen. (14) Operating under the unapproved Constitution, the Cherokee Nation held an election in March 2007, to remove the Cherokee Freedmen from the Cherokee Nation. In a vote of less than 4 percent of the total Cherokee Nation population, the voters elected to remove Cherokee Freedmen not on the Dawes blood rolls from the Nation. (15) In May 2007, the Cherokee Nation leadership determined that it would allow registered Freedmen to vote in the June 23, 2007 election for tribal officers. Despite the Cherokee Nation's decision to allow Freedmen to vote, Freedmen's rights as members of the Cherokee Nation are severely restricted: Freedmen are not allowed to run for office in the June 2007 election in violation of the Treaty of 1866; the registration of Freedmen entitled to Cherokee citizenship under the 1906 Dawes Rolls has been halted; and the election is to be held under provisions of an unapproved constitution and in violation of the 1970 Principal Chiefs Act that requires the Cherokee leadership to submit its voting requirements for the election to the Secretary of the Interior for his approval. Further, the actions of the Cherokee Nation in halting citizenship application processing and voter registration of Freedmen have disproportionately reduced the number of Freedmen voters that can participate in the election. (16) The manner in which the Cherokee Nation is conducting the relationship between the United States and the tribal entity is not in the best interest of the United States Government, citizens of the Cherokee Nation, and violates existing treaties and laws governing the relationship between the United States Government and the Cherokee Nation. (17) Current efforts of the Cherokee Nation to expel members of the Cherokee Freedmen from the tribal rolls and abolish Department of the Interior oversight are being pursued in violation of the treaty rights extended to the Cherokee Freedmen in a treaty agreement between the United States and Cherokee Nation in the 1866 Treaty and in violation of Freedmen citizenship under the federally approved Cherokee Nation constitution of 1975. (18) The Department of the Interior has failed to uphold its fiduciary responsibility by recognizing the May 2003 Cherokee Nation election for Principal Chief in which Freedmen were not allowed to vote in violation of the Principal Chiefs Act and the Treaty of 1866 and by failing to take any administrative action against the Cherokee Nation leadership for its decision to sanction a referendum in March 2007 in which the Freedmen were expelled from the Cherokee Nation. SEC. 2. SEVERANCE OF RELATIONS WITH THE CHEROKEE NATION. (a) In General.--The United States hereby severs all relations with the Cherokee Nation, including all financial obligations or otherwise, until such time as the Cherokee Nation is meeting all of its treaty obligations and other federal statutory obligations (including all obligations of the Treaty of 1866, the Principal Chiefs Act, holding elections for tribal leaders that are in compliance with the Act, and has restored the rights of all Cherokee Freedmen disenfranchised from the Cherokee Nation in the March 3, 2007, Cherokee Nation vote), as determined by a final certification under section 2(d). (b) Compliance With the Requirements of the Act.--The Secretary shall coordinate with all departments and agencies of the United States Government to ensure that every effort is being made by the United States Government to comply with this Act. (c) Reports.-- (1) Federal agencies.--Not later than 30 days after the date of the enactment of this Act, and continuing annually until the final certification as determined under section 2(d), all departments and agencies under the jurisdiction of the United States Government shall submit a report to the Secretary describing-- (A) all Federal programs under their jurisdiction that provide financial assistance and other services to the Cherokee Nation; and (B) the efforts that are being undertaken comply with all requirements of this Act. (2) Status reports.--Until the Secretary certifies to Congress that the Cherokee Nation is in compliance with its treaty obligations, the Secretary shall submit monthly public reports to Congress on the status of the United States Government's efforts to ensure that all departments and agencies of the Federal Government are in compliance with the requirements of this Act. (3) Other freedman indians.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall issue a public report to Congress on the status of freedmen in the Cherokee, Choctaw, Chickasaw, Muscogee (Creek), and Seminole Nations of Oklahoma. The report shall address whether each of those Indian tribes is complying with all treaty obligations and Federal laws with respect to its freedmen members, the level of participation of freedmen in tribal leadership positions, tribal benefits received by the freedmen, and previous or current efforts on the part of those Indian tribes to disenfranchise its freedmen members. (d) Congressional Certification.--After the Secretary has certified to Congress that the Cherokee Nation is in full compliance with all its treaty obligations and Congress approves the Secretary's certification by a vote taken on a resolution introduced in both chambers of Congress certifying that the Cherokee Nation is in full compliance with its treaty obligations, the final certification of the Cherokee Nation's treaty compliance shall take effect. SEC. 3. SUSPENSION OF RIGHT TO CONDUCT GAMING OPERATIONS. (a) In General.--The Cherokee Nation's authority to conduct gaming regulated under the Indian Gaming Regulatory Act and to administer any funds from such gaming are suspended until such time that the Cherokee Nation is in compliance with all treaty and other obligations with the United States, as determined by a final certification under section 2(d). (b) Report.--Not later than 30 days after the date of the enactment of this Act, the National Indian Gaming Commission shall submit a report to Congress detailing the actions that have been taken to enforce subsection (a). SEC. 4. DEFINITIONS. (a) ``Cherokee''and ``Cherokee Nation''.--The terms ``Cherokee'' and ``Cherokee Nation'' mean the Cherokee Nation of Oklahoma. (b) ``Cherokee Freedmen'', ``Freedmen'', and ``Black Cherokees''.-- The terms ``Cherokee Freedmen'', ``Freedmen'', and ``Black Cherokees'' refer to individuals who can trace their ancestry to individuals listed on the 1906 Dawes Commission Roles for the Cherokee Freedmen. (c) ``Other Freedman Indians''.--The term ``Other Freedmen Indians'' refers to individuals who can trace their ancestry to the 1906 Dawes Commission Rolls who are members of the Choctaw, Chickasaw, Muscogee (Creek), and Seminole Nations. (d) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 5. NONCOMPLIANCE. (a) Effective Date.--Notwithstanding any decision by Congress under section 2(d) of this Act, the provisions of this Act shall again take effect if at any future date the Secretary certifies to Congress that the Cherokee Nation of Oklahoma is not in full compliance with its treaty obligations or Federal statutes that govern its relations with the United States Government. (b) Private Action.--Any Cherokee Freedmen shall have a private right to bring actions for injunctive relief, declaratory relief, or monetary damages against the Cherokee Nation of Oklahoma, officials of the Cherokee Nation of Oklahoma, or Federal officials for noncompliance with this Act or for violations of the terms of the Treaty of 1866, the 13th Amendment to the United States Constitution, or the Indian Civil Rights Act of 1968. The appropriate Federal courts shall have exclusive jurisdiction over actions brought under this subsection. SEC. 6. DEPARTMENT OF JUSTICE. The Attorney General shall issue a finding on whether the Federal civil rights of the Cherokee Freedmen have been violated by either the Cherokee Nation of Oklahoma or the Department of the Interior, or both. Individual Freedmen shall also have a private right of action to compel the Attorney General to investigate federal civil rights violations and provide a determination of whether a violation has occurred within 180 days of submitting a complaint describing the violation in writing. SEC. 7. GAO REPORT ON EXPENDITURE OF FEDERAL FUNDS. The Government Accountability Office shall issue a public report to Congress detailing for each of the 5 years ending immediately before the report was completed the Cherokee Nation's expenditure of all Federal funds. The report shall include an analysis of Federal funds allocated by the Cherokee Nation's leadership for its member benefits and services and for administrative and other purposes. The report shall determine whether or not the Cherokee Nation is in full compliance with all Federal regulations and laws regarding the management and disbursement of Federal funds.

Severs the United States relations with the Cherokee Nation of Oklahoma until the Cherokee Nation is meeting all of its treaty obligations and other federal statutory obligations, including all obligations with the Treaty of 1866 and has restored the rights of Cherokee Freedmen disenfranchised from the Cherokee Nation in the March 3, 2007, Cherokee Nation vote to remove them from the Cherokee Nation. Requires a report from the Government Accountability Office (GAO) on the Cherokee Nation's expenditure of federal funds, as well as other specified reports from federal agencies, the Secretary of the Interior, and the National Indian Gaming Commission. Suspends the Cherokee Nation's authority to conduct gaming operations until it is in compliance with all treaty and other obligations with the United States. Grants any Cherokee Freedman a private right to bring actions for injunctive relief, declaratory relief, or monetary damages against the Cherokee Nation, officials of the Cherokee Nation, or federal officials. Directs the Attorney General to issue a finding on whether the federal civil rights of the Cherokee Freedmen have been violated by the Cherokee Nation and/or the Department of the Interior.

To sever United States' government relations with the Cherokee Nation of Oklahoma until such time as the Cherokee Nation of Oklahoma restores full tribal citizenship to the Cherokee Freedmen disenfranchised in the March 3, 2007, Cherokee Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Ronald Reagan Peace Dividend Investment Act''. SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974. (a) In general.--Title VI of the Congressional Budget Act of 1974 (as amended by the Budget Enforcement Act of 1990) is amended by adding after section 606 the following new section: ``SEC. 606A. DETERMINATION OF PEACE DIVIDEND. ``(a) Fiscal Year 1993.-- ``(1) In general.--If pursuant to section 251(a)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 outlays in the defense category for fiscal year 1993 are estimated to be below the discretionary spending limit for such outlays, the difference shall be used to reduce the deficit and to increase the personal income tax exemption as provided in subsection (c). ``(2) Adjustment to discretionary spending limits.--If outlays for the defense category in fiscal year 1993 are estimated to be below the discretionary spending limit for such outlays, the discretionary spending limits calculated pursuant to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be adjusted for the difference. ``(b) Fiscal Years 1994 and Thereafter.-- ``(1) In general.--If outlays in the defense category as defined in section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 for each fiscal year beginning with fiscal year 1994 are below the defense baseline for such fiscal year as determined under paragraph (3), the difference shall be used to reduce the deficit and increase the personal exemption as provided in subsection (c). ``(2) Adjustment to discretionary spending limits.--For fiscal year 1994 or 1995 if the defense category outlays for such fiscal year are estimated to be below the defense baseline for such fiscal year, the discretionary spending limits shall be adjusted by the difference. ``(3) Baseline.--(A) For fiscal year 1994 or 1995, the applicable baseline for defense outlays shall be the total estimated discretionary outlays for the fiscal year multiplied by the ratio of the final defense outlay cap for fiscal year 1993 divided by the final total discretionary cap for fiscal year 1993. ``(4) Fiscal year 1996 and thereafter.--Beginning with fiscal year 1996 and each fiscal year thereafter, the applicable defense outlay baseline shall be the Congressional Budget Office baseline inflator multiplied by the defense outlay level for the previous fiscal year. ``(c) Allocation of Adjustments.--The adjustments in the discretionary spending limits for outlays described in subsections (a) and (b) shall be allocated in the following manner: ``(1) Deficit reduction.--The maximum deficit amount calculated pursuant to section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 for any of fiscal years 1993 through 1995 shall be reduced by an amount equal to the change in the estimated deficit resulting from such reduced outlays and the reduction in revenue described in paragraph (2). ``(2) Personal exemption.--The Secretary of the Treasury shall increase the personal exemption amount for individuals as determined under section 151 of the Internal Revenue Code of 1986 by an amount estimated to reduce receipts in the calendar year beginning during such fiscal year by an amount equal to one-half of the difference (peace dividend) described in subsections (a) or (b) with respect to defense outlays for that fiscal year. ``(d) Permitting of Peace Dividend Investment.--Legislation affecting receipts as a result of the requirements of section (c)(2) shall not be considered legislation that increases the deficit for purposes of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(e) Point of Order.-- ``(1) It shall not be in order in the Senate to consider any bill, resolution, amendment, or conference report that would reduce defense spending below the spending limit for the defense category as defined in section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 if such bill, resolution, amendment, or conference report does not allocate the total amount of reduced new budget authority or outlays between deficit reduction and increases in the personal income tax exemption as provided in this section. ``(2) For purposes of this subsection, the levels of defense spending for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget.''. (b) Point of Order.--The last sentence of section 904(d) of the Congressional Budget Act of 1974 (as amended by the Budget Enforcement Act of 1990) is amended by striking ``and 606(c)'' and inserting ``606(c), and 606A''.

Ronald Reagan Peace Dividend Investment Act - Amends the Congressional Budget Act of 1974 to provide for a reduction in the deficit and an increase in the personal income tax exemption when outlays in the defense category for FY 1993 or 1994 are estimated to be below the discretionary spending limit for such outlays. Requires an adjustment in such spending limits under such circumstances. Prohibits Senate consideration of legislation that would reduce defense spending below the spending limit for the defense category if such legislation does not allocate the total amount of reduced new budget authority or outlays between deficit reduction and increases in the personal income tax exemption.

Ronald Reagan Peace Dividend Investment Act

SECTION 1. EXPANSION OF CREDIT FOR HYDROGEN-RELATED ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY. (a) Increase in Credit Percentage.--Subsection (a) of section 30C of the Internal Revenue Code of 1986 (relating to alternative fuel vehicle refueling property credit) is amended by inserting ``(50 percent in the case of property relating to hydrogen)'' after ``30 percent''. (b) No Dollar Limitation.--Subsection (b) of section 30C of such Code is amended by adding at the end the following flush sentence: ``The preceding sentence shall not apply in the case of property related to hydrogen.''. (c) Credit Allowable for Refueling Property for Certain Motor Vehicles Designed for Carrying or Towing Loads.-- (1) In general.--Subsection (c) of section 30C of such Code is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) with respect to property described in section 179A(d)(3)(A) for the storage or dispensing of fuel at least 85 percent of the volume of which consists of hydrogen, the reference to motor vehicles in section 179A(d)(3)(A) included specified off-highway vehicles.''. (2) Specified off-highway vehicles defined.--Subsection (e) of section 30C of such Code is amended by adding at the end the following new paragraph: ``(7) Specified off-highway vehicles.--For purposes of subsection (c)(3)-- ``(A) In general.--The term `specified off-highway vehicles' means all types of vehicles propelled by motor that are designed for carrying or towing loads from one place to another, regardless of the type of load or material carried or towed and whether or not the vehicle is registered or required to be registered for highway use, including fork lift trucks used to carry loads at railroad stations, industrial plants, and warehouses. ``(B) Exceptions.--Such term does not include-- ``(i) farm tractors, trench diggers, power shovels, bulldozers, road graders or rollers, and similar equipment which does not carry or tow a load, and ``(ii) any vehicle that operates exclusively on a rail or rails.''. (d) Credit for Hydrogen Property Extended Through 2016.--Paragraph (1) of section 30C(g) of such Code is amended by striking ``December 31, 2014'' and inserting ``December 31, 2016''. (e) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (c) shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. (2) Repeal of limitation.--The amendment made by subsection (b) shall apply to taxable years beginning after the date of the enactment of this Act. (3) Hydrogen refueling property.--The amendment made by subsection (d) shall apply to property placed in service after December 31, 2014. SEC. 2. INCREASED INVESTMENT CREDIT FOR MORE EFFICIENT FUEL CELLS. (a) Increased Percentage.-- (1) In general.--Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 (relating to energy percentage) is amended by redesignating clauses (i) and (ii) as clauses (iii) and (iv), respectively, and by inserting before clause (iii), as so redesignated, the following new clauses: ``(i) 50 percent in the case of qualified fuel cell property used in a combined heat and power system having an energy efficiency percentage (as defined in section 48(c)(3)(C)) of 70 percent or more, ``(ii) 40 percent in the case of qualified fuel cell property used in such a system having an energy efficiency percentage (as so defined) of at least 60 percent but less than 70 percent,''. (2) Conforming amendments.-- (A) Subclause (I) of section 48(a)(2)(A)(iii) of such Code, as redesignated by paragraph (1), is amended by inserting ``not described in clause (i) or (ii)'' before the comma. (B) Clause (iv) of section 48(a)(2)(A) of such Code, as so redesignated, is amended by striking ``to which clause (i) does not apply'' and inserting ``to which none of the preceding clauses apply''. (b) Increased Maximum Credit.--Subparagraph (B) of section 48(c)(1) of such Code is amended to read as follows: ``(B) Limitation.--In the case of qualified fuel cell property placed in service during the taxable year, the credit otherwise determined under subsection (a) for such year with respect to such property shall not exceed an amount equal to-- ``(i) in the case of property described in subsection (a)(2)(A)(i), $2,500 for each 0.5 kilowatt of capacity of such property, ``(ii) in the case of property described in subsection (a)(2)(A)(ii), $2,000 for each 0.5 kilowatt of capacity of such property, and ``(iii) in the case of property described in subsection (a)(2)(A)(iii)(I), $1,500 for each 0.5 kilowatt of capacity of such property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Amends the Internal Revenue Code, with respect to the tax credit for alternative fuel vehicle refueling property expenditures, to: (1) increase the rate of such credit from 30% to 50% for hydrogen-related alternative fuel vehicles, (2) eliminate the dollar limitation on such credit for hydrogen-related vehicles, (3) allow such credit for off-highway motor vehicles designed for carrying or towing loads, and (4) extend such credit through 2016 for property related to hydrogen. Increases the 30% energy tax credit for investment in fuel cell property to: (1) 50% for fuel cell property used in a combined heat and power system having an energy efficiency percentage of 70% or more, and (2) 40% for fuel cell property having an energy efficiency percentage of at least 60% but less than 70%.

A bill to amend the Internal Revenue Code of 1986 to increase, expand, and extend the credit for hydrogen-related alternative fuel vehicle refueling property and to increase the investment credit for more efficient fuel cells.

SECTION 1. REDESIGNATION OF TITLE OF NATIONAL CEMETERY SYSTEM. The title of the National Cemetery System of the Department of Veterans Affairs is hereby redesignated as the National Cemetery Administration. SEC. 2. REDESIGNATION OF POSITION OF DIRECTOR OF THE NATIONAL CEMETERY SYSTEM. The position of Director of the National Cemetery System of the Department of Veterans Affairs is hereby redesignated as Assistant Secretary for Memorial Affairs. SEC. 3. ASSISTANT SECRETARIES. Section 308(a) of title 38, United States Code, is amended by-- (1) in subsection (a) thereof, changing the period at the end of the first sentence of that subsection to a comma and adding the following at the end of that sentence: ``in addition to the Assistant Secretary for Memorial Affairs''; (2) in subsection (b) thereof, by inserting ``other than the Assistant Secretary for Memorial Affairs'' after ``Assistant Secretaries''; and (3) in subsection (c) thereof, by inserting ``pursuant to subsection (b)'' after ``Assistant Secretary''. SEC. 4. TITLE 38 CONFORMING AMENDMENTS. (a) Title 38, United States Code, is amended by striking out ``Director of the National Cemetery System'' each place it appears (including in headings and tables) and inserting in lieu thereof ``Assistant Secretary for Memorial Affairs''. (b) Section 301(c) of title 38, United States Code, is amended by striking out ``System'' in subsection (c)(4) and inserting in lieu thereof ``Administration''. (c) Section 307 of title 38, United States Code, is amended-- (1) by striking out ``a'' in the first sentence and inserting in lieu thereof ``an''; (2) by striking out ``Director'' in the second sentence and inserting in lieu thereof ``Assistant Secretary for Memorial Affairs''; and (3) by striking out ``System'' in the second sentence and inserting in lieu thereof ``Administration''. (d)(1) Section 2306(d) of title 38, United States Code, is amended by striking out ``within the National Cemetery System'' in the first sentence of subsection (d)(1) and inserting in lieu thereof ``under the control of the National Cemetery Administration''. (2) Section 2306(d) of title 38, United States Code, is amended by striking out ``within the National Cemetery System'' in subsection (d)(2) and inserting in lieu thereof ``under the control of the National Cemetery Administration''. (e)(1) The table of sections at the beginning of chapter 24 of title 38, United States Code, is amended by striking out ``Establishment of National Cemetery System; composition of such system; appointment of director.'' and inserting in lieu thereof ``Establishment of National Cemetery Administration; authority of such Administration; appointment of Assistant Secretary.''. (2) The heading of section 2400 of title 38, United States Code, is amended by striking out ``Establishment of National Cemetery System; composition of such system; appointment of director'' and inserting in lieu thereof ``Establishment of National Cemetery Administration; authority of such Administration; appointment of Assistant Secretary''. (3) Section 2400(a) of title 38, United States Code, is amended by striking out ``shall be within the Department a National Cemetery System'' in the first sentence and inserting in lieu thereof ``is within the Department a National Cemetery Administration responsible'' in the first sentence and by striking out ``Such system'' in the second sentence and inserting in lieu thereof ``The National Cemetery Administration''. (4) Section 2400(b) of title 38, United States Code, is amended by striking out ``The National Cemetery System'' and inserting ``National cemeteries and other facilities under the control of the National Cemetery Administration'' in lieu thereof. (5) Section 2402 of title 38, United States Code, is amended by striking out ``in the National Cemetery System'' and inserting ``under the control of the National Cemetery Administration'' in lieu thereof. (6) Section 2403(c) of title 38, United States Code, is amended by striking out ``in the National Cemetery System created by this chapter'' and inserting ``under the control of the National Cemetery Administration'' in lieu thereof. (7) Section 2405(c) of title 38, United States Code, is amended by striking out ``within the National Cemetery System'' and inserting in lieu thereof ``under the control of the National Cemetery Administration'' and by striking out ``within such System'' and inserting in lieu thereof ``under the control of such Administration''. (8) Section 2408(c) of title 38, United States Code, is amended by striking out ``in the National Cemetery System'' in subsection (c)(1) and inserting ``under the control of the National Cemetery Administration'' in lieu thereof. SEC. 5. EXECUTIVE SCHEDULE CONFORMING AMENDMENT. Section 5315 of title 5, United States Code, is amended by striking out ``(6)'' following ``Assistant Secretaries, Department of Veterans Affairs'' and inserting in lieu thereof ``(7)'' and by striking out ``Director of the National Cemetery System.'' SEC. 6. REFERENCES IN OTHER LAWS. (a) Any reference to the National Cemetery System in any Federal law, Executive order, rule, regulation, delegation of authority, or document of or pertaining to the Department of Veterans Affairs, which reference pertains to the organization within that Department which controls the Department's national cemeteries shall be deemed to refer to the National Cemetery Administration. (b) Any reference to the Director of the National Cemetery System in any Federal law, Executive order, rule, regulation, delegation of authority, or document of or pertaining to the Department of Veterans Affairs shall be deemed to refer to the Assistant Secretary for Memorial Affairs.

Redesignates the: (1) National Cemetery System of the Department of Veterans Affairs as the National Cemetery Administration; and (2) position of Director of the System as the Assistant Secretary for Memorial Affairs.

A bill to redesignate the title of the National Cemetery System and the position of the Director of the National Cemetery System.

SECTION 1. TREATMENT OF PROGRAM GUIDANCE RELATING TO THE AWARD OF POST- DEPLOYMENT/MOBILIZATION RESPITE ABSENCE ADMINISTRATIVE ABSENCE DAYS TO MEMBERS AND FORMER MEMBERS OF THE RESERVE COMPONENTS UNDER DOD INSTRUCTION 1327.06. (a) Discretion of the Secretary of Defense.--The Secretary of Defense may determine that the changes made by the Secretary to the Program Guidance relating to the award of Post-Deployment/Mobilization Respite Absence program administrative absence days or other benefits described in subsection (b) to members and former members of the reserve components under DOD Instruction 1327.06 effective as of October 1, 2011, shall not apply to a member of a reserve component, or former member of a reserve component, whose qualified mobilization (as described in such program guidance) commenced before October 1, 2011, and continued on or after that date until the date the mobilization is terminated. (b) Authorized Benefits.--Under regulations prescribed by the Secretary of Defense, the Secretary concerned may provide a member or former member of the Armed Forces described in subsection (a) with one of the following benefits: (1) In the case of an individual who is a former member of the Armed Forces at the time of the provision of benefits under this section, payment of an amount not to exceed $200 for each day the individual would have qualified for a day of administrative absence had the changes made to the Program Guidance described in subsection (a) not applied to the individual, as authorized by such subsection. (2) In the case of a member of the Armed Forces on active duty at the time of the provision of benefits under this section, either one day of administrative absence or payment of an amount not to exceed $200, as selected by the member, for each day the member would have qualified for a day of administrative absence had the changes made to the Program Guidance described in subsection (a) not applied to the member, as authorized by such subsection. (3) In the case of a member of the Armed Forces serving in the Selected Reserve, Inactive National Guard, or Individual Ready Reserve at the time of the provision of benefits under this section, either one day of administrative absence to be retained for future use or payment of an amount not to exceed $200, as selected by the member, for each day the member would have qualified for a day of administrative absence had the changes made to the Program Guidance described in subsection (a) not applied to the member, as authorized by such subsection. (c) Exclusion of Certain Former Members.--An individual who is a former member of the Armed Forces is not eligible under this section for the benefits specified in subsection (b)(1) if the individual was discharged or released from the Armed Forces under other than honorable conditions. (d) Form of Payment.--The payments authorized by subsection (b) may be paid in a lump sum or installments, at the election of the Secretary concerned. (e) Relation to Other Pay and Leave.--The benefits provided to a member or former member of the Armed Forces under this section are in addition to any other pay, absence, or leave provided by law. (f) Definitions.--In this section: (1) The term ``Post-Deployment/Mobilization Respite Absence program'' means the program of the Secretary concerned to provide days of administrative absence not chargeable against available leave to certain deployed or mobilized members of the Armed Forces in order to assist such members in reintegrating into civilian life after deployment or mobilization. (2) The term ``Secretary concerned'' has the meaning given that term in section 101(5) of title 37, United States Code. (g) Commencement and Duration of Authority.-- (1) Commencement.--The authority to provide days of administrative absence under paragraphs (2) and (3) of subsection (b) begins on the date of the enactment of this Act and the authority to make cash payments under such subsection begins, subject to subsection (h), on October 1, 2012. (2) Expiration.--The authority to provide benefits under this section expires on October 1, 2014. (3) Effect of expiration.--The expiration date specified in paragraph (2) shall not affect the use, after that date, of any day of administrative absence provided to a member of the Armed Forces under subsection (b) before that date or the payment, after that date, of any payment selected by a member or former member of the Armed Forces under such subsection before that date. (h) Cash Payments Subject to Availability of Appropriations.--No cash payment may be made under subsection (b) unless the funds to be used to make the payments are available pursuant to an appropriations Act enacted after the date of enactment of this Act. (i) Funding Offset.--The Secretary of Defense shall transfer $4,000,000 from the unobligated balances of the Pentagon Reservation Maintenance Revolving Fund established under section 2674(e) of title 10, United States Code, to the Miscellaneous Receipts Fund of the United States Treasury. 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 House on May 15, 2012. The summary of that version is repeated here.) Authorizes the Secretary of Defense to determine that the changes made to the program guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days or other authorized benefits described herein to members and former members of the reserves under a specified Department of Defense (DOD) instruction shall not apply to current or former reservists whose qualified mobilization commenced before October 1, 2011, and continued until the termination of the mobilization. Includes within such authorized benefits: (1) the payment of up to $200 per day for each day the individual would have qualified for a day of administrative absence had the above changes not applied to the individual, in the case of a former member of the Armed Forces; (2) either one day of administrative absence or up to $200 per day as described above, in the case of a member on active duty at the time of the provision of benefits; and (3) either one day of administrative absence to be retained for future use or up to $200 per day as described above, in the case of a member serving in the Selected Reserve, Inactive National Guard, or Individual Ready Reserve at the time of the provision of benefits. Excludes such additional benefits for former members discharged or released under other than honorable conditions. Terminates the benefit authority under this Act on October 1, 2014. Directs the Secretary to transfer specified funds from the Pentagon Reservation Maintenance Revolving Fund as a funding offset for such benefits.

To modify the Department of Defense Program Guidance relating to the award of Post-Deployment/Mobilization Respite Absence administrative absence days to members of the reserve components to exempt any member whose qualified mobilization commenced before October 1, 2011, and continued on or after that date, from the changes to the program guidance that took effect on that date.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mortgage Forgiveness Debt Relief Act of 2007''. SEC. 2. DISCHARGES OF INDEBTEDNESS ON PRINCIPAL RESIDENCE EXCLUDED FROM GROSS INCOME. (a) In General.--Paragraph (1) of section 108(a) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by inserting after subparagraph (D) the following new subparagraph: ``(E) the indebtedness discharged is qualified principal residence indebtedness which is discharged before January 1, 2010.''. (b) Special Rules Relating to Qualified Principal Residence Indebtedness.--Section 108 of such Code is amended by adding at the end the following new subsection: ``(h) Special Rules Relating to Qualified Principal Residence Indebtedness.-- ``(1) Basis reduction.--The amount excluded from gross income by reason of subsection (a)(1)(E) shall be applied to reduce (but not below zero) the basis of the principal residence of the taxpayer. ``(2) Qualified principal residence indebtedness.--For purposes of this section, the term `qualified principal residence indebtedness' means acquisition indebtedness (within the meaning of section 163(h)(3)(B), applied by substituting `$2,000,000 ($1,000,000' for `$1,000,000 ($500,000' in clause (ii) thereof) with respect to the principal residence of the taxpayer. ``(3) Exception for certain discharges not related to taxpayer's financial condition.--Subsection (a)(1)(E) shall not apply to the discharge of a loan if the discharge is on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer. ``(4) Ordering rule.--If any loan is discharged, in whole or in part, and only a portion of such loan is qualified principal residence indebtedness, subsection (a)(1)(E) shall apply only to so much of the amount discharged as exceeds the amount of the loan (as determined immediately before such discharge) which is not qualified principal residence indebtedness. ``(5) Principal residence.--For purposes of this subsection, the term `principal residence' has the same meaning as when used in section 121.''. (c) Coordination.-- (1) Subparagraph (A) of section 108(a)(2) of such Code is amended by striking ``and (D)'' and inserting ``(D), and (E)''. (2) Paragraph (2) of section 108(a) of such Code is amended by adding at the end the following new subparagraph: ``(C) Principal residence exclusion takes precedence over insolvency exclusion unless elected otherwise.--Paragraph (1)(B) shall not apply to a discharge to which paragraph (1)(E) applies unless the taxpayer elects to apply paragraph (1)(B) in lieu of paragraph (1)(E).''. (d) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness on or after January 1, 2007. SEC. 3. EXTENSION OF TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS INTEREST. (a) In General.--Subclause (I) of section 163(h)(3)(E)(iv) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``December 31, 2007'' and inserting ``December 31, 2010''. (b) Effective Date.--The amendment made by this section shall apply to amounts paid or accrued after December 31, 2007. SEC. 4. ALTERNATIVE TESTS FOR QUALIFYING AS COOPERATIVE HOUSING CORPORATION. (a) In General.--Subparagraph (D) of section 216(b)(1) of the Internal Revenue Code of 1986 (defining cooperative housing corporation) is amended to read as follows: ``(D) meeting 1 or more of the following requirements for the taxable year in which the taxes and interest described in subsection (a) are paid or incurred: ``(i) 80 percent or more of the corporation's gross income for such taxable year is derived from tenant- stockholders. ``(ii) At all times during such taxable year, 80 percent or more of the total square footage of the corporation's property is used or available for use by the tenant-stockholders for residential purposes or purposes ancillary to such residential use. ``(iii) 90 percent or more of the expenditures of the corporation paid or incurred during such taxable year are paid or incurred for the acquisition, construction, management, maintenance, or care of the corporation's property for the benefit of the tenant-stockholders.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 5. EXCLUSION FROM INCOME FOR BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL RESPONDERS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139A the following new section: ``SEC. 139B. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL RESPONDERS. ``(a) In General.--In the case of any member of a qualified volunteer emergency response organization, gross income shall not include-- ``(1) any qualified State and local tax benefit, and ``(2) any qualified payment. ``(b) Denial of Double Benefits.--In the case of any member of a qualified volunteer emergency response organization-- ``(1) the deduction under 164 shall be determined with regard to any qualified State and local tax benefit, and ``(2) expenses paid or incurred by the taxpayer in connection with the performance of services as such a member shall be taken into account under section 170 only to the extent such expenses exceed the amount of any qualified payment excluded from gross income under subsection (a). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified state and local tax benefit.--The term `qualified state and local tax benefit' means any reduction or rebate of a tax described in paragraph (1), (2), or (3) of section 164(a) provided by a State or political division thereof on account of services performed as a member of a qualified volunteer emergency response organization. ``(2) Qualified payment.-- ``(A) In general.--The term `qualified payment' means any payment (whether reimbursement or otherwise) provided by a State or political division thereof on account of the performance of services as a member of a qualified volunteer emergency response organization. ``(B) Applicable dollar limitation.--The amount determined under subparagraph (A) for any taxable year shall not exceed $30 multiplied by the number of months during such year that the taxpayer performs such services. ``(3) Qualified volunteer emergency response organization.--The term `qualified volunteer emergency response organization' means any volunteer organization-- ``(A) which is organized and operated to provide firefighting or emergency medical services for persons in the State or political subdivision, as the case may be, and ``(B) which is required (by written agreement) by the State or political subdivision to furnish firefighting or emergency medical services in such State or political subdivision. ``(d) Termination.--This section shall not apply with respect to taxable years beginning after December 31, 2010.''. (b) Clerical Amendment.--The table of sections for such part is amended by inserting after the item relating to section 139A the following new item: ``Sec. 139B. Benefits provided to volunteer firefighters and emergency medical responders.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 6. CLARIFICATION OF STUDENT HOUSING ELIGIBLE FOR LOW-INCOME HOUSING CREDIT. (a) In General.--Subclause (I) of section 42(i)(3)(D)(ii) of the Internal Revenue Code of 1986 (relating to certain students not to disqualify unit) is amended to read as follows: ``(I) single parents and their children and such parents are not dependents (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual and such children are not dependents (as so defined) of another individual other than a parent of such children, or.''. (b) Effective Date.--The amendment made by this section shall apply to-- (1) housing credit amounts allocated before, on, or after the date of the enactment of this Act, and (2) buildings placed in service before, on, or after such date to the extent paragraph (1) of section 42(h) of the Internal Revenue Code of 1986 does not apply to any building by reason of paragraph (4) thereof. SEC. 7. APPLICATION OF JOINT RETURN LIMITATION FOR CAPITAL GAINS EXCLUSION TO CERTAIN POST-MARRIAGE SALES OF PRINCIPAL RESIDENCES BY SURVIVING SPOUSES. (a) Sale Within 2 Years of Spouse's Death.--Section 121(b) of the Internal Revenue Code of 1986 (relating to limitations) is amended by adding at the end the following new paragraph: ``(4) Special rule for certain sales by surviving spouses.--In the case of a sale or exchange of property by an unmarried individual whose spouse is deceased on the date of such sale, paragraph (1) shall be applied by substituting `$500,000' for `$250,000' if such sale occurs not later than 2 years after the date of death of such spouse and the requirements of paragraph (2)(A) were met immediately before such date of death.''. (b) Effective Date.--The amendment made by this section shall apply to sales or exchanges after December 31, 2007. SEC. 8. MODIFICATION OF PENALTY FOR FAILURE TO FILE PARTNERSHIP RETURNS; LIMITATION ON DISCLOSURE. (a) Extension of Time Limitation.--Section 6698(a) of the Internal Revenue Code of 1986 (relating to failure to file partnership returns) is amended by striking ``5 months'' and inserting ``12 months''. (b) Increase in Penalty Amount.--Paragraph (1) of section 6698(b) of such Code is amended by striking ``$50'' and inserting ``$85''. (c) Limitation on Disclosure of Taxpayer Returns to Partners, S Corporation Shareholders, Trust Beneficiaries, and Estate Beneficiaries.-- (1) In general.--Section 6103(e) of such Code (relating to disclosure to persons having material interest) is amended by adding at the end the following new paragraph: ``(10) Limitation on certain disclosures under this subsection.--In the case of an inspection or disclosure under this subsection relating to the return of a partnership, S corporation, trust, or an estate, the information inspected or disclosed shall not include any supporting schedule, attachment, or list which includes the taxpayer identity information of a person other than the entity making the return or the person conducting the inspection or to whom the disclosure is made.''. (2) Effective date.--The amendment made by this subsection shall take effect on the date of the enactment of this Act. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to returns required to be filed after the date of the enactment of this Act. SEC. 9. PENALTY FOR FAILURE TO FILE S CORPORATION RETURNS. (a) In General.--Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 (relating to assessable penalties) is amended by adding at the end the following new section: ``SEC. 6699. FAILURE TO FILE S CORPORATION RETURN. ``(a) General Rule.--In addition to the penalty imposed by section 7203 (relating to willful failure to file return, supply information, or pay tax), if any S corporation required to file a return under section 6037 for any taxable year-- ``(1) fails to file such return at the time prescribed therefor (determined with regard to any extension of time for filing), or ``(2) files a return which fails to show the information required under section 6037, such S corporation shall be liable for a penalty determined under subsection (b) for each month (or fraction thereof) during which such failure continues (but not to exceed 12 months), unless it is shown that such failure is due to reasonable cause. ``(b) Amount Per Month.--For purposes of subsection (a), the amount determined under this subsection for any month is the product of-- ``(1) $85, multiplied by ``(2) the number of persons who were shareholders in the S corporation during any part of the taxable year. ``(c) Assessment of Penalty.--The penalty imposed by subsection (a) shall be assessed against the S corporation. ``(d) Deficiency Procedures Not To Apply.--Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) shall not apply in respect of the assessment or collection of any penalty imposed by subsection (a).''. (b) Clerical Amendment.--The table of sections for part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following new item: ``Sec. 6699. Failure to file S corporation return.''. (c) Effective Date.--The amendments made by this section shall apply to returns required to be filed after the date of the enactment of this Act. SEC. 10. MODIFICATION OF REQUIRED INSTALLMENT OF CORPORATE ESTIMATED TAXES WITH RESPECT TO CERTAIN DATES. The percentage under subparagraph (B) of section 401(1) of the Tax Increase Prevention and Reconciliation Act of 2005 in effect on the date of the enactment of this Act is increased by 1.50 percentage points. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Mortgage Forgiveness Debt Relief Act of 2007 - Amends the Internal Revenue Code to exclude from gross income amounts attributable to a discharge, prior to January 1, 2010, of indebtedness incurred to acquire a principal residence. Limits to $2 million the excludable amount of such indebtedness. Reduces the basis of a principal residence by the amount of discharged indebtedness excluded from gross income. Disallows an exclusion for a discharge of indebtedness on account of services performed for the lender or any other factor not directly related to a decline in the value of the residence or to the financial condition of the taxpayer. Sets forth rules for determining the allowable amount of the exclusion for taxpayers with nonqualifying indebtedness and taxpayers who are insolvent. Extends through 2010 the tax deduction for mortgage insurance premiums. Sets forth alternative tests for qualifying as a cooperative housing corporation for purposes of the tax deduction for payments to such corporations. Qualifies a corporation if: (1) 80% or more of the total square footage of the corporation's property is used or available for use by its tenant-stockholders for residential purposes, or (2) 90% of the corporation's expenditures are for the acquisition, construction, management, maintenance, or care of its property for the benefit of the tenant-stockholders. Allows members of a qualified volunteer emergency response organization (i.e., an organization that provides firefighting and emergency medical services) an exclusion from gross income for state and local tax benefits and for certain payments for services. Terminates such exclusion after 2010. Allows certain full-time students who are single parents and their children to live in housing units eligible for the low-income housing tax credit provided that their children are not dependents of another individual (other than a parent of such children). Allows a surviving spouse to exclude from gross income up to $500,000 of the gain from the sale or exchange of a principal residence owned jointly with a deceased spouse if the sale or exchange occurs within two years of the death of the spouse and other ownership and use requirements have been met. Increases the penalty for failure to file a partnership tax return and extends from five to 12 the number of months in which such penalty may be imposed. Limits disclosure of tax return information that includes individual taxpayer identify information. Imposes an additional penalty on S corporations for failure to file required tax returns. Amends the Tax Increase Prevention and Reconciliation Act of 2005 to increase the estimated tax payment due in the third quarter of 2012 for corporations with assets of at least $1 billion.

To amend the Internal Revenue Code of 1986 to exclude discharges of indebtedness on principal residences from gross income, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Health Security Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States-Mexico border is an interdependent and dynamic region of 14,538,209 people with significant and unique public health challenges. (2) These challenges include low rates of health insurance coverage, poor access to health care services, and high rates of dangerous diseases, such as tuberculosis, diabetes, and obesity. (3) As the 2009 novel influenza A (H1N1) outbreak illustrates, diseases do not respect international boundaries, therefore, a strong public health effort at and along the U.S.- Mexico border is crucial to not only protect and improve the health of Americans but also to help secure the country against biosecurity threats. (4) For 11 years, the United States-Mexico Border Health Commission has served as a crucial bi-national institution to address these unique and truly cross-border health issues. (5) Two initiatives resulting from the United States-Mexico Border Health Commission's work speak to the importance of an infrastructure that facilitates cross-border communication at the ground level. First, the Early Warning Infectious Disease Surveillance (EWIDS), started in 2004, surveys infectious diseases passing among border States allowing for early detection and intervention. Second, the Ventanillas de Salud program, allows Mexican consulates, in collaboration with United States nonprofit health organizations, to provide information and education to Mexican citizens living and working in the United States through a combination of Mexican state funds and private grants. This program reaches an estimated 1,500,000 people in the United States. (6) As the United States-Mexico Border Health Commission enters its second decade, and as these issues grow in number and complexity, the Commission requires additional resources and modifications which will allow it to provide stronger leadership to optimize health and quality of life along the United States-Mexico border. SEC. 3. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT AMENDMENTS. The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended-- (1) in section 3-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period and inserting ``; and''; and (C) by adding at the end the following: ``(3) to serve as an independent and objective body to both recommend and implement initiatives that solve border health issues''; (2) in section 5-- (A) in subsection (b), by striking ``should be the leader'' and inserting ``shall be the Chair''; and (B) by adding at the end the following: ``(d) Providing Advice and Recommendations to Congress.--A member of the Commission may at any time provide advice or recommendations to Congress concerning issues that are considered by the Commission. Such advice or recommendations may be provided whether or not a request for such is made by a member of Congress and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or any other Federal official.''; (3) by redesignating section 8 as section 13; (4) by striking section 7 and inserting the following: ``SEC. 7. BORDER HEALTH GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, public institution of higher education, local government, Indian tribe, tribal organization, urban Indian organization, nonprofit health organization, trauma center, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the border area. ``(b) Authorization.--From amounts appropriated under section 12, the Secretary, acting through the Commissioners, shall award grants to eligible entities to address priorities and recommendations outlined by the Commission's Strategic and Operational Plans, as authorized under section 9, to improve the health of border area residents. ``(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for-- ``(1) programs relating to-- ``(A) maternal and child health; ``(B) primary care and preventative health; ``(C) infectious disease testing and monitoring; ``(D) public health and public health infrastructure; ``(E) health promotion; ``(F) oral health; ``(G) behavioral and mental health; ``(H) substance abuse; ``(I) health conditions that have a high prevalence in the border area; ``(J) medical and health services research; ``(K) workforce training and development; ``(L) community health workers or promotoras; ``(M) health care infrastructure problems in the border area (including planning and construction grants); ``(N) health disparities in the border area; ``(O) environmental health; ``(P) health education; ``(Q) outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa)); ``(R) trauma care; ``(S) health research with an emphasis on infectious disease; ``(T) epidemiology and health research; ``(U) cross-border health surveillance coordinated with Mexican Health Authorities; ``(V) obesity, particularly childhood obesity; ``(W) crisis communication, domestic violence, substance abuse, health literacy, and cancer; or ``(X) community-based participatory research on border health issues; or ``(2) other programs determined appropriate by the Secretary. ``(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d). ``SEC. 8. GRANTS FOR EARLY WARNING INFECTIOUS DISEASE SURVEILLANCE (EWIDS) PROJECTS IN THE BORDER AREA. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means a State, local government, Indian tribe, tribal organization, urban Indian organization, trauma centers, regional trauma center coordinating entity, or public health entity. ``(b) Authorization.--From funds appropriated under section 12, the Secretary shall award grants under the Early Warning Infectious Disease Surveillance (EWIDS) project to eligible entities for infectious disease surveillance activities in the border area. ``(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds to, in coordination with State and local all hazards programs-- ``(1) develop and implement infectious disease surveillance plans and readiness assessments and purchase items necessary for such plans; ``(2) coordinate infectious disease surveillance planning in the region with appropriate United States-based agencies and organizations as well as appropriate authorities in Mexico or Canada; ``(3) improve infrastructure, including surge capacity, syndromic surveillance, laboratory capacity, and isolation/ decontamination capacity; ``(4) create a health alert network, including risk communication and information dissemination; ``(5) educate and train clinicians, epidemiologists, laboratories, and emergency personnel; ``(6) implement electronic data systems to coordinate the triage, transportation, and treatment of multi-casualty incident victims; ``(7) provide infectious disease testing in the border area; and ``(8) carry out such other activities identified by the Secretary, the United States-Mexico Border Health Commission, State and local public health offices, and border health offices at the United States-Mexico or United States-Canada borders. ``SEC. 9. PLANS, REPORTS, AUDITS, AND BY-LAWS. ``(a) Strategic Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, and every 5 years thereafter, the Commission (including the participation of members of both the United States and Mexican sections) shall prepare a binational strategic plan to guide the operations of the Commission and submit such plan to the Secretary and Congress (and the Mexican legislature). ``(2) Requirements.--The binational strategic plan under paragraph (1) shall include-- ``(A) health-related priority areas determined most important by the full membership of the Commission; ``(B) recommendations for goals, objectives, strategies and actions designed to address such priority areas; and ``(C) a proposed evaluation framework with output and outcome indicators appropriate to gauge progress toward meeting the objectives and priorities of the Commission. ``(b) Work Plan.--Not later than January 1, 2012, and every other January 1 thereafter, the Commission shall develop and approve an operational work plan and budget based on the strategic plan under subsection (a). At the end of each such work plan cycle, the Government Accountability Office shall conduct an evaluation of the activities conducted by the Commission based on output and outcome indicators included in the strategic plan. The evaluation shall include a request for written evaluations from the commissioners about barriers and facilitators to executing successfully the Commission work plan. ``(c) Biannual Reporting.--The Commission shall issue a biannual report to the Secretary which provides independent policy recommendations related to border health issues. Not later than 3 months following receipt of each such biannual report, the Secretary shall provide the report and any studies or other material produced independently by the Commission to Congress. ``(d) Audits.--The Secretary shall annually prepare an audited financial report to account for all appropriated assets expended by the Commission to address both the strategic and operational work plans for the year involved. ``(e) By-Laws.--Not less than 6 months after the date of enactment of this section, the Commission shall develop and approve bylaws to provide fully for compliance with the requirements of this section. ``(f) Transmittal to Congress.--The Commission shall submit copies of the work plan and by-laws to Congress. The Government Accountability Office shall submit a copy of the evaluation to Congress. ``SEC. 10. BINATIONAL HEALTH INFRASTRUCTURE AND HEALTH INSURANCE. ``(a) In General.--The Secretary shall enter into a contract with the Institute of Medicine for the conduct of a study concerning binational health infrastructure (including trauma and emergency care) and health insurance efforts. In conducting such study, the Institute shall solicit input from border health experts and health insurance issuers. ``(b) Report.--Not later than 1 year after the date on which the Secretary enters into the contract under subsection (a), the Institute of Medicine shall submit to the Secretary and the appropriate committees of Congress a report concerning the study conducted under such contract. Such report shall include the recommendations of the Institute on ways to establish, expand, or improve binational health infrastructure and health insurance efforts. ``SEC. 11. COORDINATION. ``(a) In General.--To the extent practicable and appropriate, plans, systems and activities to be funded (or supported) under this Act for all hazard preparedness, and general border health, should be coordinated with Federal, State, and local authorities in Mexico and the United States. ``(b) Coordination of Health Services and Surveillance.--The Secretary may coordinate with the Secretary of Homeland Security in establishing a health alert system that-- ``(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and ``(2) is alerted to signs of health threats, disasters of mass scale, or bioterrorism along the border area. ``SEC. 12. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated to carry out this Act $31,000,000 for fiscal year 2012 and each succeeding year subject to the availability of appropriations for such purpose. Of the amount appropriated for each fiscal year, at least $1,000,000 shall be made available to fund operationally feasible functions and activities with respect to Mexico. The remaining funds shall be allocated for the administration of United States activities under this Act, border health activities under cooperative agreements with the border health offices of the States of California, Arizona, New Mexico, and Texas, the border health and EWIDS grant programs, and the Institute of Medicine and Government Accountability Office reports.''; and (5) in section 13 (as so redesignated)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2), the following: ``(3) Indians; indian tribe; tribal organization; urban indian organization.--The terms `Indian', `Indian tribe', `tribal organization', and `urban Indian organization' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).''.

Border Health Security Act of 2011 - Amends the United States-Mexico Border Health Commission Act to revise the duties of the United States-Mexico Border Health Commission to include serving as an independent and objective body to both recommend and implement initiatives that solve border health issues. Authorizes a member of the Commission to provide advice or recommendations to Congress concerning issues that are considered by the Commission. Requires the Secretary of Health and Human Services (HHS), acting through the Commissioners, to award grants to eligible entities to improve the health of border residents. Requires the Secretary to award grants under the Early Warning Infectious Disease Surveillance project to eligible entities for infection disease surveillance activities in the border area. Requires the Commission to: (1) prepare a binational strategic plan to guide the operations of the Commission, and (2) develop and approve an operational work plan and budget based on the strategic plan. Requires the Government Accountability Office (GAO) to conduct an evaluation of Commission activitie. Requires the Secretary to enter into a contract with the Institute of Medicine for a study concerning binational health infrastructure (including trauma and emergency care) and health insurance efforts. Authorizes the Secretary to coordinate with the Secretary of Homeland Security (DHS) in establishing a health alert system that: (1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and (2) is alerted to signs of health threats, disasters of mass scale, or bioterrorism along the border area.

A bill to establish grant programs to improve the health of border area residents and for all hazards preparedness in the border area including bioterrorism and infectious disease, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) As of 2011, more than 35,000,000 Americans are aged 65 or older. Sixty-two percent of them suffer from multiple chronic conditions which require person-centered, coordinated care that helps them to live in a home- or community-based setting. In 2007, 42 percent of Americans 65 and older reported needing assistance performing Instrumental Activities of Daily Living or Activities of Daily Living. (2) Direct-care workers (referred to in this section as ``DCWs'') provide an estimated 70 to 80 percent of the paid hands-on long-term care and personal assistance received by elders and people with disabilities or other chronic conditions in the United States. These workers help their clients bathe, dress, and negotiate a host of other daily tasks. They are a lifeline for those they serve, as well as for families and friends struggling to provide quality care. (3) Eldercare and disability services positions account for nearly one-third of the 15,000,000 health care jobs in the United States. The direct-care workforce alone accounts for more than 3,000,000 jobs, expected to grow to more than 4,000,000 by 2018. (4) The majority of DCWs are now employed in home and community-based settings, and not in institutional settings such as nursing care facilities or hospitals. By 2018, home and community-based DCWs are likely to outnumber facility workers by nearly 2 to 1. (5) A 2008 Institute of Medicine report, entitled ``Re- tooling for an Aging America: Building the Health Care Workforce'', called for new models of care delivery and coordination, and dedicated a chapter to the central importance of the direct-care workforce in a ``re-tooled'' eldercare delivery system. (6) An Institute of Medicine report on the future of nursing, released in October of 2010, recommended nurses should practice to the full extent of their education and training. The report also states that all health care professionals should work collaboratively in team-based models, and that the goal should be to encourage care models that use every member of the team to the full capacity of his or her training and skills. (7) The Patient Protection and Affordable Care Act (Public Law 111-148) emphasizes the need for improving care and lowering costs by better coordination of care and integration of services, particularly for consumers with multiple chronic conditions. This will require developing new models of care for those receiving long-term services and supports. (8) A November 2010 focus group of DCWs examined the concept of an advanced role for this workforce. About half of the participants shared that they care for consumers who do not have any family or other unpaid caregivers present, which often requires them to assume an additional role as an advocate, with those consumers often turning to them as a source of trusted information and emotional support. All participants agreed that consumers and family members frequently ask them to undertake tasks that they would like to provide, but for which they have not received proper training. SEC. 3. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE DELIVERY. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE DELIVERY. ``(a) Establishment of Demonstration Program.-- ``(1) In general.--The Assistant Secretary shall carry out a demonstration program in accordance with this section. Under such program, the Assistant Secretary shall award grants to eligible entities to carry out demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement by-- ``(A) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and ``(B) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation. ``(2) Direct-care worker.--In this section, the term `direct-care worker' has the meaning given that term in the 2010 Standard Occupational Classifications of the Department of Labor for Home Health Aides [31-1011], Psychiatric Aides [31- 1013], Nursing Assistants [31-1014], and Personal Care Aides [39-9021]. ``(b) Demonstration Projects.--The demonstration program shall be composed of 6 demonstration projects, as follows: ``(1) Two demonstration projects shall focus on using the abilities of direct-care workers to promote smooth transitions in care and help to prevent unnecessary hospital readmissions. Under these projects, direct-care workers shall be incorporated as essential members of interdisciplinary care coordination teams. ``(2) Two demonstration projects shall focus on maintaining the health and improving the health status of those with multiple chronic conditions and long-term care needs. Under these projects, direct-care workers shall assist in monitoring health status, ensuring compliance with prescribed care, and educating and coaching the older individual involved and any family caregivers. ``(3) Two demonstration projects shall focus on training direct-care workers to take on deeper clinical responsibilities related to specific diseases, including Alzheimer's and dementia, congestive heart failure, and diabetes. ``(c) Eligible Entity.--In this section, the term `eligible entity' means a consortium that consists of-- ``(1) at least 1-- ``(A) long-term care and rehabilitation facility; or ``(B) home personal care service provider; and ``(2) at least 1-- ``(A) hospital or health system; ``(B) labor organization or labor-management partnership; ``(C) community-based aging service provider; ``(D) patient-centered medical home; ``(E) federally qualified health center; ``(F) managed care entity, including a managed health and long-term care program; ``(G) entity that provides health services training; ``(H) State-based public entity engaged in building new roles and related curricula for direct-care workers; or ``(I) any other entity that the Assistant Secretary deems eligible based on integrated care criteria. ``(d) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include-- ``(1) a description of the care coordination and service delivery models of the entity, detailed on a general, organizational, and staff level; ``(2) a description of how the demonstration project carried out by the entity will improve care quality, including specific objectives and anticipated outcomes that will be used to measure success; and ``(3) a description of how the coordinated care team approach with an enhanced role for the direct-care worker under the demonstration project will increase efficiency and cost effectiveness compared to past practice. ``(e) Planning Awards Under Demonstration Program.-- ``(1) In general.--Each eligible entity that receives a grant under this section shall receive a grant for planning activities related to the demonstration project to be carried out by the entity, including-- ``(A) designing the implementation of the project; ``(B) identifying competencies and developing curricula for the training of participating direct-care workers; ``(C) developing training materials and processes for other members of the interdisciplinary care team; ``(D) articulating a plan for identifying and tracking cost savings gained from implementation of the project and for achieving long-term financial sustainability; and ``(E) articulating a plan for evaluating the project. ``(2) Amount and term.-- ``(A) Total amount.--The amount awarded under paragraph (1) for all grants shall not exceed $600,000. ``(B) Term.--Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 1 year after the grant is awarded. ``(f) Implementation Awards Under Demonstration Program.-- ``(1) In general.--Each eligible entity may receive a grant for implementation activities related to the demonstration project to be carried out by the entity, if the Assistant Secretary determines the entity-- ``(A) has successfully carried out the activities under the grant awarded under subsection (e); ``(B) offers a feasible plan for long-term financial sustainability; ``(C) has constructed a meaningful model of advancement for direct-care workers; and ``(D) aims to provide training to a sizeable number of direct-care workers and to serve a sizeable number of older individuals. ``(2) Use of funds.--The implementation activities described under paragraph (1) shall include-- ``(A) training of all care team members in accordance with the design of the demonstration project; and ``(B) evaluating the competency of all staff based on project design. ``(3) Evaluation and report.-- ``(A) Evaluation.--Each recipient of a grant under paragraph (1), in consultation with an independent evaluation contractor, shall evaluate-- ``(i) the impact of training and deployment of direct-care workers in advanced roles, as described in this section, within each participating entity on outcomes, such as direct-care worker job satisfaction and turnover, beneficiary and family caregiver satisfaction with services, rate of hospitalization of beneficiaries, and additional measures determined by the Secretary; ``(ii) the impact of such training and deployment on the long-term services and supports delivery system and resources; ``(iii) statement of the potential of the use of direct-care workers in advanced roles to lower cost and improve quality of care in the Medicaid program; and ``(iv) long-term financial sustainability of the model used under the grant and the impact of such model on quality of care. ``(B) Reports.--Not later than 180 days after completion of the demonstration program under this section, each recipient of a grant under paragraph (1) shall submit to the Secretary a report on the implementation of activities conducted under the demonstration project, including-- ``(i) the outcomes, performance benchmarks, lessons learned from the project; ``(ii) a statement of cost savings gained from implementation of the project and how the cost savings have been reinvested to improve direct-care job quality and quality of care; and ``(iii) results of the evaluation conducted under subparagraph (A) with respect to such activities, together with such recommendations for legislation or administrative action for expansion of the demonstration program on a broader scale as the Secretary determines appropriate. ``(4) Amount and term.-- ``(A) Total amount.--The amount awarded under paragraph (1) for all grants shall not exceed $2,900,000. ``(B) Term.--Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 2 years after the grant is awarded.''.

Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2011 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Aging of the Department of Health and Human Services (HHS) to carry out a demonstration program awarding grants to eligible entities to carry out demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement.

A bill to amend the Older Americans Act of 1965 to develop and test an expanded and advanced role for direct care workers who provide long-term services and supports to older individuals in efforts to coordinate care and improve the efficiency of service delivery.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017'' or the ``SPEED Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``antenna'' means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services; (2) the term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Natural Resources of the House of Representatives; (3) the term ``Commission'' means the Federal Communications Commission; (4) the term ``communications facility installation'' includes-- (A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and (B) any antenna or apparatus that-- (i) is designed for the purpose of emitting or receiving radio frequency; (ii)(I) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; or (II) is using duly authorized devices that do not require individual licenses; and (iii) is added to a tower, building, support pole, or other structure; (5) the term ``covered easement'' means an easement, right- of-way, or lease to, in, over, or on a building or other property owned by the Federal Government, excluding tribal land held in trust by the Federal Government (unless the tribal government of such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility installation; (6) the term ``public right-of-way''-- (A) means-- (i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and (ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and (B) does not include a Federal interstate highway; (7) the term ``small wireless facility'' means a wireless service facility that meets the size limitation, and any other applicable requirement, established by the Commission; (8) the term ``Streamlining Federal Siting Working Group'' or ``Working Group'' means the Streamlining Federal Siting Working Group of the Broadband Deployment Advisory Committee; (9) the term ``support pole'' means an upright pole or structure used or capable of being used to support a wireless service facility; (10) the term ``utility facility'' means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public; (11) the term ``wireless service'' means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis; and (12) the term ``wireless service facility'' means a facility for the provision of wireless service. SEC. 3. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITY INSTALLATIONS. No review shall be required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, as a condition of granting a covered easement for a communications facility installation if a covered easement has been granted for another communications facility installation or a utility facility with respect to the same building or other property owned by the Federal Government. SEC. 4. REGULATORY TREATMENT OF CERTAIN WIRELESS FACILITIES. (a) Exclusion of Small Cells From Review.--Notwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, and may not require any entity regulated by the Commission to perform, any review under that Act or division as a condition of permitting the placement and installation of a small wireless facility if the new small wireless facility-- (1)(A) will be located within a public right-of-way; and (B) is not higher than, or not substantially higher than (as that term is defined by the Commission), any existing structure in the public right of way; or (2) is-- (A) a replacement for an existing small wireless facility; and (B) the same as, or substantially similar to (as that term is defined by the Commission), the small wireless facility that the new small wireless facility is replacing. (b) Exclusion of Wireless Service Facilities in Public Rights-of- Way From Review.--Notwithstanding any provision of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code, the Commission shall not be required to perform, no Federal, State, or local authority shall be required to perform, and no Federal, State, or local authority may require any entity to perform, any review under that Act or division as a condition of permitting the placement and installation of a wireless service facility if-- (1)(A) the wireless service facility will be located in an existing public right-of-way; and (B) any new ground disturbance from the installation of the wireless service facility is limited to the existing public right-of-way; and (2) the antenna tower or support pole-- (A) is not more than 50 feet tall or 10 feet higher than any existing structure in the public right-of-way, whichever is higher; and (B) does not have guy wires. (c) Savings Clause.--Nothing in this section shall be construed to affect-- (1) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) except as explicitly provided in this section, the obligation of any provider of wireless service to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United States Code; or (3) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this section and sections 253, 332(c)(7), and 621 of the Communications Act of 1934 (47 U.S.C. 253, 332(c)(7), and 541). SEC. 5. GAO REPORT ON FEDERAL DELAYS IN SITING TELECOMMUNICATIONS EQUIPMENT ON FEDERAL LAND. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study, and submit a report to the appropriate committees of Congress, that includes-- (1) an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop-- (A) standard procedures for communications facility installation siting, including a standard duration of leases and easements; (B) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and (C) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations; and (2) recommendations, if any, for how Congress and the Commission can address the challenges and reduce the administrative delays identified under paragraph (1). SEC. 6. STREAMLINING FEDERAL SITING WORKING GROUP REPORT. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Streamlining Federal Siting Working Group shall submit a report to the appropriate committees of Congress that contains an analysis of the challenges to and administrative delays in efficiently siting communications facility installations on Federal land, including whether, in order to increase the efficiency of such siting, it is necessary to develop-- (1) standard procedures for communications facility installation siting, including a standard duration of leases and easements; (2) methods that Federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting; and (3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations. (b) Final Report.--Not later than 120 days after the date of enactment of this Act, the Working Group shall submit a report to the appropriate committees of Congress on the final findings and recommendations of the Working Group described in subsection (a).

Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017 or the SPEED Act This bill exempts certain broadband infrastructure project actions, including granting a covered easement, placement and installation of a small wireless facility, and placement and installation of a wireless service facility located in an existing public right-of-way, from environmental review requirements under the National Environmental Policy Act of 1969. The bill requires the Government Accountability Office to study and report about challenges to and administrative delays in efficiently siting communications facility installations on federal land, and to provide recommendations for how Congress and the Federal Communications Commission (FCC) can address such challenges and reduce delays identified in the report. The FCC Broadband Deployment Advisory Committee's Streamlining Federal Siting Working Group must submit a report analyzing the challenges to and administrative delays in efficiently siting communications facility installations on federal land, including whether it is necessary to develop: (1) standard procedures for communications facility installation siting, (2) methods that federal agencies may use to identify and report on coverage gaps and deficiencies in communications facility installation siting, and (3) procedures for creating and maintaining a publicly accessible inventory of space that can be used to attach or install communications facility installations.

Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Cyber Joint Duty Program Act of 2018''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' under section 105 of title 5, United States Code. (2) Cyber position.--The term ``cyber position'' means a position identified as having information technology, cybersecurity, or other cyber-related functions under section 303 of the Federal Cybersecurity Workforce Assessment Act of 2015 (Public Law 114-113; 5 U.S.C. 301 note). (3) Director.--The term ``Director'' means the Director of the Office of Personnel Management. (4) Employee.--The term ``employee'' has the meaning given that term in section 2105 of title 5, United States Code. (5) Joint cyber position.--The term ``joint cyber position'' means a position that-- (A) is a cyber position; (B) is in the competitive service (as defined in section 2102 of title 5, United States Code) in an agency; and (C) that requires or provides experience with information technology, cybersecurity, or other cyber- related functions that relate to multiple agencies, as determined by the Director. (6) Rotational cyber position.--The term ``rotational cyber position'' means a joint cyber position designated to be filled only as part of rotational service under section 4. SEC. 3. JOINT CYBER POSITIONS. (a) Preparation of List.--The Director, in consultation with the heads of agencies, shall develop a list of joint cyber positions. (b) Designation for Rotational Service.--The head of each agency may designate a joint cyber position in that agency as a rotational cyber position if the head of the agency determines it appropriate. (c) Distribution of List.--The Director shall annually distribute an updated list of joint cyber positions to the head of each agency and other appropriate entities that includes-- (1) the title, agency, and duty location for the joint cyber position; (2) whether the joint cyber position is a rotational cyber position; and (3) whether the position is vacant or is expected to become vacant within a year. (d) Competitive Appointment.-- (1) In general.--Except as provided in paragraph (2), the head of an agency shall make appointments to joint cyber positions (including rotational cyber positions) in a fully open and competitive manner that is consistent with the merit system principles set forth in paragraphs (1) and (2) of section 2301(b) of title 5, United States Code. (2) Waiver.--The Director may waive the requirements on appointments under paragraph (1). SEC. 4. ROTATIONAL SERVICE. (a) In General.--An employee serving in a cyber position in an agency may submit an application for appointment to a rotational cyber position in that agency or another agency. (b) Term.-- (1) In general.--Except as provided in paragraph (2), and notwithstanding section 3341 of title 5, United States Code, an appointment to a rotational cyber position shall be for a period of not less than 1 year and not longer than 3 years. (2) Waiver.--The Chief Human Capital Officer of an agency may waive the limitation on the period of an appointment under paragraph (1). (c) Appointment to Positions in Other Agencies.-- (1) Detail on a nonreimbursable basis.--Service by an employee in a rotational cyber position in an agency that is not the agency employing the employee-- (A) shall constitute a detail of the employee from the agency employing the employee; and (B) shall be performed without reimbursement. (2) Return to prior position.--An employee performing service in a rotational cyber position in an agency that is not the agency employing the employee shall be entitled to return to the position held by the employee in the agency employing the employee within a reasonable period of time after the end of the period of service. (d) Personnel Law Matters.--An employee performing service in a rotational cyber position in an agency that is not the agency employing the employee shall have all the rights that would be available to the employee if the employee was detailed or appointed under a provision of law other than this Act from the agency employing the employee to the agency in which the rotational cyber position is located. SEC. 5. REPORTING. The Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives an annual report on the program under this Act, which shall include statistics about the efficacy of the program, including-- (1) the number of joint cyber positions identified, by agency; (2) the number of rotational cyber positions designated by each agency; (3) the number of applicants for and employees appointed to a rotational cyber position, by agency; and (4) the number and identity of agencies that have 1 or more joint cyber positions in the agency and did not designate any positions in the agency as rotational cyber positions.

Federal Cyber Joint Duty Program Act of 2018 This bill requires the Office of Personnel Management to develop a list of joint cyber positions (which are positions in the competitive service that require or provide experience with information technology, cybersecurity, or other cyber-related functions that relate to multiple agencies) that shall be distributed annually to federal agencies. Each agency may designate a joint cyber position as a rotational cyber position, which will allow an employee serving in a cyber position to submit an application for a competitive appointment to a rotational cyber position in that agency or another agency.

Federal Cyber Joint Duty Program Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal Conservation and Habitat Restoration Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Coastal political subdivision.--The term ``coastal political subdivision'' means a county, parish, or other equivalent subdivision of a Coastal State, all or part of which, on the date of the enactment of this Act, lies within the boundaries of the coastal zone of the State, as identified in the coastal zone management program of the State approved under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). (2) Coastal state.--Except as otherwise provided, the term ``coastal State'' shall have the meaning given such term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) (3) Coastal zone.--The term ``coastal zone'' means the coastal zone as determined under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) on the date of the enactment of this Act. (4) Coastline.--The term ``coastline'' has the meaning given the term ``coast line'' in section 2(c) of the Submerged Lands Act (43 U.S.C. 1301(c)). (5) Fund.--The term ``Fund'' means the Coastal Conservation and Habitat Restoration Fund established by section 3. (6) Plan.--The term ``Plan'' means a Coastal Conservation and Habitat Restoration Plan described in section 4. (7) Qualified outer continental shelf revenues.--The term ``qualified outer Continental Shelf revenues'' means all amounts received by the United States, from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)) (or lying within that zone but to which such section 8(g) does not apply), including bonus bids, rents, royalties (including payments for royalties taken in kind and sold), net profit share payments, and related interest. (8) Secretary.--The term ``Secretary'' means the Secretary of Commerce. SEC. 3. COASTAL CONSERVATION AND HABITAT RESTORATION FUND. (a) Establishment.--There is established in the Treasury of the United States a separate account to be known as the ``Coastal Conservation and Habitat Restoration Fund''. (b) Deposited Amounts.--The Secretary of the Treasury shall deposit into the Fund for each fiscal year, without further appropriation, the following amounts: (1) Digital transition and public safety fund.--Amounts deposited in the Digital Transition and Public Safety Fund that exceed $11,000,000,000. (2) Royalty revenues.--During each of the fiscal years 2006 through 2016, an amount equal to the amount of all qualified outer Continental Shelf revenues attributable to royalties received by the United States during the previous fiscal year that are in excess of the following amount for the applicable year: (A) $7,000,000,000 in the case of royalties received in fiscal year 2006. (B) $8,300,000,000 in the case of royalties received in fiscal year 2007. (C) $9,500,000,000 in the case of royalties received in fiscal year 2008. (D) $9,100,000,000 in the case of royalties received in fiscal year 2009. (E) $9,600,000,000 in the case of royalties received in fiscal year 2010. (F) $9,650,000,000 in the case of royalties received in fiscal year 2011. (G) $9,100,000,000 in the case of royalties received in fiscal year 2012. (H) $10,900,000,000 in the case of royalties received in fiscal year 2013. (I) $10,900,000,000 in the case of royalties received in fiscal year 2014. (J) $11,000,000,000 in the case of royalties received in fiscal year 2015. (K) $11,100,000,000 in the case of royalties received in fiscal year 2016. (3) Bonus bids.--During the fiscal years 2006 through 2016, an amount equal to the amount of all qualified outer Continental Shelf revenues attributable to bonus bids received by the United States that are in excess of $850,000,000 during the previous fiscal year. (4) Ocean activities.--During a fiscal year after 2016, an amount equal to 50 percent of all qualified outer Continental Shelf revenues received by the United States during the preceding fiscal year. (5) Other funds.--Any other amounts that are appropriated to the Fund. (c) Apportionment of Funds.-- (1) In general.--The Secretary shall use amounts in the Fund remaining after the application of subsection (d), without further appropriation, to make payments to each coastal State, if the Secretary has approved a Plan for such State under section 4, during December of 2005, and December of each year thereafter, from revenues in the Fund based upon calculations from revenues generated in the immediately preceding fiscal year. (2) Allocation.--The payments made under paragraph (1) shall be allocated as follows: (A) 20 percent shall be apportioned among the coastal States so that the ratio of the amount apportioned to each coastal State under this subparagraph bears to the total amount so apportioned for the fiscal year is equal to the ratio that the coastline of such State bears to the total coastline of all coastal States, as determined by the Secretary. (B) 40 percent shall be apportioned among the coastal States so that the ratio of the amount apportioned to each coastal State under this subparagraph bears to the total amount so apportioned for the fiscal year is equal to the ratio that the average qualified outer Continental Shelf revenues generated off the coastline of such State over the previous 40 year period to the average qualified outer Continental Shelf revenues generated off the coastline of all coastal States over the previous 40 year period. (C) 40 percent shall be apportioned among the coastal States so that the ratio of the amount apportioned to each coastal State under this subparagraph bears to the total amount so apportioned is equal to the ratio of qualified outer Continental Shelf revenues generated off the coastline of a coastal State for the previous fiscal year to the qualified outer Continental Shelf revenues generated off the coastline of all coastal States during the previous fiscal year. (3) Payments to coastal political subdivisions.-- (A) In general.--The Secretary shall pay 35 percent of the amount allocated to each coastal State, as determined under paragraph (2), to the coastal political subdivisions of such coastal State. (B) Allocation.--Of the amount paid to coastal political subdivisions of a coastal State under subparagraph (A), 100 percent shall be apportioned among such coastal political subdivisions so that the ratio of the amount apportioned to each coastal political subdivision under this subparagraph bears to the total amount so apportioned for the fiscal year for the coastal State is equal to the ratio that the coastline of such coastal political subdivision bears to the total coastline of the coastal State, as determined by the Secretary. (4) Determination of qualified outer continental shelf revenues.--For purposes of paragraph (2), qualified outer Continental Shelf revenues shall be considered to be generated off the coastline of a State if such revenues were produced within the area offshore of the State identified as the Federal Outer Continental Shelf administrative boundary of the State by the Director of the Minerals Management Service in the notice published January 3, 2006, entitled Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf (71 Fed. Reg. 127). (5) Notification.--The Secretary shall notify each coastal State of its apportionment and the amounts of such apportionment shall be available to such State to carry out activities described in such State's approved Plan. (6) Reapportionment.--Any amount of any apportionment under this subsection that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given and the two fiscal years thereafter shall be reallocated by the Secretary in accordance with paragraph (2). (7) Treatment of states.-- (A) Special rule for apportionment.--For the purposes of payment and allocation under paragraphs (1) and (2), Puerto Rico, the Virgin Islands, Guam, and American Samoa-- (i) shall be treated collectively as one coastal State; and (ii) shall each be allocated an equal share of any amount distributed to them pursuant to paragraph (2). (B) Other purposes.--Each of the areas referred to in subparagraph (A) shall be treated as a State for all other purposes of this Act. (d) Administrative Costs.--The Secretary may use not more than \1/ 2\ of 1 percent of the amount in the Fund during a fiscal year to pay the administrative costs of implementing this Act. SEC. 4. COASTAL CONSERVATION AND HABITAT RESTORATION PLAN. (a) Requirement for Plan.-- (1) In general.--The Secretary may provide amounts from the Fund to a coastal State under section 3 only if the Secretary has approved a Coastal Conservation and Habitat Restoration Plan for such coastal State as described in this section. (2) Plans by political subdivision.--The Governor shall include in the Plan submitted by the State any Plan prepared by a coastal political subdivision of the State. (b) Content of Plan.--A Plan submitted under this section shall include activities to be carried out-- (1) to implement a management program approved under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455); (2) to conserve and restore coastal lands and wetlands, including measures to address subsidence; (3) to protect areas of the coastal zone from damage attributable to natural disasters, including activities to protect property and lives from natural disasters; (4) to improve the knowledge and understanding of coastal habitats, including the acquisition and installation of equipment designed to collect data on such habitats; (5) to restore fisheries and coastal habitat; and (6) to mitigate and prevent damages from offshore activities carried out in or near the coastal zone. (c) Requirement for Public Participation.--In the development of the Plan, the Governor and the coastal political subdivision shall-- (1) solicit local input; and (2) provide for public participation. (d) Schedule for Review.--Not later than 90 days after a Plan of a State is submitted under this subsection, the Secretary shall approve or disapprove the plan. (e) Amendments or Modification.--Any amendment to or revision of a plan approved under this section shall be-- (1) prepared and submitted in accordance with the requirements of this section; and (2) approved or disapproved by the Secretary not later than 90 days after such amendment or revision is submitted. (f) Use of Funds.--A coastal State and a coastal political subdivision shall use any grant received under this Act-- (1) to carry out activities described in the Plan for such coastal State approved by the Secretary in a manner that is consistent with Federal and State law; and (2) for any payment that is eligible to be made with funds provided to States under section 35 of the Mineral Leasing Act (30 U.S.C. 191). (g) Improper Use of Funds.--If the Secretary determines that an expenditure made by a coastal State or coastal political subdivision is not in accordance with the approved Plan of the State (including any plan of a coastal political subdivision included in the plan of the State), the Secretary shall not disburse any additional amount under this Act to such State or subdivision until-- (1) the amount of the expenditure is repaid to the Secretary; or (2) the Secretary approves an amendment to the plan that authorizes the expenditure. (h) Requirement for Signage.--The Secretary shall require, as a condition of any allocation of funds provided under this section, that Coastal State or coastal political subdivision shall include on any sign installed at a site at or near an entrance or public use area for which funds provided under this Act are used a statement that the existence or development of the site is a product of those funds. (i) Annual Report.-- (1) Requirement for report.--The Governor of a Coastal State, in coordination with the coastal political subdivisions of that State, shall submit an annual report to the Secretary that describes all funds received under this Act during the previous fiscal year and the use of such funds. (2) Incorporation by reference.--The annual report required by paragraph (1) may incorporate by reference any other report required to be submitted under another provision of law. SEC. 5. ARBITRATION. The Secretary may require, as a condition of any payment under this section, that a coastal State or coastal political subdivision shall submit to arbitration-- (1) any dispute between the Coastal State or coastal political subdivision and the Secretary regarding implementation of this Act; and (2) any dispute between the Coastal State and political subdivision regarding implementation of this Act, including any failure to include in the plan submitted by the State under section 3 any spending plan of the coastal political subdivision. SEC. 6. CONSTRUCTION. Nothing in this Act shall be construed as repealing, superseding, modifying, or otherwise affect any authority or moratoria regarding leasing of offshore energy resources in effect on the date of enactment of this Act.

Coastal Conservation and Habitat Restoration Act of 2006 - Establishes the Coastal Conservation and Habitat Restoration Fund. Provides for the deposit into the Fund of specified amounts from the Digital Transition and Public Safety Fund and royalties from Outer Continental Shelf Fund revenues. Allocates Fund amounts in the form of grants to coastal states that have an approved Coastal Conservation and Habitat Restoration Plan that includes activities for coastal zone management, coastal wetlands conservation, coastal land protection, and fisheries habitat restoration.

A bill to establish a Conservation and Habitat Restoration Fund and to require the Secretary of Commerce to provide grants to States for coastal zone management, coastal wetlands conservation, coastal land protection, and fisheries habitat restoration, and to improve understanding of coastal areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Identity Protection Act of 2006''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Department of Veterans Affairs is responsible by law for safeguarding and holding confidential the records of the Department that contain personal identifying information about present and former members of the Armed Forces and their family members; and (2) it is the responsibility of the Department when such identifying information is lost or compromised due to the carelessness of the Department or its employees to assist those individuals whose identifying information is affected in mitigating any affect of that loss or compromise. SEC. 3. OFFICE OF IDENTITY PROTECTION IN DEPARTMENT OF VETERANS AFFAIRS. (a) Establishment.--There is established within the Department of Veterans Affairs an Office of Identity Protection. The Office shall be administered by a Director who shall be appointed by the Secretary. (b) Purpose.--The purpose of the Office shall be-- (1) to prevent the loss or compromise of personal identifying information (including name, social security number, financial records, and health records) about present and former members of the Armed Forces and their family members that is required by section 5701 of title 38, United States Code, or any other provision of law to be held confidential and privileged and protected from disclosure except as authorized by law; and (2) to assist any person whose personal identifying information referred to in paragraph (1) is or may have been compromised by the Department or a Department employee in mitigating the effect of any such compromise. (c) Responsibilities.--The Secretary of Veterans Affairs, acting through the Office of Veterans Identity Protection, shall-- (1) whenever there is a loss or compromise of personal identifying information described in subsection (b)(1), notify each individual whose personal identifying information was lost or compromised of that loss or compromise; (2) contract with national credit reporting agencies to provide one credit report every six months for three years, without charge to the recipient, to any individual whose personal identifying information held by the Department of Veterans Affairs is or may have compromised due to the carelessness of the Department or its employees in violation of section 5701 of title 38, United States Code, or any other provision of law; (3) offer a 24-hour toll-free telephone number and a website for individuals described in paragraph (2) to provide them information regarding access to credit reporting services; (4) work in coordination with the Department of Defense and the Federal Trade Commission to ensure that active-duty military personnel, especially those deployed in combat zones, have access to credit reporting services; and (5) make available to present and former members of the Armed Forces and their family members, through internet web pages, outreach activities, and other appropriate means, information on possible fraudulent consumer credit or reporting services that may be aimed at present or former members of the Armed Forces. (d) Agencies to Be Notified.--The Office shall be responsible for ensuring that the Department of Justice and the Federal Trade Commission are notified immediately when the Department of Veterans Affairs knows or suspects that personal data in the records of the Department have been compromised. SEC. 4. INSPECTOR GENERAL REPORT ON DATA SECURITY PRACTICES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Study.--The Inspector General of the Department of Veterans Affairs shall conduct a study of the data security practices of the Department, including practices relating to access to personal identifying information held by the Department and the authorization process for removing such data from secure custody in the files of the Department. (b) Report.--Not later than six months after the date of the enactment of this Act, the Inspector General shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report providing the results of the study under subsection (a). SEC. 5. CRIMINAL PENALTY. Any officer or employee of the Department of Veterans Affairs who, except as authorized by law or by the Secretary of Veterans Affairs, removes from the custody of the Department of Veterans Affairs any file, record, report, or document of the Department of Veterans Affairs that is subject to section 5701 of title 38, United States Code, shall be fined as provided in title 18, United States Code, or imprisoned not more than 2 years, or both.

Veterans Identity Protection Act of 2006 - Expresses the sense of Congress that it is the responsibility of the Department of Veterans Afffairs: (1) to safeguard Department records that contain personal identifying information about present and former members of the Armed Forces and their family members; and (2) when such information is lost or compromised due to the carelessness of the Department or one of its employees, to assist the affected individuals in mitigating the effects of such loss or compromise. Establishes within the Department an Office of Identity Protection to prevent such loss or compromise of information and to assist affected individuals. Directs the Department's Inspector General to conduct a study of Department data security practices. Provides criminal penalties for Department officers or employees who remove from Department custody any protected personnel file, record, report, or document.

To enhance protection of records of the Department of Veterans Affairs containing personal identifying information that is required by law to be confidential and privileged from disclosure except as authorized by law.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Education and Training for Health Act of 2014'' or the ``EAT for Health Act of 2014''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2012, United States health care spending was approximately $8,233 per resident and accounted for 17.6 percent of the Nation's gross domestic product. This is among the highest of all industrialized countries. (2) Expenditures in the United States on health care surpassed $2.6 trillion in 2011, more than three times the $714 billion spent in 1990, and over eight times the $253 billion spent in 1980. (3) Estimates of health care costs attribute over 75 percent of national health expenditures to treatment for chronic diseases. (4) A March 2003 report from the World Health Organization concluded diet was a major cause of chronic diseases. (5) Seven out of 10 deaths among people in the United States each year are from chronic diseases such as cardiovascular disease, obesity, diabetes, and cancer. (6) Approximately 81.1 million American adults in the United States have at least one form of cardiovascular disease. Approximately 2,300 American adults in the United States die every day from cardiovascular disease. In 2010, cardiovascular disease cost American taxpayers $189.4 billion. The American Heart Association estimates that, by 2030, direct costs related to cardiovascular disease will triple to around $818 billion. (7) Research has shown that following a healthful diet can not only reduce symptoms related to cardiovascular disease but also actually reverse damage done to the arteries. (8) Two-thirds of adults in the United States are currently overweight, and half of those overweight individuals are obese. One in three children are now overweight, and one-fifth of children are obese. In 2008, direct medical costs associated with obesity totaled $147 billion. (9) An estimated 25.8 million people in the United States have diabetes. Another 79 million American adults in the United States have prediabetes. The Centers for Disease Control and Prevention predict that one in three children born in 2000 will develop diabetes at some point in their lives. Total estimated costs of diagnosed diabetes have increased 41 percent, to $245 billion in 2012 from $174 billion in 2007. Research shows that reducing fat in the diet can reverse the symptoms of type 2 diabetes, not just ``manage'' the symptoms. (10) Cancer kills approximately 570,000 Americans each year, accounting for one in four deaths. More than 1.5 million new cancer cases are diagnosed annually. In 2010, the direct costs of cancer were $102.8 billion. Estimates expect that number to rise to $172 billion by 2020. (11) According to the Journal of the American College of Nutrition, physicians feel inadequately trained to provide proper nutrition advice. Ninety-four percent feel nutrition counseling should be included during primary care visits, but only 14 percent felt adequately trained to provide such counseling. (12) A 1985 National Academy of Sciences report recommended that all medical schools require at least 25 contact hours of nutrition education. In 2004, only 38 percent of medical schools met these minimum standards by requiring 25 hours of nutrition education as part of their general curricula. By 2010, that number had shrunk to 27 percent. (13) In 2004, 30 percent of United States medical schools required a dedicated nutrition course. In 2010, only 25 percent of such schools required such a course. (14) According to a 2009 national survey of medical colleges published in Academic Medicine, more than half of graduating medical students feel their nutrition education is insufficient. SEC. 3. DEPARTMENT OF HEALTH AND HUMAN SERVICES GUIDELINES, AND FEDERAL AGENCIES ANNUAL REPORTS, RELATING TO CERTAIN PRIMARY CARE FEDERAL HEALTH PROFESSIONALS COMPLETING CONTINUING MEDICAL EDUCATION ON NUTRITION. (a) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue guidelines to Federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have at least 6 credits of continuing medical education courses relating to nutrition (as described in subsection (c)). (b) Annual Reports.--For 2016 and each subsequent year, the head of each Federal agency that employs full-time primary care health professionals shall submit to Congress a report attesting, in a form and manner specified by the Secretary of Health and Human Services, to the extent to which the agency has adopted and enforced the guidelines issued under subsection (a) with respect to such professionals employed by such agency during any portion of the previous year. If the agency, with respect to such previous year, did not fully adopt and enforce such guidelines with respect to such professionals, the head of the agency shall include in the report for the year the percentage of such professionals employed by such agency to furnish primary care services who during such previous year completed 6 credits of continuing medical education courses relating to nutrition (as described in subsection (c)). (c) Continuing Medical Education Relating to Nutrition.--For purposes of subsections (a) and (b), continuing medical education courses relating to nutrition shall include at least courses on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer. (d) Definitions.--For purposes of this Act: (1) Primary care health professional.--The term ``primary care health professional'' means a physician or nurse practitioner who furnishes primary care services. (2) Nurse practitioner.--The term ``nurse practitioner'' has the meaning given such term in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5)). (3) Physician.--The term ``physician'' has the meaning given such term in section 1861(r)(1) of the Social Security Act (42 U.S.C. 1395x(r)(1)). (4) Primary care services.--The term ``primary care services'' has the meaning given such term in section 1842(i)(4) of the Social Security Act (42 U.S.C. 1395u(i)(4)), but shall include such services furnished by a nurse practitioner as would otherwise be included if furnished by a physician.

Education and Training for Health Act of 2014 or the EAT for Health Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to issue guidelines to federal agencies for developing procedures and requirements to ensure that every primary care health professional employed full-time for such agencies have at least six credits of continuing medical education courses relating to nutrition. Requires these to include at least courses on the role of nutrition in the prevention, management, and, as possible, reversal of obesity, cardiovascular disease, diabetes, and cancer. Requires each agency employing such primary care professionals to report to Congress annually on the extent to which it has adopted and enforced the guidelines issued under this Act with respect to those employed during any portion of the previous year.

EAT for Health Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Inpatient Rehabilitation Therapy Act of 2014''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Intensive, coordinated medical rehabilitation provided in inpatient rehabilitation hospitals and units is critical to Medicare beneficiaries with injuries, illnesses, disabilities, and chronic conditions in order to return to health, full function, independent living, and a high quality of life. (2) The Centers for Medicare & Medicaid Services (in this section referred to as ``CMS'') uses an ``intensity of therapy'' requirement to help determine which Medicare beneficiaries are appropriate for treatment in an inpatient rehabilitation hospital or unit. CMS has interpreted the intensity of therapy requirement through application of the so- called ``Three Hour Rule'' (42 C.F.R. 412.622(a)(3)(ii)) which requires the patient to be able to participate in three hours of rehabilitation therapy per day, five days per week, or 15 hours of rehabilitation therapy over a one-week period. (3) Before 2010, CMS regulations explicitly stated that physical therapy, occupational therapy, speech therapy, and/or orthotics and prosthetics were counted toward the Three Hour Rule on an as-needed basis. In addition, CMS regulations stated that ``other therapeutic modalities'' that were determined by the physician and the rehabilitation team to be needed by the patient ``on a priority basis'' would qualify toward satisfaction of the rule (HCFA Ruling 85-2). (4) This language allowed recreational therapy to count toward satisfaction of the Three Hour Rule for patients who required this mix of therapies on a priority basis in the inpatient rehabilitation hospital or unit setting. (5) CMS by regulation (74 Fed. Reg. 39811 (August 7, 2009)) revised these prior regulations, effective January 1, 2010, by limiting the Three Hour Rule to recognize only four services (namely, physical, occupational, and speech therapy as well as orthotics and prosthetics) and removing the discretion of the physician and the rehabilitation team to count other therapeutic services needed by the patient toward satisfaction of the Three Hour Rule. As a result, recreational therapy services are often not available to patients who require medically necessary recreational therapy as part of their plan of care. (6) Recreational therapy is a treatment service designed to restore, remediate, and rehabilitate a patient's level of functioning and independence in life activities, to promote health and wellness as well as to reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition. Recreational therapy in the inpatient rehabilitation hospital and unit setting is provided by qualified recreational therapists when required by the patient's condition and prescribed by a physician as part of a patient's plan of care. (b) Purpose.--It is the purpose of this Act to restore reliance on the professional judgment of the treating physician and the rehabilitation team when determining whether a Medicare patient meets the intensity of therapy requirement of an inpatient rehabilitation hospital or unit in order for that patient to gain access to the appropriate mix of medically necessary therapeutic rehabilitation services in that setting, including physical therapy, occupational therapy, and, as needed, speech therapy, orthotics and prosthetics, and recreational therapy. SEC. 3. INCLUDING RECREATIONAL THERAPY AMONG THE THERAPY MODALITIES THAT CONSTITUTE AN INTENSIVE REHABILITATION THERAPY PROGRAM IN DETERMINING THE MEDICAL NECESSITY OF SERVICES IN AN INPATIENT REHABILITATION FACILITY (IRF). (a) In General.--Section 1886(j) of the Social Security Act (42 U.S.C. 1395ww(j)) is amended by adding at the end the following new paragraph: ``(9) Including recreational therapy among therapy modalities that constitute an intensive rehabilitation therapy program in a rehabilitation facility.--The Secretary shall include recreational therapy services among the therapeutic modalities that constitute an intensive rehabilitation program in determining (pursuant to applicable regulations) whether inpatient services in a rehabilitation facility are reasonable and necessary under section 1862(a)(1)(A).''. (b) Effective Date.--The amendment made by section (a) shall apply to services furnished on or after January 1, 2015.

Access to Inpatient Rehabilitation Therapy Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to include recreational therapy services among the therapeutic modalities that constitute an intensive rehabilitation therapy program in determining whether inpatient services in an inpatient rehabilitation facility are reasonable and necessary.

Access to Inpatient Rehabilitation Therapy Act of 2014

SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``National Museum of the American Indian Act Amendments of 1996''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the National Museum of the American Indian Act (20 U.S.C. 80q et seq.). SEC. 2. BOARD OF TRUSTEES. Section 5(f)(1)(B) (20 U.S.C. 80q-3(f)(1)(B)) is amended by striking ``an Assistant Secretary'' and inserting ``a senior official''. SEC. 3. INVENTORY. (a) In General.--Section 11(a) (20 U.S.C. 80q-9(a)) is amended-- (1) by striking ``(1)'' and inserting ``(A)''; (2) by striking ``(2)'' and inserting ``(B)''; (3) by inserting ``(1)'' before ``The Secretary''; and (4) by adding at the end the following new paragraphs: ``(2) The inventory made by the Secretary of the Smithsonian Institution under paragraph (1) shall be completed not later than June 1, 1998. ``(3) For purposes of this subsection, the term `inventory' means a simple, itemized list that, to the extent practicable, identifies, based upon available information held by the Smithsonian Institution, the geographic and cultural affiliation of the remains and objects referred to in paragraph (1).''. (b) Authorization of Appropriations.--Section 11(f) (20 U.S.C. 80q- 9(f)) is amended by striking ``to carry out this section'' and inserting ``to carry out this section and section 11A''. SEC. 4. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY OBJECTS, SACRED OBJECTS, AND CULTURAL PATRIMONY. The National Museum of the American Indian Act (20 U.S.C. 80q et seq.) is amended by inserting after section 11 the following new section: ``SEC. 11A. SUMMARY AND REPATRIATION OF UNASSOCIATED FUNERARY OBJECTS, SACRED OBJECTS, AND CULTURAL PATRIMONY. ``(a) Summary.--Not later than December 31, 1996, the Secretary of the Smithsonian Institution shall provide a written summary that contains a summary of unassociated funerary objects, sacred objects, and objects of cultural patrimony (as those terms are defined in subparagraphs (B), (C), and (D), respectively, of section 2(3) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(3)), based upon available information held by the Smithsonian Institution. The summary required under this section shall include, at a minimum, the information required under section 6 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3004). ``(b) Repatriation.--Where cultural affiliation of Native American unassociated funerary objects, sacred objects, and objects of cultural patrimony has been established in the summary prepared pursuant to subsection (a), or where a requesting Indian tribe or Native Hawaiian organization can show cultural affiliation by a preponderance of the evidence based upon geographical, kinship, biological, archaeological, anthropological, linguistic, folkloric, oral traditional, historical, or other relevant information or expert opinion, then the Smithsonian Institution shall expeditiously return such unassociated funerary object, sacred object, or object of cultural patrimony where-- ``(1) the requesting party is the direct lineal descendant of an individual who owned the unassociated funerary object or sacred object; ``(2) the requesting Indian tribe or Native Hawaiian organization can show that the object was owned or controlled by the Indian tribe or Native Hawaiian organization; or ``(3) the requesting Indian tribe or Native Hawaiian organization can show that the unassociated funerary object or sacred object was owned or controlled by a member thereof, provided that in the case where an unassociated funerary object or sacred object was owned by a member thereof, there are no identifiable lineal descendants of said member or the lineal descendants, upon notice, have failed to make a claim for the object. ``(c) Standard of Repatriation.--If a known lineal descendant or an Indian tribe or Native Hawaiian organization requests the return of Native American unassociated funerary objects, sacred objects, or objects of cultural patrimony pursuant to this Act and presents evidence which, if standing alone before the introduction of evidence to the contrary, would support a finding that the Smithsonian Institution did not have the right of possession, then the Smithsonian Institution shall return such objects unless it can overcome such inference and prove that it has a right of possession to the objects. ``(d) Museum Obligation.--Any museum of the Smithsonian Institution which repatriates any item in good faith pursuant to this Act shall not be liable for claims by an aggrieved party or for claims of fiduciary duty, public trust, or violations of applicable law that are inconsistent with the provisions of this Act. ``(e) Statutory Construction.--Nothing in this section may be construed to prevent the Secretary of the Smithsonian Institution, with respect to any museum of the Smithsonian Institution, from making an inventory or preparing a written summary or carrying out the repatriation of unassociated funerary objects, sacred objects, or objects of cultural patrimony in a manner that exceeds the requirements of this Act. ``(f) Native Hawaiian Organization Defined.--For purposes of this section, the term `Native Hawaiian organization' has the meaning provided that term in section 2(11) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(11)).''. SEC. 5. SPECIAL COMMITTEE. Section 12 (20 U.S.C. 80q-10) is amended-- (1) in the first sentence of subsection (a), by inserting ``and unassociated funerary objects, sacred objects, and objects of cultural patrimony under section 11A'' before the period; and (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``five'' and inserting ``7''; (B) in paragraph (1)-- (i) by striking ``three'' and inserting ``4''; and (ii) by striking ``and'' at the end; (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following: ``(2) at least 2 members shall be traditional Indian religious leaders; and''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

National Museum of the American Indian Act Amendments of 1996 - Amends the National Museum of the American Indian Act to require the Smithsonian Institution to: (1) complete the inventory of the Indian human remains and Indian funerary objects in the possession or control of the Smithsonian Institution by June 1998; (2) provide a written summary of unassociated funerary objects, sacred objects, and objects of cultural patrimony; and (3) expedite the repatriation of such objects where a requesting Indian tribe or Native Hawaiian organization can show cultural affiliation. Modifies certain provisions respecting the special committee to review the inventory, identification, and return of Indian human remains and Indian funerary objects.

National Museum of the American Indian Act Amendments of 1996

SECTION 1. TRANSFER OF FIREARMS REGULATION FUNCTIONS OF BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS. (a) In General.--The functions relating to the regulation of firearms which on April 29, 1993, were performed by the Bureau of Alcohol, Tobacco, and Firearms are hereby transferred from that Bureau to the Attorney General. (b) Delegation of Functions.--The Attorney General shall delegate to the Director of the Federal Bureau of Investigation the functions transferred under this section. (c) Property and Records.--The contracts, liabilities, records, property, and other assets and interests of, or made available in connection with, the functions transferred by this section are hereby transferred to the Attorney General for appropriate allocation. (d) Personnel.-- (1) In general.--The personnel employed in connection with the functions transferred by this section are hereby transferred to the Attorney General. (2) Effect.--Any full-time or part-time personnel employed in permanent positions shall not be separated or reduced in grade or compensation because of the transfer under this subsection during the 1-year period beginning on the date of the enactment of this Act. SEC. 2. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Bureau of Alcohol, Tobacco, and Firearms with respect to functions transferred by this Act-- (1) to the Secretary of the Treasury or the head of that bureau is deemed to refer to the Attorney General; and (2) to the Department of the Treasury or that bureau is deemed to refer to the Department of Justice or the Federal Bureau of Investigation, as appropriate. SEC. 3. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, contracts, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, by the head of the Bureau of Alcohol, Tobacco, and Firearms, the Secretary of the Treasury, any other Government official, or a court of competent jurisdiction, in the performance of functions of the head of the Bureau of Alcohol, Tobacco, and Firearms that are transferred by this Act, and (2) that are in effect on the date of the enactment of this Act (or become effective after such date pursuant to their terms as in effect on such date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Attorney General or other authorized official, or a court of competent jurisdiction, or by operation of law. (b) Proceedings.--The provisions of this Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending before the Bureau of Alcohol, Tobacco, and Firearms on the date of the enactment of this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (c) Suits.--The provisions of this Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the head of the Bureau of Alcohol, Tobacco, and Firearms, or by or against any individual in the official capacity of such individual as an officer of such bureau shall abate by reason of the enactment of this Act. (e) Continuance of Suits.--If, before the date of the enactment of this Act, any agency or officer thereof in the official capacity of such officer, is party to a suit, and under this Act any function of such agency or officer is transferred to the Attorney General or any other official of the Department of Justice, then such suit shall be continued with the Attorney General or other appropriate official of the Department of Justice substituted or added as a party. SEC. 4. AMENDMENTS TO INSPECTOR GENERAL ACT OF 1978. The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 8C(b)-- (A) by striking ``the Bureau of Alcohol, Tobacco, and Firearms,''; and (B) by striking ``Service,'' and inserting ``Service''; and (2) in section 9(a)(1)(L)-- (A) by striking ``the `Office of Internal Affairs, Bureau of Alcohol, Tobacco, and Firearms',''; and (B) by striking ``Service','' and inserting ``Service' ''. SEC. 5. REPEAL OF REQUIREMENT OF AUDIT BY COMPTROLLER GENERAL OF THE UNITED STATES. (a) Repeal.--Section 713 of title 31, United States Code, is repealed. (b) Conforming Amendment.--The table of sections at the beginning of chapter 7 of title 31, United States Code, is amended by striking the item relating to section 713. SEC. 6. RENAMING OF BUREAU. Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue such regulations as are necessary to rename the Bureau of Alcohol, Tobacco, and Firearms as appropriate to reflect the transfer of functions by this Act.

Transfers the functions of the Bureau of Alcohol, Tobacco, and Firearms (ATF) relating to the regulation of firearms from the Department of the Treasury to the Attorney General, who shall delegate them to the Director of the Federal Bureau of Investigation. Transfers ATF personnel employed in connection with the transferred functions to the Attorney General. Amends Federal law to repeal requirements for audits by the Comptroller General of ATF and the Internal Revenue Service. Provides for the renaming of ATF to reflect the transfer made by this Act.

To transfer all functions of the Bureau of Alcohol, Tobacco, and Firearms relating to the regulation of firearms from the Department of the Treasury to the Federal Bureau of Investigation.

SECTION 1. RESTRICTIONS ON TRANSFERS OR DISCHARGES OF NURSING FACILITY RESIDENTS IN THE CASE OF VOLUNTARY WITHDRAWAL FROM PARTICIPATION UNDER THE MEDICAID PROGRAM. (a) In General.--Section 1919(c)(2) of the Social Security Act (42 U.S.C. 1396r(c)(2)) is amended by adding at the end the following new subparagraph: ``(F) Continuing rights in case of voluntary withdrawal from participation.-- ``(i) In general.--In the case of a nursing facility that voluntarily withdraws from participation in a State plan under this title but continues to provide services of the type provided by nursing facilities-- ``(I) the facility's voluntary withdrawal from participation is not an acceptable basis for the transfer or discharge of residents of the facility who were residing in the facility on the day before the effective date of the withdrawal; ``(II) the provisions of this section continue to apply to such residents until the date of their discharge from the facility; and ``(III) in the case of each individual who begins residence in the facility after the effective date of such withdrawal, the facility shall provide notice orally and in a prominent manner in writing on a separate page at the time the individual begins residence of the information described in clause (ii) and shall obtain from each such individual at such time an acknowledgment of receipt of such information that is in writing, signed by the individual, and separate from other documents signed by such individual. Nothing in this subparagraph shall be construed as affecting any requirement of a participation agreement that a nursing facility provide advance notice to the State or the Secretary, or both, of its intention to terminate the agreement. ``(ii) Information for new residents.--The information described in this clause for a resident is the following: ``(I) The facility is not participating in the program under this title with respect to that resident. ``(II) The facility may transfer or discharge the resident from the facility at such time as the resident is unable to pay the charges of the facility, even though the resident may have become eligible for medical assistance for nursing facility services under this title. ``(iii) Continuation of payments and oversight authority.--Notwithstanding any other provision of this title, with respect to the residents described in clause (i)(I), a participation agreement of a facility described in clause (i) is deemed to continue in effect under such plan after the effective date of the facility's voluntary withdrawal from participation under the State plan for purposes of-- ``(I) receiving payments under the State plan for nursing facility services provided to such residents; ``(II) maintaining compliance with all applicable requirements of this title; and ``(III) continuing to apply the survey, certification, and enforcement authority provided under subsections (g) and (h) (including involuntary termination of a participation agreement deemed continued under this clause). ``(iv) Application to significant reductions of extent of participation.--The provisions of this subparagraph shall apply to a significant voluntary reduction in the extent of participation under a State plan in the case of a resident who, on (or within 90 days after) the effective date of the reduction, is entitled to medical assistance under this title with respect to nursing facility services in a manner similar to the manner in which this subparagraph applies to a voluntary withdrawal of participation. ``(v) No application to new residents.-- This paragraph (other than subclause (III) of clause (i) and so much of clause (iv) as the Secretary determines relates to such subclause) shall not apply to an individual who begins residence in a facility on or after the effective date of the withdrawal from participation under this subparagraph.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to voluntary withdrawals from participation (and significant reductions of extent of participation) occurring on or after the date of the enactment of this Act. (c) Report on Implementation.--Not later than 5 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the impact of the implementation of the amendment made by subsection (a) on nursing facilities, their residents, and medicaid beneficiaries. The report shall include-- (1) an analysis of the impact of changes in medicaid reimbursement rates for nursing facility services on the extent to which nursing facilities voluntarily withdraw from (or significantly reduce the extent of participation in) the medicaid program and on access to and quality of such services; and (2) recommendations for such legislative changes as the Secretary deems appropriate.

Amends title XIX (Medicaid) of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a facility's voluntary withdrawal from participation in the Medicaid program as long as such residents resided in the facility before the withdrawal. Requires a withdrawn facility to provide appropriate notice to new residents who begin residence after the withdrawal that the facility: (1) is not participating in the Medicaid program with respect to that resident; and (2) may transfer or discharge the resident from the facility at such time as the resident is unable to pay the charges of the facility, even though the resident may have become eligible for Medicaid's nursing facility services.

To amend title XIX of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a voluntary withdrawal from participation in the medicaid program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Prescription Drug Flexibility Act of 2001''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Access to prescription drugs is important to all Americans. (2) Many low-income individuals cannot afford to purchase the drugs prescribed by their doctors. Others skip doses or split pills contrary to their doctor's orders because they cannot afford to refill their prescriptions. (3) Low-income individuals who use their limited financial resources to obtain needed drugs may do so by foregoing other expenditures important to their health and well-being. (4) One of the objectives of the medicaid program set forth in section 1901 of the Social Security Act (42 U.S.C. 1396) is to enable each State, as far as practicable under the conditions in such State, to provide medical assistance on behalf of families with dependent children and of aged, blind, or disabled individuals, whose income and resources are insufficient to meet the costs of necessary medical services. (5) As part of carrying out this objective, every State has elected the option of providing prescription drugs as a benefit under the medicaid program, thereby providing an important means of increasing the access of low-income individuals to drugs prescribed by their doctors. (6) Section 1115 of the Social Security Act (42 U.S.C. 1315) provides the Secretary of Health and Human Services with broad authority to-- (A) approve any experimental, pilot, or demonstration project which, in the judgment of the Secretary, is likely to assist in promoting the objectives of the medicaid program; and (B) waive compliance with any of the State plan requirements of the medicaid program under section 1902 of the Social Security Act (42 U.S.C. 1396a), including paragraphs (14) (relating to limitations on cost sharing under section 1916 of that Act (42 U.S.C. 1396o)) and (54) (relating to applicable requirements of section 1927 of that Act (42 U.S.C. 1396r-8)), in order to conduct such a project. (7) Medicaid demonstration projects help promote the objectives of the medicaid program, including obtaining information about options for increasing access to prescription drugs for low-income individuals. (8) Both Maine and Vermont have, with the approval of the Secretary of Health and Human Resources, implemented demonstration projects to expand access to prescription drugs under the medicaid program. Thousands of individuals with no other prescription drug insurance benefits are enrolled in those programs. (9) Terminating medicaid demonstration projects prior to their planned expiration dates may result in a significant waste of public funds and may be detrimental to those individuals who have come to rely on such projects. SEC. 3. CLARIFICATION OF SECRETARIAL AUTHORITY WITH RESPECT TO TREATMENT OF CERTAIN PAYMENTS MADE IN AN APPROVED DEMONSTRATION PROJECT. (a) In General.--Section 1115 of the Social Security Act (42 U.S.C. 1315) is amended by adding at the end the following: ``(g) Notwithstanding any other provision of law, with respect to any experimental, pilot, or demonstration project conducted by a State that was approved by the Secretary under subsection (a) prior to January 31, 2001, and that waives compliance with, or makes inapplicable, certain requirements of section 1902 for the purposes of establishing an outpatient prescription drug program for residents of the State who are not otherwise eligible for medical assistance under title XIX-- ``(1) any expenditures, payments, or outlays by the State for covered outpatient drugs under the project shall be treated as payments made under the State plan under title XIX for covered outpatient drugs defined in section 1927(k)(2) for purposes of a rebate agreement under section 1927, regardless of whether such expenditures, payments, or outlays of the State are offset or reimbursed, in whole or in part, by rebates received under such an agreement; ``(2) any such expenditures, payments, or outlays by the State are consistent with the objectives of the medicaid program set forth in section 1901; ``(3) any such expenditures, payments, or outlays by the State shall be considered amounts expended for medical assistance in the form of prescribed drugs, as defined in section 1905(a)(12), under the State plan under title XIX; and ``(4) the requirements of section 1916 shall not apply with respect to any enrollment fees, premiums, deductions, copayments, cost sharing, or similar charges imposed upon individuals participating in such project.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of enactment of this Act and applies to State expenditures, payments, or outlays under an experimental, pilot, or demonstration project described in section 1115(g) of the Social Security Act (as added by subsection (a)) made before, on, or after such date.

Access to Affordable Prescription Drugs Act of 2001 - Amends title XI of the Social Security Act (SSA) with respect to any State-conducted demonstration project approved by the Secretary of Health and Human Services before January 1, 2001, that waives compliance with, or makes inapplicable, certain State plan requirements for establishing an outpatient prescription drug program for residents of the State not otherwise eligible for medical assistance under Medicaid (SSA title XIX). Provides that any expenditures by the State for covered outpatient drugs under the demonstration project will be treated as payments under the State Medicaid plan for covered outpatient drugs for purposes of a rebate agreement, regardless of whether such expenditures are offset or reimbursed, in whole or in part, by rebates received under such an agreement. States that such expenditures are consistent with the objectives of the Medicaid program and are to be considered amounts expended for medical assistance in the form of prescribed drugs under the State Medicaid plan. Makes certain Medicaid requirements inapplicable to any enrollment fees, premiums, deductions, copayments, cost sharing, or similar charges imposed upon individuals participating in the demonstration project.

To amend title XI of the Social Security Act to clarify that the Secretary of Health and Human Services has the authority to treat certain State payments made in an approved demonstration project as medical assistance under the Medicaid Program for purposes of a rebate agreement under section 1927 of the Social Security Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be referred to as the ``Farmer's Privacy Act of 2012''. SEC. 2. LIMITATION ON USE OF AERIAL SURVEILLANCE. (a) Aerial Surveillance Restricted.--Subject to subsection (b), in exercising any authority under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Administrator may not conduct aerial surveillance of agricultural land. (b) Exceptions.--The Administrator may conduct aerial surveillance of agricultural land under the Federal Water Pollution Control Act if the Administrator-- (1) has obtained the voluntary written consent of the owner or operator of the land to be surveilled in accordance with section 3; or (2) has obtained a certification of reasonable suspicion in accordance with section 4. SEC. 3. VOLUNTARY WRITTEN CONSENT. (a) Consent Required.--In order to conduct aerial surveillance under section 2(b)(1), the Administrator shall obtain from the owner or operator of the land to be surveilled written consent to such surveillance. (b) Contents.--The Administrator shall ensure that any written consent required under subsection (a)-- (1) specifies the period during which the consent is effective, which may not exceed one year; (2) contains a specific description of the geographical area to be surveilled; and (3) if requested by the owner or operator of the land to be surveilled, contains limitations on the days and times during which the surveillance may be conducted. (c) Assurance of Voluntary Consent.--The Administrator shall ensure that any written consent required under subsection (a) is granted voluntarily by the owner or operator of the land to be surveilled, and the Administrator may not threaten additional, more detailed, or more thorough inspections, or otherwise coerce or entice such owner or operator, in order to obtain such consent. SEC. 4. CERTIFICATION OF REASONABLE SUSPICION. (a) In General.--In order to conduct aerial surveillance under section 2(b)(2), the Administrator shall obtain a certification of reasonable suspicion from the United States District Court for the District of Columbia in accordance with this section. (b) Certification Requirements.--The court may issue to the Administrator a certification of reasonable suspicion if-- (1) the Administrator submits to the court an affidavit setting forth specific and articulable facts that would indicate to a reasonable person that a violation of the Federal Water Pollution Control Act exists in the area to be surveilled; and (2) the court finds that the Administrator has shown reasonable suspicion that an owner or operator of agricultural land in the area to be surveilled has violated the Federal Water Pollution Control Act. SEC. 5. DISCLOSURE OF INFORMATION. (a) In General.--Except as provided in subsection (c), or for the purposes of an investigation or prosecution by the Administrator as described in section 6, the Administrator may not disclose information collected through aerial surveillance conducted under section 2(b). (b) Applicability of FOIA.--Section 552 of title 5, United States Code, shall not apply to any information collected through aerial surveillance conducted under section 2(b) of this Act. (c) Right to Petition.--The owner or operator of land surveilled under this Act has the right to petition for copies of the information collected through such surveillance. SEC. 6. DESTRUCTION OF INFORMATION. The Administrator shall destroy information collected through aerial surveillance conducted under section 2(b) not later than 30 days after collection, unless the information is pertinent to an active investigation or prosecution by the Administrator. SEC. 7. RULE OF CONSTRUCTION. Nothing in this Act shall be interpreted as expanding the power of the Administrator to inspect, monitor, or conduct surveillance of agricultural lands pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or any other Federal law. SEC. 8. DEFINITIONS. In this Act: (1) Aerial surveillance.--The term ``aerial surveillance'' means any surveillance from the air, including-- (A) surveillance conducted from manned or unmanned aircraft; or (B) the use of aerial or satellite images, regardless of whether the images are publicly available. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency, or in the case of an action taken pursuant to a permit program approved under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342), the head of the State agency administering the program. (3) Agricultural land.--The term ``agricultural land'' means land used primarily for agricultural production, including cropland, grassland, prairie land, improved pastureland, rangeland, cropped woodland, marshes, reclaimed land, fish or other aquatic species habitat, and land used for agro-forestry or the production of livestock. (4) Court.--The term ``court'' means the United States District Court for the District of Columbia.

Farmer's Privacy Act of 2012 - Prohibits the Administrator of the Environmental Protection Agency (EPA), in exercising any authority under the Federal Water Pollution Control Act (commonly known as the Clean Water Act), from conducting aerial surveillance of agricultural land unless the Administrator has: (1) obtained the voluntary written consent of the owner or operator of the land to be surveilled, and (2) obtained from the U.S. District Court for the District of Columbia a certification of reasonable suspicion that a violation of the Act exists in the area to be surveilled. Requires the Administrator to ensure that such consent: (1) specifies a period of up to one year during which the consent is effective, (2) contains a specific description of the geographical area to be surveilled, (3) contains limitations on the days and times during which the surveillance may be conducted if requested by such owner or operator, and (4) is granted voluntarily. Prohibits the Administrator from threatening additional, more detailed, or more thorough inspections or coercing or enticing such owner's or operator's consent. Prohibits the Administrator, except where a land operator or owner has petitioned for copies of information collected through aerial surveillance permitted under this Act or where the information is pertinent to an active EPA investigation or prosecution, from disclosing information collected through such surveillance. Excepts information collected through such surveillance from the Freedom of Information Act. Requires the destruction of information collected through aerial surveillance conducted under this Act not later than 30 days after collection, unless it is pertinent to an active EPA investigation or prosecution.

To provide reasonable limits, control, and oversight over the Environmental Protection Agency's use of aerial surveillance of America's farmers.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Treatment and Care Tools Act of 2015'' or the ``ConTACT Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Concussions are mild traumatic brain injuries, the long-term effects of which are not well understood. (2) According to the Centers for Disease Control and Prevention (CDC), each year United States emergency departments treat an estimated 173,285 sports- and recreation-related mild traumatic brain injuries (MTBIs), including concussions, among children and adolescents, from birth to 19 years of age. However, this number does not capture the total number, as many MTBIs go undiagnosed. (3) There is an increased risk for subsequent brain injuries among persons who have had at least one previous brain injury. (4) A repeat concussion, one that occurs before the brain recovers from a previous concussion, can slow recovery or increase the likelihood of having long-term problems. (5) In rare cases, repeat concussions can result in second impact syndrome, which can be marked by brain swelling, permanent brain damage, and death. (6) Recurrent brain injuries and second impact syndrome are highly preventable. (7) Many States have adopted concussion management rules and regulations, but many schools lack the resources to implement best practices in concussion diagnosis and management. SEC. 3. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL- AGED CHILDREN. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. GUIDELINES ON BEST PRACTICES FOR DIAGNOSIS, TREATMENT, AND MANAGEMENT OF MILD TRAUMATIC BRAIN INJURIES IN SCHOOL- AGED CHILDREN. ``(a) Guidelines.-- ``(1) By secretary.--Not later than 90 days after issuance of the final report under paragraph (2), the Secretary shall establish guidelines for States on the implementation of best practices for diagnosis, treatment, and management of MTBIs in school-aged children. ``(2) By panel.--Not later than July 31, 2015, the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention shall issue a final report on best practices for diagnosis, treatment, and management of MTBIs in school-aged children. ``(3) Student athletes returning to play.--The guidelines under paragraph (1) and the report under paragraph (2) shall address best practices for diagnosis, treatment, and management of MTBIs in student athletes returning to play after an MTBI. ``(b) Grants to States.-- ``(1) In general.--After establishing the guidelines under subsection (a)(1), the Secretary may make grants to States for purposes of-- ``(A) adopting such guidelines, and disseminating such guidelines to elementary and secondary schools; and ``(B) ensuring that elementary and secondary schools-- ``(i) implement such guidelines; ``(ii) are adequately staffed with athletic trainers and other medical professionals necessary to implement such guidelines; and ``(iii) implement computerized pre-season baseline and post-injury neuropsychological testing for student athletes. ``(2) Grant applications.-- ``(A) In general.--To be eligible to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Minimum contents.--The Secretary shall require that an application of a State under subparagraph (A) contain at a minimum-- ``(i) a description of the strategies the State will use to disseminate the guidelines under subsection (a)(1) to elementary and secondary schools, and to ensure implementation of such guidelines by such schools, including any strategic partnerships that the State will form; and ``(ii) an agreement by the State to periodically provide data with respect to the incidence of MTBIs and second impact syndrome among student athletes in the State. ``(3) Utilization of high school sports associations and local chapters of national brain injury organizations.--The Secretary shall require States receiving grants under this section to utilize, to the extent practicable, applicable expertise and services offered by high school sports associations and local chapters of national brain injury organizations in such States. ``(c) Coordination of Activities.--In carrying out this section, the Secretary shall coordinate in an appropriate manner with the heads of other Federal departments and agencies that carry out activities related to MTBIs. ``(d) Report to Congress.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (b) and shall include in such report-- ``(1) the number of States that have adopted the guidelines under subsection (a)(1); ``(2) the number of elementary and secondary schools that have implemented computerized pre-season baseline and post- injury neuro-psychological testing for student athletes; and ``(3) the data collected with respect to the incidence of MTBIs and second impact syndrome among student athletes. ``(e) Definitions.--In this section, the following definitions apply: ``(1) The term `MTBI' means a mild traumatic brain injury. ``(2) The term `school-aged child' means an individual in the range of 5 through 18 years of age. ``(3) The term `second impact syndrome' means catastrophic or fatal events that occur when an individual suffers an MTBI while symptomatic and healing from a previous MTBI. ``(4) The term `Secretary' means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. ``(5) The term `State' means each of the 50 States and the District of Columbia. ``(6) The term `student athlete' means a school-aged child in any of the grades 6th through 12th who participates in a sport through such child's elementary or secondary school. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for fiscal year 2016 and such sums as may be necessary for each of fiscal years 2017 through 2020.''.

Concussion Treatment and Care Tools Act of 2015 or the ConTACT Act of 2015 Amends the Public Health Service Act to direct the Department of Health and Human Services (HHS) to establish guidelines for states on the implementation of best practices for diagnosis, treatment, and management of mild traumatic brain injuries (MTBIs) in school-aged children, including best practices relating to student athletes returning to play after an MTBI. Requires the Pediatric MTBI Guideline Expert Panel of the Centers for Disease Control and Prevention to issue a final report on best practices by July 31, 2015. Authorizes HHS to make grants to states to: (1) adopt, disseminate, and ensure schools implement the guidelines; and (2) ensure elementary and secondary schools implement computerized preseason baseline and post-injury neuropsychological testing for student athletes. Directs HHS to require states receiving grants to utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations.

ConTACT Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Conduit Contribution Prevention Act of 2001''. SEC. 2. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT CONTRIBUTION BAN. (a) Increase in Civil Money Penalty for Knowing and Willful Violations.--Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended-- (1) in paragraph (5)(B), by inserting before the period at the end the following: ``(or, in the case of a violation of section 320, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1000 percent of the amount involved in the violation)''; and (2) in paragraph (6)(C), by inserting before the period at the end the following: ``(or, in the case of a violation of section 320, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1000 percent of the amount involved in the violation)''. (b) Increase in Criminal Penalty.-- (1) In general.--Section 309(d)(1) of such Act (2 U.S.C. 437g(d)(1)) is amended by adding at the end the following new subparagraph: ``(D) Any person who knowingly and willfully commits a violation of section 320 involving an amount aggregating $1,000 or more during a calendar year shall be fined, or imprisoned for not more than 2 years, or both. The amount of the fine shall not be less than 300 percent of the amount involved in the violation and shall not be more than the greater of $50,000 or 1000 percent of the amount involved in the violation.''. (2) Guidelines by united states sentencing commission.-- (A) In general.--The United States Sentencing Commission shall (i) promulgate a guideline, or amend an existing guideline under section 994 of title 28, United States Code, in accordance with subparagraph (B), for penalties for violations of section 320 of the Federal Election Campaign Act of 1971; and (ii) submit to Congress an explanation of any guidelines promulgated or amended under clause (i). (B) Consideration of amount involved.--In promulgating the guideline for penalties for violations of section 320 of the Federal Election Campaign Act of 1971 pursuant to subparagraph (A), the United States Sentencing Commission shall account for variations in the amount of the contribution made in violation of such section. (C) Effective date; emergency authority to promulgate guideline.--The United States Sentencing Commission shall promulgate the guideline required under this paragraph not later than 90 days after the date of enactment of this Act. The Commission shall promulgate such guideline in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under such Act had not expired. (3) Conforming amendment.--Section 309(d)(1)(A) of such Act (2 U.S.C. 437g(d)(1)(A)) is amended by inserting ``(other than section 320)'' after ``this Act''. (c) Mandatory Referral to Attorney General.--Section 309(a)(5)(C) of such Act (2 U.S.C. 437(a)(5)(C)) is amended by inserting ``(or, in the case of a violation of section 320, shall refer such apparent violation to the Attorney General of the United States)'' after ``United States''. (d) Statute of Limitations.--Section 406(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 455(a)) is amended by inserting after ``3 years'' the following: ``(or 5 years, in the case of a violation of section 320)''. (e) Effective Date.--The amendments made by this section shall apply with respect to violations occurring on or after the date of the enactment of this Act. SEC. 3. EXTENSION OF BAN ON FOREIGN CONTRIBUTIONS TO ALL CAMPAIGN- RELATED DISBURSEMENTS. (a) Prohibition on Disbursements by Foreign Nationals.--Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) in the heading, by striking ``contributions'' and inserting ``disbursements''; (2) in subsection (a), by striking ``contribution'' each place it appears and inserting ``disbursement''; and (3) in subsection (a), by striking the semicolon and inserting the following: ``, including any disbursement to a political committee of a political party and any disbursement for an independent expenditure;''. (b) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act.

Conduit Contribution Prevention Act of 2001 - Amends the Federal Election Campaign Act of 1971 to increase civil money and criminal penalties for knowing and willful violations of the prohibition against making or accepting contributions in the name of another. Sets both civil and criminal fines at not less than 300 percent of the amount involved in the violation and not more than the greater of $50,000 or 1,000 percent of such amount. Mandates imprisonment for two years, or the aforementioned criminal fine, or both, for criminal violations. Limits criminal penalties to violations involving an amount aggregating $1,000 or more during a calendar year. Directs the U.S. Sentencing Commission to promulgate related sentencing guidelines.Changes from discretionary to mandatory the authority of the Federal Election Commission to refer to the Attorney General any instance of probable cause that a violation of such prohibition has occurred.Revises the current ban on contributions by foreign nationals to encompass all disbursements by foreign nationals, including any disbursement to a political committee of a political party and any disbursement for an independent expenditure.

To amend the Federal Election Campaign Act of 1971 to increase the penalties imposed for making or accepting contributions in the name of another and to prohibit foreign nationals from making any campaign-related disbursements, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Crush Video Prohibition Act of 2010''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States has a long history of prohibiting the interstate sale, marketing, advertising, exchange, and distribution of obscene material and speech that is integral to criminal conduct. (2) The Federal Government and the States have a compelling interest in preventing intentional acts of extreme animal cruelty. (3) Each of the several States and the District of Columbia criminalize intentional acts of extreme animal cruelty, such as the intentional crushing, burning, drowning, suffocating, or impaling of animals for no socially redeeming purpose. (4) There are certain extreme acts of animal cruelty that appeal to a specific sexual fetish. These acts of extreme animal cruelty are videotaped, and the resulting video tapes are commonly referred to as ``animal crush videos''. (5) The Supreme Court of the United States has long held that obscenity is an exception to speech protected under the First Amendment to the Constitution of the United States. (6) In the judgment of Congress, many animal crush videos are obscene in the sense that the depictions, taken as a whole-- (A) appeal to the prurient interest in sex; (B) are patently offensive; and (C) lack serious literary, artistic, political, or scientific value. (7) Serious criminal acts of extreme animal cruelty are integral to the creation, sale, distribution, advertising, marketing, and exchange of animal crush videos. (8) The creation, sale, distribution, advertising, marketing, and exchange of animal crush videos is intrinsically related and integral to creating an incentive for, directly causing, and perpetuating demand for the serious acts of extreme animal cruelty the videos depict. The primary reason for those criminal acts is the creation, sale, distribution, advertising, marketing, and exchange of the animal crush video image. (9) The serious acts of extreme animal cruelty necessary to make animal crush videos are committed in a clandestine manner that-- (A) allows the perpetrators of such crimes to remain anonymous; (B) makes it extraordinarily difficult to establish the jurisdiction within which the underlying criminal acts of extreme animal cruelty occurred; and (C) often precludes proof that the criminal acts occurred within the statute of limitations. (10) Each of the difficulties described in paragraph (9) seriously frustrates and impedes the ability of State authorities to enforce the criminal statutes prohibiting such behavior. SEC. 3. ANIMAL CRUSH VIDEOS. (a) In General.--Section 48 of title 18, United States Code, is amended to read as follows: ``Sec. 48. Animal crush videos ``(a) Definition.--In this section the term `animal crush video' means any photograph, motion-picture film, video or digital recording, or electronic image that-- ``(1) depicts actual conduct in which 1 or more living non- human mammals, birds, reptiles, or amphibians is intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242); and ``(2) is obscene. ``(b) Prohibitions.-- ``(1) Creation of animal crush videos.--It shall be unlawful for any person to knowingly create an animal crush video, or to attempt or conspire to do so, if-- ``(A) the person intends or has reason to know that the animal crush video will be distributed in, or using a means or facility of, interstate or foreign commerce; or ``(B) the animal crush video is distributed in, or using a means or facility of, interstate or foreign commerce. ``(2) Distribution of animal crush videos.--It shall be unlawful for any person to knowingly sell, market, advertise, exchange, or distribute an animal crush video in, or using a means or facility of, interstate or foreign commerce, or to attempt or conspire to do so. ``(c) Extraterritorial Application.--Subsection (b) shall apply to the knowing sale, marketing, advertising, exchange, distribution, or creation of an animal crush video outside of the United States, or any attempt or conspiracy to do so, if-- ``(1) the person engaging in such conduct intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or ``(2) the animal crush video is transported into the United States or its territories or possessions.'' ``(d) Penalty.--Any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 7 years, or both. ``(e) Exceptions.-- ``(1) In general.--This section shall not apply with regard to any visual depiction of-- ``(A) customary and normal veterinary or agricultural husbandry practices; ``(B) the slaughter of animals for food; or ``(C) hunting, trapping, or fishing. ``(2) Good-faith distribution.--This section shall not apply to the good-faith distribution of an animal crush video to-- ``(A) a law enforcement agency; or ``(B) a third party for the sole purpose of analysis to determine if referral to a law enforcement agency is appropriate. ``(f) No Preemption.--Nothing in this section shall be construed to preempt the law of any State or local subdivision thereof to protect animals.''. (b) Clerical Amendment.--The item relating to section 48 in the table of sections for chapter 3 of title 18, United States Code, is amended to read as follows: ``48. Animal crush videos.''. (c) Severability.--If any provision of section 48 of title 18, United States Code (as amended by this section), or the application of the provision to any person or circumstance, is held to be unconstitutional, the provision and the application of the provision to other persons or circumstances shall not be affected thereby.

Animal Crush Video Prohibition Act of 2010 - Amends the federal criminal code to revise the prohibition against depictions of animal cruelty to prohibit anyone from knowingly creating an animal crush video, or attempting or conspiring to do so, if: (1) such person intends or has reason to know that such video will be distributed in, or using a means or facility of, interstate or foreign commerce; or (2) such video is distributed in, or using a means or facility of, interstate or foreign commerce. Prohibits the sale, marketing, exchange, or distribution of such videos in interstate or foreign commerce, or any attempt or conspiracy to do so. Defines "animal crush video" as any photograph, motion picture, film, video or digital recording, or electronic image that: (1) depicts actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians intentionally crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury; and (2) is obscene. Extends the applicability of this Act to a person selling, marketing, advertising, exchanging, distributing, or creating animal crush videos outside the United States if: (1) such person intends or has reason to know that the animal crush video will be transported into the United States or its territories or possessions; or (2) the video is so transported. Imposes a fine and/or prison term of up to seven years for violations of this Act. Exempts from the application of this Act: (1) any visual depiction of customary and normal veterinary or agricultural husbandry practices, the slaughter of animals for food, or hunting, trapping, or fishing; and (2) good faith distribution of an animal crush video to a law enforcement agency or a third party for the sole purpose of determining if referral to a law enforcement agency is appropriate.

A bill to amend title 18, United States Code, to prohibit the creation, sale, distribution, advertising, marketing, and exchange of animal crush videos that depict obscene acts of animal cruelty, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United We Stand to Hire Veterans Act''. SEC. 2. CONSOLIDATED AND COORDINATED FEDERAL GOVERNMENT INTERNET PORTAL TO CONNECT CURRENT AND FORMER MEMBERS OF THE ARMED FORCES WITH EMPLOYERS SEEKING EMPLOYEES WITH SKILLS AND EXPERIENCE DEVELOPED THROUGH MILITARY SERVICE. (a) Findings.--Congress makes the following findings: (1) Although significant progress has been made, unemployment among veterans remains stubbornly high. (2) The unemployment rate among younger veterans, ages 18 to 24, remains well above the national average. (3) This problem impacts the Department of Defense budget. Over the past 10 years, the Federal Government has expended more than $9,600,000,000 on unemployment compensation benefits for former members of the Armed Forces. (4) The Department makes significant investments in members of the Armed Forces including specialized technical training in skills that are easily transferrable to civilian career fields. (5) Beyond specific technical training, veterans gain unique leadership, organizational, and other skills that make them valued employees in the private sector. (6) Government agencies, private sector entities, and nonprofit organizations are responding to the issue of unemployment among veterans. (7) There are now so many programs to assist veterans in finding employment, many within the Government, that veterans may not know where to turn to find assistance in finding employment. While these programs are well intentioned, many are duplicative in nature, and compete for scarce resources. (8) The Department of Labor, the Department of Veterans Affairs, the Department of Defense, and the Office of Personnel Management are currently working to consolidate the veterans' employment initiatives of the Government into a single, consolidated Internet portal with the goal of connecting veterans who are seeking employment with employers who want to employ them. (9) The consolidated portal would prevent Federal Government agencies from competing with each other to accomplish the same goal, and will save the Federal Government money while providing a comprehensive, coordinated tool for employers and veterans seeking employment. (10) The Federal Government can accomplish this by leveraging the best practices of current programs. (11) While progress has been made, there is no statutory requirement to streamline these Government programs and coordinate the resources that are all intended to achieve the same goal. (b) Consolidated Internet Portal Required.--Commencing not later than one year after the date of the enactment of this Act, the Secretary of Labor shall, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, consolidate Internet portals of the Federal Government on employment for current and former members of the Armed Forces into a comprehensive consolidated Internet portal for the purposes of connecting current and former members of the Armed Forces who are seeking employment with employers who want to employ them. (c) Elements.-- (1) In general.--The consolidated Internet portal under subsection (b) should include the following: (A) A means through which current and former members of the Armed Forces may connect for employment purposes with employers seeking the experience and skills developed during service in the Armed Forces, including a means of presenting a profile of each member or former member to employers that includes, at a minimum-- (i) the skills obtained by such member or former member during service in the Armed Forces and additional skills such member or former member is interested in pursuing; and (ii) the current or intended residence of such member or former member (including an option for members or former members who are willing to reside in various locations). (B) A means of permitting qualified prospective employers to post employment openings and seek contact with members or former members based on their profile for the purposes of requesting the initiation of arrangements or negotiations concerning potential employment. (C) A means of presenting other employment resources, including resume preparation, to members or former members seeking employment. (2) Matters considered.--In developing the consolidated Internet portal, the Secretaries referred to in subsection (b) should consider, at a minimum, the following: (A) Public and private sector resources on matters relating to the portal. (B) Opportunities to incorporate local employment networks into the portal. (C) Methodologies to determine the most effective employment resources and programs to be incorporated into the portal. (D) Means for streamlining processes through the portal for employers to find and employ former members of the Armed Forces. (d) Member Participation.--Participation by a member or former member of the Armed Force in the consolidated Internet portal under subsection (b) shall be voluntary. A member or former member participating in the portal may cease participation in the portal at any time. (e) Pilot Project Authority.-- (1) In general.--In order to expedite implementation of the consolidated Internet portal under subsection (b), the Secretaries may carry out one or more pilot projects to evaluate the feasibility and advisability of various options for the portal. Any such pilot project may only be a continuation or modification of an existing program. (2) Sunset.--The authority to carry out pilot projects under this subsection shall expire on the date that is five years after the date of the enactment of this Act. (f) Reports.-- (1) Preliminary report.--Not later than six months after the date of the enactment of this Act, the Secretaries shall submit to the appropriate committees of Congress a report on the consolidated Internet portal under subsection (b). The report shall include the following: (A) A list of the Internet portals of the Federal Government that are redundant to, or duplicative of, the consolidated Internet portal. (B) An estimate of the cost-savings to be achieved by the Federal Government through the consolidated Internet portal, including through the elimination or consolidation into the consolidated Internet portal of the Internet portals listed under subparagraph (A). (2) Report following implementation of portal.--Not later than one year after the date of the implementation of the portal under subsection (b), the Secretaries shall submit to the appropriate committees of Congress a report on the portal. (3) Elements.--Each report under this subsection shall include a description of the portal and such other information on the portal as the Secretaries consider appropriate. (4) Appropriate committees of congress defined.--In this subsection, the term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Education and the Workforce, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives.

United We Stand to Hire Veterans Act - Requires the Secretary of Labor, in conjunction with the Secretaries of Defense (DOD) and Veterans Affairs (VA), to consolidate government Internet portals on employment for current and former members of the Armed Forces into one comprehensive portal for the purposes of connecting members who are seeking employment with employers who want to employ them. Authorizes the Secretaries, in order to expedite implementation of such consolidated portal, to carry out pilot projects to evaluate the feasibility and advisability of various portal options by continuing or modifying existing programs.

United We Stand to Hire Veterans Act

TITLE I--LEWIS AND CLARK NATIONAL HISTORICAL PARK DESIGNATION ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Lewis and Clark National Historical Park Designation Act''. SEC. 102. DEFINITIONS. As used in this title: (1) Park.--The term ``park'' means the Lewis and Clark National Historical Park designated in section 103. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. LEWIS AND CLARK NATIONAL HISTORICAL PARK. (a) Designation.--In order to preserve for the benefit of the people of the United States the historic, cultural, scenic, and natural resources associated with the arrival of the Lewis and Clark Expedition in the lower Columbia River area, and for the purpose of commemorating the culmination and the winter encampment of the Lewis and Clark Expedition in the winter of 1805-1806 following its successful crossing of the North American Continent, there is designated as a unit of the National Park System the Lewis and Clark National Historical Park. (b) Boundaries.--The boundaries of the park are those generally depicted on the map entitled ``Lewis and Clark National Historical Park, Boundary Map'', numbered 405/80027, and dated December 2003, and which includes-- (1) lands located in Clatsop County, Oregon, which are associated with the winter encampment of the Lewis and Clark Expedition, known as Fort Clatsop and designated as the Fort Clatsop National Memorial by Public Law 85-435, including the site of the salt cairn (specifically, lot number 18, block 1, Cartwright Park Addition of Seaside, Oregon) used by that expedition and adjacent portions of the old trail which led overland from the fort to the coast; (2) lands identified as ``Fort Clatsop 2002 Addition Lands'' on the map referred to in this subsection; and (3) lands located along the lower Columbia River in the State of Washington associated with the arrival of the Lewis and Clark Expedition at the Pacific Ocean in 1805, which are identified as ``Station Camp'', ``Clark's Dismal Nitch'', and ``Cape Disappointment'' on the map referred to in this subsection. (c) Acquisition of Land.-- (1) Authorization.--The Secretary is authorized to acquire land, interests in land, and improvements therein within the boundaries of the park, as identified on the map referred to in subsection (b), by donation, purchase with donated or appropriated funds, exchange, transfer from any Federal agency, or by such other means as the Secretary deems to be in the public interest. (2) Consent of landowner required.--The lands authorized to be acquired under paragraph (1) (other than corporately owned timberlands within the area identified as ``Fort Clatsop 2002 Addition Lands'' on the map referred to in subsection (b)) may be acquired only with the consent of the owner. (3) Acquisition of fort clatsop 2002 addition lands.--If the owner of corporately owned timberlands within the area identified as ``Fort Clatsop 2002 Addition Lands'' on the map referred to in subsection (b) agrees to enter into a sale of such lands as a result of actual condemnation proceedings or in lieu of condemnation proceedings, the Secretary shall enter into a memorandum of understanding with the owner regarding the manner in which such lands shall be managed after acquisition by the United States. (d) Cape Disappointment.-- (1) Transfer.--Subject to valid rights (including withdrawals), the Secretary shall transfer to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the park. (2) Withdrawn land.-- (A) Notice.--The head of any Federal agency that has administrative jurisdiction over withdrawn land at Cape Disappointment, Washington, within the boundary of the park shall notify the Secretary in writing if the head of the Federal agency does not need the withdrawn land. (B) Transfer.--On receipt of a notice under subparagraph (A), the withdrawn land shall be transferred to the administrative jurisdiction of the Secretary, to be administered as part of the park. (3) Memorial to thomas jefferson.--All withdrawals of the 20- acre parcel depicted as a ``Memorial to Thomas Jefferson'' on the map referred to in subsection (b) are revoked, and the Secretary shall establish a memorial to Thomas Jefferson on the parcel. (4) Management of cape disappointment state park land.--The Secretary may enter into an agreement with the State of Washington providing for the administration by the State of the land within the boundary of the park known as ``Cape Disappointment State Park''. (e) Map Availability.--The map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 104. ADMINISTRATION. (a) In General.--The park shall be administered by the Secretary in accordance with this title and with laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.) and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). (b) Management Plan.--Not later than 3 years after funds are made available for this purpose, the Secretary shall prepare an amendment to the General Management Plan for Fort Clatsop National Memorial to guide the management of the park. (c) Cooperative Management.--In order to facilitate the presentation of a comprehensive picture of the Lewis and Clark Expedition's experiences in the lower Columbia River area and to promote more efficient administration of the sites associated with those experiences, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Washington and Oregon in accordance with the authority provided under section 3(l) of Public Law 91-383 (112 Stat. 3522; 16 U.S.C. 1a-2). SEC. 105. REPEAL OF SUPERSEDED LAW. (a) In General.--Public Law 85-435 (72 Stat. 153; 16 U.S.C. 450mm et seq.), regarding the establishment and administration of Fort Clatsop National Memorial, is repealed. (b) References.--Any reference in any law (other than this title), regulation, document, record, map or other paper of the United States to ``Fort Clatsop National Memorial'' shall be considered a reference to the ``Lewis and Clark National Historical Park''. SEC. 106. PRIVATE PROPERTY PROTECTION. (a) Access to Private Property.--Nothing in this title shall be construed to-- (1) require any private property owner to permit public access (including Federal, State, or local government access) to such private property; or (2) modify any provision of Federal, State, or local law with regard to public access to or use of private lands. (b) Liability.--Designation of the park shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of Authority to Control Land Use.--Nothing in this title shall be construed to modify any authority of Federal, State, or local governments to regulate the use of private land within the boundary of the park. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. TITLE II--LEWIS AND CLARK EASTERN LEGACY STUDY SEC. 201. DESIGNATION OF ADDITIONAL SITES FOR STUDY. (a) Study.-- (1) In general.--The Secretary of the Interior shall update, with an accompanying map, the 1958 Lewis and Clark National Historic Landmark theme study to determine the historical significance of the eastern sites of the Corps of Discovery expedition used by Meriwether Lewis and William Clark, whether independently or together, in the preparation phase starting at Monticello, Virginia, and traveling to Wood River, Illinois, and the return phase from Saint Louis, Missouri, to Washington, District of Columbia, including sites in Virginia, Washington, District of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio, Kentucky, Tennessee, Indiana, and Illinois. (2) Focus of update; nomination and addition of properties.-- The focus of the study under paragraph (1) shall be on developing historic context information to assist in the evaluation and identification, including the use of plaques, of sites eligible for listing in the National Register of Historic Places or designation as a National Historic Landmark. (b) Report.--Not later than 1 year after funds are made available for the study under this section, the Secretary shall submit to the Committee on Resources in the House of Representatives and the Committee on Energy and Natural Resources in the Senate a report describing any findings, conclusions, and recommendations of the study. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this title. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Title I: Lewis and Clark National Historical Park Designation Act - Lewis and Clark National Historical Park Designation Act - (Sec. 103) Designates the Lewis and Clark National Historical Park as a unit of the National Park System. Defines the boundaries of the park, located in the States of Oregon and Washington, according to a map entitled "Lewis and Clark National Historical Park, Boundary Map" (December 2003), which includes the Fort Clatsop National Memorial and other specified lands. Authorizes the Secretary of the Interior to acquire land, interests in land, and improvements therein within park boundaries. Directs that such land may be acquired only with the consent of the owner except with regard to specified corporately owned timberlands. Requires the Secretary, if the owner of specified corporately owned timberlands agrees to sell as a result of actual condemnation proceedings or in lieu of condemnation proceedings, to enter into a memorandum of understanding with the owner addressing post-acquisition management of those lands. Directs the Secretary to transfer, subject to valid rights (including withdrawals), to the Director of the National Park Service management of any Federal land at Cape Disappointment, Washington, that is within the boundary of the park. Revokes all withdrawals of a specified 20-acre parcel depicted as a "Memorial to Thomas Jefferson" and directs the Secretary to establish a memorial to Thomas Jefferson on the parcel. Authorizes the Secretary to enter into an agreement with the State of Washington providing for the administration by such State of the land within the boundary of the park known as Cape Disappointment State Park. (Sec. 104) Requires the Secretary to: (1) administer the park in accordance with this title and with laws generally applicable to the NPS; and (2) prepare an amendment to the general management plan for Fort Clatsop National Memorial to guide management of the Park. Authorizes the Secretary to enter into cooperative management agreements with appropriate officials in Oregon and Washington with respect to the conduct of living exhibits and interpretive demonstrations. (Sec. 105) Repeals specified law regarding the establishment and administration of Fort Clatsop National Memorial. (Sec. 106) Prohibits anything in this title from being construed to: (1) require any private property owner to permit public access (including government access) to such private property; or (2) modify any provision of law concerning public access to or use of private lands. States that designation of the Park shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. Prohibits anything in this title from being construed to modify any authority to regulate the use of private land within the Park's boundaries. (Sec. 107) Authorizes appropriations. Title II: Lewis and Clark Eastern Legacy Study - (Sec. 201) Directs the Secretary to update the 1958 Lewis and Clark National Historic Landmark theme study of the eastern sites of the Corps of Discovery expedition used by Lewis and Clark in the preparation phase starting at Monticello, Virginia, and traveling to Wood River, Illinois, and the return phase from Saint Louis, Missouri, to Washington, District of Columbia, including sites in Virginia, Washington, District of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio, Kentucky, Indiana, and Illinois. Requires the study's focus to be on developing historic context information to assist in the evaluation and identification of sites eligible for listing in the National Register of Historic Places or designation as a National Historic Landmark. Requires the Secretary to report to Congress on any findings, conclusions, and recommendations. (Sec. 202) Authorizes appropriations.

To redesignate Fort Clatsop National Memorial as the Lewis and Clark National Historical Park, to include in the park sites in the State of Washington as well as the State of Oregon, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Export Promotion and Job Creation Act''. SEC. 2. AMENDMENT TO EXPORT ENHANCEMENT ACT OF 1988. (a) In General.--Subtitle C of the Export Enhancement Act of 1988 (15 U.S.C. 4721), relating to export promotion, is amended by adding at the end the following new section: ``SEC. 2315. PROMOTION OF EXPORTS OF CLEAN AND EFFICIENT ENERGY AND ENVIRONMENTAL PRODUCTS AND SERVICES. ``(a) Public Directory for Foreign Buyers.-- ``(1) Establishment.--The Secretary of Commerce, acting through the Under Secretary for International Trade, shall, in cooperation with the relevant Federal departments and agencies, establish a directory accessible through a public Web site for foreign buyers to identify United States manufacturers and service providers that are prepared to export products and services in the following areas: ``(A) Clean and efficient energy generation, distribution, and use. ``(B) Remediation of air and water pollution. ``(C) Water supply. ``(D) Sanitation. ``(E) Solid waste disposal. ``(F) Chemical and hazardous waste treatment and containment. ``(G) Equipment and services for testing, monitoring, and analysis with respect to any area described in any of subparagraphs (A) through (F), or otherwise with respect to environmental hazards. ``(2) Requirements.--The directory established under paragraph (1) shall-- ``(A) include a mechanism for United States businesses to register for inclusion in the directory, and for the United States Government to ascertain the location in the United States and the legitimacy of such businesses; ``(B) include a summary of the products and services provided by each registered United States business; ``(C) provide contact information for each United States business in the database; ``(D) be searchable by industry, business name, product, or service, or by a combination of keywords; and ``(E) be updated regularly. ``(3) Submission of implementation plan to congress.--Not later than 180 days after the date of the enactment of this section, the Secretary of Commerce shall submit to the appropriate congressional committees a detailed plan for establishing and maintaining the directory required by paragraph (1), including plans for the operation, content, maintenance, and functionality of the directory. The plan submitted under this paragraph shall include a detailed implementation schedule for the directory, and plans for a public awareness campaign to be conducted by the Secretary to provide consumer awareness of the directory. ``(4) Date of initial availability.--Not later than 18 months after the date on which the Secretary submits the plan required by paragraph (3), the Secretary of Commerce shall establish the directory required by paragraph (1). ``(5) Government promotion.--The Secretary of Commerce should promote awareness and use of the directory established under this subsection in the United States and Foreign Commercial Service and in United States missions and posts abroad. ``(b) Governmental Database on Foreign Sales Opportunities.-- ``(1) Establishment.--The Secretary of Commerce shall, in cooperation with the relevant Federal departments and agencies, establish a database accessible only to United States Government personnel, that identifies potential sales opportunities abroad for United States manufacturers and service providers that are prepared to export products and services in the areas described in subsection (a)(1). ``(2) Requirements.--The database established under paragraph (1) shall-- ``(A) include a mechanism for United States businesses to subscribe to the database; ``(B) establish a mechanism for United States Government personnel to enter information regarding foreign business opportunities described in paragraph (1) into the database; ``(C) provide a summary of the products or services desired by each foreign buyer; ``(D) provide information that will allow a subscriber to the system to contact the foreign buyer or the person who entered the information into the database; ``(E) be searchable by location, industry, company name, product, or service, or by a combination of keywords; ``(F) be able to transmit regular updates on potential sales opportunities to database subscribers, including the ability for subscribers of the system to be able to customize the type of information they receive; and ``(G) be updated regularly. ``(c) Monitoring and Evaluation of United States Export Promotion With Respect to Clean and Efficient Energy and Environmental Products and Services.-- ``(1) In general.--The Secretary of Commerce shall develop and implement a rigorous system to evaluate the effectiveness and efficiency of United States export promotion activities with respect to clean and efficient energy and environmental products and services. ``(2) Components of system.--In order to avoid duplication, ensure comprehensive coverage, promote high and uniform standards, and facilitate comparability of results and the development of a strong body of evidence, the system required under paragraph (1) shall include-- ``(A) a method of coordinating monitoring and evaluation activities among all Federal agencies carrying out United States export promotion activities with respect to clean and efficient energy and environmental products and services; ``(B) a survey of business customers that receive export promotion services from the United States Government; ``(C) small- and medium-sized businesses that receive export promotion services from the United States Government and, of such businesses, those that export products and services for the first time; and ``(D) a process for consulting with the private sector and subject matter experts, as appropriate, on the planning, design, and implementation of evaluation activities and dissemination of evaluation findings under this subsection. ``(3) Required actions.--In carrying out paragraph (1), the Secretary of Commerce shall establish, through the Trade Promotion Coordinating Committee, standards for the following actions with respect to the export promotion activities with respect to clean and efficient energy and environmental products and services that are engaged in by any Federal agency: ``(A) Establishing measurable and meaningful performance objectives, including-- ``(i) exports by small- and medium-sized businesses; ``(ii) businesses that become first-time exporters; ``(iii) newly accessed markets; and ``(iv) number of new registrants to receive export promotion services. ``(B) Establishing criteria for the selection of programs, projects, and activities to be subject to various evaluation methodologies, with a particular emphasis on impact evaluation. ``(C) Establishing or designating an organizational unit at the Department of Commerce with adequate staff and resources to oversee and provide technical support for appropriate evaluation activities. ``(D) Through the Trade Promotion Coordinating Committee, developing a plan for improving the capacity of the agency to conduct rigorous and objective program monitoring and evaluation, including by-- ``(i) expanding relevant education and training opportunities; ``(ii) encouraging the adoption of improved methodologies for data collection and analysis; and ``(iii) ensuring that best practices are shared within and between agencies. ``(E) Establishes a process for applying the findings and results of monitoring and evaluation activities, including impact evaluation research, into future program planning, budgeting, design, and implementation. ``(F) Establishes a policy for the publication of program evaluations. ``(G) Develops, in consultation with relevant stakeholders, as appropriate, an annual evaluation plan that describes how the agency will meet the requirements of this section. ``(4) Submission of evaluation plans.--The President shall ensure that the evaluation plans required by paragraph (3)(G) are submitted to the appropriate congressional committees each year along with the annual budget submitted under section 1105 of title 31, United States Code, and are published on a Government Web site. ``(d) Cooperation With the International Renewable Energy Agency.-- The Secretary of Commerce, in consultation with the Secretary of State, shall work with the International Renewable Energy Agency (IRENA) to identify countries that have received or are in the process of receiving assistance from IRENA that improve the deployment and adoption of renewable energy in such country in order to promote United States exports in clean and efficient energy and environmental products and services to that country. ``(e) Report to Congress.--Not later than one year after the date of the enactment of this section and annually thereafter, the Secretary of Commerce shall transmit a report to Congress on the implementation of this section. Such report shall include-- ``(1) a description of the activities undertaken during the preceding year; ``(2) the results of the monitoring and evaluation programs under subsection (c) during the preceding year; and ``(3) the operations of the public directory established under subsection (a) and the governmental database established under subsection (b) during the preceding year. ``(f) GAO Report on Effectiveness of U.S. Export Promotion.-- ``(1) Initial report.--Not later than one year after the date of the enactment of this section, the Comptroller General shall submit a report to the appropriate congressional committees containing-- ``(A) a baseline analysis that compares the scope of effectiveness of United States export promotion activities with respect to clean and efficient energy and environmental products and services with those of other major trade competitors; and ``(B) recommendations on how United States export promotion activities described in subparagraph (A) can be strengthened to counteract foreign government competition. ``(2) Subsequent report.--Not later than two years after the date of the enactment of this section, the Comptroller General shall submit a report to the appropriate congressional committees containing-- ``(A) an assessment of the overall effectiveness of United States export promotion activities with respect to clean and efficient energy and environmental products and services and a comparison to the baseline analysis conducted in paragraph (1); ``(B) an assessment of the ability of the Trade Promotion Coordinating Committee to coordinate United States export promotion activities described in subparagraph (A); ``(C) an evaluation of the effectiveness of the monitoring and evaluation system established under subsection (c); and ``(D) recommendations for improving the coordination and implementation of United States export promotion activities described in subparagraph (A). ``(g) Definitions.--In this section-- ``(1) the term `appropriate congressional committees' means the Committee on Foreign Affairs in the House of Representatives and the Committee on Banking, Housing, and Urban Affairs in the Senate; and ``(2) the term `product' includes technology.''. (b) Conforming Amendment.--The table of contents of the Omnibus Trade and Competitiveness Act of 1988 is amended by inserting after the item relating to section 2314 the following new item: ``Sec. 2315. Promotion of exports of clean and efficient energy and environmental products and services.''.

Green Export Promotion and Job Creation Act - Amends the Export Enhancement Act of 1988 to revise provisions relating to export promotion to require the Under Secretary for International Trade to establish an online directory for foreign buyers to identify U.S. manufacturers and service providers that are prepared to export products and services in: (1) clean and efficient energy generation, distribution, and use; (2) remediation of air and water pollution; (3) water supply; (4) sanitation, solid waste disposal, and chemical and hazardous waste treatment and containment; and (5) equipment and services for testing, monitoring, and analysis with respect to such areas or otherwise with respect to environmental hazards. Requires the Secretary of Commerce to: (1) establish a database, to be accessible only to U.S. government personnel, that identifies potential sales opportunities abroad for U.S. manufacturers and service providers that are prepared to export products and services in such areas; (2) develop and implement a system to evaluate the effectiveness and efficiency of U.S. export promotion activities with respect to clean and efficient energy and environmental products and services; and (3) establish, through the Trade Promotion Coordinating Committee, standards for specified actions with respect to the export promotion activities concerning clean and efficient energy and environmental products and services that are engaged in by any federal agency. Requires the Secretary of Commerce to work with the International Renewable Energy Agency (IRENA) to identify countries that receive assistance from IRENA that improve the deployment and adoption of renewable energy in order to promote U.S. exports in clean and efficient energy and environmental products and services to that country.

To amend the Export Enhancement Act of 1988 to enhance awareness of export promotion activities with respect to clean energy and environmental products and services of the United States, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Security and Freedom Ensured Act of 2003'' or the ``SAFE Act''. SEC. 2. LIMITATION ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended-- (1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following: ``(A)(i) the identity of the target of electronic surveillance, if known; or ``(ii) if the identity of the target is not known, a description of the target and the nature and location of the facilities and places at which the electronic surveillance will be directed; ``(B)(i) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known; and ``(ii) if any of the facilities or places are unknown, the identity of the target;''; and (2) in paragraph (2)-- (A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and (B) by inserting after subparagraph (A), the following: ``(B) in cases where the facility or place at which the surveillance will be directed is not known at the time the order is issued, that the surveillance be conducted only when the presence of the target at a particular facility or place is ascertained by the person conducting the surveillance;''. SEC. 3. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS. (a) In General.--Section 3103a of title 18, United States Code, is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``may have an adverse result (as defined in section 2705)'' and inserting ``will-- ``(A) endanger the life or physical safety of an individual; ``(B) result in flight from prosecution; or ``(C) result in the destruction of, or tampering with, the evidence sought under the warrant''; and (B) in paragraph (3), by striking ``within a reasonable period'' and all that follows and inserting ``not later than 7 days after the execution of the warrant, which period may be extended by the court for an additional period of not more than 7 days each time the court finds reasonable cause to believe, pursuant to a request by the Attorney General, the Deputy Attorney General, or an Associate Attorney General, that notice of the execution of the warrant will-- ``(A) endanger the life or physical safety of an individual; ``(B) result in flight from prosecution; or ``(C) result in the destruction of, or tampering with, the evidence sought under the warrant.''; and (2) by adding at the end the following: ``(c) Reports.-- ``(1) In general.--Every 6 months, the Attorney General shall submit a report to Congress summarizing, with respect to warrants under subsection (b), the requests made by the Department of Justice for delays of notice and extensions of delays of notice during the previous 6-month period. ``(2) Contents.--Each report submitted under paragraph (1) shall include, for the preceding 6-month period-- ``(A) the number of requests for delays of notice with respect to warrants under subsection (b), categorized as granted, denied, or pending; and ``(B) for each request for delayed notice that was granted, the number of requests for extensions of the delay of notice, categorized as granted, denied, or pending. ``(3) Public availability.--The Attorney General shall make the report submitted under paragraph (1) available to the public.''. (b) Sunset Provision.-- (1) In general.--Subsections (b) and (c) of section 3103a of title 18, United States Code, shall cease to have effect on December 31, 2005. (2) Exception.--With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions referred to in paragraph (1) cease to have effect, such provisions shall continue in effect. SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOKSELLER, AND OTHER PERSONAL RECORDS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Applications for Orders.--Section 501(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended-- (1) by striking ``shall specify that the records'' and inserting ``shall specify that-- ``(A) the records''; and (2) by striking the period at the end and inserting the following: ``; and ``(B) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power.''. (b) Orders.--Section 501(c)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)(1)) is amended by striking ``finds that'' and all that follows and inserting ``finds that-- ``(A) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and ``(B) the application meets the other requirements of this section.''. (c) Oversight of Requests for Production of Records.--Section 502(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended to read as follows: ``(a) On a semiannual basis, the Attorney General shall, with respect to all requests for the production of tangible things under section 501, fully inform-- ``(1) the Select Committee on Intelligence of the Senate; ``(2) the Committee on the Judiciary of the Senate; ``(3) the Permanent Select Committee on Intelligence of the House of Representatives; and ``(4) the Committee on the Judiciary of the House of Representatives.''. SEC. 5. PRIVACY PROTECTIONS FOR COMPUTER USERS AT LIBRARIES UNDER NATIONAL SECURITY AUTHORITY. Section 2709 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``A wire'' and inserting the following: ``(1) In general.--A wire''; and (B) by adding at the end the following: ``(2) Exception.--A library shall not be treated as a wire or electronic communication service provider for purposes of this section.''; and (2) by adding at the end the following: ``(f) Defined Term.--In this section, the term `library' means a library (as that term is defined in section 213(2) of the Library Services and Technology Act (20 U.S.C. 9122(2)) whose services include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally to patrons for their use, review, examination, or circulation.''. SEC. 6. EXTENSION OF PATRIOT SUNSET PROVISION. Section 224(a) of the USA PATRIOT ACT (18 U.S.C. 2510 note) is amended-- (1) by striking ``213, 216, 219,''; and (2) by inserting ``and section 505'' after ``by those sections)''.

Security and Freedom Ensured Act of 2003 (SAFE Act) - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps under the Foreign Intelligence Surveillance Act of 1978 (FISA) to require that: (1) an order approving an electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at the place to be wiretapped. Revises provisions governing search warrants authorized under the USA PATRIOT ACT to: (1) limit the authority to delay notice of the issuance of such a search warrant to circumstances where providing immediate notice of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution, or result in the destruction of or tampering with the evidence sought under the warrant; and (2) require such delayed notification to be issued not later than seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to seven days each time that the court finds reasonable cause to believe that notice of the execution of the warrant would have such consequences. Requires the Attorney General, every six months, to report to Congress summarizing the requests made by the Department of Justice for delays of notice and extensions of delays. Sunsets the delayed notice authority and reporting requirement on December 31, 2005. Amends FISA to require, with respect to access by the Federal Bureau of Investigation to business records for foreign intelligence and international terrorism investigations, that there be specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent thereof. Provides that libraries shall not be treated as wire or electronic communication service providers under provisions granting counterintelligence access to provider subscriber information, toll billing records information, or electronic communication transactional records.

A bill to amend the USA PATRIOT ACT to place reasonable limitations on the use of surveillance and the issuance of search warrants, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Privatization of Humanities Act''. SEC. 2. TERMINATION OF THE NATIONAL ENDOWMENT FOR THE ARTS. Sections 7 and 8 of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 956, 957) are repealed. SEC. 3. CONFORMING AMENDMENTS. (a) Declaration of Purpose.--Section 2 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951) is amended-- (1) in paragraphs (1), (4), and (6) by striking ``and the Humanities'', (2) in paragraphs (2) and (5) by striking ``the humanities and'', (3) in paragraphs (5), and (9) by striking ``and humanities'', (4) in paragraph (7) by striking ``and the study of the humanities require'' and inserting ``requires'', and (5) in paragraph (12) by striking ``and the Humanities''. (b) Definitions.--Section 3 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 952) is amended-- (1) by striking subsection (a), and (2) in subsection (d)-- (A) in paragraph (1) by striking ``or the National Council on the Humanities, as the case may be'', and (B) in paragraph (2)-- (i) by striking ``sections 5(l) and 7(h)'' and inserting ``section 5(p)'', and (ii) by striking ``and the National Council on the Humanities, as the case may be,''. (c) Establishment of National Foundation on the Arts and Humanities.--Section 4(a) of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 953(a)) is amended-- (1) in subsection (a)-- (A) by striking ``and the Humanities'' each place it appears, and (B) by striking ``a National Endowment for the Humanities,'', (2) in subsection (b) by striking ``the humanities and'', and (3) in the heading of such section by striking ``and the humanities''. (d) Federal Council on the Arts and the Humanities.--Section 9 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 958) is amended-- (1) in subsection (a) by striking ``and the Humanities'', (2) in subsection (b) by striking ``the Chairperson of the National Endowment for the Humanities,'', (3) in subsection (c)-- (A) in paragraph (1) by striking ``and the Chairperson of the National Endowment for the Humanities'', (B) in paragraph (3) by striking ``, the National Endowment for the Humanities,'', and (C) in paragraphs (6) and (7) by striking ``and humanities''. (e) Administrative Functions.--Section 10 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 959) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``in them'', (ii) by striking ``and the Chairperson of the National Endowment for the Humanities'', and (iii) by striking ``, in carrying out their respective functions, shall each'' and inserting ``shall'', (B) by striking ``of an Endowment'', (C) in paragraph (2)-- (i) by striking ``of that Endowment'' the first place it appears and inserting ``on the Arts'', (ii) by striking ``sections 6(f) and 8(f)'' and inserting ``section 6(f)'', and (iii) by striking ``sections 5(c) and 7(c)'' and inserting ``section 5(c)'', and (D) in paragraph (3) by striking ``Chairperson's functions, define their duties, and supervise their activities'' and inserting ``functions, define the activities, and supervise the activities of the Chairperson'', (2) in subsection (b)-- (A) by striking paragraphs (1), (2), and (3), and (B) in paragraph (4)-- (i) by striking ``one of its Endowments and received by the Chairperson of an Endowment'' and inserting ``the National Endowment for the Arts and received by the Chairperson of that Endowment'', and (ii) by striking ``(4)'', (3) in subsection (d) by striking ``and the Chairperson of the National Endowment for the Humanities shall each'' and inserting ``shall'', (4) in subsection (e) by striking ``and the National Council on the Arts, respectively, may each'' and inserting ``may'', (5) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``and the Chairperson of the National Endowment for the Arts'', and (ii) by striking ``sections 5(c) and 7(c)'' and inserting ``section 5(c)'', (B) in paragraph (2)(A)-- (i) by striking ``either of the Endowments'' and inserting ``National Endowment for the Arts'', and (ii) by striking ``involved'', and (C) in paragraph (3)-- (i) by striking ``that provided such financial assistance'' each place it appears, and (ii) in subparagraph (C) by striking ``or the National Endowment for the Humanities''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 11 of the National Foundation on the Arts and the Humanities Act of 1965 (42 U.S.C. 960) is amended-- (1) in subsection (a)(1)-- (A) by striking subparagraph (B), and (B) in subparagraph (A)-- (i) by striking ``(A)'', (ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively, and (iii) by striking ``(I)'' and ``(II)'' each place they appear and inserting ``(i)'' and ``(ii)'', respectively, (2) in subsection (a)(2)-- (A) by striking subparagraph (B), and (B) in subparagraph (A)-- (i) by striking ``(A)'', and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and (3) in subsection (a)(3)-- (A) by striking subparagraph (B), and (B) in subparagraph (C)-- (i) by striking ``and subparagraph (B)'', and (ii) by redesignating such subparagraph as subparagraph (B), (4) in subsection (a)(4)-- (A) by striking ``and the Chairperson of the National Endowment for the Humanities, as the case may be,'', and (B) by striking ``section 5(l)(2), section 7(f), and section 7(h)(2)'' and inserting ``and section 5(p)(2)'', (5) in subsection (c)-- (A) in paragraph (1) by striking ``(1)'', and (B) by striking paragraph (2), (6) in subsection (d)-- (A) by striking paragraph (2), and (B) in paragraph (1)-- (i) by striking ``(1)'', (ii) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and (7) in subsection (e) by striking ``and humanities''. SEC. 5. SHORT TITLE. Section 1 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 951 note) is amended by striking ``and the Humanities''. SEC. 6. TRANSITION PROVISIONS. The Director of the Office of Management and Budget shall provide for the termination of the affairs of the National Endowment for the Humanities and the National Council on the Humanities, including the appropriate transfer or other disposition of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with implementing the authorities terminated by the amendments made by this Act. SEC. 7. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Effective Date of Amendments.--Sections 2, 3, 4, and 5 shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Privatization of Humanities Act - Amends the National Foundation on the Arts and the Humanities Act of 1965 to abolish the National Endowment for the Humanities (NEH) and the National Council on the Humanities (NCH). Renames such Act the National Foundation on the Arts Act of 1965. Requires the Director of the Office of Management and Budget to provide for the termination of the affairs of the NEH and the NCH.

Privatization of Humanities Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Infrastructure Power Security and Assurance Incentives Act of 2003''. SEC. 2. FINDINGS. (a) Findings.--Congress finds that-- (1) In order to fortify and protect critical infrastructure systems and facilities like military installations, banks, utilities, and information technology systems from potential terrorist threats and to provide efficient and assured power to such facilities advanced technologies must be encouraged and installed by U.S. electricity providers. (2) Dependence on foreign oil is a matter of national security and the nation must consider all energy resource options, including support for energy efficiency and renewable resources and technologies that will ensure a diverse energy portfolio. (3) Estimates are that power outages, brownouts, and other voltage disturbances cost U.S. industry up to $150 billion per year and cause great disruption to the Nation's economy. (4) Distributed Power systems, such as fuel cells, turbines and hybrid combinations of these technologies, backed up with storage systems, can reduce costly outages, and ensure more assured and secure and reliable power generation and distribution, protected from potential terrorist threats to our national infrastructure. (b) Advanced Technology Incentives Program.--(1) The Secretary of Energy shall establish within the Department of Energy an Advanced Technology Incentives Program to make funding available, subject to annual appropriation, to accelerate the development and deployment of new advanced technologies such as fuel cells, turbines, hybrid, and storage system power technologies. (2) Advanced technology funding provided under this section shall be used by the Secretary for payments to eligible owners or operators to support efforts to reduce system costs, and improve the performance and reliability of advanced distributed power generation and energy storage systems. Payments made by the Secretary shall be used for the purposes of demonstrating the capability of new technologies to increase power generation through enhanced operational, economic, and environmental performance. (3) Payments under this section may only be made upon receipt by the Secretary of an incentive payment application establishing that an applicant is eligible to receive such payment as either-- (A) a qualifying advanced technology facility, or (B) a qualifying security and assured power facility (4) Incentive payments made by the Secretary under this section to owners or operators of qualifying advanced technology facilities shall be based on the number of kilowatt hours of electricity generated by the facility through the use of an advanced technology during a 10-year fiscal year period beginning with the fiscal year in which the qualifying facility is first eligible for payment. (5) A payment of 1.8 cents per kilowatt-hour shall be paid to the owner or operator of a qualifying advanced technology facility under this section. An additional 0.7 cents per kilowatt-hour shall be paid to the owner or operator that is also a qualifying security and assured power facility under this section. The amount of the payment made to such qualifying facilities shall be adjusted for inflation for each fiscal year of the program as determined by the Secretary. A facility qualifying under this section shall be eligible for an incentive payment up to, but not to exceed the first 10 million kilowatt-hours produced in any fiscal year. (c) Determination of a Security and Power Facility.--Within six months after the date of enactment of this section, the Secretary, in consultation with the Secretary of Homeland Security, shall-- (1) measure, evaluate and rate security and assurance performance improvement, (2) define the types of locations and facilities that would most need the benefits of the improvements, (3) determine the criteria for facilities that generate or store and distribute electric energy that improves the security, assurance, and reliability of the nation's electricity grid and protects infrastructure including military installations, financial institutions, medical and first responder facilities, and other locations critical to the security of the nation, and (4) report back to the Committee on Energy and Commerce of the United States House of Representatives on ways that incentive payments under this section can accelerate the introduction of technologies capable of providing the maximum level of improvement and benefit to the public. (d) Definitions.--For purposes of this section: (1) Advanced technology.--The term ``advanced technology'' means an advanced fuel cell, turbine, hybrid, or storage system power that is used to generate or store electric energy at or in conjunction with a qualifying advanced technology facility. (2) Qualifying advanced technology facility.--The term ``qualifying advanced technology facility'' means any facility that generates electric energy from a power generation, storage and distribution system. (3) Qualifying security and assured power facility.--The term ``qualifying security and assurance power facility'' means a facility that also generates or stores and distributes electric energy that improves the security and assures the reliability of the nation's electricity infrastructure in locations and facilities determined by the Secretary, in consultation with the Secretary of Homeland Security, to be in critical need of improvement and protection. The facility must substantially reduce electric system vulnerabilities by providing exceedingly secure, reliable, rapidly available, high power quality electric energy to critical governmental, commercial and industrial demand facilities. (e) Authorization of Appropriations.--The following sums are authorized to be apppropriated to carry out the purposes of this section: (1) For fiscal year 2004, $25,000,000. (2) For fiscal year 2005, $50,000,000. (3) For fiscal year 2006, $75,000,000. (4) For fiscal year 2007, $100,000,000.

Homeland Infrastructure Power Security and Assurance Incentives Act of 2003 - Instructs the Secretary of Energy to establish within the Department of Energy an Advanced Technology Incentives Program to provide funding to accelerate development and deployment of new advanced technologies such as fuel cells, turbines, hybrid, and storage system power technologies. Requires the use of such funding for: (1) eligible owners or operators to support efforts to reduce system costs, and improve the performance and reliability of advanced distributed power generation and energy storage systems; and (2) demonstrating the capability of new technologies to increase power generation through enhanced operational, economic, and environmental performance. Directs the Secretary to: (1) evaluate security and assurance performance improvement; (2) define locations and facilities that would benefit most from such improvements; and (3) determine the criteria for facilities that generate or store and distribute electric energy that improves the security and reliability of the nation's electricity grid and protects locations critical to its security (including military installations, financial institutions, medical and first responder facilities).

To authorize the Secretary of Energy to establish an Advanced Technology Incentives Program to fund the development and deployment of new advanced technologies such as fuel cells, turbines, hybrid, and storage system power technologies.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Thurgood Marshall Commemorative Coin Act of 1997''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with-- (A) the Supreme Court Historical Society; (B) the family of the late Thurgood Marshall; and (C) the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 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 minted under this Act only during the 1-year period beginning 90 days after the date of enactment of this Act. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided for in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Supreme Court, including-- (1) research on the history of the entire judicial branch of the Federal Government, and public dissemination of that research; (2) the acquisition of objects and documents relating to the events associated with the Supreme Court of the United States in the course of the history of the Court; and (3) the acquisition and preservation of documents, portraits, and period furnishings of historical significance affecting the history of the Supreme Court for the inspiration and benefit of the people of the United States. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Supreme Court Historical Society as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

Thurgood Marshall Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States. Mandates that all surcharges received from coin sales be paid to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Court.

Thurgood Marshall Commemorative Coin Act of 1997

SECTION 1. FINDINGS. The Congress finds that-- (1) in the 1990s and beyond, capital, technology, and services are and will be easily transferred anywhere in the world without due regard for national boundaries and governmental policies, especially those pertaining to fundamental labor, environmental, and agricultural standards; (2) multinational corporations now play a major role in the conduct of international trade and investment among all nations, yet multinational corporations are not accountable in important ways to any national governments or international organizations and are not bound by any universal international agreements or standards of conduct; (3) increasingly, multinational corporations are crucial agents of commerce and investment between developed and developing countries, wielding great influence over whatever national standards exist in respective countries pertaining to socially responsible investment; (4) some multinational corporations, including some based in the United States, have adopted voluntary codes of conduct governing all aspects of their operations with a view toward promoting socially responsible investment; and (5) there already exist some promising precedents of corporate codes of conduct for multinational corporations which, if widely adhered to and enforced, could facilitate socially responsible business operations worldwide and reduce pressures to enhance competitiveness by ignoring fundamental labor, environmental, and agricultural standards where they exist. SEC. 2. ESTABLISHMENT OF GUIDELINES. (a) Responsibility of Secretary of State.--The Secretary of State, in consultation with the Secretary of Labor, the Secretary of Commerce, the heads of appropriate Federal departments and agencies, labor representatives, representatives of businesses with operations abroad, and appropriate nonprofit organizations, shall establish guidelines which United States nationals should use in conducting business operations anywhere in the territory of any foreign country. (b) Contents of Guidelines.--The guidelines established under subsection (a) shall, at a minimum, be based on the principles contained in the following: (1) The ``Guidelines for Multinational Enterprises'' of the Organization for Economic Cooperation and Development. (2) The ``Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy'' of the International Labor Organization. (3) The child labor standards established by the International Labor Organization. (4) The standards regarding prison labor that are contained in Article XX of the General Agreement on Tariffs and Trade. (5) The so-called ``MacBride Principles'', ``Sullivan Principles'', and ``Slepak Principles''. (6) The so-called ``Minnesota Principles'' or ``Caux Principles''. As used in paragraph (4), the term ``General Agreement on Tariffs and Trade'' refers to the General Agreement on Tariffs and Trade annexed to the Agreement Establishing the World Trade Organization that was entered into on April 15, 1994. (c) Effective Date.--The guidelines established under subsection (a) shall be published in the Federal Register and shall take effect 6 months after the date of the enactment of this Act. SEC. 3. COMPLIANCE. (a) Submission of Statements.--Not later than 1 year after the effective date described in section 2(c), and not later than the end of each 1-year period thereafter, each United States national that conducts business operations, directly or through a foreign subsidiary or contractor, in any foreign country shall submit a statement to the Secretary of State, in such form as the Secretary of State shall prescribe, indicating whether or not such national, in conducting such business operations, is complying with the guidelines. (b) Registration.-- (1) Requirement.--The Secretary of State shall require United States nationals subject to the requirement of subsection (a) to file with the Secretary a registration with respect to their business operations in foreign countries. Such registration shall include the name of the business operations in each foreign country, and the location and chief officers of such business operations. No fee shall be required for registration under this subsection. (2) Effective date.--The registration requirement of paragraph (1) shall take effect 6 months after the date of the enactment of this Act. (c) Hearings.--The Secretary of State shall conduct public hearings at least once each year on the compliance with the guidelines of United States nationals subject to the requirement of subsection (a). The Secretary shall provide interested persons with an opportunity to testify at such hearings. (d) Annual Report.--The Secretary of State shall submit a report to the Congress describing the level of compliance with the guidelines by United States nationals subject to the requirement of subsection (a). This report shall be submitted not later than 18 months after the date of the enactment of this Act and not later than the end of each 1-year period occurring thereafter. SEC. 4. EXPORT MARKETING SUPPORT. (a) Support.--Departments and agencies of the United States may intercede with a foreign government or foreign national regarding export marketing activity in a foreign country on behalf of a United States national subject to the requirement of section 3(a) only if that United States national complies with the guidelines. (b) Type of Contact.--The term ``intercede with a foreign government or foreign national'' includes any contact by an officer or employee of the United States with officials of any foreign government or foreign national involving or contemplating any effort to assist in selling a good, service, or technology in a foreign country. Such term does not include multilateral or bilateral government-to-government trade negotiations intended to resolve trade issues which may affect United States nationals who do not comply with the guidelines. (c) Effective Date.--Subsection (a) shall take effect 18 months after the date of the enactment of this Act. SEC. 5. DEFINITIONS. For purposes of this Act-- (1) the terms ``comply with the guidelines'', ``complying with the guidelines'' and ``compliance with the guidelines'' mean-- (A) implementing the guidelines established under section 2(a) by taking good faith measures with respect to each such guideline; and (B) reporting accurately to the Department of State on the measures taken to implement those principles; (2) the term ``business operations'' refers to a for-profit activity, but does not include a small business concern as defined under section 3 of the Small Business Act (15 U.S.C. 632); and (3) the term ``United States national'' means-- (A) a citizen or national of the United States or a permanent resident of the United States; and (B) a corporation, partnership, and other business association organized under the laws of the United States, any State or territory thereof, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands. SEC. 6. REGULATIONS. The Secretary of State may issue such regulations as are necessary to carry out this Act.

Directs the Secretary of State to establish guidelines which U.S. nationals should use in conducting business operations in any foreign country. Requires such guidelines to be based on principles contained in guidelines or standards of the Organization for Economic Cooperation and Development, the International Labor Organization, and the General Agreement on Tariffs and Trade as well as on the MacBride, Sullivan, Minnesota or Caux, and Slepak Principles. Directs U.S. nationals conducting business operations in any foreign country to submit a statement to the Secretary indicating whether they are complying with such guidelines and to register with the Secretary. Authorizes Federal agencies to intercede with foreign governments or nationals regarding export marketing activities on behalf of a U.S. national only if such national is in compliance with the guidelines.

To require the Secretary of State to establish a set of voluntary guidelines to promote socially responsible business practices for United States businesses operating in foreign countries.