FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Financial Services Efficiency Act of 1997''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) In recent years, new technological applications have had a significant impact on bank capital markets and the manner in which business enterprises and financial institutions conduct their activities and operations. (2) Financial and consumer transactions and communications are being conducted in digital electronic formats because of the adoption of new technological applications which allow for the instantaneous retrieval and transmission of information and the electronic consummation of business and personal transactions. (3) These changes relate not only to the creation, retention, and delivery of documentation and other data, but also to the purchase and sale of goods and services, the receipt and payment of funds, and other aspects of commerce and finance.- (4) These developments have allowed for the emergence of a new electronic commerce infrastructure for consumer and financial communications and transactions, and the concomitant emergence of electronic authentication methodologies. (5) These new technologies have impacted, and will continue to impact, the national payment system, our financial services industry, and our Nation's capital markets. (6) Parties to consumer and financial transactions have heretofore entered into agreements, consistent with paper-based authentication methodologies. (7) Thus, where the formation of agreements are otherwise valid and effective under applicable law, the parties should be able to use electronic authentication methodologies of equal or greater reliability. (8) Given the size and importance of our domestic economy and the fact that electronic commerce is not limited by geographical or national boundaries and will have a significant impact on international finance, the United States should be actively involved in the development of uniform global standards for electronic authentication. (9) There are many industries that have the technical expertise, can meet proposed national standards, and have the desire to offer electronic authentication services. Therefore, it is important not to prematurely limit market access and stifle growth by narrowly defining industries that may provide electronic authentication services. (10) As a result, it is appropriate for Congress to enable a framework whereby government, business enterprises, financial institutions, and consumers can participate in electronic commerce in a viable, safe, efficient, and consistent manner. (b) Purpose.--The purpose of this Act is to provide for the recognition of digital and other forms of authentication as an alternative to existing paper-based methods, to improve efficiency and soundness of the Nation's capital markets and payment system, and to define and harmonize the practices, customs, and uses applicable to the conduct of electronic authentication. SEC. 3. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Electronic commerce.--The term ``electronic commerce'' means the transaction or conduct of business in whole or part by electronic means. (2) Electronic means.--The term ``electronic means'' includes all forms of electronic communication mediated by computer, including telephonic communications, facsimile, electronic mail, electronic data exchanges, satellite, cable, and fiber optic communications. (3) Electronic authentication.--The term ``electronic authentication'' means any methodology, technology, or technique intended to-- (A) establish the identity of the maker, sender, or originator of a document or communication in electronic commerce; and (B) establish the fact that the document or communication has not been altered. (4) Digital signature.--The term ``digital signature'' means any electronic symbol or series of symbols, created, or processed by a computer, intended by the party using it (or authorizing its use) to have the same legal force and effect as a manual signature. (5) Certification authority.--The term ``certification authority'' means any private or public entity which provides assurance that a particular digital signature, or other form of electronic authentication, is tied to the identity of an individual or legal entity, or attests to the current validity of such a signature. (6) Trusted third party.--The term ``trusted third party'' means a certification authority who is known to 2 transacting parties and whose certificate is relied upon by those parties. (7) Certificate.--The term ``certificate'' is an electronic message the contents of which enable the recipient to determine the attestation made regarding the certificate holder by the certification authority. (8) State.--The term ``State'' has the meaning given to such term in section 3 of the Federal Deposit Insurance Act. (9) Affiliate.--The term ``affiliate'' means any person that controls, is controlled by, or is under common control with another person. SEC. 4. COMMUNICATIONS WITH FEDERAL GOVERNMENTAL AGENCIES. In any written communication with an agency, department, or instrumentality of the United States Government, or with any court of the United States, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature with a certificate issued by a trusted third party. SEC. 5. VALIDITY OF ELECTRONIC AUTHENTICATION. (a) Validity of Electronic Communications with Agencies, Courts, and Instrumentalities of the United States.--All forms of electronic authentication that comport with standards as described in subsections (a) and (b) of section 6 of this Act shall have standing equal to paper-based, written signatures, such that, with respect to any communications with Federal administrative agencies, Federal courts and other instrumentalities of the United States government-- (1) any rule of law which requires a record to be in writing shall be deemed satisfied; and (2) any rule of law which requires a signature shall be deemed satisfied. (b) Validity of Electronic Communications in General.--Unless otherwise expressly prohibited by the laws of any State, all forms of electronic authentication that comport with the standards as described in subsections (a) and (b) of section 6 shall have standing equal to paper-based, written signatures, such that-- (1) any rule of law which requires a record to be in writing shall be deemed satisfied; and (2) any rule of law which requires a signature shall be deemed satisfied.- SEC. 6. CRITERIA FOR ELIGIBILITY. (a) Electronic Authentication.--Electronic authentication technology shall be deemed valid hereunder if such technology-- (1) reliably establishes the identity of the maker, sender, or originator of a document or communication in electronic commerce; and (2) reliably establishes the fact that the document or communication has not been altered. (b) Emerging Technologies.--2 currently acknowledged signature technologies are public key cryptography and signature dynamics technology. In contemplation of acceptance of other technological applications, the following criteria shall be applied in the determination of their validity for purposes of this Act: (1) The identification methodology shall be unique to the person making, sending, originating a document or communication. (2) The identification technology shall be capable of verification. (3) The identification method or device shall be under the sole control of the person using it (4) The identification technology or device shall be linked to data or communication transmitted in such a manner that if such data or communication has been altered, the authentication becomes invalid. SEC. 7. NATIONAL ASSOCIATION OF CERTIFICATION AUTHORITIES. (a) In General.--There is hereby established the National Association of Certification Authorities (hereafter in this section referred to as the ``Association''). (b) Registration.--Any person or group wishing to provide electronic authentication services in the United States shall be a registered member of the Association. (c) Denial of Membership.-- (1) Decertification.--The Association may deny membership to any person or group (or any affiliate of such person or group) who has been decertified pursuant to subsection (e)(5)(D)(iii). (2) Failure to comply with code of conduct.--The Association may deny membership to any provider of electronic authentication services who fails to comply with any guidelines, standards, or codes of conduct regarding the use of electronic authentication established by the Electronic Authentications Standards Review Committee pursuant to subsection (e)(2). (3) Failure to meet standards.--The Association may deny membership to any provider of electronic authentication services to any person or group that is unable to meet standards established pursuant to subsections (a) and (b) of section 6. (4) Practices inconsistent with this act.--The Association may bar an individual from becoming affiliated with a member of the Association if such individual has engaged in acts or practices inconsistent with this Act and rules established by the Association. (5) Lack of cooperation.--The Association may bar any person or group from becoming affiliated with a member if such person or group does not agree-- (A) to supply the Association with such information with respect to the relationship and dealings of such person or group with the member as may be specified in the rules of the Association; and (B) to permit examination of the books and records of such person or group to verify the accuracy of any information so supplied. (d) Dues.--The rules of the Association shall provide for the equitable allocation of reasonable dues, fees, and other charges among members and other persons applying for membership or using any facility or system which the Association operates or controls. (e) Standards Review Committee.-- (1) In general.--The Association shall establish the Electronic Authentications Standards Review Committee (hereafter in this subsection referred to as the ``Standards Review Committee'') which shall establish, develop, and refine criteria to be applied to the emerging electronic authentication industry, including-- (A) the roles and responsibilities of the parties involved in electronic authentication; (B) the application of the standards described in section 6(b) to emerging electronic authentication; (C) recognition of foreign legal and regulatory standards; and (D) transparency requirements, licensing, and registration of certification authorities. (2) Rulemaking.--With the approval of the Secretary of the Treasury, the Standards Review Committee shall establish and adopt such guidelines, standards, and codes of conduct regarding the use of electronic authentication by members of the Association, including the rights and responsibilities of certification authorities in matters involving notification, disclosure requirements, liability of consumers and certification authorities, and hearing procedures regarding disciplinary actions taken by the Standards Review Committee in furtherance of the purposes of this Act. (3) Enforcement.--The Standards Review Committee shall have enforcement powers to ensure minimum standards and protections for consumers and shall establish and adopt disciplinary procedures and policies in furtherance of the purposes of this Act. (4) Disciplinary actions.--The Standards Review Committee shall organize in a manner such that disciplinary actions against members shall be heard fairly and in a timely fashion and afford due process. (5) Notification.-- (A) In general.--If, in the opinion of the Standards Review Committee, any certification authority is engaging or has engaged in conduct in contravention of any guideline, standard, or code of conduct prescribed in accordance with paragraph (3), the Standards Review Committee shall notify such certification authority. (B) Statement of facts.--The notification shall contain a statement of the facts constituting the violation. (C) Period for response.--The certification authority shall respond to such notification within 15 days. (D) Sanctions.--Based upon the response of the certification authority, if the Standards Review Committee determines that the certification authority has violated any such guideline, standard, or code of conduct, the committee may take any of the following actions: (i) Censure.--Publicly censure the certification authority. (ii) Suspension.--Prohibit the certification authority from providing electronic authentication services in the United States for such period of time as the committee may determine to be appropriate. (iii) Decertification.--Prohibit the certification authority from providing electronic authentication services in the United States. (iv) Civil penalty.--Impose monetary penalties on the certification authority. (6) Judicial review.--Any party aggrieved by an order of the Standards Review Committee under this Act may obtain a review of such order in the United States Court of Appeals within any circuit wherein such party has its principal place of business or in the court of Appeals in the District of Columbia, by filing in the court, within 30 days after the entry of the Standards Review Committee order, a petition praying that the order of the Standards Review Committee be set aside. A copy of such petition shall be forthwith transmitted to the Standards Review Committee by the clerk of the court, and thereupon the Standards Review Committee shall file in the court the record made before the Standards Review Committee. Upon the filing of such petition the court shall have the jurisdiction to affirm, set aside, or modify the order of the Standards Review Committee and to require the Standards Review Committee to take such action with regard to the matter under review as the court deems proper. The findings of the Standards Review Committee as to the facts, if supported by substantial evidence, shall be conclusive.- (7) Report to secretary of the treasury.--The Standards Review Committee shall transmit to the Secretary of the Treasury, not later than February 20 and July 20 of each year, complete reports of the activities of the committee undertaken in furtherance of the purposes of this Act, including a statement of the committee's objectives and plans for the next semiannual reporting period. (8) Studies and recommendations.--The Standards Review Committee may conduct studies to carry out the purposes of this Act. On the basis of such studies the Committee may make recommendations to the Secretary of the Treasury concerning the implementation of this Act and such legislative and administrative action as the committee may determine to be necessary to promote the recognition of electronic authentication as an alternative to paper-based methods of verification. SEC. 8. OVERSIGHT. The Secretary of the Treasury shall provide effective oversight and shall review the activities of the Electronic Authentication Standards Review Committee on a semiannual basis, providing a venue for the discussion and airing of all activity, standards and other material issues which may have arisen during that time period. SEC. 9. CONSUMER PROTECTION. (a) In General.--No provision of this Act shall be construed as impairing any right afforded a consumer under the provisions of any law applicable to an underlying transaction or communication that is authenticated by digital signature or other form of electronic authentication that comports with the standards as described in subsections (a) and (b) of section 6. (b) Notification.--Any transaction or communication involving a consumer that is authenticated by digital signature or other form of electronic authentication that comports with the standards as described in subsections (a) and (b) of section 6 shall contain a notification of the fact that such transaction or communication has been authenticated. Such notification shall be in such form as prescribed by the Electronic Authentication Standards Review Committee. (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Consumer.--The term ``consumer'' means an individual. (2) Transaction.--The term ``transaction'' refers only to transactions for personal, family, or household purposes. (3) Communication.--The term ``communication'' means a communication pertaining only to personal, family, or household purposes.

Electronic Financial Services Efficiency Act of 1997 - Provides that: (1) in any written communication with any Federal agency or instrumentality, or any U.S. court, which calls for a signature, any party to the communication may affix a digital signature with a certificate issued by a trusted third party; and (2) all forms of electronic communication that comport with the standards prescribed by this Act shall have standing equal to paper-based written signatures with respect to Federal agencies, courts, and instrumentalities, as well as in general. Sets forth criteria for electronic authentication technology and other signature technologies. Establishes the National Association of Certification Authorities (Association), of which any person wishing to provide electronic authentication services shall be a registered member. Prescribes membership guidelines. Requires the Association to establish the Electronic Authentication Standards Review Committee, with rulemaking and enforcement powers, which shall: (1) establish, develop, and refine criteria for application to the emerging electronic authentication industry; and (2) report biannually to the Secretary of the Treasury. Requires the Secretary to oversee and review the Committee's activities.

Electronic Financial Services Efficiency Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arson Prevention Act of 1994''. SEC. 2. FINDINGS. Congress finds that_ (1) arson is a serious and costly problem, and is responsible for approximately 25 percent of all fires in the United States; (2) arson is a leading cause of fire deaths, accounting for approximately 700 deaths annually in the United States, and is the leading cause of property damage due to fire in the United States; (3) estimates of arson property losses are in the range of $2,000,000,000 annually, or approximately 1 of every 4 dollars lost to fire; (4) the incidence of arson in the United States is seriously underreported, in part because of the lack of adequate participation by local jurisdictions in the National Fire Incident Reporting System (NFIRS) and the Uniform Crime Reporting (UCR) program; (5) there is a need for expanded training programs for arson investigators; (6) there is a need for improved programs designed to enable volunteer firefighters to detect arson crimes and to preserve evidence vital to the investigation and prosecution of arson cases; (7) according to the National Fire Protection Association, of all the suspicious and incendiary fires estimated to occur, only \1/3\ are confirmed as arson; and (8) improved training of arson investigators will increase the ability of fire departments to identify suspicious and incendiary fires, and will result in increased and more effective prosecution of arson offenses. SEC. 3. ARSON PREVENTION GRANTS. The Federal Fire Prevention and Control Act of 1974 is amended by inserting after section 24 (15 U.S.C. 2220) the following new section: ``SEC. 25. ARSON PREVENTION GRANTS. ``(a) Definitions._As used in this section: ``(1) Arson._The term `arson' includes all incendiary and suspicious fires. ``(2) Office._The term `Office' means the Office of Fire Prevention and Arson Control of the United States Fire Administration. ``(b) Grants._The Administrator, acting through the Office, shall carry out a demonstration program under which not more than 10 grant awards shall be made to States, or consortia of States, for programs relating to arson research, prevention, and control. ``(c) Goals._In carrying out this section, the Administrator shall award 2-year grants on a competitive, merit basis to States, or consortia of States, for projects that promote one or more of the following goals: ``(1) To improve the training by States leading to professional certification of arson investigators, in accordance with nationally recognized certification standards. ``(2) To provide resources for the formation of arson task forces or interagency organizational arrangements involving police and fire departments and other relevant local agencies, such as a State arson bureau and the office of a fire marshal of a State. ``(3) To combat fraud as a cause of arson and to advance research at the State and local levels on the significance and prevention of fraud as a motive for setting fires. ``(4) To provide for the management of arson squads, including_ ``(A) training courses for fire departments in arson case management, including standardization of investigative techniques and reporting methodology; ``(B) the preparation of arson unit management guides; and ``(C) the development and dissemination of new public education materials relating to the arson problem. ``(5) To combat civil unrest as a cause of arson and to advance research at the State and local levels on the prevention and control of arson linked to urban disorders. ``(6) To combat juvenile arson, such as juvenile fire-setter counseling programs and similar intervention programs, and to advance research at the State and local levels on the prevention of juvenile arson. ``(7) To combat drug-related arson and to advance research at the State and local levels on the causes and prevention of drug- related arson. ``(8) To combat domestic violence as a cause of arson and to advance research at the State and local levels on the prevention of arson arising from domestic violence. ``(9) To combat arson in rural areas and to improve the capability of firefighters to identify and prevent arson initiated fires in rural areas and public forests. ``(10) To improve the capability of firefighters to identify and combat arson through expanded training programs, including_ ``(A) training courses at the State fire academies; and ``(B) innovative courses developed with the Academy and made available to volunteer firefighters through regional delivery methods, including teleconferencing and satellite delivered television programs. ``(d) Structuring of Applications._The Administrator shall assist grant applicants in structuring their applications so as to ensure that at least one grant is awarded for each goal described in subsection (c). ``(e) State Qualification Criteria._In order to qualify for a grant under this section, a State, or consortium of States, shall provide assurances adequate to the Administrator that the State or consortium_ ``(1) will obtain at least 25 percent of the cost of programs funded by the grant, in cash or in kind, from non-Federal sources; ``(2) will not as a result of receiving the grant decrease the prior level of spending of funds of the State or consortium from non-Federal sources for arson research, prevention, and control programs; ``(3) will use no more than 10 percent of funds provided under the grant for administrative costs of the programs; and ``(4) is making efforts to ensure that all local jurisdictions will provide arson data to the National Fire Incident Reporting System or the Uniform Crime Reporting program. ``(f) Extension._A grant awarded under this section may be extended for one or more additional periods, at the discretion of the Administrator, subject to the availability of appropriations. ``(g) Technical Assistance._The Administrator shall provide technical assistance to States in carrying out programs funded by grants under this section. ``(h) Consultation and Cooperation._In carrying out this section, the Administrator shall consult and cooperate with other Federal agencies to enhance program effectiveness and avoid duplication of effort, including the conduct of regular meetings initiated by the Administrator with representatives of other Federal agencies concerned with arson and concerned with efforts to develop a more comprehensive profile of the magnitude of the national arson problem. ``(i) Assessment._Not later than 18 months after the date of enactment of this subsection, the Administrator shall submit a report to Congress that_ ``(1) identifies grants made under this section; ``(2) specifies the identity of grantees; ``(3) states the goals of each grant; and ``(4) contains a preliminary assessment of the effectiveness of the grant program under this section. ``(j) Regulations._Not later than 90 days after the date of enactment of this subsection, the Administrator shall issue regulations to implement this section, including procedures for grant applications. ``(k) Administration._The Administrator shall directly administer the grant program required by this section, and shall not enter into any contract under which the grant program or any portion of the program will be administered by another party. ``(l) Purchase of American Made Equipment and Products._ ``(1) Sense of congress._It is the sense of Congress that any recipient of a grant under this section should purchase, when available and cost-effective, American made equipment and products when expending grant monies. ``(2) Notice to recipients of assistance._In allocating grants under this section, the Administrator shall provide to each recipient a notice describing the statement made in paragraph (1) by the Congress.''. SEC. 4. VOLUNTEER FIREFIGHTER TRAINING. Section 24(a)(2) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2220(a)(2)) is amended by inserting before the semicolon the following: ``, with particular emphasis on the needs of volunteer firefighters for improved and more widely available arson training courses''. SEC. 5. CPR TRAINING. The Federal Fire Prevention and Control Act of 1974 is amended by adding at the end the following new section: ``SEC. 32. CPR TRAINING. ``No funds shall be made available to a State or local government under section 25 unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation.''. SEC. 6. FEDERAL EMPLOYEE HOUSING EXCEPTIONS. Section 31(c)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2227(c)(1)) is amended_ (1) in subparagraph (A), by striking ``No Federal'' and inserting in lieu thereof ``Except as otherwise provided in this paragraph, no Federal''; and (2) by adding at the end the following new subparagraphs: ``(C) Housing covered by this paragraph that does not have an adequate and reliable electrical system shall not be subject to the requirement under subparagraph (A) for protection by hard-wired smoke detectors, but shall be protected by battery operated smoke detectors. ``(D) If funding has been programmed or designated for the demolition of housing covered by this paragraph, such housing shall not be subject to the fire protection requirements of subparagraph (A), but shall be protected by battery operated smoke detectors.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. Section 17 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216) is amended by adding at the end the following new subsection: ``(h) In addition to any other amounts that are authorized to be appropriated to carry out this Act, there are authorized to be appropriated to carry out this Act_ ``(1) $500,000 for fiscal year 1995 for basic research on the development of an advanced course on arson prevention; ``(2) $2,000,000 for fiscal year 1996 for the expansion of arson investigator training programs at the Academy under section 24 and at the Federal Law Enforcement Training Center, or through regional delivery sites; ``(3) $4,000,000 for each of fiscal years 1995 and 1996 for carrying out section 25, except for salaries and expenses for carrying out section 25; and ``(4) $250,000 for each of the fiscal years 1995 and 1996 for salaries and expenses for carrying out section 25.''. SEC. 8. SUNSET. Notwithstanding any other provision of this Act, no funds are authorized to be appropriated for any fiscal year after fiscal year 1996 for carrying out the programs for which funds are authorized by this Act, or the amendments made by this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Arson Prevention Act of 1994 - Amends the Fire Prevention and Control Act of 1974 to direct the Administrator of the United States Fire Administration, acting through the Office of Fire Prevention and Arson Control, to carry out a demonstration program under which not more than ten grant awards shall be made to States or consortia of States (States) for programs relating to arson research, prevention, and control. Directs the Administrator, in carrying out such provision, to award two-year grants on a competitive, merit basis to States for projects that promote one or more of specified goals, including: (1) improving the training by States leading to professional certification of arson investigators; (2) providing resources for the formation of arson task forces or interagency organizational arrangements involving the police and fire departments and other relevant local agencies; (3) combating fraud as a cause of arson and advancing research at the State and local levels on the significance and prevention of fraud as a motive for setting fires; (4) combating juvenile arson, drug-related arson, and domestic violence as a cause of arson; and (5) improving the capability of firefighters to identify and combat arson through expanded training programs. Sets forth provisions regarding: (1) the structuring of applications; (2) State qualification criteria; (3) the extension of grants; (4) technical assistance; (5) consultation and cooperation with other Federal agencies; (6) assessment; and (7) the purchase of American made equipment and products by grant recipients. (Sec. 4) Includes within a provision requiring the Administrator to provide training and instructional materials in skills and knowledge necessary to assist Federal, State, and local fire service and law enforcement personnel in arson prevention, detection, and control, a requirement that particular emphasis be placed on the needs of volunteer firefighters for improved and more widely available arson training courses. (Sec. 5) Prohibits making certain funds available to a State or local government under the Act unless such government has a policy to actively promote the training of its firefighters in cardiopulmonary resuscitation. (Sec. 6) Exempts Federal employee housing that does not have an adequate and reliable electrical system from the requirement for protection by hard-wired (but requires battery operated) smoke detectors. (Sec. 7) Authorizes appropriations, including appropriations for basic research on the development of an advanced course on arson prevention and for the expansion of arson investigator training programs at the National Fire Academy and the Federal Law Enforcement Training Center or through regional delivery sites. (Sec. 8) Prohibits any funds from being authorized to be appropriated for any fiscal year after FY 1996 for carrying out the programs for which funds are authorized by this Act or the amendments made by this Act.

Arson Prevention Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Research Investment Act of 2001''. SEC. 2. INCREASE IN LIMITATION ON CHARITABLE DEDUCTION FOR CONTRIBUTIONS FOR MEDICAL RESEARCH. (a) In General.--Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 (relating to percentage limitations) is amended by adding at the end the following new subparagraph: ``(G) Special limitation with respect to certain contributions for medical research.-- ``(i) In general.--Any medical research contribution shall be allowed to the extent that the aggregate of such contributions does not exceed the lesser of-- ``(I) 80 percent of the taxpayer's contribution base for any taxable year, or ``(II) the excess of 80 percent of the taxpayer's contribution base for the taxable year over the amount of charitable contributions allowable under subparagraphs (A) and (B) (determined without regard to subparagraph (C)). ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of such clause, such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a medical research contribution in each of the 10 succeeding taxable years in order of time. ``(iii) Treatment of capital gain property.--In the case of any medical research contribution of capital gain property (as defined in subparagraph (C)(iv)), subsection (e)(1) shall apply to such contribution. ``(iv) Medical research contribution.--For purposes of this subparagraph, the term `medical research contribution' means a charitable contribution-- ``(I) to an organization described in clauses (ii), (iii), (v), or (vi) of subparagraph (A), and ``(II) which is designated for use in conducting medical research. ``(v) Medical research.--For purposes of this subparagraph, the term `medical research' has the meaning given such term under the regulations promulgated under subparagraph (A)(ii), as in effect on the date of the enactment of this subparagraph.''. (b) Conforming Amendments.-- (1) Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended in the matter preceding clause (i) by inserting ``(other than a medical research contribution)'' after ``contribution''. (2) Section 170(b)(1)(B) of such Code is amended by inserting ``or a medical research contribution'' after ``applies''. (3) Section 170(b)(1)(C)(i) of such Code is amended by striking ``subparagraph (D)'' and inserting ``subparagraph (D) or (G)''. (4) Section 170(b)(1)(D)(i) of such Code is amended-- (A) in the matter preceding subclause (I), by inserting ``or a medical research contribution'' after ``applies'', and (B) in the second sentence, by inserting ``(other than medical research contributions)'' before the period. (c) Effective Date.--The amendments made by this section shall apply-- (1) to contributions made in taxable years beginning after December 31, 2001, and (2) to contributions made on or before December 31, 2001, but only to the extent that a deduction would be allowed under section 170 of the Internal Revenue Code of 1986 for taxable years beginning after December 31, 1999, had section 170(b)(1)(G) of such Code (as added by this section) applied to such contributions when made. SEC. 3. TREATMENT OF CERTAIN INCENTIVE STOCK OPTIONS. (a) AMT Adjustments.--Section 56(b)(3) of the Internal Revenue Code of 1986 (relating to treatment of incentive stock options) is amended-- (1) by striking ``Section 421'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), section 421'', and (2) by adding at the end the following new subparagraph: ``(B) Exception for certain medical research stock.-- ``(i) In general.--This paragraph shall not apply in the case of a medical research stock transfer of stock acquired pursuant to the exercise of an incentive stock option occurring within the same taxable year as the exercise. ``(ii) Medical research stock transfer.--For purposes of clause (i), the term `medical research stock transfer' means a transfer-- ``(I) of stock which is traded on an established securities market, and ``(II) which is a medical research contribution (as defined in section 170(b)(1)(G)(iv)).''. (b) Nonrecognition of Certain Incentive Stock Options.--Section 422(c) of the Internal Revenue Code of 1986 (relating to special rules) is amended by adding at the end the following new paragraph: ``(8) Medical research contributions.--For purposes of this section and section 421, the transfer of a share of stock which is a medical research stock transfer (as defined in section 56(b)(3)(B)) shall be treated as meeting the requirements of subsection (a)(1).''. (c) Effective Date.--The amendments made by this section shall apply to transfers of stock made after the date of the enactment of this Act.

Medical Research Investment Act of 2001 - Amends the Internal Revenue Code to provide a special limitation for charitable contributions for medical research. Permits the carryover (for 10 succeeding years) of any excess of such contribution.Provides for the special treatment of medical research incentive stock options.

To amend the Internal Revenue Code of 1986 to encourage charitable contributions to public charities for use in medical research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Policy Improvement Act of 2001''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Vessel COASTAL VENTURE. Sec. 4. Expansion of American Merchant Marine Memorial Wall of Honor. Sec. 5. Discharge of agricultural cargo residue. Sec. 6. Recording and discharging maritime liens. Sec. 7. Tonnage of R/V DAVIDSON. Sec. 8. Miscellaneous certificates of documentation. Sec. 9. Exemption for Victory Ships. Sec. 10. Certificate of documentation for 3 barges. Sec. 11. Certificate of documentation for the EAGLE. Sec. 12. Waiver for vessels in New World Challenge Race. Sec. 13. Vessel ASPHALT COMMANDER. SEC. 3. VESSEL COASTAL VENTURE. Section 1120(g) of the Coast Guard Authorization Act of 1996 (Public Law 104-324; 110 Stat. 3978) is amended by inserting ``COASTAL VENTURE (United States official number 971086),'' after ``vessels''. SEC. 4. EXPANSION OF AMERICAN MERCHANT MARINE MEMORIAL WALL OF HONOR. (a) Findings.--The Congress finds that-- (1) the United States Merchant Marine has served the people of the United States in all wars since 1775; (2) the United States Merchant Marine served as the Nation's first navy and defeated the British Navy to help gain the Nation's independence; (3) the United States Merchant Marine kept the lifeline of freedom open to the allies of the United States during the Second World War, making one of the most significant contributions made by any nation to the victory of the allies in that war; (4) President Franklin D. Roosevelt and many military leaders praised the role of the United States Merchant Marine as the ``Fourth Arm of Defense'' during the Second World War; (5) more than 250,000 men and women served in the United States Merchant Marine during the Second World War; (6) during the Second World War, members of the United States Merchant Marine faced dangers from the elements and from submarines, mines, armed raiders, destroyers, aircraft, and ``kamikaze'' pilots; (7) during the Second World War, at least 6,830 members of the United States Merchant Marine were killed at sea; (8) during the Second World War, 11,000 members of the United States Merchant Marine were wounded, at least 1,100 of whom later died from their wounds; (9) during the Second World War, 604 members of the United States Merchant Marine were taken prisoner; (10) 1 in 32 members of the United States Merchant Marine serving in the Second World War died in the line of duty, suffering a higher percentage of war-related deaths than any of the other armed services of the United States; and (11) the United States Merchant Marine continues to serve the United States, promoting freedom and meeting the high ideals of its former members. (b) Grants To Construct Addition to American Merchant Marine Memorial Wall of Honor.-- (1) In general.--The Secretary of Transportation may make grants to the American Merchant Marine Veterans Memorial Committee, Inc., to construct an addition to the American Merchant Marine Memorial Wall of Honor located at the Los Angeles Maritime Museum in San Pedro, California. (2) Federal share.--The Federal share of the cost of activities carried out with a grant made under this section shall be 50 percent. (3) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2002. SEC. 5. DISCHARGE OF AGRICULTURAL CARGO RESIDUE. Notwithstanding any other provision of law, the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.) that implement Annex V to the International Convention for the Prevention of Pollution from Ships. SEC. 6. RECORDING AND DISCHARGING MARITIME LIENS. (a) Liens on Any Documented Vessel.-- (1) In general.--Section 31343 of title 46, United States Code, is amended as follows: (A) By amending the section heading to read as follows: ``Sec. 31343. Recording and discharging liens''. (B) In subsection (a) by striking ``covered by a preferred mortgage filed or recorded under this chapter'' and inserting ``documented, or for which an application for documentation has been filed, under chapter 121''. (C) By amending subsection (b) to read as follows: ``(b)(1) The Secretary shall record a notice complying with subsection (a) of this section if, when the notice is presented to the Secretary for recording, the person having the claim files with the notice a declaration stating the following: ``(A) The information in the notice is true and correct to the best of the knowledge, information, and belief of the individual who signed it. ``(B) A copy of the notice, as presented for recordation, has been sent to each of the following: ``(i) The owner of the vessel. ``(ii) Each person that recorded under section 31343(a) of this title an unexpired notice of a claim of an undischarged lien on the vessel. ``(iii) The mortgagee of each mortgage filed or recorded under section 31321 of this title that is an undischarged mortgage on the vessel. ``(2) A declaration under this subsection filed by a person that is not an individual must be signed by the president, member, partner, trustee, or other official authorized to execute the declaration on behalf of the person.''. (D) By amending subsection (c) to read as follows: ``(c)(1) On full and final discharge of the indebtedness that is the basis for a notice of claim of lien recorded under subsection (b) of this section, the person having the claim shall provide the Secretary with an acknowledged certificate of discharge of the indebtedness. The Secretary shall record the certificate. ``(2) The district courts of the United States shall have jurisdiction over a civil action to declare that a vessel is not subject to a lien claimed under subsection (b) of this section, or that the vessel is not subject to the notice of claim of lien, or both, regardless of the amount in controversy or the citizenship of the parties. Venue in such an action shall be in the district where the vessel is found, or where the claimant resides, or where the notice of claim of lien is recorded. The court may award costs and attorneys fees to the prevailing party, unless the court finds that the position of the other party was substantially justified or other circumstances make an award of costs and attorneys fees unjust.''. (E) By adding at the end the following: ``(e) A notice of claim of lien recorded under subsection (b) of this section shall expire 3 years after the date specified in the notice under subsection (b) of this section. ``(f) This section does not alter in any respect the law pertaining to the establishment of a maritime lien, the remedy provided by such a lien, or the defenses thereto, including any defense under the doctrine of laches.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 313 of title 46, United States Code, is amended by striking the item relating to section 31343 and inserting the following: ``31343. Recording and discharging liens.''. (b) Notice Requirements.--Section 31325 of title 46, United States Code, is amended as follows: (1) In subsection (d)(1)(B) by striking ``a notice of a claim'' and inserting ``an unexpired notice of a claim''. (2) In subsection (f)(1) by striking ``a notice of a claim'' and inserting ``an unexpired notice of a claim''. (c) Approval of Surrender of Documentation.--Section 12111 of title 46, United States Code, is amended by adding at the end the following: ``(d)(1) The Secretary shall not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title. ``(2) The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.''. (d) Technical Correction.--Section 9(c) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)) is amended in the matter preceding paragraph (1) by striking ``Except'' and all that follows ``12106(e) of title 46,'' and inserting ``Except as provided in section 611 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1181) and in sections 12106(e) and 31322(a)(1)(D) of title 46,''. (e) Effective Date.--This section shall take effect July 1, 2002. SEC. 7. TONNAGE OF R/V DAVIDSON. (a) In General.--The Secretary of Transportation shall prescribe a tonnage measurement as a small passenger vessel as defined in section 2101 of title 46, United States Code, for the vessel R/V DAVIDSON (United States official number D1066485) for purposes of applying the optional regulatory measurement under section 14305 of that title. (b) Application.--Subsection (a) shall apply only when the vessel is operating in compliance with the requirements of section 3301(8) of title 46, United States Code. SEC. 8. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION. Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App. 289), and sections 12106 and 12108 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the following vessels: (1) LOOKING GLASS (United States official number 925735). (2) YANKEE (United States official number 1076210). (3) LUCKY DOG of St. Petersburg, Florida (State of Florida registration number FLZP7569E373). (4) ENTERPRIZE (United States official number 1077571). (5) M/V SANDPIPER (United States official number 1079439). (6) FRITHA (United States official number 1085943). (7) PUFFIN (United States official number 697029). (8) VICTORY OF BURNHAM (United States official number 663780). (9) R'ADVENTURE II (United States official number 905373). (10) ANTJA (State of Florida registration number FL3475MA). (11) SKIMMER, manufactured by Contour Yachts, Inc. (hull identification number QHG34031D001). (12) TOKEENA (State of South Carolina registration number SC 1602 BJ). (13) DOUBLE EAGLE2 (United States official number 1042549). (14) ENCOUNTER (United States official number 998174). (15) AJ (United States official number 599164). (16) BARGE 10 (United States official number 1101368). (17) NOT A SHOT (United States official number 911064). (18) PRIDE OF MANY (Canadian official number 811529). (19) AMAZING GRACE (United States official number 92769). (20) SHEWHO (United States official number 1104094). SEC. 9. EXEMPTION FOR VICTORY SHIPS. Section 3302(l)(1) of title 46, United States Code, is amended by adding at the end the following: ``(D) The steamship SS Red Oak Victory (United States official number 249410), owned by the Richmond Museum Association, located in Richmond, California. ``(E) The SS American Victory (United States official number 248005), owned by Victory Ship, Inc., of Tampa, Florida.''. SEC. 10. CERTIFICATE OF DOCUMENTATION FOR 3 BARGES. (a) Documentation Certificate.--Notwithstanding section 12106 of title 46, United States Code, and section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), and subject to subsection (c) of this section, the Secretary of Transportation may issue a certificate of documentation with an appropriate endorsement for employment in the coastwise trade for each of the vessels listed in subsection (b). (b) Vessels Described.--The vessels referred to in subsection (a) are the following: (1) The former Navy deck barge JIM, having a length of 110 feet and a width of 34 feet. (2) The former railroad car barge HUGH, having a length of 185 feet and a width of 34 feet. (3) The former railroad car barge TOMMY, having a length of 185 feet and a width of 34 feet. (c) Limitation on Operation.--A vessel issued a certificate of documentation under this section may be used only as a floating platform for launching fireworks, including transportation of materials associated with that use. SEC. 11. CERTIFICATE OF DOCUMENTATION FOR THE EAGLE. Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), chapter 121 of title 46, United States Code, and section 1 of the Act of May 28, 1906 (46 U.S.C. App. 292), the Secretary of Transportation shall issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel EAGLE (hull number BK--1754, United States official number 1091389) if the vessel is-- (1) owned by a State, a political subdivision of a State, or a public authority chartered by a State; (2) if chartered, chartered to a State, a political subdivision of a State, or a public authority chartered by a State; (3) operated only in conjunction with-- (A) scour jet operations; or (B) dredging services adjacent to facilities owned by the State, political subdivision, or public authority; and (4) externally identified clearly as a vessel of that State, subdivision or authority. SEC. 12. WAIVER FOR VESSELS IN NEW WORLD CHALLENGE RACE. Notwithstanding section 8 of the Act of June 19, 1886 (46 App. U.S.C. 289), beginning on April 1, 2002, the 10 sailboats participating in the New World Challenge Race may transport guests, who have not contributed consideration for their passage, from and around the ports of San Francisco and San Diego, California, before and during stops of that race. This section shall have no force or effect beginning on the earlier of-- (1) 60 days after the last competing sailboat reaches the end of that race in San Francisco, California; or (2) December 31, 2003. SEC. 13. VESSEL ASPHALT COMMANDER. Notwithstanding any other law or agreement with the United States Government, the vessel ASPHALT COMMANDER (United States official number 663105) may be transferred to or placed under a foreign registry or sold to a person that is not a citizen of the United States and transferred to or placed under a foreign registry.

Maritime Policy Improvement Act of 2001 - Amends the Coast Guard Authorization Act of 1996 to authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to a specified vessel.(Sec. 4) Authorizes the Secretary of Transportation to make grants to the American Merchant Marine Veterans Memorial Committee, Inc., to construct an addition to the American Merchant Marine Memorial Wall of Honor located at the Los Angeles Maritime Museum in San Pedro, California. Authorizes appropriations.(Sec. 5) States that the discharge from a vessel of any agricultural cargo residue material in the form of hold washings shall be governed exclusively by the provisions of the Act to Prevent Pollution from Ships that implement Annex V to the International Convention for the Prevention of Pollution from Ships.(Sec. 6) Revises the method for recording and discharging certain maritime liens.(Sec. 7) Directs the Secretary of Transportation to prescribe a tonnage measurement as a small passenger vessel for a named vessel for purposes of applying the optional regulatory measurement.(Sec. 8) Authorizes the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to twenty specified vessels.(Sec. 9) Authorizes exempting two specified vessels from certain inspection requirements for passenger vessels so long as the vessels are owned by nonprofit organizations and operated as nonprofit memorials to merchant mariners.(Sec. 10) Authorizes the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to three specified vessels.(Sec. 11) Authorizes the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade to a specified vessel, under specified circumstances.(Sec. 12) Permits, for a limited period of time, the 10 sailboats participating in the New World Challenge Race to transport guests, who have not contributed consideration for their passage, from and around the ports of San Francisco and San Diego, California, before and during stops of that race.(Sec. 13) Permits a specified vessel to be transferred to or placed under a foreign registry or sold to a person that is not a U.S. citizen and transferred to or placed under a foreign registry.

To improve the recording and discharging of maritime liens and expand the American Merchant Marine Memorial Wall of Honor, and for other purposes.

SECTION 1. LOCAL WELLNESS POLICY; HEALTHY HABITS CHALLENGE PROGRAM. The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) is amended by inserting after section 19, the following: ``SEC. 19A. LOCAL WELLNESS POLICY; HEALTHY HABITS CHALLENGE PROGRAM. ``(a) Local Wellness Policy.-- ``(1) In general.--Not later than the first day of the school year beginning after June 30, 2010, each local educational agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall establish or expand a local school wellness policy for schools under the local educational agency that, at a minimum-- ``(A) includes goals for nutrition education, physical activity, and other school-based activities that are designed to promote student wellness in a manner that the local educational agency determines is appropriate; ``(B) includes nutrition guidelines selected by the local educational agency for all foods available on each school campus under the local educational agency during the school day with the objectives of promoting student health and reducing childhood obesity; ``(C) provides an assurance that guidelines for reimbursable school meals shall not be less restrictive than regulations and guidance issued by the Secretary pursuant to subsections (a) and (b) of section 10 of this Act and sections 9(f)(1) and 17(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(f)(1), 1766(a)), as those regulations and guidance apply to schools; ``(D) establishes a plan for measuring implementation of the local wellness policy, including designation of 1 or more persons within the local educational agency or at each school, as appropriate, charged with operational responsibility for ensuring that the school meets the local wellness policy; and ``(E) involves parents, students, representatives of the school food authority, the school board, school administrators, and the public in the development of the school wellness policy. ``(2) Technical assistance and best practices.-- ``(A) In general.--From the amounts appropriated to carry out this paragraph, the Secretary, in coordination with the Secretary of Education and in consultation with the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall make available to local educational agencies, school food authorities, and State educational agencies, on request, information and technical assistance for use in-- ``(i) establishing healthy school nutrition environments; ``(ii) reducing childhood obesity; and ``(iii) preventing diet-related chronic diseases. ``(B) Content.--Technical assistance provided by the Secretary under this paragraph shall-- ``(i) include relevant and applicable examples of schools and local educational agencies that have taken steps to offer healthy options for foods sold or served in schools; ``(ii) include such other technical assistance as is required to carry out the goals of promoting sound nutrition and establishing healthy school nutrition environments that are consistent with this subsection; ``(iii) be provided in such a manner as to be consistent with the specific needs and requirements of local educational agencies; ``(iv) providing examples of model local school wellness policies developed by the Secretary; and ``(v) be for guidance purposes only and not be construed as binding or as a mandate to schools, local educational agencies, school food authorities, or State educational agencies. ``(b) Healthy Habits School Challenge Program.-- ``(1) Program established.--From the amounts appropriated to carry out this section, not later than 180 days after the date of the enactment of this section, the Secretary shall establish the Healthy Habits School Challenge Program (in this subsection referred to as the `Program') to reduce childhood obesity by recognizing schools that are creating healthier school environments for children by promoting good nutrition and physical activity. ``(2) Participation requirements.--In order to receive recognition under the Program, a school shall-- ``(A) demonstrate to the Secretary, at such time and in such manner as the Secretary may require, that the school-- ``(i) has adopted and is carrying out the model local school wellness policy described by the Secretary under subsection (a)(2)(B)(iv); ``(ii) provides nutrition education-- ``(I) in the case of an elementary school that offers more than 1 grade level, to students in at least half, but not fewer than 2, of the grade levels offered by the school; ``(II) in the case an elementary school that offers only 1 grade level, to all students enrolled in the school; ``(III) in the case of a middle school, to students in at least 1 grade level as part of a required year round instruction; and ``(IV) in the case of a high school, in at least 2 courses required for graduation; ``(iii) in the case of an elementary school or middle school, provides students with structured physical education classes and unstructured daily opportunities for physical activity; ``(iv) in the case of a high school-- ``(I) offers structured physical education classes to students in at least 2 grade levels; and ``(II) provides all students enrolled in the school opportunities to participate in physical activity throughout the school year; and ``(v) adheres to the most recent nutrition rules promulgated by the Secretary-- ``(I) under section 9(a)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(4)) for foods and food ingredients offered in school nutrition programs under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and this Act; and ``(II) for foods and food ingredients offered by schools outside of the programs; and ``(B) maintain a record of the participation of students in the activities under the benchmarks developed by the Secretary under paragraph (3) and the number of the benchmarks achieved by the school, and submit a report of such record to the Secretary at such time and in such manner as the Secretary may require. ``(3) Benchmarks.--Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop demonstrable benchmarks for schools participating in the Program under this subsection, which shall take into account-- ``(A) the consumption by students at participating schools of a certain number of fresh fruits and vegetables per a certain number of weeks; and ``(B) the availability of healthy alternatives for meals and snacks in the cafeteria of participating schools, including whole wheat bread products and fresh fruits and vegetables. ``(4) Performance awards.--The Secretary and the Secretary of Education shall, jointly, determine which benchmarks should be achieved to receive distinction under the Program, and the levels of distinction available under the Program. ``(5) Definitions.--In this subsection: ``(A) Elementary school.--The term `elementary school' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(B) Middle school.--The term `middle school' means a public school in which the entering grade is not lower than grade 6 and the highest grade is not higher than grade 8, as determined under State law. ``(C) High school.--The term `high school' means a public school in which the entering grade is not lower than grade 9 and the highest grade is grade 12, as determined under State law.''. SEC. 2. UPDATING NUTRITION RULES. Section 9(a)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(4)) is amended by adding at the end the following: ``(C) Updating nutrition rules.--From the amounts appropriated to carry out this subparagraph, the Secretary shall enter into a contract with the Institute of Medicine to provide recommendations to the Secretary on updating the rules promulgated under subparagraph (B).''. SEC. 3. CONFORMING AMENDMENT. Section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed.

Amends the Child Nutrition Act of 1966 to require local educational agencies (LEA) participating in the school lunch or breakfast programs to establish or expand a local school wellness policy for their schools that: (1) includes goals for nutrition education, physical activity, and other school-based activities that promote student wellness; (2) includes nutrition guidelines for all foods in school during the day that promote student health and reduce childhood obesity; (3) ensures that the dietary guidelines for reimbursable school meals are no less restrictive than those issued by the Secretary of Agriculture under the school lunch program; (4) provides for the measurement and oversight of the policy's implementation; and (5) involves parents, students, the school food authority, the school board, school administrators, and the public in its development. Directs the Secretary to provide LEAs, school food authorities, and states, on request, information and technical assistance in: (1) establishing healthy school nutrition environments; (2) reducing childhood obesity; and (3) preventing diet-related chronic diseases. Directs the Secretary to establish the Healthy Habits School Challenge program to reduce childhood obesity by recognizing schools that are creating healthier school environments for children by promoting good nutrition and physical activity. Requires such schools to adopt a model school wellness policy developed by the Secretary. Requires the Secretary to contract with the Institute of Medicine to provide the Secretary with recommendations for updating the nutrition rules for the school lunch and breakfast programs.

To amend the Child Nutrition Act of 1966 to establish the Healthy Habits School Challenge Program to reduce childhood obesity by recognizing schools that are creating healthier school environments for children by promoting good nutrition and physical activity, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Illegal Obamacare Subsidies Act''. SEC. 2. LIMITATION ON AUTO-ENROLLMENT. Notwithstanding any other provision of law, American Health Benefit Exchanges shall not provide for automatic enrollment in health plans under such exchanges until the Inspector General of the Department of Health and Human Services verifies that each State Exchange established under section 1311 of the Patient Protection and Affordable Care Act (42 U.S.C. 13031) and the Federal Exchange established under section 1321 of such Act (42 U.S.C. 18041) has resolved the inconsistencies (as defined in section 3(a)) outlined in the June 2014 report of such Inspector General. SEC. 3. PROCESS FOR APPLICATIONS WITH INCONSISTENCIES. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall make public the steps that the Centers for Medicare & Medicaid Services and the Federal Exchange will take to clear any inconsistencies that arose on or before the date of enactment of this Act and to ensure that the systems used by the Centers for Medicare & Medicaid Services to determine or assess eligibility for premium tax credits, cost-sharing reductions, Medicaid, and the State Children's Health Insurance Program (CHIP) can resolve such inconsistencies not later than 30 days after the date of enactment of this Act. (b) Methods To Monitor Progress.--Not later than 30 days after the date of enactment of this Act, the Secretary shall make public the methods that the Centers for Medicare & Medicaid Services use to monitor, track, and measure the progress of the Federal Exchange and State Exchanges in resolving inconsistencies. (c) Suspension of Financial Assistance Programs.--Premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and the reduced cost-sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) shall not be available for plan year 2015. Such premium tax credit and cost- sharing programs shall resume only after-- (1) the Commissioner of the Social Security Administration affirmatively declares that all inconsistencies related to invalid social security numbers have been resolved; and (2) the Inspector General of the Department of Health and Human Services determines that all inconsistencies, as defined in section 4(1), have been resolved. (d) Requests for Additional Information.-- (1) In general.--If applicant information provided by an individual seeking to enroll in a qualified health plan on a State or Federal Exchange contains inconsistencies, the Secretary shall request additional information from the individual, and the individual shall have 90 days to provide such information. (2) Restrictions during inconsistency period.--During the inconsistency period, an individual may be enrolled in qualified health plan, but may not participate in the premium assistance credit program under section 36B of the Internal Revenue Code of 1986 or the reduced cost-sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). An individual who cooperates with a request for additional information and whom the Secretary later determines to be eligible for such programs, shall retroactively receive the benefits of such programs that such individual was eligible to receive for the inconsistency period. (3) Failure to submit additional information.--If the applicant does not submit additional information requested under subparagraph (A)-- (A)(i) the applicant shall be withdrawn from the premium assistance credit program under section 36B of the Internal Revenue Code of 1986 and the reduced cost- sharing program under section 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071), as applicable, at the end of the inconsistency period; and (ii) the Secretary shall send notification of such disenrollment to the applicable health insurance issuer; and (B) the applicant shall re-enroll in a qualified health plan with appropriate and accurate information during the next open enrollment period. SEC. 4. DEFINITIONS. In this Act-- (1) the term ``inconsistencies'' means differences between the self-attested information provided by an applicant in enrolling in a health plan on an Exchange and being determined eligible for premium tax credits and cost-sharing reductions or in being determined to be eligible for enrollment in a State Medicaid plan or a State child health plan under the State Children's Health Insurance Program (CHIP) and the data received through the Federal Data Services Hub or from other data sources, including differences with respect to-- (A) citizenship; (B) income; (C) coverage under an eligible employer-sponsored plan; (D) incarceration status; or (E) any other issue that would impact individual's eligibility for financial assistance programs under the Patient Protection and Affordable Care Act (including the amendments made by such Act); and (2) the term ``inconsistency period'' means the 90-day period beginning on the date the notice of an inconsistency is sent to the applicant.

Stopping Illegal Obamacare Subsidies Act - Prohibits American Health Benefit Exchanges from providing for automatic enrollment in health plans until the Inspector General (IG) of the Department of Health and Human Services (HHS) verifies that each state exchange and the federal exchange established under the Patient Protection and Affordable Care Act (PPACA) have resolved the inconsistencies outlined in the June 14 IG report. Directs the Secretary of HHS to make public the steps that the Centers for Medicare and Medicaid Services (CMS) and the federal exchange will take to clear any inconsistencies that arose on or before the enactment of this Act and to ensure that the systems used by the CMS to determine or assess eligibility for premium tax credits, cost-sharing reductions, Medicaid, and the State Children's Health Insurance Program (CHIP) under title XXI of the Social Security Act can resolve such inconsistencies within 30 days after enactment of this Act. Directs the Secretary to make public the methods that the CMS use to monitor, track, and measure the progress of the federal and state exchanges in resolving inconsistencies. Suspends for plan year 2015 the availability of premium assistance tax credits and the reduced cost-sharing program under PPACA; and allows them to resume only after the Commissioner of the Social Security Administration declares affirmatively that all inconsistencies related to invalid Social Security numbers have been resolved, and the IG determines that this is so. Directs the Secretary to request additional information from any applicant for a qualified health plan on a state or federal exchange whose information contains inconsistencies. Requires the applicant to: (1) be withdrawn from the premium assistance credit and reduced cost-sharing programs if the additional information is not provided within 90 days, and (2) re-enroll in a qualified health plan with appropriate and accurate information during the next open enrollment period.

Stopping Illegal Obamacare Subsidies Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for the Military Reserve Act of 2000''. SEC. 2. TRAVEL BY RESERVES ON MILITARY AIRCRAFT OUTSIDE CONTINENTAL UNITED STATES. (a) Space-Required Travel for Travel to Duty Stations OCONUS.--(1) Subsection (a) of section 18505 of title 10, United States Code, is amended-- (A) by inserting ``annual training duty or'' before ``inactive-duty training'' both places it appears; and (B) by inserting ``duty or'' before ``training if''. (2) The heading of such section is amended to read as follows: ``Sec. 18505. Space-required travel: Reserves traveling to annual training duty or inactive-duty training OCONUS''. (b) Space-Available Travel for Members of Selected Reserve and Gray Area Retirees.--(1) Chapter 1805 of such title is amended by adding at the end the following new section: ``Sec. 18506. Space-available travel: Selected Reserve members and reserve retirees under age 60; dependents ``(a) Eligibility for Space-Available Travel.--The Secretary of Defense shall prescribe regulations to provide persons described in subsection (b) with transportation on aircraft of the Department of Defense on a space-available basis under the same terms and conditions (including terms and conditions applicable to travel outside the United States) as apply to members and former members of the armed forces entitled to retired pay. ``(b) Eligible Persons.--Subsection (a) applies to the following persons: ``(1) A person who is a member of the Selected Reserve in good standing (as determined by the Secretary concerned). ``(2) A person who is a member or former member of a reserve component under age 60 who, but for age, would be entitled to retired pay under chapter 1223 of this title. ``(c) Dependents.--A dependent of a person described in subsection (b) shall be provided transportation under this section on the same basis as dependents of members and former members of the armed forces entitled to retired pay. ``(d) Limitation on Required Identification.--Neither the `Authentication of Reserve Status for Travel Eligibility' form (DD Form 1853) nor any other form, other military identification and duty orders or other forms of identification required of active duty personnel, may be required to be presented by persons requesting space-available transportation within or outside the continental United States under this section. ``(e) Dependent Defined.--In this section, the term `dependent' has the meanings given that term in subparagraphs (A), (B), (C), (D), and (I) of section 1074(2) of this title.''. (2) The table of sections at the beginning of such chapter is amended by striking the item relating to section 18505 and inserting the following: ``18505. Space-required travel: Reserves traveling to annual training duty or inactive-duty training OCONUS. ``18506. Space-available travel: Selected Reserve members and reserve retirees under age 60; dependents.''. (c) Effective Date.--The regulations required under section 18506 of title 10, United States Code, as added by subsection (b), shall be prescribed not later than 180 days after the date of the enactment of this Act. SEC. 3. BILLETING SERVICES FOR RESERVE MEMBERS TRAVELING FOR INACTIVE DUTY TRAINING. (a) In General.--(1) Chapter 1217 of title 10, United States Code, is amended by inserting after section 12603 the following new section: ``Sec. 12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training ``(a) Authority for Billeting on Same Basis as Active Duty Members Traveling Under Orders.--The Secretary of Defense shall prescribe regulations authorizing a Reserve traveling to inactive-duty training at a location more than 50 miles from that Reserve's residence to be eligible for billeting in Department of Defense facilities on the same basis and to the same extent as a member of the armed forces on active duty who is traveling under orders away from the member's permanent duty station. ``(b) Proof of Reason for Travel.--The Secretary shall include in the regulations the means for confirming a Reserve's eligibility for billeting under subsection (a).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 12603 the following new item: ``12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training. (b) Effective Date.--Section 12604 of title 10, United States Code, as added by subsection (a), shall apply with respect to periods of inactive-duty training beginning more than 180 days after the date of the enactment of this Act. SEC. 4. INCREASE IN MAXIMUM NUMBER OF RESERVE RETIREMENT POINTS THAT MAY BE CREDITED IN ANY YEAR. Section 12733(3) of title 10, United States Code, is amended by striking ``but not more than'' and all that follows and inserting ``but not more than-- ``(A) 60 days in any one year of service before the year of service that includes September 23, 1996; ``(B) 75 days in the year of service that includes September 23, 1996, and in any subsequent year of service before the year of service that includes the date of the enactment of the Reserve Components Equity Act of 2000; and ``(C) 90 days in the year of service that includes the date of the enactment of the Reserve Components Equity Act of 2000 and in any subsequent year of service.''. SEC. 5. AUTHORITY FOR PROVISION OF LEGAL SERVICES TO RESERVE COMPONENT MEMBERS FOLLOWING RELEASE FROM ACTIVE DUTY. (a) Legal Services.--Section 1044(a) of title 10, United States Code, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph (4): ``(4) Members of reserve components of the armed forces not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary of Defense), but only during the period that begins on the date of the release and is equal to twice the length of the period served on active duty under such call or order to active duty.''. (b) Dependents.--Paragraph (5) of such section, as redesignated by subsection (a)(1), is amended by striking ``and (3)'' and inserting ``(3), and (4)''. (c) Implementing Regulations.--Regulations to implement the amendments made by this section shall be prescribed not later than 180 days after the date of the enactment of this Act.

Directs the Secretary of Defense to prescribe regulations to provide the following persons with transportation on Department of Defense (DOD) aircraft on a space-available basis under the same terms and conditions that apply to members of the armed forces entitled to retired pay: (1) members of the Selected Reserve in good standing; (2) a former reserve member under 60 years of age who would be eligible for retired pay except for being under such age; and (3) dependents of the above. Limits the required identification for such travel. Directs the Secretary to prescribe regulations authorizing a reserve member traveling to inactive duty training at least 50 miles from home to be eligible for billeting (housing) in DOD facilities on the same basis as active-duty personnel traveling under orders away from such member's duty station. Requires proof of the reason for such travel. Increases the maximum number of reserve retirement points that may be credited in a year for reserve service from 75 to 90 for years during and subsequent to the date of enactment of the Reserve Component Equity Act of 1999. Authorizes the Secretary of the military department concerned to provide civil legal services to reserve personnel (and their dependents) not otherwise entitled to such services following a release from active duty under a call or order to such duty for more than 30 days under a mobilization authority, but only for a period that is not in excess of twice the length of the duty period served.

Fairness for the Military Reserve Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Responsibility and Taxpayer Protection Act of 2017''. SEC. 2. TAX ON EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS. (a) In General.--The Internal Revenue Code of 1986 is amended by inserting after chapter 36 the following new chapter: ``CHAPTER 37--EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS ``SEC. 4501. EMPLOYERS WITH EMPLOYEES RECEIVING CERTAIN FEDERAL BENEFITS. ``(a) Imposition of Tax.--There is hereby imposed on each large employer a tax equal to 100 percent of the qualified employee benefits with respect to such employer for the taxable year. ``(b) Large Employer.-- ``(1) In general.--For purposes of this section, the term `large employer' means, with respect to a calendar year, an employer who employed an average of at least 500 full-time employees on business days during the preceding calendar year. ``(2) Rules for determining employer size.--For purposes of this subsection-- ``(A) Application of aggregation rule for employers.--All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as 1 employer. ``(B) Full-time equivalents treated as full-time employees.--Solely for purposes of determining whether an employer is an applicable large employer under this paragraph, an employer shall, in addition to the number of full-time employees for any month otherwise determined, include for such month a number of full- time employees determined by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 120. ``(C) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether such employer is a large employer shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(D) Predecessors.--Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. ``(c) Qualified Employee Benefits.--For purposes of this section: ``(1) In general.--The term `qualified employee benefits' means, with respect to a person for a taxable year, the sum the qualified Federal benefits for which individuals who are employees of such person for such taxable year. ``(2) Qualified federal benefits.--The term `qualified Federal benefits' means, with respect to an individual, the following: ``(A) The dollar value of supplemental nutrition assistance for which the household (as defined in section 3(m) of the Food and Nutrition Act of 2008) that includes such individual is eligible. ``(B) The dollar value of meals that such individual or dependents of such individual are eligible for under the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966. ``(C) The aggregate amount of the monthly assistance payments for rental of a dwelling unit that the household of such individual was a member of is eligible to have made of its behalf pursuant to section 8 of the United States Housing Act of 1937. ``(D) The amount of payments made under section 1903 of the Social Security Act with respect to expenditures made by a State under a State Medicaid plan under title XIX of such Act (or a waiver of such plan) for medical assistance for such individual or for dependents of such individual.''. (b) Clerical Amendments.--The table of chapters for subtitle D of such Code is amended by inserting after the item relating to chapter 36 the following new item: ``Chapter 37--Employers With Employees Receiving Certain Federal Benefits''. (c) Effective Date.--The amendments made by this Act apply with respect to taxable years beginning after December 31, 2017.

Corporate Responsibility and Taxpayer Protection Act of 2017 This bill amends the Internal Revenue Code to impose a tax on large employers whose employees receive certain federal benefits during the year. A "large employer" is an employer who employed an average of at least 500 full-time employees on business days during the preceding year. The tax is equal to the benefits that the employees receive under: (1) the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program), (2) the school lunch and school breakfast programs administered under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, (3) section 8 of the United States Housing Act of 1937, and (4) Medicaid.

Corporate Responsibility and Taxpayer Protection Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Afghanistan Security and Stability Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Congress supports the following elements outlined in the President's White Paper of the Interagency Policy Group's Report on United States Policy Toward Afghanistan and Pakistan: (A) The United States has a vital national security interest in addressing the current and potential security threats posed by extremists in Afghanistan and Pakistan. (B) The United States homeland, Pakistan, Afghanistan, India, Europe, Australia, and United States allies in the Middle East remain targets of al Qaeda and other extremist groups. (C) At the same time, the Taliban and related organizations seek to reestablish their old sanctuaries in Afghanistan. (2) Afghanistan is a central front in the global struggle against al Qaeda and other affiliated networks. A stable Afghanistan that is free from al Qaeda, the Taliban, and extremist influence and ideology will require a patient, long- term, integrated political, military, and economic strategy that is adequately resourced to accomplish its objectives. (3) Allowing Afghanistan to revert to its pre-September 11, 2001, status of control by al Qaeda and the Taliban is not an option for United States policy. (4) Security and stability in Afghanistan is further complicated given the prevalence of ungoverned space between Afghanistan and Pakistan in which state control has not been fully exercised given ethnic and tribal affiliations. (5) The United States will continue to demonstrate its long-term commitment to the people of Afghanistan by-- (A) sustained civilian assistance and providing United States commanders with the troops and resources needed to conduct counterinsurgency operations with the support of the Government and people of Afghanistan; and (B) continuing to engage the Afghan people in ways that demonstrate United States commitment to promoting a legitimate and capable Afghan government. (6) The objectives of United States policy toward Afghanistan are to empower and enable Afghanistan to-- (A) develop into secure and stable state with a government that exercises full control and authority over all the country; and (B) develop increasingly reliable and capable Afghan security forces that can actively confront, and deny safe haven to, al Qaeda, the Taliban, and other extremists and eventually lead the counterinsurgency and counterterrorism fight with reduced United States assistance. SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR AFGHANISTAN. (a) In General.--Not later than 30 days after the date of the enactment of the Supplemental Appropriations Act of 2009, the President shall develop and transmit to the appropriate congressional committees a comprehensive interagency strategy and implementation plan for long- term security and stability in Afghanistan which shall be composed of the elements specified in subsection (b). (b) Elements.--The comprehensive interagency strategy and implementation plan required by subsection (a) shall contain at least the following elements: (1) A description of how United States assistance described in section 4 will be used to achieve the objectives of United States policy toward Afghanistan. (2) Progress toward the following: (A) Executing and resourcing an integrated civilian-military counterinsurgency strategy in Afghanistan. (B) Disrupting terrorist networks in Afghanistan and Pakistan to degrade any ability such networks have to plan and launch international terrorist attacks. (C) Resourcing and prioritizing civilian assistance in Afghanistan. (D) Promoting a more capable, accountable, and effective government in Afghanistan that serves the Afghan people. (E) Expanding the Afghan National Security Forces and developing self-reliant security forces that can lead the counterinsurgency and counterterrorism fight with reduced United States assistance. (F) Supporting Afghanistan in disrupting and dismantling narco-traffickers and breaking the narcotics-insurgency nexus. (G) Ensuring that nations and various international organizations that have pledged to provide multilateral and bilateral assistance to support efforts to rebuild Afghanistan fulfill their commitment. (H) Developing and strengthening mechanisms for Afghanistan-Pakistan cooperation. (3) A financial plan and description of the resources, programming, and management of United States foreign assistance to Afghanistan, including the criteria used to determine their prioritization. (4) A complete description of both the evaluation process for reviewing and adjusting the strategy and implementation as necessary, and measures of effectiveness for the implementation of the strategy. (c) Intelligence Support.--The Director of National Intelligence shall provide intelligence support to the development of the comprehensive interagency strategy and implementation plan required by subsection (a). (d) Updates of Strategy.--The President shall transmit in writing to the appropriate congressional committees any updates of the comprehensive interagency strategy and implementation plan required by subsection (a), as necessary. SEC. 4. AUTHORIZATION OF ASSISTANCE FOR AFGHANISTAN. (a) In General.--There is authorized to be appropriated to the President, for the purposes of providing assistance to Afghanistan under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), $2,800,000,000 or such sums as may be necessary for each of the fiscal years 2010 through 2013. (b) Use of Funds.--Amounts authorized to be appropriated under this section or otherwise made available to carry out this Act shall be used to the maximum extent practicable as direct expenditures for programs, projects, and activities, subject to existing reporting and notification requirements. SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS. (a) Briefing.--Not later than 30 days after the date of the transmission of the comprehensive interagency strategy and implementation plan required by section 3, and quarterly thereafter through December 1, 2013, the President, acting through the Secretary of State and the Secretary of Defense, shall brief the appropriate congressional committees on the status of the comprehensive interagency strategy and implementation plan. (b) Notification.--The President shall notify the appropriate congressional committees not later than 30 days before obligating any assistance described in section 4 as budgetary support to the Government of Afghanistan or to any persons, agencies, instrumentalities, or elements of the Government of Afghanistan and shall describe the purpose and conditions attached to any such budgetary support assistance. The President shall notify the appropriate congressional committees not later than 30 days before obligating any other type of assistance described in section 4. SEC. 6. DEFINITION. In this Act, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.

United States-Afghanistan Security and Stability Act - Directs the President to develop and transmit to the appropriate congressional committees, with intelligence support from the Director of National Intelligence, a comprehensive interagency strategy and implementation plan for long-term security and stability in Afghanistan. Authorizes appropriations for Afghanistan.

To require the President to develop a comprehensive interagency strategy and implementation plan for long-term security and stability in Afghanistan, and for other purpose.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare and Medicaid Fraud Enforcement and Prevention Act of 2010''. SEC. 2. ENHANCED CRIMINAL PENALTIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) In General.--Section 1128B of the Social Security Act (42 U.S.C. 1320a-7b) is amended-- (1) in subsection (a), by striking ``$10,000 or imprisoned for not more than one year'' and inserting ``$20,000 or imprisoned for not more than two years''; and (2) in each of subsections (a), (b)(1), (b)(2), (c), and (d), by striking ``$25,000 or imprisoned for not more than five years'' and inserting ``$50,000 or imprisoned for not more than 10 years''. (b) Illegal Distribution of Medicare or Medicaid Beneficiary Identification or Billing Privileges.--Section 1128B of such Act (42 U.S.C. 1320a-7b) is amended by adding at the end the following new subsection: ``(g) Whoever knowingly, intentionally, and with the intent to defraud purchases, sells, or distributes, or arranges for the purchase, sale, or distribution of one or more Medicare or Medicaid beneficiary identification numbers or billing privileges under title XVIII or title XIX shall be imprisoned for not more than three years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both.''. (c) Effective Date.--The amendments made by this section shall apply to acts committed on or after the date of the enactment of this Act. SEC. 3. ENHANCED CIVIL AUTHORITIES TO COMBAT MEDICARE AND MEDICAID FRAUD. (a) In General.--Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a-7a(a)) is amended-- (1) in paragraph (1), by striking ``to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)),''; (2) by inserting after paragraph (10), as added by section 6402(d)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) the following new paragraphs: ``(11) conspires to commit a violation of this section; or ``(12) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to a Federal health care program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a Federal health care program;''; (3) in the first sentence-- (A) by striking ``or in cases under paragraph (9)'' and inserting ``in cases under paragraph (9)''; and (B) by striking ``fact)'' and inserting ``fact), in cases under paragraph (11), $50,000 for any violation described in this section committed in furtherance of the conspiracy involved, and in cases under paragraph (12), $50,000 for each false record or statement, or concealment, avoidance, or decrease''; and (4) in the second sentence, by striking ``material fact).'' and inserting ``material fact); or in cases under paragraph (11), an assessment of not more than 3 times the total amount that would otherwise apply for any violation described in this section committed in furtherance of the conspiracy involved; or in cases under paragraph (12), an assessment of not more than 3 times the total amount of the obligation to which the false record or statement was material or that was avoided or decreased.''. (b) Timeframe.--Section 1128A(c)(1) of the Social Security Act (42 U.S.C. 1320a-7a(c)(1)) is amended by striking ``six years'' and inserting ``10 years''. (c) Definitions.--Section 1128A(i) of the Social Security Act (42 U.S.C. 1320a-7a(i)) is amended-- (1) by amending paragraph (2) to read as follows: ``(2) The term `claim' means any application, request, or demand, whether under contract, or otherwise, for money or property for items and services under a Federal health care program (as defined in section 1128B(f)), whether or not the United States or a State agency has title to the money or property, that-- ``(A) is presented or caused to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)); or ``(B) is made to a contractor, grantee, or other recipient if the money or property is to be spent or used on the Federal health care program's behalf or to advance a Federal health care program interest, and if the Federal health care program-- ``(i) provides or has provided any portion of the money or property requested or demanded; or ``(ii) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded.''; (2) by amending paragraph (3) to read as follows: ``(3) The term `item or service' means, without limitation, any medical, social, management, administrative, or other item or service used in connection with or directly or indirectly related to a Federal health care program.''; (3) in paragraph (7)-- (A) by striking ``term `should know' means'' and inserting ``terms `knowing', `knowingly', and `should know' mean''; (B) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (C) by inserting before subparagraph (B), as redesignated by clause (ii), the following new subparagraph: ``(A) has actual knowledge of the information;''; and (D) in the matter following subparagraph (C), as redesignated by clause (ii)-- (i) by inserting ``require'' after ``and''; and (ii) by striking ``is required''; and (4) by adding at the end the following new paragraphs: ``(8) The term `obligation' means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. ``(9) The term `material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property.''. SEC. 4. MEDICARE DATA-MINING SYSTEM; BENEFICIARY VERIFICATION PILOT PROGRAM. (a) Access to Claims and Payment Data.--Section1128J(a)(2) of the Social Security Act, as added by section 6402(a) of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended-- (1) by inserting ``including claims and payment data,'' after ``access to claims and payment data''; and (2) by adding at the end the following sentence: ``In carrying out this section, the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, shall implement mechanisms for the sharing of information about suspected fraud relating to the Federal health care programs under titles XVIII, XIX, and XXI with other appropriate law enforcement officials.''. (b) Beneficiary Verification Pilot Program.-- (1) In general.--By not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this subsection referred to as the ``Secretary'') shall implement a 5-year pilot program (to be know as the ``Beneficiary Verification Pilot Program'') under which the Secretary shall establish a process to verify, with respect to claims for reimbursement under title XVIII of the Social Security Act for items and services (as specified by the Secretary) furnished to Medicare beneficiaries, that the beneficiary for which the claim was made was actually furnished such item or service. Such process may include communicating, by phone or other means, directly with the beneficiary in order to conduct such verification. (2) Reports.--The Secretary shall, for each of the third, fourth, and fifth years of the Beneficiary Verification Pilot Program under this section, submit to Congress a report on the effectiveness of the pilot program in reducing the occurrence of waste, fraud, and abuse in the Medicare program under title XVIII of the Social Security Act. (3) Authorization of appropriations.--For purpose of carrying out the Beneficiary Verification Pilot Program under this subsection, there is authorized to be appropriated such sums as may be necessary. SEC. 5. GAO STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall conduct a study on Medicare administrative contractors under section 1874A of the Social Security Act, including Recovery Audit Contractors, regarding the following areas: (1) Training and expertise in identifying fraud, including the education levels of the key individuals tasked to identify or refer potential cases of fraud, and whether the Centers for Medicare & Medicaid Services should be providing more training to contractors, or require contractors to hire experts with greater medical training. (2) Acquisition and implementation of data mining software among Medicare administrative contractors, if applicable, and the ability or availability of such software to provide real- time data mining capabilities. (b) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall complete the study under this section and submit a report to Congress regarding the findings of the study and recommendations for legislation and administrative action.

Medicare and Medicaid Fraud Enforcement and Prevention Act of 2010 - Amends title XI of the Social Security Act (SSA) to increase criminal penalties for both felony and misdemeanor fraud under SSA titles XVIII (Medicare) and XIX (Medicaid). Adds a new offense of distribution of one or more Medicare or Medicaid beneficiary identification numbers or billing privileges with the intent to defraud. Applies civil monetary penalties to: (1) conspiracy to make false statements or commit other specified offenses with respect to Medicare or Medicaid claims; and (2) knowing creation or use of false records or statements with respect to the transmission of money or property to a federal health care program. Extends the statute of limitations from six to 10 years after presentation of a claim. Amends SSA title XI, as amended by the Patient Protection and Affordable Care Act, with respect to the access to claims and payment data granted to the Inspector General of the Department of Health and Human Services (HHS). Requires the Inspector General to implement mechanisms for the sharing of information about suspected fraud relating to the federal health care programs under Medicare, Medicaid, and SSA title XXI (Children's Health Insurance Program) (CHIP) with other appropriate law enforcement officials. Directs the HHS Secretary to implement a five-year Beneficiary Verification Pilot Program to verify, with respect to Medicare claims, that the beneficiary for which the claim was made was actually furnished the claimed item or service. Requires the Comptroller General to study and report to Congress on Medicare administrative contractors, including Recovery Audit Contractors.

A bill to provide for enhanced penalties to combat Medicare and Medicaid fraud, a Medicare data-mining system, and a Beneficiary Verification Pilot Program, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Election Infrastructure and Security Promotion Act of 2016''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ELECTION INFRASTRUCTURE AND SECURITY Sec. 101. Definition of critical infrastructure. Sec. 102. Designation of voting systems as critical infrastructure. Sec. 103. Voting system threat and research and development. TITLE II--NATIONAL STANDARDS FOR VOTING SYSTEM SECURITY Sec. 201. Development of standards. Sec. 202. Requiring States to comply with standards in administration of elections for Federal office. Sec. 203. Incorporation of standards into certification and testing of voting systems. TITLE III--NATIONAL STANDARDS FOR TRANSPARENCY AND VERIFICATION OF BALLOT COUNTING Sec. 301. Development of standards. Sec. 302. Requiring States to comply with standards in administration of elections for Federal office. TITLE IV--RESEARCH AND DEVELOPMENT Sec. 401. Innovative election technology research and development. TITLE I--ELECTION INFRASTRUCTURE AND SECURITY SEC. 101. DEFINITION OF CRITICAL INFRASTRUCTURE. In this title, the term ``critical infrastructure'' has the meaning given such term in section 1016 of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e)). SEC. 102. DESIGNATION OF VOTING SYSTEMS AS CRITICAL INFRASTRUCTURE. The Secretary of Homeland Security, acting through the Assistant Secretary of the National Protection and Programs Directorate, shall-- (1) designate voting systems used in the United States as critical infrastructure; (2) include threats of compromise, disruption, or destruction of voting systems in national planning scenarios; and (3) conduct a campaign to proactively educate local election officials about the designation of voting systems as critical infrastructure and election officials at all levels of government of voting system threats. SEC. 103. VOTING SYSTEM THREAT AND RESEARCH AND DEVELOPMENT. (a) In General.--In furtherance of local election official preparedness and response, the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology, and in consultation with other relevant agencies and departments of the Federal Government and relevant State and local election official operators of election infrastructure, shall conduct research and development to mitigate the consequences of voting systems threats. (b) Scope.--The scope of the research and development under subsection (a) shall include the following: (1) An objective scientific analysis of the risks to critical election infrastructures from a range of threats. (2) Determination of the voting system assets and infrastructures that are at risk from intrusion, compromise, disruption or destruction. (3) An evaluation of emergency planning and response technologies that would address the findings and recommendations of experts, including those of a Commission to Assess the Threat to the United States from election administration or voting system attack. (4) An analysis of technology options that are available to improve the resiliency of critical infrastructure to voting system threats. (5) The restoration and recovery capabilities of critical infrastructure under differing levels of damage and disruption. (c) Comprehensive Plan.-- (1) In general.--The Secretary of Homeland Security shall prepare and 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 comprehensive plan to protect and prepare the critical infrastructure of the voting systems used in the United States against threats, including from acts of terrorism. (2) Plan requirements.--The comprehensive plan shall-- (A) be based on findings of the research and development conducted under subsection (a); (B) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Homeland Security Presidential Directive for critical infrastructures); and (C) be developed in consultation with State and local election officials. (3) Updates.--The Secretary shall update the plan required under this subsection biennially. TITLE II--NATIONAL STANDARDS FOR VOTING SYSTEM SECURITY SEC. 201. DEVELOPMENT OF STANDARDS. (a) Development.--The Director of the National Institute of Standards and Technology shall develop standards for ensuring the operational security of the voting systems used in elections for Federal office, including the physical and cybersecurity of such systems and security requirements for the personnel who operate such systems. (b) Contents of Standards.--In developing standards under this title, the Director shall ensure the following: (1) The standards shall set forth specific, evidence-based security requirements for the operation of each individual component of voting systems, including components for marking ballots, scanning ballots, aggregating vote tallies from vote counters, and electronic poll books. (2) The standards shall set forth specific, evidence-based requirements for the interoperability of the components, based on data standards established by the National Institute of Standards and Technology. (3) No system or device upon which ballots or votes are cast or tabulated shall be connected to the Internet at any time through any publicly accessible network. (4) No system or device upon which ballots or votes are cast or tabulated shall contain, use, or be accessible by any wireless, power-line, or concealed communication device. (c) Deadline; Updates.-- (1) Deadline for initial standards.--The Director shall develop the standards under this title not later than 1 year after the date of the enactment of this Act. (2) Updates.--The Director may update the standards under this title at such times as the Director considers appropriate. SEC. 202. REQUIRING STATES TO COMPLY WITH STANDARDS IN ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph: ``(7) Compliance with security standards.--In operating the voting system, the State shall comply with the applicable standards developed by the Director of the National Institute of Standards and Technology under title II of the Election Infrastructure and Security Promotion Act of 2016 for ensuring the operational security of voting systems.''. SEC. 203. INCORPORATION OF STANDARDS INTO CERTIFICATION AND TESTING OF VOTING SYSTEMS. Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end the following new paragraph: ``(3) Ensuring compliance with operational security standards.--The testing and certification of voting system hardware and software carried out under this subtitle shall test whether voting systems are in compliance with the applicable standards developed by the Director of the National Institute of Standards and Technology under title II of the Election Infrastructure and Security Promotion Act of 2016 for ensuring the operational security of voting systems, including testing whether the components of voting systems meet the component-specific security requirements and the system interoperability requirements under such standards.''. TITLE III--NATIONAL STANDARDS FOR TRANSPARENCY AND VERIFICATION OF BALLOT COUNTING SEC. 301. DEVELOPMENT OF STANDARDS. (a) Development.--The Director of the National Institute of Standards and Technology shall develop standards for ensuring that the process by which ballots are counted in elections for Federal office is transparent and permits voters to verify that votes in such elections are counted correctly. (b) Contents of Standards.--In developing standards under this title, the Director shall ensure the following: (1) Election officials will provide the public with sufficient evidence to verify the results of an election for Federal office, including through the establishment of tracking procedures that permit members of the public to track the ballots counted in the election, so long as such procedures ensure the anonymity of the individuals who cast the ballots. (2) All of the data used or produced by the relevant components of a voting system used in an election for Federal office. (3) Election officials shall make all of the relevant components of a voting system used in an election for Federal office available to other parties (such as other officials of the State, research organizations, and institutions of higher education) to duplicate the testing procedures used to certify the use of the system for use in such elections. (c) Deadline; Updates.-- (1) Deadline for initial standards.--The Director shall develop the standards under this title not later than 1 year after the date of the enactment of this Act. (2) Updates.--The Director may update the standards under this title at such times as the Director considers appropriate. (d) Relevant Components Defined.--In this section, the term ``relevant components'' means, with respect to a voting system, each component of the system which is involved with counting ballots and producing a tally of the ballots cast, including the source code, build tools, build procedure documentation, test plans, test fixtures, and software and hardware specifications. SEC. 302. REQUIRING STATES TO COMPLY WITH STANDARDS IN ADMINISTRATION OF ELECTIONS FOR FEDERAL OFFICE. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 202, is amended by adding at the end the following new paragraph: ``(8) Compliance with transparency and ballot verification standards.--In operating the voting system, the State shall comply with the applicable standards developed by the Director of the National Institute of Standards and Technology under title III of the Election Infrastructure and Security Promotion Act of 2016 for ensuring that the process by which ballots are counted in elections for Federal office is transparent and permits voters to verify that votes in such elections are counted correctly.''. TITLE IV--RESEARCH AND DEVELOPMENT SEC. 401. INNOVATIVE ELECTION TECHNOLOGY RESEARCH AND DEVELOPMENT. (a) In General.--The National Science Foundation, in cooperation with the Defense Advanced Research Projects Agency, shall establish an election technology innovation research and development program. Such program-- (1) shall support the development of hardware and software technologies and systems for marking ballots, scanning ballots, aggregating tallies from counters, and electronic poll books; and (2) may also support research and development on other elements of technology for voting, election administration, auditing, and other election-critical operations. (b) Requirements.--The National Science Foundation shall, to the extent practicable and in consultation with the Election Assistance Commission and the National Institute of Standards and Technology, ensure that technologies developed through assistance provided under this section-- (1) conform to any applicable standards and guidelines for design and for data interoperability established by the National Institute of Standards and Technology; and (2) are made available for use by Federal, State, and local governments at no cost.

Election Infrastructure and Security Promotion Act of 2016 This bill directs the Department of Homeland Security (DHS) to: (1) designate voting systems used in the United States as critical infrastructure; (2) include threats of compromise, disruption, or destruction of voting systems in national planning scenarios; and (3) conduct a campaign to proactively educate local election officials about the designation of voting systems as critical infrastructure and election officials at all levels of government of voting system threats. In furtherance of local election official preparedness and response, DHS shall conduct research and development to mitigate the consequences of voting systems threats. DHS shall prepare and submit to Congress a comprehensive plan to protect and prepare the critical infrastructure of the voting systems used in the United States against threats, including from acts of terrorism. The National Institute of Standards and Technology (NIST) shall develop standards for ensuring the operational security of the voting systems used in elections for federal office. This bill amends the Help America Vote Act of 2002 to require a state, in operating the voting system, to comply with applicable standards for ensuring the operational security of voting systems. The testing and certification of voting systems hardware and software shall test whether voting systems are in compliance with applicable standards developed by NIST for ensuring the operational security of voting systems. NIST shall develop standards for ensuring that the process by which ballots are counted in elections for federal office is transparent and permits voters to verify that votes in such elections are counted correctly. States shall comply with applicable standards, in operating the voting system, for ensuring that the process by which ballots are counted in elections for federal office is transparent and permits voters to verify that votes in such elections are counted correctly. The National Science Foundation shall establish an election technology innovation research and development program.

Election Infrastructure and Security Promotion Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Grid Advancement Act''. SEC. 2. DEFINITIONS. For purposes of this Act, the terms: (1) ``Secretary'' means the Secretary of Energy. (2) ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) ``Commission'' means Federal Energy Regulatory Commission. (4) ``Smart grid'' has the meaning provided by section 1301 of the Energy Independence and Security Act of 2007 (15 U.S.C. 17381). (5) ``Peak demand reduction'' means the reduction in annual peak demand as compared to a previous baseline year or period, expressed in Megawatts (MW). (6) ``Peak demand'' shall mean the highest point of electricity demand during any hour on the system of a load serving entity during a annual calendar year, expressed in megawatts, or more than one such high point of electricity demand as a function of seasonal demand changes. (7) ``Peak period'' shall mean the time period on the system of a load serving entity relative to peak demand that may warrant special measures or electricity resources to maintain system reliability while meeting peak demand. (8) ``Load serving entity'' means an entity that provides electricity directly to retail consumers with the responsibility to assure power quality and reliability, including such entities that are investor-owned, publicly owned, owned by rural electric cooperatives, or other entities. (9) ``Applicable baseline'' shall mean the average of the highest three annual peak demands a load serving entity has experienced during the 5 years immediately prior to the date of enactment of this Act. (10) ``Peak load reduction plan'' means a plan developed by or for a load serving entity that it will implement to meet its peak demand management goals. SEC. 3. INCORPORATION OF SMART GRID CAPABILITY IN ENERGY STAR PROGRAM. (a) Assessment.--Within one year after the date of enactment of this Act, the Secretary and the Administrator shall each assess the potential for cost-effective integration of Smart Grid technologies and capabilities in all products that are reviewed by the Department of Energy and the Environmental Protection Agency, respectively, for potential designation as Energy Star products. (b) Analysis.--(1) Within 2 years after the date of enactment of this Act, the Secretary and the Administrator shall each prepare an analysis of the potential energy savings and electricity cost savings that could accrue for each of the products referred to in subsection (a) in the following optimal circumstances: (A) The products possessed full Smart Grid capability. (B) The products were utilized in an electricity utility service area which had Smart Grid capability and time-of-use electric rates. (C) The time-of-use rates reflected national average utility rates including average peak and valley daily electricity costs to the utility. (D) Consumers using such products took full advantage of such capability. (2) The analysis under paragraph (1) shall be considered the ``best case'' Smart Grid analysis. On the basis of such an analysis for each product, the Secretary and the Administrator shall determine whether the installation of Smart Grid capability for such a product would be cost effective. For purposes of this paragraph, the term ``cost effective'' means that the cumulative savings from using the product under the ``best case'' Smart Grid circumstances for a period of 5 years will be greater than the incremental cost of the Smart Grid features included in the product. (3) To the extent that including Smart Grid capability in any products analyzed under paragraph (2) yielded a finding that doing so was cost effective in the best case, the Secretary and the Administrator shall, not later than 3 years after the date of enactment of this Act take each of the following actions: (A) Inform the manufacturer of such product of such finding. (B) Make special note in a prominent manner on any Energy Star label for any product actually including Smart Grid capability that-- (i) Smart Grid capability is a feature of that product; (ii) the use and value of those features depended on the Smart Grid capability of the utility system in which the product was installed and the use of those features by the customer; and (iii) on a utility system with Smart Grid capability, the use of the product's Smart Grid capability could potentially reduce the cost of the product's annual operation by an estimated dollar amount representing the result of incremental energy and electricity cost savings that would result from the Smart Grid best case for that product. (C) Submit a report to Congress summarizing the results of the analyses for each class of products, and presenting the potential national energy and electricity cost savings that could be realized if cost-effective Smart Grid capability were installed in the relevant products reviewed by the Energy Star program. SEC. 4. SMART GRID PEAK DEMAND REDUCTION GOALS. (a) Goals.--Not later than one year after the date of enactment of this Act, load serving entities, or States, shall determine and publish peak demand reduction goals for any load serving entities that have an applicable baseline in excess of 250 megawatts. (b) Baselines.--(1) The Commission, in consultation with the Secretary, shall develop and publish, after an opportunity for public comment, a methodology to provide for adjustments or normalization to a load serving entity's applicable baseline over time to reflect changes in the number of customers served, weather conditions, general economic conditions, and any other appropriate factors external to peak load management, as determined by the Commission. (2) The Commission shall support load serving entities in determining their applicable baselines, and in developing their peak demand reduction goals, including any load serving entity with an applicable baseline of less than 250 megawatts that volunteers to participate in achieving the purposes of this Act. (3) The Secretary, in consultation with the Commission and the National Electric Reliability Corporation, shall develop a system and rules for measurement and verification of demand reductions. (c) Peak Demand Reduction Goals.--(1) Peak demand reduction goals may be established for an individual load serving entity, or, at the determination of a State or regional entity, by that State or regional entity for a larger region that shares a common system peak demand and for which peak demand reduction measures would offer regional benefit. (2) A State or regional entity establishing peak demand reduction goals shall cooperate, as necessary and appropriate, with the Commission, the Secretary, State regulatory commissions, State energy offices, the National Electric Reliability Corporation, and other relevant authorities. (3) In determining the applicable peak demand reduction goals, States and other jurisdictional entities may utilize the results of the 2009 National Demand Response Potential Assessment, as authorized by section 529 of the Energy Independence and Security Act of 2007. (4) The applicable peak demand reduction goals shall provide that-- (A) load serving entities will reduce or mitigate peak demand by a minimum percentage amount from the applicable baseline to a lower peak demand during calendar year 2012; (B) load serving entities will reduce or mitigate peak demand by a minimum percentage greater amount from the applicable baseline to a lower peak demand during calendar year 2015; and (C) the minimum percentage reductions selected are the percentage reductions that are realistically achievable with an aggressive effort to deploy smart grid and peak demand reduction technologies and methods, including but not limited to those listed in subsection (d). (d) Plan.--Each load serving entity shall prepare a peak load reduction plan that demonstrates its ability to meet each applicable goal by any or a combination of the following options: (1) Direct reduction in megawatts of peak demand through energy efficiency measures with reliable and continued application during peak demand periods. (2) Demonstration that an amount of megawatts equal to a stated portion of the applicable goal is contractually committed to be available for peak reduction through one or more of the following: (A) Megawatts enrolled in demand response programs. (B) Megawatts subject to the ability of a load serving entity to call on demand response programs, smart appliances, smart electricity storage devices, distributed generation resources on the entity's customers' premises, or other measures directly capable of actively, controllably, reliably, and dynamically reducing peak demand (``dynamic peak management control''). (C) Megawatts available from distributed dynamic electricity storage under agreement with the owner of that storage. (D) Megawatts committed from dispatchable distributed generation demonstrated to be reliable under peak period conditions. (E) Megawatts available from smart appliances and equipment with smart grid capability available for direct control by the utility through agreement with the customer owning the appliances or equipment. (F) Megawatts from a demonstrated and assured minimum of distributed solar electric generation capacity in instances where peak period and peak load conditions are directly related to solar radiation and accompanying heat. (3) If any of the methods listed in subparagraph (C), (D), or (E) of paragraph (2) are relied upon to meet its peak demand reduction goals, the load serving entity must demonstrate this capability by operating a test during the applicable calendar year. (4) Nothing in this Act shall require the publication in peak demand reduction goals or in any peak demand reduction plan of any information that is confidential for competitive or other reasons or that identifies individual customers. (e) Existing Authority and Requirements.--Nothing in this Act diminishes or supersedes any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting peak load management, demand response, distributed storage, use of distributed generation, or the regulation of load serving entities. The Commission, in consultation with States having such peak management, demand response and distributed storage programs, shall to the maximum extent practicable, facilitate coordination between the Federal program and such State programs. (f) Relief.--The Commission may, for good cause, grant relief to load serving entities from the requirements of this section. (g) Other Laws.--Except as provided in subsections (e) and (f), no law or regulation shall relieve any person of any requirement otherwise applicable under this section. (h) Compliance.--(1) The Commission shall within one year after the enactment of this Act establish a public domain website where the Commission will provide information and data demonstrating compliance by States, regional entities, and load serving entities with this Act, including the success of load serving entities in meeting applicable peak demand reduction goals. (2) The Commission shall, by April 1 of each year beginning in 2012, provide a report to Congress on compliance with this Act and success in meeting applicable peak demand reduction goals and, as appropriate, shall make recommendations as to how to increase peak demand reduction efforts. (3) The Commission shall note in each such report any State, political subdivision of a State, or load serving entity that has failed to comply with this Act, or is not a part of any region or group of load serving entities serving a region that has complied with this Act. (4) The Commission shall have and exercise the authority to take reasonable steps to modify the process of establishing peak demand reduction goals and to accept adjustments to them as appropriate when sought by load serving entities. (i) Assistance and Funding.-- (1) Assistance.--The Secretary may make grants to States and to other entities with responsibilities to be carried out under the Act to offset any documented costs of carrying out such responsibilities to the extent such costs are deemed burdensome or extraordinary by the Secretary. (2) Funding.--There are authorized to be appropriated sums as may be necessary to the Commission, the Secretary, and the Administrator to carry out the provisions of this Act. SEC. 5. REAUTHORIZATION OF ENERGY EFFICIENCY PUBLIC INFORMATION PROGRAM TO INCLUDE SMART GRID INFORMATION. Section 134 of the Energy Policy Act of 2005 (42 U.S.C. 15832) is amended as follows: (1) By amending the title heading to read ``ENERGY EFFICIENCY AND SMART GRID PUBLIC INFORMATION INITIATIVE.''. (2) In subsection (a)(1) by striking ``reduce energy consumption during the 4-year period beginning on the date of enactment of this Act'' and inserting ``increase energy efficiency and to adopt Smart Grid technology and practices''. (3) In subsection (a)(2) by striking ``benefits to consumers of reducing'' and inserting ``economic and environmental benefits to consumers and the United States of optimizing''. (4) In subsection (a)(3) by inserting at the beginning of that subsection ``the effect of energy efficiency and Smart Grid capability in reducing energy and electricity prices throughout the economy, together with''. (5) In subsection (a)(4) by redesignating subparagraph (D) as (E), by striking ``and'' at the end of subparagraph (C), and by inserting after subparagraph (C) the following: ``(D) purchasing and utilizing equipment that includes smart grid features and capability; and''. (6) In subsection (c), by striking ``Not later than July 1, 2009,'' and inserting, ``For each year when appropriations pursuant to the authorization in this section exceed $10,000,000,''. (7) In subsection (d) by striking ``2010'' and inserting ``2020''. (8) In subsection (e) by striking ``2010'' and inserting ``2020''. SEC. 6. INCLUSION OF SMART GRID FEATURES IN APPLIANCE REBATE PROGRAM. (a) Amendment.--Section 124 of the Energy Policy Act of 2005 (42 U.S.C. 15821) is amended as follows: (1) By amending the section heading to read ``energy efficient and smart appliance rebate program.''. (2) By redesignating paragraphs (4) and (5) as (5) and (6) and inserting after paragraph (3) the following: ``(4) Smart appliance.--The term `smart appliance' means a product that the Administrator of the Environmental Protection Agency or the secretary of Energy has determined qualifies for such a designation in the Energy Star program pursuant to section 213 of the Smart Grid Advancement Act or that the Secretary or the Administrator has separately determined includes the relevant Smart Grid capabilities listed in section 1301 of the Energy Independence and Security Act of 2007 (15 U.S.C. 17381).''. (3) In subsection (b)(1) by inserting ``and smart'' after ``efficient'' and by inserting after ``products'' the first place it appears ``, including products designated as being smart appliances,''. (4) In subsection (b)(3), by inserting ``the administration of'' after ``carry out''. (5) In subsection (d), by inserting ``the administration of'' after ``carrying out'' and by inserting ``, and up to 100 percent of the value of the rebates provided pursuant to this section'' before the period at the end. (6) In subsection (e)(3), by inserting ``with separate consideration as applicable if the product is also a smart appliance,'' after ``Energy Star product'' the first place it appears and by inserting ``or smart appliance'' before the period at the end. (7) In subsection (f), by striking ``$50,000,000'' through the period at the end and inserting ``such sums as may be necessary for each fiscal year from 2010 through 2015.''. (b) Table of Contents.--The item relating to section 124 in the table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended to read as follows: ``Sec. 124. Energy efficient and smart appliance rebate program.''.

Smart Grid Advancement Act - Requires the Secretary of Energy and the Administrator of the Environmental Protection Agency (EPA) to: (1) assess the potential for cost-effective integration of Smart Grid technologies and capabilities in all products that are reviewed by the Department of Energy (DOE) and EPA for potential designation as Energy Star products; (2) conduct a best case smart grid analysis by analyzing the potential energy savings and electricity cost savings that could accrue for such products in specified circumstances; and (3) take specified actions when they find that including Smart Gird capability in products is cost effective in the best case. Sets forth provisions concerning Smart Grid peak demand reduction goals, including requiring: (1) load serving entities or states to determine and publish demand reduction goals for such entities that have applicable baselines in excess of 250 megawatts; (2) the Federal Energy Regulatory Commission (FERC) to develop and publish a methodology to provide for adjustments or normalization to a load serving entity's applicable baseline over time to reflect changes in the number of customers served, weather conditions, general economic conditions, and other factors external to peak load management; (3) the Secretary to develop a system for measuring and verifying demand reductions; and (4) each load serving entity to prepare a peak load reduction plan. Authorizes the Secretary to make grants to offset the costs of carrying out responsibilities to be implemented under this Act. Amends the Energy Policy Act of 2005 to revise: (1) the Energy Efficiency Public Information Initiative, including by renaming the program as the Energy Efficiency and Smart Grid Public Information Initiative and authorizing appropriations through FY2020; and (2) the Energy Efficient Appliance Rebate Program, including by renaming the program as the Energy Efficient and Smart Appliance Rebate Program and authorizing appropriations through FY2015.

To incorporate smart grid capability into the Energy Star Program, to reduce peak electric demand, to reauthorize energy efficiency public information program to include Smart Grid information, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Filipino Veterans Equity Act of 2008''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Philippine islands became a United States possession in 1898 when they were ceded from Spain following the Spanish-American War. (2) During World War II, Filipinos served in a variety of units, some of which came under the direct control of the United States Armed Forces. (3) The regular Philippine Scouts, the new Philippine Scouts, the Guerilla Services, and more than 100,000 members of the Philippine Commonwealth Army were called into the service of the United States Armed Forces of the Far East on July 26, 1941, by an executive order of President Franklin D. Roosevelt. (4) Even after hostilities had ceased, wartime service of the new Philippine Scouts continued as a matter of law until the end of 1946, and the force gradually disbanded and was disestablished in 1950. (5) Filipino veterans who were granted benefits prior to the enactment of the so-called Rescissions Acts of 1946 (Public Laws 79-301 and 79-391) currently receive full benefits under laws administered by the Secretary of Veterans Affairs, but under section 107 of title 38, United States Code, the service of certain other Filipino veterans is deemed not to be active service for purposes of such laws. (6) These other Filipino veterans only receive certain benefits under title 38, United States Code, and, depending on where they legally reside, are paid such benefit amounts at reduced rates. (7) The benefits such veterans receive include service- connected compensation benefits paid under chapter 11 of title 38, United States Code, dependency indemnity compensation survivor benefits paid under chapter 13 of title 38, United States Code, and burial benefits under chapters 23 and 24 of title 38, United States Code, and such benefits are paid to beneficiaries at the rate of $0.50 per dollar authorized, unless they lawfully reside in the United States. (8) Dependents' educational assistance under chapter 35 of title 38, United States Code, is also payable for the dependents of such veterans at the rate of $0.50 per dollar authorized, regardless of the veterans' residency. SEC. 3. PAYMENTS TO ELIGIBLE PERSONS WHO SERVED IN THE PHILIPPINES DURING WORLD WAR II. (a) Compensation Fund.-- (1) In general.--There is in the general fund of the Treasury a fund to be known as the ``Filipino Veterans Equity Compensation Fund'' (in this section referred to as the ``compensation fund''). (2) Availability of funds.--Subject to the availability of appropriations for such purpose, amounts in the fund shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to eligible persons in accordance with this section. (b) Payments.--During the one-year period beginning on the date of the enactment of this Act, the Secretary shall make a payment to an eligible person who, during such period, submits to the Secretary an application containing such information and assurances as the Secretary may require. (c) Eligible Persons.--An eligible person is any person who served-- (1) before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States; or (2) in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 (59 Stat. 538). (d) Payment Amounts.--Each payment under this section shall be-- (1) in the case of an eligible person who is not a citizen of the United States, in the amount of $9,000; and (2) in the case of an eligible person who is a citizen of the United States, in the amount of $15,000. (e) Limitation.--The Secretary may not make more than one payment under this section for each person described in subsection (f). (f) Eligibility of Individuals Living Outside the United States Entitled to Certain Social Security Benefits.--Receipt of a payment under this section shall not affect the eligibility of an individual residing outside the United States to receive benefits under title VIII of the Social Security Act (42 U.S.C. 1001 et seq.) or the amount of such benefits. (g) Release.-- (1) In general.--Except as provided in paragraph (2), the acceptance by an eligible person of a payment under this section shall be final, and shall constitute a complete release of any claim against the United States by reason of any service described in subsection (c). (2) Payment of previously awarded benefits.--Nothing in this section shall prohibit a person from receiving any benefit to which the person is entitled based on a claim for which benefits are awarded before the date of the enactment of this Act. (h) Reports.--The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year in which payments are made from the compensation fund under this section, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible persons receiving benefits, the amounts paid out of the compensation fund, and the administration of the compensation fund. (i) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out this section. (j) Authorization of Appropriation.--There is authorized to be appropriated to the compensation fund $198,000,000, to remain available until expended, to make payments under this section. Passed the House of Representatives September 23, 2008. Attest: LORRAINE C. MILLER, Clerk.

Filipino Veterans Equity Act of 2008 - Establishes in the Treasury the Filipino Veterans Equity Compensation Fund, whose amounts shall be available to the Secretary of Veterans Affairs without fiscal year limitation to make payments to specified eligible persons who served: (1) before July 1, 1946, in the organized military forces of the government of the Commonwealth of the Philippines, while in the service of the Armed Forces of the United States; or (2) in the Philippine Scouts. Sets the payment amounts at $15,000 for U.S. citizens and $9,000 for non-U.S. citizens. States that acceptance of such payment shall constitute a release of any claim against the United States for such service. Requires the Secretary to include information concerning compensation fund operation within annual budget documents submitted to Congress. Authorizes appropriations.

To authorize the Secretary of Veterans Affairs to make certain payments to eligible persons who served in the Philippines during World War II.

SECTION 1. ESTABLISHMENT OF ETHICAL ADVISORY BOARD. Part G of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 492 the following new section: ``certain provisions regarding review and approval of proposals for research ``Sec. 492A. (a) Review as Precondition to Research.-- ``(1) Protection of human research subjects.-- ``(A) In the case of any application submitted to the Secretary for financial assistance to conduct research, the Secretary may not approve or fund any application that is subject to review under section 491(a) by an Institutional Review Board unless the application has undergone review in accordance with such section and has been recommended for approval by a majority of the members of the Board conducting such review. ``(B) In the case of research that is subject to review under procedures established by the Secretary for the protection of human subjects in clinical research conducted by the National Institutes of Health, the Secretary may not authorize the conduct of the research unless the research has, pursuant to such procedures, been recommended for approval. ``(2) Peer review.--In the case of any application submitted to the Secretary for financial assistance to conduct research, the Secretary may not approve or fund any application that is subject to technical and scientific peer review under section 492(a) unless the application has undergone peer review in accordance with such section and has been recommended for approval by a majority of the members of the entity conducting such review. ``(b) Ethical Review of Research.-- ``(1) Establishment of a standing ethical advisory board.-- ``(A) Not later than 180 days after the date of enactment of this Act, the Secretary, in accordance with subpart B of part 46 of title 45, Code of Federal Regulations, and with the recommendations of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, shall establish a standing Ethical Advisory Board (hereafter referred to in this section as the `Board'). ``(B) The Board shall advise, report on, and make recommendations to the Secretary and the Congress regarding the ethical, legal, and social acceptability of supporting specific biomedical and behavioral research designs, applications, or proposals submitted to it by the Secretary or any Agency Head within the Department, and shall prepare reports and make recommendations concerning ethical policies relating to biomedical and behavioral research referred to it by the Secretary, Agency Heads, or Congressional Committees. With the approval of the Secretary, the Board may develop reports and make recommendations concerning other matters that it considers of major importance to the general public. ``(C)(i) The Board shall be composed of 15 individuals who are not officers or employees of the United States to be appointed as follows: ``(I) Five individuals shall be appointed by the President. ``(II) Five individuals shall be appointed by the Speaker of the House of Representatives in consultation with the Minority Leader. ``(III) Five individuals shall be appointed by the Majority Leader of the Senate in consultation with the Minority Leader. ``(ii) In appointing individuals under clause (i), the appointing authority shall ensure that such individuals possess special qualifications and competence to provide advice and recommendations regarding ethical matters in biomedical and behavioral research. Of the members of the Board-- ``(I) at least one shall be an attorney; ``(II) at least one shall be a professional ethicist; ``(III) at least one shall be a practicing physician; ``(IV) at least one shall be a theologian; and ``(V) at least one-third, and no more than one-half, of all such members shall be scientists who have made significant contributions to the advancement of biomedical or behavioral science. ``(D) The terms of service of members of the Board shall be for 3 years. The initial members of the Board shall be appointed to serve staggered terms of 1, 2 or 3 years. If a member does not complete a full term of service, the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. A member may be reappointed to serve no more than two consecutive full terms. ``(E) A member of the Board shall be subject to removal from the Board by the Secretary for neglect of duty, malfeasance, or for other good cause as demonstrated by the Secretary. ``(F) The members of the Board shall select one member to serve as the chairperson of the Board. The chairperson shall serve not more than one consecutive 3-year term. ``(G) In carrying out its responsibilities as described in subparagraph (B), the Board shall hold such inquiries, hold public hearings, enter into contracts the aggregate of which shall not exceed $300,000 per year, and report to the Secretary and to the Congress the results and recommendations that result from its deliberations. ``(H) With respect to information relevant to the duties described in subparagraph (B), the Board shall have access to all such information possessed by the Department of Health and Human Services, or available to the Secretary from other sources. ``(I) With respect to the duties described in subparagraph (B), the members of the Board shall receive compensation for each day they are engaged in carrying out the purposes of the Board, including time engaged in traveling for such purposes. Such compensation may not be provided in an amount in excess of the maximum rate of basic pay accorded for individuals GS-18 of the General Schedule. ``(J) The Secretary, acting through the Director of the National Institutes of Health, shall provide the Board with staff and such other assistance necessary to carrying out the duties of the Board. ``(K) Prior to reconstituting the Board, the Secretary shall, through a statement published in the Federal Register, announce the intention of the Secretary to constitute the Board. ``(L) A statement issued under subparagraph (K) shall include a request that interested parties submit to the Secretary recommendations specifying the particular individuals who should be appointed to the Board. The Secretary shall consider such recommendations in making appointments to the Board. ``(M) The appointments to the Board under subparagraph (C) shall not take effect until the expiration of the 30-day period beginning with the date on which the statement required in subparagraph (K) is made with respect to the Board. ``(2) Procedures regarding the withholding of funds.-- ``(A) If research has been recommended for approval for purposes of subsection (a), the Secretary may not withhold funding for the research on ethical grounds unless-- ``(i) the Secretary refers the proposal within 30 days to the Board in accordance with paragraph (1) to study the ethical implications of the research; and ``(ii)(I) the majority of the Board recommends that, on ethical grounds, the Secretary withhold funds for the research; or ``(II) the majority of the Board recommends that the Secretary not withhold funds for the research on ethical grounds, but the Secretary determines, on the basis of the report submitted under subparagraph (D) that there is a reasonable basis for overruling the Board's recommendations. ``(B) The limitation established in subparagraph (A) regarding the authority to withhold funds on ethical grounds shall apply without regard to whether the withholding such funds is characterized as a disapproval, a moratorium, a prohibition, or other description. ``(C) Not later than 180 days after the date on which the matter is referred under subparagraph (A) to the Board, the Board shall submit to the Secretary, and to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report describing the findings of the Board regarding the project of research involved and making a recommendation under subparagraph (A)(ii) of whether the Secretary should or should not withhold funds for the project. The report shall include the information considered in making the findings.''.

Amends the Public Health Service Act to require additional review procedures prior to the approval of research applications. Requires the Secretary to establish a standing Ethical Advisory Board to: (1) advise, report on, and make recommendations to the Secretary and the Congress regarding ethical, legal, and social acceptability of supporting specific biomedical and behavioral research designs, applications, or proposals submitted to it by the Secretary or any Agency Head within the Department of Health and Human Services; and (2) prepare reports and make recommendations concerning ethical policies relating to biomedical and behavioral research referred to it by the Secretary, Agency Heads, or congressional committees. Authorizes the Board to develop reports and make recommendations concerning other matters that it considers of major importance to the general public.

A bill to amend the Public Health Service Act to establish an Ethical Advisory Board, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Universal National Service Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--NATIONAL SERVICE Sec. 101. Definitions. Sec. 102. National service obligation. Sec. 103. Induction to perform national service. Sec. 104. Two-year period of national service. Sec. 105. Implementation by the President. Sec. 106. Examination and classification of persons. Sec. 107. Deferments and postponements. Sec. 108. Induction exemptions. Sec. 109. Conscientious objection. Sec. 110. Discharge following national service. TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT Sec. 201. Registration of females. Sec. 202. Registration and induction authority. TITLE I--NATIONAL SERVICE SEC. 101. DEFINITIONS. In this title: (1) The terms ``community-based agency'' and ``community- based entity'' have the meanings given those terms in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511). (2) The term ``contingency operation'' has the meaning given that term in section 101(a)(13) of title 10, United States Code. (3) The term ``military service'' means service performed as a member of an active or reserve component of the uniformed services. (4) The term ``national service'' means-- (A) military service; or (B) civilian service in a Federal, State, or local government program or with a community-based agency or community-based entity that, as determined by the President, is engaged in meeting human, educational, environmental, or public safety needs. (5) The term ``Secretary concerned'' means-- (A) the Secretary of Defense with respect to the Army, Navy, Air Force, and Marine Corps; (B) the Secretary of Homeland Security with respect to the Coast Guard; (C) the Secretary of Commerce with respect to the National Oceanic and Atmospheric Administration; and (D) the Secretary of Health and Human Services with respect to the Public Health Service. (6) The term ``United States'', when used in a geographical sense, means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. (7) The term ``uniformed services'' means the Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and commissioned corps of the Public Health Service. SEC. 102. NATIONAL SERVICE OBLIGATION. (a) Obligation for Service.--It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages of 18 and 25 to perform a period of national service as prescribed in this title unless exempted under the provisions of this title. (b) Forms of National Service.--The national service obligation under this title shall be performed either through-- (1) military service; or (2) civilian service in a Federal, State, or local government program or with a community-based agency or community-based entity that, as determined by the President, is engaged in meeting human, educational, environmental, or public safety needs. (c) Age Limits.--A person may be inducted under this title only if the person has attained the age of 18 and has not attained the age of 25. SEC. 103. INDUCTION TO PERFORM NATIONAL SERVICE. (a) Induction Requirements.--The President shall provide for the induction of persons described in section 102(a) to perform their national service obligation. (b) Limitation on Induction for Military Service.--Persons described in section 102(a) may be inducted to perform military service only if-- (1) a declaration of war is in effect; (2) the President declares a national emergency, which the President determines necessitates the induction of persons to perform military service, and immediately informs Congress of the reasons for the declaration and the need to induct persons for military service; or (3) members of the Army, Navy, Air Force, or Marine Corps are engaged in a contingency operation pursuant to a congressional authorization for the use of military force. (c) Limitation on Number of Persons Inducted for Military Service.--When the induction of persons for military service is authorized by subsection (b), the President shall determine the number of persons described in section 102(a) whose national service obligation is to be satisfied through military service based on-- (1) the authorized end strengths of the uniformed services; and (2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels. (d) Selection for Induction.-- (1) Random selection for military service.--When the induction of persons for military service is authorized by subsection (b), the President shall utilize a mechanism for the random selection of persons to be inducted to perform military service. (2) Random selection for civilian service.--Persons described in section 102(a) who do not volunteer to perform military service or are not inducted for military service shall perform their national service obligation in a civilian capacity pursuant to section 102(b)(2). (e) Voluntary Service.--A person subject to induction under this title may-- (1) volunteer to perform national service in lieu of being inducted; or (2) request permission to be inducted at a time other than the time at which the person is otherwise called for induction. SEC. 104. TWO-YEAR PERIOD OF NATIONAL SERVICE. (a) General Rule.--Except as otherwise provided in this section, the period of national service performed by a person under this title shall be two years. (b) Grounds for Extension.--At the discretion of the President, the period of military service for a member of the uniformed services under this title may be extended-- (1) with the consent of the member, for the purpose of furnishing hospitalization, medical, or surgical care for injury or illness incurred in line of duty; or (2) for the purpose of requiring the member to compensate for any time lost to training for any cause. (c) Early Termination.--The period of national service for a person under this title shall be terminated before the end of such period under the following circumstances: (1) The voluntary enlistment and active service of the person in an active or reserve component of the uniformed services for a period of at least two years, in which case the period of basic military training and education actually served by the person shall be counted toward the term of enlistment. (2) The admission and service of the person as a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, or the United States Merchant Marine Academy. (3) The enrollment and service of the person in an officer candidate program, if the person has signed an agreement to accept a Reserve commission in the appropriate service with an obligation to serve on active duty if such a commission is offered upon completion of the program. (4) Such other grounds as the President may establish. SEC. 105. IMPLEMENTATION BY THE PRESIDENT. (a) In General.--The President shall prescribe such regulations as are necessary to carry out this title. (b) Matter To Be Covered by Regulations.--Such regulations shall include specification of the following: (1) The types of civilian service that may be performed in order for a person to satisfy the person's national service obligation under this title. (2) The types of Federal, State, and local government programs and programs carried out by a community-based agency or community-based entity that may be used for the performance of national service. (3) Standards for satisfactory performance of civilian service and of penalties for failure to perform civilian service satisfactorily. (4) The manner in which persons shall be selected for induction under this title, including the manner in which those selected will be notified of such selection. (5) All other administrative matters in connection with the induction of persons under this title and the registration, examination, and classification of such persons. (6) A means to determine questions or claims with respect to inclusion for, or exemption or deferment from induction under this title, including questions of conscientious objection. (7) Standards for compensation and benefits for persons performing their national service obligation under this title through civilian service. (8) Such other matters as the President determines necessary to carry out this title. (c) Use of Prior Act.--To the extent determined appropriate by the President, the President may use for purposes of this title the procedures provided in the Military Selective Service Act (50 U.S.C. App. 451 et seq.), including procedures for registration, selection, and induction. SEC. 106. EXAMINATION AND CLASSIFICATION OF PERSONS. (a) Examination.--Every person subject to induction under this title shall, before induction, be physically and mentally examined and shall be classified as to fitness to perform national service. (b) Different Classification Standards.--The President may apply different classification standards for fitness for military service and fitness for civilian service. SEC. 107. DEFERMENTS AND POSTPONEMENTS. (a) High School Students.--A person who is pursuing a standard course of study, on a full-time basis, in a secondary school or similar institution of learning shall be entitled to have induction under this title postponed until the person-- (1) obtains a high school diploma; (2) ceases to pursue satisfactorily such course of study; or (3) attains the age of 20. (b) Post Secondary Students.--A person who is pursuing a standard course of study, on a full-time basis, in a university, technical school or similar institution of learning shall be entitled to have induction under this title postponed until the person-- (1) obtains a certificate or diploma; (2) ceases to pursue satisfactorily such course of study; or (3) attains the age of 24. (c) Hardship and Disability.--Deferments from national service under this title may be made for-- (1) extreme hardship; or (2) physical or mental disability. (d) Training Capacity.--The President may postpone or suspend the induction of persons for military service under this title as necessary to limit the number of persons receiving basic military training and education to the maximum number that can be adequately trained. (e) Termination.--No deferment or postponement of induction under this title shall continue after the cause of such deferment or postponement ceases. SEC. 108. INDUCTION EXEMPTIONS. (a) Qualifications.--No person may be inducted for military service under this title unless the person is acceptable to the Secretary concerned for training and meets the same health and physical qualifications applicable under section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the Armed Forces. (b) Other Military Service.--No person shall be liable for induction under this title who-- (1) is serving, or has served honorably for at least six months, in any component of the uniformed services on active duty; or (2) is or becomes a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy, a midshipman of a Navy accredited State maritime academy, a member of the Senior Reserve Officers' Training Corps, or the naval aviation college program, so long as that person satisfactorily continues in and completes at least two years training therein. SEC. 109. CONSCIENTIOUS OBJECTION. (a) Claims as Conscientious Objector.--Nothing in this title shall be construed to require a person to be subject to combatant training and service in the uniformed services, if that person, by reason of sincerely held moral, ethical, or religious beliefs, is conscientiously opposed to participation in war in any form. (b) Alternative Noncombatant or Civilian Service.--A person who claims exemption from combatant training and service under subsection (a) and whose claim is sustained by the local board shall-- (1) be assigned to noncombatant service (as defined by the President), if the person is inducted into the uniformed services; or (2) be ordered by the local board, if found to be conscientiously opposed to participation in such noncombatant service, to perform civilian service for the period specified in section 104(a) and subject to such regulations as the President may prescribe. SEC. 110. DISCHARGE FOLLOWING NATIONAL SERVICE. (a) Discharge.--Upon completion or termination of the obligation to perform national service under this title, a person shall be discharged from the uniformed services or from civilian service, as the case may be, and shall not be subject to any further service under this title. (b) Coordination With Other Authorities.--Nothing in this section shall limit or prohibit the call to active service in the uniformed services of any person who is a member of a regular or reserve component of the uniformed services. TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT SEC. 201. REGISTRATION OF FEMALES. (a) Registration Required.--Section 3(a) of the Military Selective Service Act (50 U.S.C. 453(a)) is amended-- (1) by striking ``male'' both places it appears; (2) by inserting ``or herself'' after ``himself''; and (3) by striking ``he'' and inserting ``the person''. (b) Conforming Amendment.--Section 16(a) of the Military Selective Service Act (50 U.S.C. App. 466(a)) is amended by striking ``men'' and inserting ``persons''. SEC. 202. REGISTRATION AND INDUCTION AUTHORITY. (a) Registration.--Section 4 of the Military Selective Service Act (50 U.S.C. App. 454) is amended by inserting after subsection (g) the following new subsection: ``(h) This section does not apply with respect to the induction of persons into the Armed Forces pursuant to the Universal National Service Act.''. (b) Induction.--Section 17(c) of the Military Selective Service Act (50 U.S.C. App. 467(c)) is amended by striking ``now or hereafter'' and all that follows through the period at the end and inserting ``inducted pursuant to the Universal National Service Act.''.

Universal National Service Act - Declares that it is the obligation of every U.S. citizen, and every other person residing in the United States, between the ages of 18 and 25 to perform a 2-year period of national service, unless exempted, either through military service or through civilian service in a federal, state, or local government program or with a community-based agency or entity engaged in meeting human, educational, environmental, or public safety needs. Requires induction into national service by the President. Allows persons to be inducted only: (1) under a declaration of war or national emergency, or (2) when members of the Armed Forces are engaged in a contingency operation. Requires each person, before induction, to be examined physically and mentally for classification for fitness to perform. Sets forth provisions governing: (1) induction deferments, postponements, and exemptions, including exemption of a conscientious objector from combatant training and military service; and (2) discharge following national service. Amends the Military Selective Service Act to authorize the military registration of females.

Universal National Service Act

SECTION 1. PURPOSE. It is the purpose of this Act to create principles governing the conduct of industrial cooperation projects of United States nationals in the People's Republic of China and Tibet. SEC. 2. STATEMENT OF PRINCIPLES. It is the sense of the Congress that any United States national conducting an industrial cooperation project in the People's Republic of China or Tibet should adhere to the following principles, which shall be known as the ``Harry Wu Principles'': (1) Suspend the use of any goods, wares, articles, or merchandise that the United States national has reason to believe were mined, produced, or manufactured, in whole or in part, by convict labor or forced labor; and refuse to use forced labor in the industrial cooperation project. (2) Seek to ensure that political or religious views, sex, ethnic or national background, involvement in political activities or nonviolent demonstrations, or association with suspected or known dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal, or in any way affect the status or terms of employment in the industrial cooperation project. The United States national should not discriminate in terms or conditions of employment in the industrial cooperation project against persons with past records of arrests or internal exile for nonviolent protest or membership in unofficial organizations committed to nonviolence. (3) Ensure that methods of production used in the industrial cooperation project do not pose an unnecessary physical danger to workers and neighboring populations and property and that the industrial cooperation project does not unnecessarily risk harm to the surrounding environment; and consult with community leaders regarding environmental protection with respect to the industrial cooperation project. (4) Strive to use business enterprises that are not controlled by the People's Republic of China or its authorized agents and departments as potential partners in the industrial cooperation project. (5) Prohibit any military presence on the premises of the industrial cooperation project. (6) Undertake to promote freedom of association and assembly among the employees of the United States national. The United States national should protest any infringement by the Government of the People's Republic of China of these freedoms to the appropriate authorities of that government and to the International Labor Organization, which has an office in Beijing. (7) Use every possible channel of communication with the Government of the People's Republic of China to urge that government to disclose publicly a complete list of all those individuals arrested since March 1989, to end incommunicado detention and torture, and to provide international observers access to all places of detention in the People's Republic of China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June of 1989 and the pro-democracy demonstrations which have taken place in Tibet since 1987. (8) Discourage or undertake to prevent compulsory political indoctrination programs from taking place on the premises of the operations of the industrial cooperation project. (9) Promote freedom of expression, including the freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any media. To this end, the United States national should raise with appropriate authorities of the Government of the People's Republic of China concerns about restrictions on importation of foreign publications. (10) Undertake to prevent harassment of workers who, consistent with the United Nations World Population Plan of Action, decide freely and responsibly the number and spacing of their children; and prohibit compulsory population control activities on the premises of the industrial cooperation project. SEC. 3. PROMOTION OF PRINCIPLES BY OTHER NATIONS. The Secretary of State shall forward a copy of the principles set forth in section 2 to the member nations of the Organization for Economic Cooperation and Development and encourage them to promote principles similar to these principles. SEC. 4. REGISTRATION REQUIREMENT. (a) In General.--Each United States national conducting an industrial cooperation project in the People's Republic of China or Tibet shall register with the Secretary of State and indicate whether the United States national agrees to implement the principles set forth in section 2. No fee shall be required for registration under this subsection. (b) Effective Date.--The registration requirement of subsection (a) shall take effect 6 months after the date of the enactment of this Act. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``industrial cooperation project'' refers to a for-profit activity the business operations of which employ more than 25 individuals or have assets greater than $25,000; and (2) 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, or 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.

Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China or Tibet should adhere to certain principles (known as the Harry Wu Principles). Declares that they should: (1) suspend the use of any merchandise that they have reason to believe was produced by convict or forced labor, and refuse to use forced labor in their projects; (2) seek to ensure that political or religious views, sex, ethnic or national background, or association with dissidents will not prohibit hiring, lead to harassment, demotion, or dismissal of an individual employed in the industrial cooperation project; (3) ensure that methods of production used in the projects do not pose unnecessary danger to workers and the surrounding neighborhoods and environment; (4) strive to use business enterprises that are not controlled by the government of China; (5) prohibit any military presence on the premises of the project; (6) promote freedom of association and assembly among the employees of the U.S. national; (7) urge the government of China to disclose a complete list of those individuals arrested since March 1989, end incommunicado detention and torture, and provide international observers access to places of detention in China and Tibet and to trials of prisoners arrested in connection with the pro-democracy events of April through June, 1989, and the pro-democracy demonstrations in Tibet since 1987; (8) discourage or prevent compulsory political indoctrination programs from taking place on project premises; (9) promote freedom of expression of all kinds; and (10) prevent harassment of workers who decide freely the number and spacing of their children, and prohibit compulsory population control activities on the premises of the project. Directs the Secretary of State to forward a copy of these principles to the member nations of the Organization for Economic Cooperation and Development, and encourage them to promote similar principles. Directs each U.S. national conducting an industrial cooperation project in China or Tibet to register with the Secretary and indicate whether they agree to implement such principles.

To set forth certain principles that should be adhered to by any United States national conducting an industrial cooperation project in the People's Republic of China or Tibet.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recycling Investment Saves Energy'' or the ``RISE Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Recycling means business in the United States, with more than 56,000 reuse and recycling establishments that employ over 1,100,000 people, generating an annual payroll of nearly $37,000,000,000, and grossing over $236,000,000,000 in annual revenues. In 2005, recycling scrap materials accounted for $15,700,000,000 in exports for the United States. On a per-ton basis, sorting and processing recyclables alone sustain 10 times more jobs than landfilling or incineration. (2) By reducing the need to extract and process virgin raw materials into manufacturing feedstock, reuse and recycling helps achieve significant energy savings. For example: (A) Taken together, the amount of energy wasted from not recycling aluminum and steel cans, paper, printed materials, glass, and plastic equals the annual output of 15 medium sized power plants. (B) The reuse of 500 steel drums per week yields 6 trillion Btu's per year, which is enough energy savings to power a city the size of Colorado Springs, Colorado, for 1 year. (3) Unfortunately, the United States recycling rate of many consumer commodities, including aluminum, glass, and plastic, are stagnant or declining, and businesses that rely on recycled feedstock are finding it difficult to obtain the quantity and quality of recycled materials needed. Increasingly, United States manufacturing facilities that rely on recycled feedstock are closing or forced to re-tool to use virgin materials. (4) The environmental impacts from reuse and recycling are significant. Increased reuse and recycling would produce significant environmental benefits, such as cleaner air, safer water, and reduced production costs. For example: (A) Between 2 and 5 percent of the waste stream is reusable. Reuse prevents waste creation and adverse impacts from disposal. (B) On a per-ton basis, recycling of: office paper prevents 60 pounds of air pollutants from being released, saves 7,000 gallons of water, and 3.3 cubic yards of landfill space; aluminum saves 10 cubic yards of landfill space; plastic saves 30 cubic yards of landfill space; glass prevents 7.5 pounds of air pollutants from being released and saves 2 cubic yards of landfill space; and steel saves 4 cubic yards of landfill space. (C) The manufacture of 100 percent recycled paperboard products uses significantly less fossil fuel than comparable products and is therefore a net reducer of greenhouse gases. And, for every 100 tons of recycled paperboard produced, 105 tons of material is prevented from going to the landfill, thus reducing landfill gases. (5) A national investment in the reuse and recycling industries is needed to preserve and expand America's reuse and recycling infrastructure. SEC. 3. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE AND RECYCLING PROPERTY. (a) In General.--Section 168 of the Internal Revenue Code of 1986 (relating to accelerated cost recovery system) is amended by adding at the end the following new subsection: ``(l) Special Allowance for Certain Reuse and Recycling Property.-- ``(1) In general.--In the case of any qualified reuse and recycling property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 50 percent of the adjusted basis of the qualified reuse and recycling property, and ``(B) the adjusted basis of the qualified reuse and recycling property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified reuse and recycling property.--For purposes of this subsection-- ``(A) In general.--The term `qualified reuse and recycling property' means any reuse and recycling property-- ``(i) to which this section applies, ``(ii) which has a useful life of at least 5 years, ``(iii) the original use of which commences with the taxpayer after December 31, 2006, and ``(iv) which is-- ``(I) acquired by purchase (as defined in section 179(d)(2)) by the taxpayer after December 31, 2006, but only if no written binding contract for the acquisition was in effect before January 1, 2007, or ``(II) acquired by the taxpayer pursuant to a written binding contract which was entered into after December 31, 2006. ``(B) Exceptions.-- ``(i) Alternative depreciation property.-- The term `qualified reuse and recycling property' shall not include any property to which the alternative depreciation system under subsection (g) applies, determined without regard to paragraph (7) of subsection (g) (relating to election to have system apply). ``(ii) Election out.--If a taxpayer makes an election under this clause with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(C) Special rule for self-constructed property.-- In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of clause (iv) of subparagraph (A) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property after December 31, 2006. ``(D) Deduction allowed in computing minimum tax.-- For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified reuse and recycling property shall be determined under this section without regard to any adjustment under section 56. ``(3) Definitions.--For purposes of this subsection-- ``(A) Reuse and recycling property.-- ``(i) In general.--The term `reuse and recycling property' means any machinery and equipment (not including buildings or real estate), along with all appurtenances thereto, including software necessary to operate such equipment, which is used exclusively to collect, distribute, or recycle qualified reuse and recyclable materials. ``(ii) Exclusion.--Such term does not include-- ``(I) rolling stock or other equipment used to transport reuse and recyclable materials, and ``(II) equipment used to produce new products or commodities from recycled products. ``(B) Qualified reuse and recyclable materials.-- ``(i) In general.--The term `qualified reuse and recyclable materials' means scrap plastic, scrap glass, scrap textiles, scrap rubber, scrap packaging, recovered fiber, scrap ferrous and nonferrous metals, or electronic scrap generated by an individual or business. ``(ii) Electronic scrap.--For purposes of clause (i), the term `electronic scrap' means-- ``(I) any cathode ray tube, flat panel screen, or similar video display device with a screen size greater than 4 inches measured diagonally, or ``(II) any central processing unit.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2006.

Recycling Investment Saves Energy or the RISE Act - Amends the Internal Revenue Code to allow a first-year tax deduction of 50% of the adjusted basis of qualified reuse and recycling property. Defines "qualified reuse and recycling property" as property placed in service after December 31, 2006, which has a useful life of at least five years and which is used exclusively to collect, distribute, or recycle certain scrap materials.

To amend the Internal Revenue Code to allow a special depreciation allowance for reuse and recycling property.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brian Lykins Human Tissue Transplant Safety Act of 2003''. SEC. 2. OVERSIGHT OF ENTITIES ENGAGING IN ACTIVITIES RELATING TO HUMAN CELL, TISSUE, OR CELLULAR OR TISSUE-BASED PRODUCTS. Section 361 of the Public Health Service Act (42 U.S.C. 264) is amended-- (1) by striking the section heading and all that follows through ``(a) The'' and inserting the following: ``SEC. 361. CONTROL OF COMMUNICABLE DISEASES. ``(a) Prevention of Communicable Diseases.-- ``(1) In general.--The''; (2) in subsection (b), by striking ``(b) Regulations prescribed under this section'' and inserting the following: ``(2) Limitation on purpose.--Regulations prescribed under this subsection''; (3) in subsection (c), by striking ``(c) Except as provided in subsection (d), regulations prescribed under this section'' and inserting the following: ``(3) Limitation on individuals.--Except as provided in paragraph (4), regulations prescribed under this subsection''; (4) in subsection (d)-- (A) by striking the third sentence and all that follows through the end and inserting the following: ``(B) Definitions.--In this paragraph: ``(i) Qualifying stage.--The term `qualifying stage', with respect to a communicable disease, means that such disease-- ``(I) is in a communicable stage; or ``(II) is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals. ``(ii) State.--The term `State' includes, in addition to the several States, only the District of Columbia.''; (B) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by striking ``(d)(1) Regulations prescribed under this section'' and inserting the following: ``(4) Circumstances of quarantine.-- ``(A) In general.--Regulations prescribed under this subsection''; (5) in subsection (e)-- (A) by striking ``(e) Nothing in this section'' and inserting the following: ``(5) Construction.--Nothing in this subsection''; (B) by striking ``such sections'' and inserting ``this subsection or section 363''; and (C) by striking ``under this section'' and inserting ``under this subsection''; and (6) by adding at the end the following: ``(b) Oversight of Entities Engaging in Activities Relating to Human Cell, Tissue, or Cellular or Tissue-Based Products.-- ``(1) Definitions.--In this subsection: ``(A) Commissioner.--The term `Commissioner' means the Commissioner of Food and Drugs. ``(B) Covered entity.--The term `covered entity' means any entity or person (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) that engages in the recovery, screening or testing (including donor eligibility screening or testing), processing, storage, labeling, packaging, or distribution of a human cell, tissue, or cellular or tissue-based product in a manner that affects interstate commerce. ``(C) Human cell, tissue, or cellular or tissue- based product.--The term `human cell, tissue, or cellular or tissue-based product' means 1 of the articles defined as `human cells, tissues, or cellular or tissue-based products' in section 1271.3(d)(2) of title 21, Code of Federal Regulations. ``(2) Oversight of entities.-- ``(A) In general.--No covered entity shall engage in an activity described in paragraph (1)(B) unless the entity is in compliance with this paragraph and the regulations promulgated under paragraph (3). ``(B) Registration and listing.--Each covered entity shall submit to the Commissioner a request for registration and listing and shall submit, for such registration and listing, such information relating to the identity and operations of the covered entity as the Commissioner may require. ``(C) Inspection.--The Commissioner may conduct such inspections of covered entities as the Commissioner determines are appropriate to evaluate and ensure compliance with-- ``(i) this paragraph; and ``(ii) regulations promulgated under paragraph (3). ``(D) Adverse reactions.-- ``(i) In general.--If an adverse reaction (as defined by the Commissioner) relating to a human cell, tissue, or cellular or tissue-based product occurs at the facility of a covered entity and the covered entity receives notification of the adverse reaction, the covered entity shall report the adverse reaction to the Commissioner not later than 15 calendar days after the date on which the covered entity receives the notification. ``(ii) Reporting mechanism; database.--As soon as practicable, the Commissioner, in consultation with the Director of the Centers for Disease Control and Prevention, shall develop-- ``(I) a single, simple reporting mechanism for use in reporting adverse reactions under clause (i); and ``(II) a database for information received in relation to any adverse reaction reported under clause (i). ``(3) Regulations.-- ``(A) In general.--Not later than 90 days after the date of enactment of the Human Tissue Transplant Safety Act of 2003, the Commissioner shall promulgate regulations to carry out this subsection, including-- ``(i) regulations specifying a description of the information required to be submitted for the registration and listing of a covered entity under paragraph (2)(B); ``(ii) regulations specifying a definition of the term `adverse reaction' for purposes of paragraph (2)(D); ``(iii) regulations specifying procedures for donor eligibility screening and testing, good tissue practices, and procedures for inspection, enforcement, and any other reasonable means to ensure that a human cell, tissue, or cellular or tissue-based product is free from communicable disease and maintains function and integrity during recovery, screening, testing, processing, storage, labeling, packaging, and distribution to a patient; and ``(iv) such other regulations relating to the operation of covered entities as the Commissioner determines are necessary. ``(B) Enforcement.--If the Commissioner determines that a covered entity has violated paragraph (2) or a regulation promulgated under subparagraph (A), the Commissioner (including a designee of the Commissioner) may after providing notice and an opportunity for a hearing-- ``(i) issue an order requiring-- ``(I) any person that distributed the human cell, tissue, or cellular or tissue-based product involved in the violation to recall or destroy the cell, tissue, or product, as appropriate; and ``(II) any covered entity in possession of the cell, tissue, or product to retain it until-- ``(aa) the cell, tissue or product is recalled by the manufacturer or is destroyed or disposed of as specified by the Commissioner; or ``(bb) the safety of the cell, tissue, or product is confirmed by the Commissioner; ``(ii) condemn, and seize or destroy, the cell, tissue, or product; ``(iii) issue an order requiring the covered entity to cease the activity that resulted in the violation so that the covered entity is in compliance with the regulation; or ``(iv) suspend or revoke the registration and listing under this subsection of the covered entity that violated the regulation. ``(4) Applicability.--Nothing in this subsection shall be construed to affect the regulation of human cell, tissue, or cellular or tissue-based products as biological products under section 351 or drugs or devices under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). ``(5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary.''. SEC. 3. CONFORMING AMENDMENTS. (a) Federal Food, Drug, and Cosmetic Act.--Section 801(d)(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)(4)) is amended by striking ``section 361'' and inserting ``section 361(a)''. (b) Public Health Service Act.-- (1) Section 2(f) of the Public Health Service Act (42 U.S.C. 201(f)) is amended by striking ``361(d),'' and inserting ``361(a)(4),''. (2) Section 363 of the Public Health Service Act (42 U.S.C. 266) is amended by striking ``subsection (b) of section 361'' and inserting ``section 361(a)(2)''. (3) Section 368 of the Public Health Service Act (42 U.S.C. 271) is amended by striking ``361'' and inserting ``361(a)''. (c) Title 49, United States Code.--Section 24301(m)(2) of title 49, United States Code is amended by striking ``Section 361'' and inserting ``Section 361(a)''.

Brian Lykins Human Tissue Transplant Safety Act of 2003 - Amends the Public Health Service Act to provide for oversight by the Commissioner of Food and Drugs of entities engaged in activities relating to human tissue or human tissue-based products, requiring their registration and authorizing their inspection. Requires the reporting of any adverse incidents. Requires the Commissioner to develop a reporting mechanism and a database to store such information. Allows the Commissioner, in an instance in which this Act is violated, to: (1) issue an order requiring any distributor of a human cell, tissue, or cellular or tissue-based product to recall or destroy such product; (2) condemn, seize, and destroy such product; (3) require a covered entity to cease the activity that resulted in the violation; or (4) suspend or revoke the registration and listing of the covered entity involved.

A bill to amend the Public Health Service Act to authorize the Commissioner of Food and Drugs to conduct oversight of any entity engaged in the recovery, screening, testing, processing, storage, or distribution of human tissue or human tissue-based products.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore our Neighborhoods Act of 2012''. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED URBAN DEMOLITION BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. QUALIFIED URBAN DEMOLITION BONDS. ``(a) Qualified Urban Demolition Bond.--For purposes of this subchapter, the term `qualified urban demolition bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for expenditures incurred after the date of the enactment of this section for 1 or more qualified projects pursuant to an allocation of such proceeds to such project or projects by a qualified issuer, ``(2) the bond is issued by a qualified issuer and is in registered form (within the meaning of section 149(a)), ``(3) the qualified issuer designates such bond for purposes of this section, ``(4) the term of each bond which is part of such issue does not exceed 30 years, ``(5) such bond is issued during the 5-year period beginning on the date of the enactment of this section, and ``(6) the issue meets the requirements of subsection (e). ``(b) Limitation on Amount of Bonds Designated.-- ``(1) In general.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by a State shall not exceed the qualified urban demolition bond limitation amount allocated to such State under paragraph (3). ``(2) National qualified urban demolition bond limitation amount.--There is a national qualified urban demolition bond limitation amount of $4,000,000,000. ``(3) Allocation to states.-- ``(A) In general.--The national qualified urban demolition bond limitation shall be allocated by the Secretary among the States on the following basis and in such manner so as to ensure that all of such limitation amount is allocated before the date which is 3 months after the date of the enactment of this section: ``(i) $2,000,000,000 to be allocated among the qualified States in accordance with subparagraph (B), and ``(ii) $2,000,000,000 to be equally allocated among all States. ``(B) Formula for allocation among qualified states.-- ``(i) In general.--The amount allocated to a State under subparagraph (A)(i) shall be an amount equal to the amount specified in subparagraph (A)(i) multiplied by the ratio that the nonseasonal vacant properties in the State bears to the total nonseasonal vacant properties of all qualified States. ``(ii) Nonseasonal vacant properties.--For purposes of clause (i), nonseasonal vacant properties shall be determined by the Secretary on the basis of 2010 decennial census. ``(4) Allocation of limitation amount by states.--The limitation amount allocated to a State under paragraph (3) shall be allocated by the State to qualified issuers within such State. ``(5) Reallocation of unused issuance limitation.--If at the end of the 2-year period beginning on the date of the enactment of this section, the national qualified urban demolition bond limitation amount under paragraph (2) exceeds the total amount of qualified urban demolition bonds issued during such period, such excess shall be reallocated among the qualified States in such manner as the Secretary determines appropriate so as to ensure to the extent possible that all of such limitation amount is issued in the form of qualified urban demolition bonds before the end of the 5-year period beginning on the date of the enactment of this section. ``(c) Qualified Project.--For purposes of this section, the term `qualified project' means the direct and indirect demolition costs properly attributable to any project proposed and approved by a qualified issuer, but does not include costs of operation or maintenance with respect to such project. ``(d) Applicable Credit Rate.--In lieu of section 54A(b)(3), for purposes of section 54A(b)(2), the applicable credit rate with respect to an issue under this section is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding long-term corporate debt obligations (determined in such manner as the Secretary prescribes). ``(e) Special Rules Relating to Expenditures.--In lieu of subparagraphs (A) and (B) of section 54A(d)-- ``(1) In general.--An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the qualified issuer reasonably expects-- ``(A) at least 100 percent of the available project proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year expenditure period beginning on such date, and ``(B) to incur a binding commitment with a third party to spend at least 10 percent of the proceeds of such issue with respect to such projects within the 12- month period beginning on such date. ``(2) Rules regarding continuing compliance after 5-year determination.--To the extent that less than 100 percent of the available project proceeds of such issue are expended by the close of the 5-year expenditure period beginning on the date of issuance, the qualified issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(f) Recapture of Portion of Credit Where Cessation of Compliance.--If any bond which when issued purported to be a qualified urban demolition bond ceases to be such a bond, the qualified issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of-- ``(1) the aggregate of the credits allowable under section 54A with respect to such bond (determined without regard to section 54A(c)) for taxable years ending during the calendar year in which such cessation occurs and each succeeding calendar year ending with the calendar year in which such bond is redeemed by the land bank, and ``(2) interest at the underpayment rate under section 6621 on the amount determined under paragraph (1) for each calendar year for the period beginning on the first day of such calendar year. ``(g) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified issuer.--The term `qualified issuer' means-- ``(A) a State-authorized land bank, or ``(B) with respect a State that does not have one or more State-authorized land banks, the State or any political subdivision or instrumentality thereof. ``(2) State-authorized land bank.--The term `State- authorized land bank' means a special unit of government or public purpose corporation-- ``(A) expressly charged under State law with the reclamation, repurposing and redevelopment of vacant and abandoned land, ``(B) enabled under State law to conduct large scale demolition projects, ``(C) organized in a State which has enacted legislation allowing for the expedited tax foreclosure of vacant, abandoned, and tax delinquent property, and ``(D) which may include a joint venture among 2 or more State-authorized land banks or among other entities with whom such special unit of government or public purpose corporation is authorized to enter into a joint venture. ``(3) Qualified state.--The term `qualified State' means a State which meets 3 of the following 4 requirements: ``(A) The State ranks in the top 20 among all States in percentage change in nonseasonal vacancies in the time period between the 2000 decennial census and the 2010 decennial census. ``(B) The State ranks in the top 25 among all States in unemployment rate (seasonally adjusted) for the most recent 12-month period available. ``(C) The State ranks in the top 25 among all States in percentage of loans in foreclosure for the most recent quarter available. ``(D) The State ranks in the top 20 among all States in the lowest percentage change in population growth in the time period between the 2000 decennial census and the 2010 decennial census. ``(4) Credits may be transferred.--Notwithstanding in any law or rule of law shall be construed to limit the transferability of the credit or bond allowed by this section through sale and repurchase agreements.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of such Code is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(E) a qualified urban demolition bond,''. (2) Subparagraph (C) of section 54A(d)(2) is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a qualified urban demolition bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Qualified urban demolition bonds.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 3. USE OF NEIGHBORHOOD STABILIZATION PROGRAM FUNDS FOR DEMOLITION ACTIVITIES. (a) NSP2 and NSP3 Funds.-- (1) Exception to limitation on use for demolition.-- Notwithstanding the 13th proviso of the second undesignated paragraph under the heading ``Community Planning and Development--Community Development Fund'' in title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 218) and section 1497(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2209), a qualified State or unit of general local government in a qualified State may use all or any portion of any amounts made available from a grant under such second undesignated paragraph or under such section 1497 for the purpose set forth in section 2301(c)(4)(D) of the Dodd- Frank Wall Street Reform and Consumer Protection Act (42 U.S.C. 5301 note), at the sole discretion of the State or unit of general local government. (2) Definition.--For purposes of this subsection, the term ``qualified State'' has the meaning given such term in section 54G(g) of the Internal Revenue Code of 1986. (b) Future Grants.--Subsection (c) of section 2301 of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note) is amended by adding at the end the following new paragraph: ``(5) Prohibition of limitation on use for demolition.--A qualified State or unit of general local government in a qualified State may use all or any portion of any amounts made available from a grant under this section for the purpose set forth in paragraph (4)(D) of this subsection, at the sole discretion of the State or unit of general local government. For purposes of this paragraph, the term `qualified State' has the meaning given such term in section 54G(g) of the Internal Revenue Code of 1986.''.

Restore our Neighborhoods Act of 2012 - Amends the Internal Revenue Code to establish a new category of tax credit bonds to be known as qualified urban demolition bonds. Allows the issuance of $4 billion of such bonds for the purpose of demolishing vacant, abandoned, and tax delinquent properties in urban areas. Provides for the allocation of $2 billion to all states to fund such demolition projects, and an additional $2 billion for certain other states that have greater numbers of vacant or foreclosed properties and higher unemployment rates (qualified states).

To provide $4,000,000,000 in new funding through bonding to empower States to undertake significant residential and commercial structure demolition projects in urban and other targeted areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Penalty Enhancement Act of 2002''. SEC. 2. AGGRAVATED IDENTITY THEFT. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding after section 1028, the following: ``Sec. 1028A. Aggravated identity theft ``(a) Offenses.-- ``(1) In general.--Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ``(2) Terrorism offense.--Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ``(b) Consecutive Sentence.--Notwithstanding any other provision of law-- ``(1) a court shall not place on probation any person convicted of a violation of this section; ``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used; ``(3) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ``(c) Definition.--For purposes of this section, the term `felony violation enumerated in subsection (c)' means any offense that is a felony violation of-- ``(1) section 664 (relating to theft from employee benefit plans); ``(2) section 911 (relating to false personation of citizenship); ``(3) section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm); ``(4) any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7); ``(5) any provision contained in chapter 63 (relating to mail, bank, and wire fraud); ``(6) any provision contained in chapter 69 (relating to nationality and citizenship); ``(7) any provision contained in chapter 75 (relating to passports and visas); ``(8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses); ``(9) section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card); ``(10) any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or ``(11) section 208, 1107(b), or 1128B(a) of the Social Security Act (42 U.S.C. 408, 1307(b), and 1320a-7b(a)) (relating to false statements relating to programs under the Act).''. (b) Amendment to Chapter Analysis.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1028 the following new item: ``1028A. Aggravated identity theft.''. SEC. 3. AMENDMENTS TO EXISTING IDENTITY THEFT PROHIBITION. Section 1028 of title 18, United States Code, is amended-- (1) in subsection (a)(7)-- (A) by striking ``transfers'' and inserting ``transfers, possesses,''; and (B) by striking ``abet,'' and inserting ``abet, or in connection with,''; (2) in subsection (b)(1)(D), by striking ``transfer'' and inserting ``transfer, possession,''; (3) in subsection (b)(2), by striking ``three years'' and inserting ``5 years''; and (4) in subsection (b)(4), by inserting after ``facilitate'' the following: ``an act of domestic terrorism (as defined under section 2331(5) of this title) or''.

Identity Theft Penalty Enhancement Act of 2002 - Amends the Federal criminal code to establish penalties for aggravated identity theft.Prescribes sentences of two years' imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including felonies relating to theft from employee benefit plans and various fraud and immigration offenses), and five years' imprisonment for knowingly taking such action during and in relation to specified felony violations pertaining to terrorist acts, in addition to the punishments provided for such felonies.Prohibits a court from: (1) placing any person convicted of such a violation on probation; (2) reducing any sentence for the related felony to take into account the sentence imposed for such a violation; or (3) providing for concurrent terms of imprisonment for a violation of this Act and any other violation, except, in the court's discretion, an additional violation of this section.Expands the existing identify theft prohibition to: (1) cover possession of a means of identification of another with intent to commit specified unlawful activity; (2) increase penalties for violations; and (3) include acts of domestic terrorism within the scope of a prohibition against facilitating an act of international terrorism.

A bill to amend title 18, United States Code, to establish penalties for aggravated identity theft, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Terrorism Prevention Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Convention on the Physical Protection of Nuclear Material'' means the Convention on the Physical Protection of Nuclear Material, signed at New York and Vienna March 3, 1980. (2) The term ``design-basis threat'' means a profile of the type, composition, and capabilities of an adversary. (3) The term ``formula quantities of strategic special nuclear material'' means uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope), uranium- 233, or plutonium in any combination in a total quantity of 5,000 grams or more computed by the formula, grams = (grams contained U-235) + 2.5 (grams U-233 + grams plutonium), as set forth in the definitions of ``formula quantities'' and ``strategic special nuclear material'' in section 73.2 of title 10, Code of Federal Regulations. (4) The term ``Nuclear Non-Proliferation Treaty'' means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (21 UST 483). (5) The term ``nuclear weapon'' means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for the development of, a weapon, a weapon prototype, or a weapon test device. SEC. 3. FINDINGS. Congress makes the following findings: (1) The possibility that terrorists may acquire and use a nuclear weapon against the United States is an urgent threat to the security of our nation and the world. (2) Existing programs intended to secure, monitor, and reduce nuclear stockpiles, redirect nuclear scientists, and interdict nuclear smuggling have made substantial progress, but additional efforts are needed to reduce the threat of nuclear terrorism as much as possible. (3) The September 2006 ``National Strategy for Combating Terrorism'' issued by the White House states, ``Weapons of mass destruction in the hands of terrorists is one of the gravest threats we face.'' (4) United Nations Secretary-General Kofi Annan has said that a nuclear terror attack ``would not only cause widespread death and destruction, but would stagger the world economy and thrust tens of millions of people into dire poverty''. (5) United Nations Security Council Resolution 1540 (2004) reaffirms the need to combat by all means, in accordance with the Charter of the United Nations, threats to international peace and security caused by terrorist acts and directs that all countries, in accordance with their national procedures, shall adopt and enforce effective laws that prohibit any non- state actor from manufacturing, acquiring, possessing, developing, transporting, transferring, or using nuclear, chemical, or biological weapons and their means of delivery, in particular for terrorist purposes, and to prohibit attempts to engage in any of the foregoing activities, participate in them as an accomplice, or assist or finance them. (6) The Director General of the International Atomic Energy Agency, Dr. Mohammed El Baradei, has said that it is a ``race against time'' to prevent a terrorist attack using a nuclear weapon. SEC. 4. SENSE OF CONGRESS ON THE PREVENTION OF NUCLEAR TERRORISM. It is the sense of Congress that-- (1) the threat of nuclear terror is the most horrific threat the United States faces; (2) the United States must take a comprehensive approach to reducing this danger, including additional efforts to identify and eliminate terrorist groups that aim to acquire nuclear weapons, to ensure that nuclear weapons and formula quantities of strategic special nuclear material around the world are secure and accounted for to a degree sufficient to defeat the threat that terrorists and criminals have shown they can pose, and to increase the ability to find and stop terrorist efforts to manufacture nuclear explosives or to transport nuclear explosives and materials anywhere in the world; (3) within such a comprehensive strategy, a high priority must be placed on ensuring that all nuclear weapons and formula quantities of strategic special nuclear material worldwide are secure and accounted for; (4) the President should make the prevention of a nuclear terrorist attack on the United States of the highest priority; (5) the President should accelerate programs, requesting additional funding as appropriate, to prevent nuclear terrorism, including combating nuclear smuggling and securing formula quantities of strategic special nuclear material wherever they may be; (6) the International Atomic Energy Agency plays a vital role in coordinating international efforts to protect nuclear materials and combat nuclear smuggling and should be funded appropriately to fulfill that role; and (7) legislation sponsored by Senator Richard Lugar, Senator Pete Domenici, and former Senator Sam Nunn has resulted in groundbreaking programs to ensure that nuclear weapons do not fall into the hands of terrorists. SEC. 5. SENIOR ADVISOR TO THE PRESIDENT FOR THE PREVENTION OF NUCLEAR TERRORISM. (a) In General.--Title I of the National Security Act of 1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 101A the following new section: ``senior advisor to the president for the prevention of nuclear terrorism ``Sec. 101B. (a) In General.--There is a Senior Advisor to the President for the Prevention of Nuclear Terrorism, who shall be appointed by the President by and with the advice and consent of the Senate. ``(b) Duties.--The Senior Advisor to the President shall-- ``(1) advise the President on all matters relating to nuclear terrorism; ``(2) formulate United States policies for preventing nuclear terrorism, including by-- ``(A) developing plans, including measurable milestones and targets to which departments and agencies can be held accountable, to better prevent nuclear terrorism; ``(B) finding and fixing gaps, duplication, and inefficiencies in existing programs and taking other steps to overcome obstacles to accelerated progress to prevent nuclear terrorism; ``(C) overseeing the development, by the relevant Federal departments and agencies, of accelerated and strengthened program implementation strategies and diplomatic strategies; ``(D) overseeing the development of budget requests for these programs and ensuring that they adequately reflect the priority of the problem; and ``(E) identifying such new initiatives as may be needed; and ``(3) coordinate United States efforts to implement such policies. ``(c) Staff.--The Senior Advisor to the President may appoint and terminate such personnel as may be necessary to enable the Senior Advisor to perform his or her duties.''. (b) Senior Advisor as Member of National Security Council.--Section 101(a) of such Act (50 U.S.C. 402(a)) is amended-- (1) in paragraph (6), by striking ``and''; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: ``(7) the Senior Advisor to the President for the Prevention of Nuclear Terrorism; and''. (c) Clerical Amendment.--The table of contents in the first section of such Act is amended by inserting after the item relating to section 101A the following new item: ``Sec. 101B. Senior Advisor to the President for the Prevention of Nuclear Terrorism.''. SEC. 6. ANNUAL REPORT. (a) In General.--Not later than September 1 of each year, the President, in consultation with the Senior Advisor to the President for the Prevention of Nuclear Terrorism, shall submit to Congress a report on the security of formula quantities of strategic special nuclear material. (b) Content.--The report required under subsection (a) shall include the following: (1) A section on the program for the removal and security of nuclear weapons, formula quantities of strategic special nuclear materials, and radiological materials established under section 3132(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (50 U.S.C. 2569(b)) including-- (A) a survey by the Senior Advisor to the President of the facilities and sites worldwide that contain nuclear weapons, formula quantities of strategic special nuclear material, radiological materials, or related equipment; (B) a list of sites determined by the Senior Advisor to the President to be of the highest priority, taking into account risk of theft from such sites, for removal or security of proliferation-attractive fissile materials, nuclear weapons, formula quantities of strategic special nuclear material, radiological materials, or related equipment, organized by level of priority; (C) a plan, including technical, diplomatic, and other means for the securing or removal of nuclear weapons, formula quantities of strategic special nuclear material, radiological materials, and related equipment at vulnerable facilities and sites worldwide, including measurable milestones, metrics, and estimated costs for the implementation of the plan; and (D) a description of the efforts of the governments of such countries to secure such material. (2) A section on efforts to establish and implement the security standard and related policies described under section 7. (c) Form.--The report may be submitted in classified form but shall include a detailed unclassified summary. SEC. 7. MINIMUM SECURITY STANDARD FOR NUCLEAR WEAPONS AND FORMULA QUANTITIES OF STRATEGIC SPECIAL NUCLEAR MATERIALS. (a) Policy.--It is the policy of the United States to take all possible steps to ensure, as rapidly as possible, that all nuclear weapons and formula quantities of strategic special nuclear materials are secure and accounted for. (b) International Nuclear Security Standard.--In furtherance of the policy described in subsection (a), and consistent with the requirement for ``appropriate effective'' physical protection contained in United Nations Security Council Resolution 1540 (2004), as well as the Nuclear Non-Proliferation Treaty and the Convention on the Physical Protection of Nuclear Material, the President, acting through the Senior Advisor to the President for the Prevention of Nuclear Terrorism, shall seek the broadest possible international agreement on a global standard for nuclear security that-- (1) ensures that nuclear weapons and formula quantities of strategic special nuclear material are effectively protected against the threats posed by terrorists and criminals; (2) takes into account the limitations of equipment and human performance; and (3) is verifiable, providing confidence that the needed measures have in fact been implemented. (c) International Efforts.--In furtherance of the policy described in subsection (a), the President, acting through the Senior Advisor to the President for the Prevention of Nuclear Terrorism, shall-- (1) work with other countries and the International Atomic Energy Agency to assist, and if necessary convince, the governments all countries where nuclear weapons or formula quantities of strategic special nuclear material exist to ensure that security is upgraded to meet the standard described in subsection (b) as rapidly as possible and in such a manner that these measures are sustained after United States and other international assistance ends; (2) ensure that United States financial and technical assistance is available to countries where the provision of such assistance would accelerate the implementation of, or improve the effectiveness of, such security upgrades; and (3) seek to work with the governments of other countries to ensure that effective nuclear security rules, accompanied by effective regulation and enforcement, are put in place concerning all nuclear weapons and formula quantities of strategic special nuclear materials worldwide, including the implementation of a regulatory design-basis threat (DBT) model in countries with nuclear weapons or formula quantities of strategic special nuclear materials that is designed to defeat the threats posed by terrorists and criminals. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Energy for fiscal year 2008, $50,000,000-- (1) to increase international participation in efforts to convert nuclear facilities that operate using highly enriched uranium to operation using low enriched uranium; and (2) to remove highly enriched uranium from such facilities.

Nuclear Terrorism Prevention Act of 2006 - Expresses the sense of Congress with respect to recognition of the threat to the United States of nuclear terrorism, as well as appropriate steps to be taken to prevent such terrorism. Amends the National Security Act of 1947 to establish a Senior Advisor to the President for the Prevention of Nuclear Terrorism. Requires an annual report from the President to Congress on the security of formula quantities of strategic special nuclear material. States as the policy of the United States that all possible steps be taken as rapidly as possible to ensure that all nuclear weapons and formula quantities of strategic special nuclear materials are secure and accounted for. Directs the President to seek an international agreement on a global standard that implements such policy.

To prevent nuclear terrorism, and for other purposes.

SECTION 1. NAVAJO RESERVATION BOUNDARY CLARIFICATION. Subsection (b) of section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10(b)) is amended-- (1) by striking ``present boundary of the Navajo Reservation'' and inserting ``trust lands of the Navajo Tribe, including the bands of the Navajo Tribe, as of January 1, 2014''; and (2) by striking ``present boundary of the reservation'' and inserting ``trust lands of the Navajo Tribe, including the bands of the Navajo Tribe, as of January 1, 2014''. SEC. 2. RESELECTION OF LANDS TO CORRECT SURVEYING ERROR. Section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10) is amended by adding at the end the following: ``(j) The Navajo Tribe shall have the right to deselect not more than 757 acres of the land selected under this section as of January 1, 2014, whether or not that land has already been taken into trust by the Secretary. Trust land deselected by the Navajo Tribe shall be taken out of trust and shall be administered by the Bureau of Land Management. The Navajo Tribe shall then have the right to reselect up to the same amount of land that is deselected and returned, in accordance with the provisions of this section.''. SEC. 3. FAIR RENTAL VALUE PAYMENTS REPORT. Not later than 90 days after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to the Committee on Natural Resources in the House of Representatives and the Committee on Indian Affairs in the Senate a report that contains the following: (1) The dates that the Secretary rendered initial rental decisions on annual rents owed by the Navajo Tribe to the Hopi Tribe pursuant to section 16(a) of the Act of December 22, 1974 (25 U.S.C. 640d-15(a)) for each of years 2001 through 2013, including an explanation for any delay longer than 12 months after the end of any year during that period. (2) The current status of all rental determinations for each of years 2001 through 2013, and, to the extent appeals are pending with the Secretary, where these appeals are pending, and how long such appeals have been pending at that locale. (3) To the extent that rental determinations have been delayed, the role, if any, in the delay that has been the result of contracts with the Bureau of Indian Affairs related to a contract under the Indian Self-Determination Act (25 U.S.C. 450f). (4) What contract provisions, if any, have been included in any contract under the Indian Self-Determination Act (25 U.S.C. 450f) between the Bureau of Indian Affairs and any contractor to ensure that the contractor's performance of those functions which are otherwise the obligations of the Bureau of Indian Affairs to carry out the requirements of section 16(a) of the Act of December 22, 1974 (25 U.S.C. 640d-15(a)) is free from conflicts of interest as required by part 900.231 through part 900.236 of title 25, Code of Federal Regulations. (5) The total amount that the Navajo Tribe has paid as rent and interest pursuant to section 16(a) of the Act of December 22, 1974 (25 U.S.C. 640d-15(a)), including the amount of prejudgment interest paid by the Navajo Tribe and the amount of post-judgment interest paid by the Navajo Tribe. (6) A plan to bring initial rental determinations current through the 2014 year as of April 1, 2015. (7) A plan to ensure that, beginning on April 1, 2016, all annual rental determinations are completed and delivered to the Navajo Tribe and the Hopi Tribe on or before April 1 of each year. SEC. 4. NAVAJO TRIBE SOVEREIGNTY EMPOWERMENT DEMONSTRATION PROJECT. (a) Navajo Sovereignty Empowerment Zones.--The Navajo Tribe shall have the authority to designate up to 150,000 acres within one or more of the following, which shall be designated as Navajo Sovereignty Empowerment Zones: (1) All lands selected by the Navajo Tribe pursuant to section 11 of the Act of December 22, 1974 (25 U.S.C. 640d-10). (2) The lands within that portion of the Navajo Reservation lying west of the Executive Order Reservation of 1882 and bounded on the north and south by westerly extensions, to the reservation line, of the northern and southern boundaries of said Executive Order Reservation (formerly known as the ``Bennett Freeze'' area). (3) All lands partitioned to the Navajo Tribe pursuant to sections 3 and 4 of the Act of December 22, 1974 (25 U.S.C. 640d-2 and 640d-3). (b) Applicability of Certain Laws.--Within the Navajo Sovereignty Empowerment Zones, the following laws are waived with regard to renewable energy development, housing development, public and community facilities, and infrastructure development (such as water and wastewater development, roads, transmission lines, gas lines, and rights-of-way): (1) The Wilderness Act (16 U.S.C. 1131 et seq.). (2) The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (3) The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4) The National Historic Preservation Act (16 U.S.C. 470 et seq.). (5) Public Law 86-523 (16 U.S.C. 469 et seq.). (6) The Act of June 8, 1906 (commonly known as the ``Antiquities Act of 1906'' (16 U.S.C. 431 et seq.)). (7) The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.). (8) The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.). (9) The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.). (10) The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.). (11) Subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''). (12) The National Park Service Organic Act (16 U.S.C. 1 et seq.). (13) The General Authorities Act of 1970 (Public Law 91- 383) (16 U.S.C. 1a-1 et seq.). (14) Sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95-625, 92 Stat. 3467). (15) The Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101-628). (c) Tribal Sovereignty.--Nothing in this section supersedes, replaces, negates, or diminishes-- (1) the laws and regulations of the Navajo Nation which shall remain in full force and effect within the Navajo Sovereignty Empowerment Zones; or (2) the treaties or other agreements between the United States and the Navajo Tribe. (d) Navajo-Hopi Dispute Settlement Act.--Nothing in this section waives the provisions of the Navajo-Hopi Dispute Settlement Act of 1996 (25 U.S.C. 640d note). (e) Funding and Grants.--Nothing in this section negates or diminishes the eligibility of the Navajo Tribe to receive or continue to receive funding and grants under the Navajo-Hopi Dispute Settlement Act of 1996 or any other laws of the United States. SEC. 5. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR RELOCATION BENEFITS. The Navajo-Hopi Land Dispute Settlement Act of 1996 (25 U.S.C. 640d note) is amended by adding at the end the following: ``SEC. 13. RELINQUISHMENT OF ACCOMMODATION AGREEMENT AND ELIGIBILITY FOR RELOCATION BENEFITS. ``(a) In General.--Notwithstanding any other provision of this Act, the Settlement Agreement, or the Accommodation Agreement, any Navajo head of household, or the successor thereto if such person is no longer the head of household, that has entered into an Accommodation Agreement shall have the following rights: ``(1) To relinquish that Agreement for up to two years after the effective date of this section. ``(2) After a relinquishment under paragraph (1), to receive the full relocation benefits to which the Navajo head of household would otherwise have been entitled had the head of household not signed the Accommodation Agreement, including relocation housing, counseling, and other services. In the event that the Navajo head of household is no longer the head of household, the successor thereto shall be entitled to receive the full relocation benefits. ``(b) Timing.--A relinquishment under subsection (a) shall not go into effect until the Office of Navajo and Hopi Indian Relocation provides the full relocation benefits to the Navajo head of household, or successor thereto.''. SEC. 6. NAVAJO REHABILITATION TRUST FUND. Section 32 of Public Law 93-531 (25 U.S.C. 640d-30) is amended-- (1) in subsection (d)-- (A) in paragraph (2), by striking ``or''; (B) in paragraph (3), by striking the period at the end and inserting ``, or''; and (C) by adding at the end the following: ``(4) at the discretion of the Navajo Tribe, to use for development in the Navajo Sovereignty Empowerment Zones established pursuant to section 104.''; (2) in the first sentence of subsection (f), by striking ``and the United States has been reimbursed for funds appropriated under subsection (f) of this section''; and (3) in subsection (g)-- (A) in the first sentence, by striking ``1990, 1991, 1992, 1993, and 1994'' and all that follows through the final period and inserting ``2014, 2015, 2016, 2017, and 2018.''; and (B) by striking the second sentence.

Requires a border of any parcel of land that is transferred to or acquired by the Navajo Reservation to be within 18 miles of the trust lands of the Navajo Tribe, including the bands of the Tribe, as of January 2014. Allows the Bureau of Land Management (BLM) lands anywhere within Arizona and New Mexico to be exchanged for lands within 18 miles of those trust lands. Gives the Navajo Tribe the right to deselect not more than 757 acres of the land selected as of January 2014, whether or not such land has already been taken into trust by the Secretary of the Interior. Gives the Tribe the right to reselect land up to the amount it deselected. Directs the Secretary to report on annual rents owed by the Navajo Tribe to the Hopi Tribe for each of the years 2001-2013. Authorizes the Navajo Tribe to designate up to 150,000 acres within specified lands to be designated as Navajo Sovereignty Empowerment Zones. Makes inapplicable specified laws within such Zones. Amends the Navajo-Hopi Land Dispute Settlement Act of 1996 to set forth the rights of Navajo heads of household or their successors to relinquish an Accommodation Agreement they have entered into with the Hopi Tribe regarding their residence on Hopi lands. Reauthorizes and revises the Navajo Rehabilitation Trust Fund. Allows for its use for the development of Navajo Sovereignty Empowerment Zones.

To make technical amendments to Public Law 93-531, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) by enacting the Act of December 22, 1944, commonly known as the ``Flood Control Act of 1944'' (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the Pick-Sloan Missouri River Basin program (referred to in this section as the ``Pick-Sloan program'')-- (A) to promote the general economic development of the United States; (B) to provide for irrigation above Sioux City, Iowa; (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the waters impounded for the Fort Randall and Gavins Point projects of the Pick-Sloan program have inundated the fertile, wooded bottom lands along the Missouri River that constituted the most productive agricultural and pastoral lands of, and the homeland of, the members of the Yankton Sioux Tribe and the Santee Sioux Tribe; (3) the Fort Randall project (including the Fort Randall Dam and Reservoir) overlies the western boundary of the Yankton Sioux Tribe Indian Reservation; (4) the Gavins Point project (including the Gavins Point Dam and Reservoir) overlies the eastern boundary of the Santee Sioux Tribe; (5) although the Fort Randall and Gavins Point projects are major components of the Pick-Sloan program, and contribute to the economy of the United States by generating a substantial amount of hydropower and impounding a substantial quantity of water, the reservations of the Yankton Sioux Tribe and the Santee Sioux Tribe remain undeveloped; (6) the United States Army Corps of Engineers took the Indian lands used for the Fort Randall and Gavins Point projects by condemnation proceedings; (7) the Federal Government did not give the Yankton Sioux Tribe and the Santee Sioux Tribe an opportunity to receive compensation for direct damages from the Pick-Sloan program, even though the Federal Government gave 5 Indian reservations upstream from the reservations of those Indian tribes such an opportunity; (8) the Yankton Sioux Tribe and the Santee Sioux Tribe did not receive just compensation for the taking of productive agricultural Indian lands through the condemnation referred to in paragraph (6); (9) the settlement agreement that the United States entered into with the Yankton Sioux Tribe and the Santee Sioux Tribe to provide compensation for the taking by condemnation referred to in paragraph (6) did not take into account the increase in property values over the years between the date of taking and the date of settlement; and (10) in addition to the financial compensation provided under the settlement agreements referred to in paragraph (9)-- (A) the Yankton Sioux Tribe should receive an aggregate amount equal to $23,023,743 for the loss value of 2,851.40 acres of Indian land taken for the Fort Randall Dam and Reservoir of the Pick-Sloan program; and (B) the Santee Sioux Tribe should receive an aggregate amount equal to $4,789,010 for the loss value of 593.10 acres of Indian land located near the Santee village. SEC. 3. DEFINITIONS. In this Act: (1) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4(e) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(e)). (2) Santee sioux tribe.--The term ``Santee Sioux Tribe'' means the Santee Sioux Tribe of Nebraska. (3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe'' means the Yankton Sioux Tribe of South Dakota. SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Yankton Sioux Tribe Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $23,023,743; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of the Treasury's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to yankton sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Yankton Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Yankton Sioux Tribe has adopted a tribal plan under section 6. (C) Use of payments by yankton sioux tribe.--The Yankton Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the tribal plan prepared under section 6. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``Santee Sioux Tribe Development Trust Fund'' (referred to in this section as the ``Fund''). The Fund shall consist of any amounts deposited in the Fund under this Act. (b) Funding.--On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit into the Fund established under subsection (a)-- (1) $4,789,010; and (2) an additional amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if such amount had been invested in interest-bearing obligations of the United States, or in obligations guaranteed as to both principal and interest by the United States, on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. (c) Investment of Trust Fund.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary of the Treasury's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. (d) Payment of Interest to Tribe.-- (1) Withdrawal of interest.--Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall withdraw the aggregate amount of interest deposited into the Fund for that fiscal year and transfer that amount to the Secretary of the Interior for use in accordance with paragraph (2). Each amount so transferred shall be available without fiscal year limitation. (2) Payments to santee sioux tribe.-- (A) In general.--The Secretary of the Interior shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Santee Sioux Tribe, as such payments are requested by that Indian tribe pursuant to tribal resolution. (B) Limitation.--Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Santee Sioux Tribe has adopted a tribal plan under section 6. (C) Use of payments by santee sioux tribe.--The Santee Sioux Tribe shall use the payments made under subparagraph (A) only for carrying out projects and programs under the tribal plan prepared under section 6. (e) Transfers and Withdrawals.--Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 6. TRIBAL PLANS. (a) In General.--Not later than 24 months after the date of enactment of this Act, the tribal council of each of the Yankton Sioux and Santee Sioux Tribes shall prepare a plan for the use of the payments to the tribe under section 4(d) or 5(d) (referred to in this subsection as a ``tribal plan''). (b) Contents of Tribal Plan.--Each tribal plan shall provide for the manner in which the tribe covered under the tribal plan shall expend payments to the tribe under subsection (d) to promote-- (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the tribe and its members; or (4) any combination of the activities described in paragraphs (1), (2), and (3). (c) Tribal Plan Review and Revision.-- (1) In general.--Each tribal council referred to in subsection (a) shall make available for review and comment by the members of the tribe a copy of the tribal plan for the Indian tribe before the tribal plan becomes final, in accordance with procedures established by the tribal council. (2) Updating of tribal plan.--Each tribal council referred to in subsection (a) may, on an annual basis, revise the tribal plan prepared by that tribal council to update the tribal plan. In revising the tribal plan under this paragraph, the tribal council shall provide the members of the tribe opportunity to review and comment on any proposed revision to the tribal plan. (3) Consultation.--In preparing the tribal plan and any revisions to update the plan, each tribal council shall consult with the Secretary of the Interior and the Secretary of Health and Human Services. (4) Audit.-- (A) In general.--The activities of the tribes in carrying out the tribal plans shall be audited as part of the annual single-agency audit that the tribes are required to prepare pursuant to the Office of Management and Budget circular numbered A-133. (B) Determination by auditors.--The auditors that conduct the audit described in subparagraph (A) shall-- (i) determine whether funds received by each tribe under this section for the period covered by the audits were expended to carry out the respective tribal plans in a manner consistent with this section; and (ii) include in the written findings of the audits the determinations made under clause (i). (C) Inclusion of findings with publication of proceedings of tribal council.--A copy of the written findings of the audits described in subparagraph (A) shall be inserted in the published minutes of each tribal council's proceedings for the session at which the audit is presented to the tribal councils. (d) Prohibition on Per Capita Payments.--No portion of any payment made under this Act may be distributed to any member of the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita basis. SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES. (a) In General.--No payment made to the Yankton Sioux Tribe or Santee Sioux Tribe pursuant to this Act shall result in the reduction or denial of any service or program to which, pursuant to Federal law-- (1) the Yankton Sioux Tribe or Santee Sioux Tribe is otherwise entitled because of the status of the tribe as a federally recognized Indian tribe; or (2) any individual who is a member of a tribe under paragraph (1) is entitled because of the status of the individual as a member of the tribe. (b) Exemptions From Taxation.--No payment made pursuant to this Act shall be subject to any Federal or State income tax. (c) Power Rates.--No payment made pursuant to this Act shall affect Pick-Sloan Missouri River Basin power rates. SEC. 8. STATUTORY CONSTRUCTION. Nothing in this Act may be construed as diminishing or affecting any water right of an Indian tribe, except as specifically provided in another provision of this Act, any treaty right that is in effect on the date of enactment of this Act, any authority of the Secretary of the Interior or the head of any other Federal agency under a law in effect on the date of enactment of this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, including such sums as may be necessary for the administration of the Yankton Sioux Tribe Development Trust Fund under section 4 and the Santee Sioux Tribe of Nebraska Development Trust Fund under section 5. SEC. 10. EXTINGUISHMENT OF CLAIMS. Upon the deposit of funds under sections 4(b) and 5(b), all monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe of Nebraska has or may have against the United States for loss of value or use of land related to lands described in section 2(a)(10) resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program shall be extinguished.

Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act - Establishes in the Treasury the Yankton Sioux Tribe Development Trust Fund and the Santee Sioux Tribe Development Trust Fund. Directs the Secretary of the Treasury to withdraw the aggregate amount of interest deposited into the Funds each fiscal year (beginning with the 11th fiscal year after this Act's enactment date) and transfer that amount to the Secretary of the Interior for making payments to the Yankton Sioux Tribe and the Santee Sioux Tribe for carrying out projects and programs under each Tribe's Tribal Plan.Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments for projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members.States that payments under this Act will not affect other Federal payments or the Pick-Sloan Missouri River Basin power rates or be subject to Federal or State income tax.Authorizes appropriations.Extinguishes all monetary claims of the Tribes against the United States for loss of value or use of land resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program upon the deposit of funds into such Funds.

To provide equitable compensation to the Yankton Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska for the loss of value of certain lands.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Three Kids Mine Remediation and Reclamation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Hazardous substance; pollutant or contaminant; release; remedy; response.--The terms ``hazardous substance'', ``pollutant or contaminant'', ``release'', ``remedy'', and ``response'' have the meanings respectively set forth for those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (2) Henderson redevelopment agency.--The term ``Henderson Redevelopment Agency'' means the public body, corporate and politic, known as the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise its powers in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685, inclusive). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Nevada. (5) Three kids mine federal land.--The term ``Three Kids Mine Federal Land'' means the parcel or parcels of Federal land consisting of approximately 948 acres in sections 26, 34, 35, and 36, Township 21 South, Range 63 East, Mount Diablo Meridian, Nevada, as depicted on the map entitled ``Three Kids Mine Project Area'' and dated February 6, 2012. (6) Three kids mine project site.--The term ``Three Kids Mine Project Site'' means the Three Kids Mine Federal Land and the adjacent approximately 314 acres of non-Federal land, together comprising approximately 1,262 acres, as depicted on the map entitled ``Three Kids Mine Project Area'' and dated February 6, 2012. SEC. 3. LAND CONVEYANCE. (a) In General.--Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and any other provision of law, as soon as practicable after fulfillment of the conditions in subsection (b), and subject to valid existing rights, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in the Three Kids Mine Federal Land. (b) Conditions.-- (1) Determination of fair market value.--The Secretary shall administratively adjust the fair market value of the Three Kids Mine Federal Land as determined pursuant to paragraph (2) by deducting from the fair market value of the Three Kids Mine Federal Land the reasonable approximate assessment, remediation and reclamation costs for the Three Kids Mine Project Area as determined pursuant to paragraph (3). The Secretary shall begin the appraisal and cost determination under paragraphs (2) and (3), respectively, not later than 30 days after the date of the enactment of this Act. (2) Appraisal.--The Secretary shall determine the fair market value of the Three Kids Mine Federal Land based on an appraisal without regard to any existing contamination associated with historical mining or other uses on the property and in accordance with nationally recognized appraisal standards including the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. The Henderson Redevelopment Agency shall reimburse the Secretary for costs incurred in performing the appraisal. (3) Remediation and reclamation costs.--The Secretary shall prepare a reasonable approximate estimation of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. This estimation shall be based upon the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or its designee that has been approved by the State, and shall be prepared in accordance with the current version of ASTM International Standard E-2137-06 entitled ``Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters''. The Phase II environmental site assessment shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of the current versions of ASTM International Standard E-1527-05 entitled ``Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process'' and ASTM International Standard E-1903-11 entitled ``Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process''. The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency and the State. In the event of a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable approximate estimate of costs, the parties shall jointly select one or more experts to advise the Secretary in making the final determination of such costs. (4) Consideration.--The Henderson Redevelopment Agency shall pay the fair market value, if any, as determined under this subsection. (5) Mine remediation and reclamation agreement executed.-- The Secretary receives from the State notification, in writing, that the Mine Remediation and Reclamation Agreement has been executed. The Mine Remediation and Reclamation Agreement shall be an enforceable consent order or agreement administered by the State that-- (A) obligates a party to perform, after the conveyance of the Three Kids Mine Federal Land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to complete a permanent and appropriately protective remedy to existing environmental contamination and hazardous conditions; and (B) contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of such remedy. (6) Notification.--The Secretary receives from the Henderson Redevelopment Agency notification, in writing, that the Henderson Redevelopment Agency is prepared to accept conveyance of the Three Kids Mine Federal Land under this Act. Such notification must occur not later than 90 days after execution of the Mine Remediation and Reclamation Agreement referred to in paragraph (5). SEC. 4. WITHDRAWAL. (a) In General.--Subject to valid existing rights, for the 10-year period following the date of the enactment of this Act or on the date of the conveyance required by this Act, whichever is earlier, the Three Kids Mine Federal Land is withdrawn from all forms of-- (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. (b) Existing Reclamation Withdrawals.--Subject to valid existing rights, any withdrawal of public land for reclamation project purposes that includes all or any portion of the Three Kids Mine Federal Land for which the Bureau of Reclamation has determined that it has no further need under applicable law is hereby relinquished and revoked solely to the extent necessary to exclude from the withdrawal the land no longer needed and to allow for the immediate conveyance of the Three Kids Mine Federal Land as required under this Act. (c) Existing Reclamation Project and Permitted Facilities.--Without limiting the general applicability of section 3(a), nothing in this Act shall diminish, hinder, or interfere with the exclusive and perpetual use by existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Three Kids Mine Federal Land that were constructed or permitted by the Bureau of Reclamation prior to the effective date of this Act. SEC. 5. ACEC BOUNDARY ADJUSTMENT. Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1717), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is hereby adjusted consistent with the map entitled ``Three Kids Mine Project Area'' and dated February 6, 2012. SEC. 6. RELEASE OF THE UNITED STATES. Upon making the conveyance under section 3, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) at the Three Kids Mine Project Site in existence on or before the date of the conveyance. SEC. 7. SOUTHERN NEVADA PUBLIC LANDS MANAGEMENT ACT. Southern Nevada Public Land Management Act of 1998 (31 U.S.C. 6901 note; Public Law 105-263) shall not apply to land conveyed under this Act. Passed the House of Representatives June 5, 2012. Attest: KAREN L. HAAS, Clerk.

Three Kids Mine Remediation and Reclamation Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Henderson Redevelopment Agency of the city of Henderson, Nevada, the Three Kids Mine Federal Land (the parcel or parcels of federal land consisting of approximately 948 specified acres, as depicted on the map entitled "Three Kids Mine Project Area"). Directs the Secretary to administratively adjust the fair market value of the Three Kids Mine Federal Land by deducting from the fair market value of the Three Kids Mine Federal Land the reasonable approximate assessment, remediation, and reclamation costs for the Three Kids Mine Project Area. Directs the Secretary to determine the fair market value of the Three Kids Mine Federal Land based on an appraisal without regard to any existing contamination. Requires the Henderson Redevelopment Agency to reimburse the Secretary for appraisal costs. Directs the Secretary to prepare a reasonable approximate estimation of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site (the Three Kids Mine Federal Land and the adjacent approximately 314 acres of non-federal land, together comprising approximately 1,262 acres, as depicted on the map entitled "Three Kids Mine Project Area"). Requires the Henderson Redevelopment Agency to pay the fair market value, if any for the Three Kids Mine Federal Land. Requires the Mine Remediation and Reclamation Agreement to be an enforceable consent order or agreement administered by the state. Requires the Henderson Redevelopment Agency to notify the Secretary in writing that is prepared to accept conveyance of the Three Kids Mine Federal Land. (Sec. 4) Withdraws the Three Kids Mine Federal Land, for a 10-year period, following enactment, or on the date of conveyance, from: (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. Relinquishes and revokes, subject to valid existing rights, any withdrawal of public land for reclamation project purposes that includes all or any portion of the Three Kids Mine Federal Land for which the Bureau of Reclamation has determined that it has no further need to the extent necessary to exclude from the withdrawal the land no longer needed and to allow for the immediate conveyance of the Three Kids Mine Federal Land. Prohibits anything in this Act from diminishing, hindering, or interfering with the exclusive and perpetual use by existing rights holders of the operation, maintenance, and improvement of water conveyance infrastructure and facilities situated on the Three Kids Mine Federal Land that were constructed or permitted by the Bureau of Reclamation prior to the effective date of this Act. (Sec. 5) Adjusts the boundary of the River Mountains Area of Critical Environmental Concern. (Sec. 6) Releases the United States, upon making the conveyance, from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product, solid waste, or mining related materials at the Three Kids Mine Project Site. (Sec. 7) Makes the provisions of the Southern Nevada Public Land Management Act of 1998 non-applicable to land conveyed under this Act.

To provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Hybrid Tax Credit Act of 2005''. SEC. 2. INCREASED CREDIT AMOUNT FOR ALTERNATIVE MOTOR VEHICLES ASSEMBLED IN THE UNITED STATES. (a) Increased Credit Amount.-- (1) New qualified fuel cell motor vehicle credit.-- Subsection (b) of section 30B of the Internal Revenue Code of 1986 (relating to alternative motor vehicle credit) is amended by inserting at the end the following new paragraph: ``(4) Domestic assembly increase.--Except as provided in subsection (h)(11), the amount determined under paragraph (1) with respect to a new qualified fuel cell motor vehicle which is assembled in the United States shall be increased by $3,000.''. (2) New advanced lean burn technology motor vehicle credit.--Subsection (c)(2) of such section of such Code is amended by inserting at the end the following new subparagraph: ``(C) Domestic assembly increase.--Except as provided in subsection (h)(11), the amount determined under this paragraph with respect to a new advanced lean burn technology motor vehicle which is assembled in the United States shall be increased by $3,000.''. (3) New qualified hybrid motor vehicle credit.--Subsection (d)(2) of such section of such credit is amended by inserting at the end the following new subparagraph: ``(C) Domestic assembly increase.--Except as provided in subsection (h)(11), the amount determined under this paragraph with respect to a new qualified hybrid motor vehicle which is assembled in the United States shall be increased by $3,000.''. (4) New qualified alternative fuel motor vehicle credit.-- Subsection (e) of such section of such Code is amended by inserting at the end the following new paragraph: ``(6) Domestic assembly increase.--Except as provided in subsection (h)(11), the amount determined under paragraph (1) with respect to a new advanced qualified alternative fuel motor vehicle which is assembled in the United States shall be increased by $3,000.''. (5) Dollar limitation.--Subsection (h) of such section of such Code is amended by inserting at the end the following new paragraph: ``(11) Dollar limitation.--In determining the amount of the credit allowed under this section for a taxpayer during a taxable year, the total dollar amount of the increases described in subsections (b)(4), (c)(2)(C), (d)(2)(C), and (e)(6) with respect to such taxpayer during the taxable year shall not exceed $6,000.''. (b) Effective Date.--The amendments made by this section shall take effect as if included in section 1341 of the Energy Policy Act of 2005. SEC. 3. INCREASED CREDIT AMOUNT FOR RESEARCH RELATED TO ALTERNATIVE MOTOR VEHICLE TECHNOLOGY. (a) Research Credit.--Section 41 (relating to credit for increasing research activities) is amended by adding at the end the following new subsection: ``(i) Certain Technologies.-- ``(1) Increased credit amount.--In the case of expenses relating to a technology described in paragraph (2), subsection (a)(1) shall be applied by substituting `40 percent' for `20 percent'. ``(2) Technology described.--A technology described in this paragraph is a technology which enables a vehicle to qualify for the alternative motor vehicle credit under section 30B, as determined by the Secretary, and which is-- ``(A) a fuel cell described in section 30B(b)(3), ``(B) a hybrid motor vehicle technology described in paragraphs (2) or (3) of section 30B(c), ``(C) an alternative fuel motor vehicle technology described in section 30B(d)(4), ``(D) an advanced diesel motor vehicle technology described in section 30B(e), or ``(E) an energy storage technology for motor vehicles. ``(3) Domestic production requirement.--An expense shall be treated as not described in paragraph (1) unless any research qualified under this section is conducted substantially within the United States. ``(4) Technology portion of credit refundable for small businesses.-- ``(A) In general.--In the case of an eligible small business, the portion of the credit which is attributable to expenses relating to technologies described in paragraph (2) and which would (but for subparagraph (B)) be allowable under this section shall be treated for purposes of this title as a credit allowed under subpart C. ``(B) No double benefit.--The amount of the credit allowed under this section shall be reduced by the amount of any credit treated as allowed under subpart C by reason of subparagraph (A). ``(C) Eligible small business.--For purposes of this paragraph, a taxpayer is an eligible small business for any taxable year if the average annual gross receipts of the taxpayer for the 3 preceding taxable years do not exceed $5,000,000. For purposes of the preceding sentence, rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2005.

American Hybrid Tax Credit Act of 2005 - Amends the Internal Revenue Code to increase by $3,000 the allowable amount of the tax credit for alternative motor vehicles (i.e., qualified fuel cell vehicles, advanced lean burn technology motor vehicles, hybrid vehicles, and alternative fuel motor vehicles) which are assembled in the United States. Allows a 20% increase in the tax credit for increasing research activities for U.S.-based research on alternative motor vehicle technology. Makes such credit refundable for certain small businesses.

To amend the Internal Revenue Code of 1986 to increase the credit for certain alternative motor vehicles assembled in the United States and to increase the credit for research related to alternative motor vehicle technology.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Extremely Hazardous Materials Rail Transportation Act of 2005''. SEC. 2. COORDINATION OF PRECAUTIONS AND RESPONSE EFFORTS RELATED TO THE TRANSPORTATION BY RAIL OF EXTREMELY HAZARDOUS MATERIALS. (a) Regulations.-- (1) Requirement for regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall, in consultation with the Secretary of Transportation and the heads of other Federal, State, and local agencies, prescribe regulations for the coordination of efforts of Federal, State, and local agencies aimed at preventing terrorist acts and responding to emergencies that may occur in connection with the transportation by rail of extremely hazardous materials. (2) Content.-- (A) In general.--The regulations required under paragraph (1) shall-- (i) require, and establish standards for, the training of individuals described in subparagraph (B) on safety precautions and best practices for responding to emergencies occurring in connection with the transportation by rail of extremely hazardous materials, including incidents involving acts of terrorism; and (ii) establish a coordinated system for notifying appropriate Federal, State, and local law enforcement authorities (including, if applicable, transit, railroad, or port authority police agencies) and first responders of the transportation by rail of extremely hazardous materials through communities designated as area of concern communities by the Secretary of Homeland Security under subsection (b)(1). (B) Individuals covered by training.--The individuals described in subparagraph (A)(i) are first responders, law enforcement personnel, and individuals who transport, load, unload, or are otherwise involved in the transportation by rail of extremely hazardous materials or who are responsible for the repair of related equipment and facilities in the event of an emergency, including an incident involving terrorism. (b) Area of Concern Communities.-- (1) Designation of area of concern communities.-- (A) In general.--In prescribing regulations under subsection (a), the Secretary of Homeland Security shall compile a list of area of concern communities. (B) Criteria.--The Secretary of Homeland Security shall include on such list communities through or near which the transportation by rail of extremely hazardous materials poses a serious risk to the public health and safety. In making such determination, the Secretary shall consider-- (i) the severity of harm that could be caused in a community by the release of the transported extremely hazardous materials; (ii) the proximity of a community to major population centers; (iii) the threat posed by such transportation to national security, including the safety and security of Federal and State government offices; (iv) the vulnerability of a community to acts of terrorism; (v) the threat posed by such transportation to critical infrastructure; (vi) the threshold quantities of particular extremely hazardous materials that pose a serious threat to the public health and safety; and (vii) such other safety or security factors that the Secretary determines appropriate to consider. (2) Consideration of alternate routes.--The Secretary of Homeland Security shall conduct a study to consider the possibility of reducing, through the use of alternate routes involving lower security risks, the security risks posed by the transportation by rail of extremely hazardous materials through or near communities designated as area of concern communities under paragraph (1), except in the case of emergencies or where such alternatives do not exist or are prohibitively expensive. SEC. 3. PRESSURIZED RAILROAD CARS. (a) New Safety Standards.-- (1) Requirement for standards.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall, in consultation with the Secretary of Transportation and the heads of other relevant Federal agencies, prescribe by regulations standards for ensuring the safety and physical integrity of pressurized tank cars that are used in the transportation by rail of extremely hazardous materials. (2) Consideration of specific risks.--In prescribing regulations under paragraph (1), the Secretary of Homeland Security shall consider the risks posed to such pressurized tank cars by acts of terrorism, accidents, severe impacts, and other actions potentially threatening to the structural integrity of the cars or to the safe containment of the materials carried by such cars. (b) Report on Impact Resistance.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall, in consultation with the Secretary of Transportation and the heads of other relevant Federal agencies, submit to the appropriate congressional committees a report on the safety and physical integrity of pressurized tank cars that are used in the transportation by rail of extremely hazardous materials, including with respect to the risks considered under subsection (a)(2). (2) Content.--The report required under paragraph (1) shall include-- (A) the results of a study on the impact resistance of such pressurized tank cars, including a comparison of the relative impact resistance of tank cars manufactured before and after the implementation by the Administrator of the Federal Railroad Administration in 1989 of Federal standards on the impact resistance of such tank cars; and (B) an assessment of whether tank cars manufactured before the implementation of the 1989 impact resistence standards and tank cars manufactured after the implementation of such standards conform with the standards prescribed under subsection (a). SEC. 4. REPORT ON EXTREMELY HAZARDOUS MATERIALS TRANSPORT SAFETY. (a) Requirement for Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall, in consultation with the Secretary of Transportation, submit to the appropriate congressional committees a report on the safety and security of the transportation by rail of extremely hazardous materials, including the threat posed to the security of such transportation by acts of terrorism. (b) Content.--The report required under subsection (a) shall include, in a form that does not compromise national security-- (1) information specifying-- (A) the Federal and State agencies that are responsible for the oversight of the transportation by rail of extremely hazardous materials; and (B) the particular authorities and responsibilities of the heads of each such agency; (2) an assessment of the operational risks associated with the transportation by rail of extremely hazardous materials, with consideration given to the safety and security of the railroad infrastructure in the United States, including railroad bridges and rail switching areas; (3) an assessment of the vulnerability of railroad cars to acts of terrorism while being used to transport extremely hazardous materials; (4) an assessment of the ability of individuals who transport, load, unload, or are otherwise involved in the transportation by rail of extremely hazardous materials or who are responsible for the repair of related equipment and facilities in the event of an emergency, including an incident involving terrorism, to respond to an incident involving terrorism, including an assessment of whether such individuals are adequately trained or prepared to respond to such incidents; (5) a description of the study conducted under section 2(b)(2), including the conclusions reached by the Secretary of Homeland Security as a result of such study and any recommendations of the Secretary for reducing, through the use of alternate routes involving lower security risks, the security risks posed by the transportation by rail of extremely hazardous materials through or near area of concern communities; (6) other recommendations for improving the safety and security of the transportation by rail of extremely hazardous materials; and (7) an analysis of the anticipated economic impact and effect on interstate commerce of the regulations prescribed under this Act. (c) Form.--The report required under subsection (a) shall be in unclassified form, but may contain a classified annex. SEC. 5. WHISTLEBLOWER PROTECTION. (a) In General.--No person involved in the transportation by rail of extremely hazardous materials may be discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against because of any lawful act done by the person-- (1) to provide information, cause information to be provided, or otherwise assist in an investigation regarding any conduct which the person reasonably believes constitutes a violation of any law, rule, or regulation related to the security of shipments of extremely hazardous materials, or any other threat to the security of shipments of extremely hazardous materials, when the information or assistance is provided to or the investigation is conducted by-- (A) a Federal regulatory or law enforcement agency; (B) any Member of Congress or any committee of Congress; or (C) a person with supervisory authority over the person (or such other person who has the authority to investigate, discover, or terminate misconduct); (2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed or about to be filed relating to a violation of any law, rule, or regulation related to the security of shipments of extremely hazardous materials or any other threat to the security of shipments of extremely hazardous materials; or (3) to refuse to violate or assist in the violation of any law, rule, or regulation related to the security of shipments of extremely hazardous materials. (b) Enforcement Action.-- (1) In general.--A person who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief under subsection (c)-- (A) by filing a complaint with the Secretary of Labor; and (B) if the Secretary has not issued a final decision within 180 days after the filing of the complaint and there is no showing that such delay is due to the bad faith of the claimant, by commencing a civil action in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure.-- (A) Complaint to department of labor.--An action under paragraph (1)(A) shall be governed under the rules and procedures set forth in subsection (b) of section 42121 of title 49, United States Code, except that notification made under such subsection shall be made to the person named in the complaint and to the person's employer. (B) Court action.--An action commenced under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in section 42121(b)(2)(B) of title 49, United States Code. (C) Statute of limitations.--An action under paragraph (1) shall be commenced not later than 180 days after the date on which the violation occurs. (c) Remedies.-- (1) In general.--A person prevailing in any action under subsection (b)(1) shall be entitled to all relief necessary to make the person whole. (2) Compensatory damages.--Relief for any action under paragraph (1) shall include-- (A) in the case of a termination of, or other discriminatory act regarding the person's employment-- (i) reinstatement with the same seniority status that the person would have had, but for the discrimination; and (ii) payment of the amount of any back pay, with interest, computed retroactively to the date of the discriminatory act; and (B) compensation for any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. (d) Rights Retained by Person.--Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any person under any Federal or State law, or under any collective bargaining agreement. SEC. 6. CIVIL PENALTIES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prescribe regulations providing for the imposition of civil penalties for violations of-- (1) regulations prescribed under this Act; and (2) the prohibition against discriminatory treatment under section 5(a). SEC. 7. NO FEDERAL PREEMPTION. Nothing in this Act shall be construed as preempting any State law, except that no such law may relieve any person of a requirement otherwise applicable under this Act. SEC. 8. DEFINITIONS. In this Act: (1) Extremely hazardous material.--The term ``extremely hazardous material'' means-- (A) a material that is toxic by inhalation; (B) a material that is extremely flammable; (C) a material that is highly explosive; (D) high-level radioactive waste; and (E) any other material designated by the Secretary of Homeland Security as being extremely hazardous. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives.

Extremely Hazardous Materials Rail Transportation Act of 2005 - Directs the Secretary of Homeland Security to prescribe regulations that coordinate the efforts of Federal, State, and local agencies to prevent terrorist acts and respond to emergencies that may occur in connection with the transportation by rail of extremely hazardous materials. Defines extremely hazardous material as material that is toxic by inhalation, extremely flammable, highly explosive, a high-level radioactive waste, or otherwise designated by the Secretary. Requires the Secretary, in prescribing the regulations, to compile a list of area of concern communities, including those through or near which the rail transportation of extremely hazardous materials poses a serious risk to the public health and safety. Directs the Secretary to prescribe by regulation standards for ensuring the safety and physical integrity of pressurized rail tank cars used to transport extremely hazardous materials. Requires the Secretary to report to Congress on the safety and security of, and the threat posed by acts of terrorism to, the transportation by rail of extremely hazardous materials. Sets forth whistleblower protections for persons involved in the transportation of extremely hazardous materials. Sets forth civil penalties for violations of this Act.

A bill to ensure the safe and secure transportation by rail of extremely hazardous materials.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kinship Care Act of 1997''. SEC. 2. KINSHIP CARE DEMONSTRATION PROJECTS. (a) In General.--Part E of title IV of the Social Security Act (42 U.S.C. 670-679) is amended by inserting after section 477 the following: ``SEC. 478. KINSHIP CARE DEMONSTRATION PROJECTS. ``(a) Purpose.--The purpose of this section is to allow and encourage States to develop effective alternatives to foster care for children who might be eligible for foster care but who have adult relatives who can provide safe and appropriate care for the child. ``(b) Demonstration Authority.--The Secretary may authorize any State to conduct a demonstration project designed to determine whether it is feasible to establish kinship care as an alternative to foster care for a child who-- ``(1) has been removed from home as a result of a judicial determination that continuation in the home would be contrary to the welfare of the child; ``(2) would otherwise be placed in foster care; and ``(3) has adult relatives willing to provide safe and appropriate care for the child. ``(c) Kinship Care Defined.--As used in this section, the term `kinship care' means safe and appropriate care (including long-term care) of a child by 1 or more adult relatives of the child who have legal custody of the child, or physical custody of the child pending transfer to the adult relative of legal custody of the child. ``(d) Project Requirements.--In any demonstration project authorized to be conducted under this section, the State-- ``(1) should examine the provision of alternative financial and service supports to families providing kinship care; and ``(2) shall establish such procedures as may be necessary to assure the safety of children who are placed in kinship care. ``(e) Waiver Authority.--The Secretary may waive compliance with any requirement of this part which (if applied) would prevent a State from carrying out a demonstration project under this section or prevent the State from effectively achieving the purpose of such a project, except that the Secretary may not waive-- ``(1) any provision of section 422(b)(10), section 479, or this section; or ``(2) any provision of this part, to the extent that the waiver would impair the entitlement of any qualified child or family to benefits under a State plan approved under this part. ``(f) Payments to States; Cost Neutrality.--In lieu of any payment under section 473 for expenses incurred by a State during a quarter with respect to a demonstration project authorized to be conducted under this section, the Secretary shall pay to the State an amount equal to the total amount that would be paid to the State for the quarter under this part, in the absence of the project, with respect to the children and families participating in the project. ``(g) Use of Funds.--A State may use funds paid under this section for any purpose related to the provision of services and financial support for families participating in a demonstration project under this section. ``(h) Duration of Project.--A demonstration project under this section may be conducted for not more than 5 years. ``(i) Application.--Any State seeking to conduct a demonstration project under this section shall submit to the Secretary an application, in such form as the Secretary may require, which includes-- ``(1) a description of the proposed project, the geographic area in which the proposed project would be conducted, the children or families who would be served by the proposed project, the procedures to be used to assure the safety of such children, and the services which would be provided by the proposed project (which shall provide, where appropriate, for random assignment of children and families to groups served under the project and to control groups); ``(2) a statement of the period during which the proposed project would be conducted, and how, at the termination of the project, the safety and stability of the children and families who participated in the project will be protected; ``(3) a discussion of the benefits that are expected from the proposed project (compared to a continuation of activities under the State plan approved under this part); ``(4) an estimate of the savings to the State of the proposed project; ``(5) a statement of program requirements for which waivers would be needed to permit the proposed project to be conducted; ``(6) a description of the proposed evaluation design; and ``(7) such additional information as the Secretary may require. ``(j) State Evaluations and Reports.--Each State authorized to conduct a demonstration project under this section shall-- ``(1) obtain an evaluation by an independent contractor of the effectiveness of the project, using an evaluation design approved by the Secretary which provides for-- ``(A) comparison of outcomes for children and families (and groups of children and families) under the project, and such outcomes under the State plan approved under this part, for purposes of assessing the effectiveness of the project in achieving program goals; and ``(B) any other information that the Secretary may require; ``(2) obtain an evaluation by an independent contractor of the effectiveness of the State in assuring the safety of the children participating in the project; and ``(3) provide interim and final evaluation reports to the Secretary, at such times and in such manner as the Secretary may require. ``(k) Report to the Congress.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to the Congress a report that contains the recommendations of the Secretary for changes in law with respect to kinship care and placements.''. (b) Conforming Amendments.--Title IV of the Social Security Act (42 U.S.C. 601 et seq.) is amended (1) in section 422(b)-- (A) by striking the period at the end of the paragraph (9) (as added by section 554(3) of the Improving America's Schools Act of 1994 (Public Law 103-382; 108 Stat. 4057)) and inserting a semicolon; (B) by redesignating paragraph (10) as paragraph (11); and (C) by redesignating paragraph (9), as added by section 202(a)(3) of the Social Security Act Amendments of 1994 (Public Law 103-432, 108 Stat. 4453), as paragraph (10); (2) in sections 424(b), 425(a), and 472(d), by striking ``422(b)(9)'' each place it appears and inserting ``422(b)(10)''; and (3) in section 471(a)-- (A) by striking ``and'' at the end of paragraph (17); (B) by striking the period at the end of paragraph (18) (as added by section 1808(a) of the Small Business Job Protection Act of 1996 (Public Law 104-188; 110 Stat. 1903)) and inserting ``; and''; and (C) by redesignating paragraph (18) (as added by section 505(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104- 193; 110 Stat. 2278)) as paragraph (19). SEC. 3. NOTICE TO RELATIVE CAREGIVERS. (a) In General.--Section 471(a)(19) of the Social Security Act (42 U.S.C. 671(a)(19), as redesignated by section 1(b)(3)(C), is amended to read as follows: ``(19) provides that the State shall, with respect to an adult relative caregiver for a child-- ``(A) provide that relative caregiver with notice of, and an opportunity to be heard in, any dispositional hearing or administrative review held with respect to the child; and ``(B) give preference to that relative caregiver over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards, and that placement with the relative caregiver would be consistent with the safety needs of the child.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on October 1, 1997.

Kinship Care Act of 1997 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to authorize States to conduct demonstration projects to determine whether it is feasible to establish kinship care as an alternative to foster care for a child who has been removed from home and would otherwise be placed in foster care, but has adult relatives willing to provide safe and appropriate care for the child. Requires the State to: (1) provide the adult relative caregiver for a child with notice of, and an opportunity to be heard in, any dispositional hearing or administrative review held with respect to the child; and (2) give preference to that relative caregiver over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards, and that placement with the relative caregiver would be consistent with the child's safety needs.

Kinship Care Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Airplane Revitalization Act of 2013''. SEC. 2. FINDINGS. Congress makes the following findings: (1) A healthy small aircraft industry is integral to economic growth and to maintaining an effective transportation infrastructure for communities and countries around the world. (2) Small airplanes comprise nearly 90 percent of general aviation aircraft certified by the Federal Aviation Administration. (3) General aviation provides for the cultivation of a workforce of engineers, manufacturing and maintenance professionals, and pilots who secure the economic success and defense of the United States. (4) General aviation contributes to well-paying jobs in the manufacturing and technology sectors in the United States and products produced by those sectors are exported in great numbers. (5) Technology developed and proven in general aviation aids in the success and safety of all sectors of aviation and scientific competence. (6) The average small airplane in the United States is now 40 years old and the regulatory barriers to bringing new designs to the market are resulting in a lack of innovation and investment in small airplane design. (7) Since 2003, the United States lost 10,000 active private pilots per year on average, partially due to a lack of cost- effective, new small airplanes. (8) General aviation safety can be improved by modernizing and revamping the regulations relating to small airplanes to clear the path for technology adoption and cost-effective means to retrofit the existing fleet with new safety technologies. SEC. 3. SAFETY AND REGULATORY IMPROVEMENTS FOR GENERAL AVIATION. (a) In General.--Not later than December 15, 2015, the Administrator of the Federal Aviation Administration shall issue a final rule-- (1) to advance the safety and continued development of small airplanes by reorganizing the certification requirements for such airplanes under part 23 to streamline the approval of safety advancements; and (2) that meets the objectives described in subsection (b). (b) Objectives Described.--The objectives described in this subsection are based on the recommendations of the Part 23 Reorganization Aviation Rulemaking Committee: (1) The establishment of a regulatory regime for small airplanes that will improve safety and reduce the regulatory cost burden for the Federal Aviation Administration and the aviation industry. (2) The establishment of broad, outcome-driven safety objectives that will spur innovation and technology adoption. (3) The replacement of current, prescriptive requirements under part 23 with performance-based regulations. (4) The use of consensus standards accepted by the Federal Aviation Administration to clarify how the safety objectives of part 23 may be met using specific designs and technologies. (c) Consensus-Based Standards.--In prescribing regulations under this section, the Administrator shall use consensus standards, as described in section 12(d) of the National Technology Transfer and Advancement Act of 1996 (15 U.S.C. 272 note), to the extent practicable while continuing traditional methods for meeting part 23. (d) Safety Cooperation.--The Administrator shall lead the effort to improve general aviation safety by working with leading aviation regulators to assist them in adopting a complementary regulatory approach for small airplanes. (e) Definitions.--In this section: (1) Consensus standards.-- (A) In general.--The term ``consensus standards'' means standards developed by an organization described in subparagraph (B) that may include provisions requiring that owners of relevant intellectual property have agreed to make that intellectual property available on a nondiscriminatory, royalty-free, or reasonable royalty basis to all interested persons. (B) Organizations described.--An organization described in this subparagraph is a domestic or international organization that-- (i) plans, develops, establishes, or coordinates, through a process based on consensus and using agreed-upon procedures, voluntary standards; and (ii) operates in a transparent manner, considers a balanced set of interests with respect to such standards, and provides for due process and an appeals process with respect to such standards. (2) Part 23.--The term ``part 23'' means part 23 of title 14, Code of Federal Regulations. (3) Part 23 reorganization aviation rulemaking committee.--The term ``Part 23 Reorganization Aviation Rulemaking Committee'' means the aviation rulemaking committee established by the Federal Aviation Administration in August 2011 to consider the reorganization of the regulations under part 23. (4) Small airplane.--The term ``small airplane'' means an airplane which is certified to part 23 standards. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since it was passed by the Senate on October 4, 2013. Small Airplane Revitalization Act of 2013 - Directs the Administrator of the Federal Aviation Administration (FAA) to issue a final rule to advance the safety and continued development of small airplanes by reorganizing the certification requirements to streamline the approval of safety advancements. Requires the final rule to meet certain consensus-based standards and FAA Part 23 Reorganization Aviation Rulemaking Committee objectives, including: (1) establishment of a regulatory regime for small airplane safety; (2) the establishment of broad, outcome-driven objectives that will spur small plane innovation and technology adoption; (3) the replacement of current, prescriptive requirements under Part 23 with performance-based regulations; and (4) the use of FAA-accepted consensus standards to clarify how Part 23 safety objectives may be met using specific small plane safety designs and technologies.

Small Airplane Revitalization Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drone Innovation Act of 2017''. SEC. 2. DEFINITIONS. In this Act the following definitions apply: (1) Civil aircraft.--The term ``civil aircraft'', with respect to an unmanned aircraft system, means that the unmanned aircraft is not a public aircraft as defined in section 40102 of title 49, United States Code. (2) Local government.--The term ``local government'' means a unit of government that is a subdivision of a State, such as city, county, or parish. (3) Local operation.--The terms ``local operation'' and ``local in nature'' refer to flights or portions of civil unmanned aircraft that occur in airspace-- (A) up to 200 feet above ground level; and (B) the lateral boundaries of a State, local, or Tribal government's jurisdiction. (4) Small unmanned aircraft.--The term ``small unmanned aircraft'' has the same meaning as such term is defined in section 331(6) of the FAA Reform and Modernization Act of 2012. (5) State.--The term ``State'' means each of the several States, the District of Columbia, and the territories and possessions of the United States. (6) Tribal government.--The term ``Tribal Government'' means the governing body of an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). SEC. 3. CIVIL UNMANNED AIRCRAFT POLICY FRAMEWORK. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation shall, after consultation with State, local, and Tribal officials, and other appropriate stakeholders, publish a civil unmanned aircraft local operation policy framework in the Federal Register. (b) Contents.--The policy framework required pursuant to subsection (a) shall-- (1) provide guidelines to aid States, local, and Tribal governments in harmonizing and, to the degree possible, standardizing reasonable time, manner, and place limitations and other restrictions on operations of civil and small unmanned aircraft that are local in nature; (2) take into account the economic and non-economic benefits, such as civic or educational uses, of small or civil unmanned aircraft operations; (3) provide guidelines to aid States, local, and Tribal governments in creating an environment that is hospitable to innovation and fosters the rapid integration of unmanned aircraft into the national airspace system; and (4) aid States, local, and Tribal governments in adopting technologies, such as unmanned traffic management systems, that will enable notification to operators regarding reasonable time, manner, and place limitations on operations of civil and small unmanned aircraft that are local in nature. (c) Analysis.--In crafting the policy framework and in prescribing any future regulations or standards related to civil unmanned aircraft systems, the Secretary of Transportation shall define the scope of the preemptive effect of any civil unmanned aircraft regulations or standards pursuant to section 40103 or 41713 of title 49, United States Code. Such regulations or standards shall be limited to the extent necessary to ensure the safety and efficiency of the national airspace system for interstate commerce, and shall preserve the legitimate interests of State, local, and Tribal governments, including-- (1) protecting public safety; (2) protecting personal privacy; (3) protecting property rights; (4) managing land use; and (5) restricting nuisances and noise pollution. (d) Limitations.--In formulating and implementing the policy framework required pursuant to subsection (a) and any future regulations, policies or standards related to civil unmanned aircraft systems, the Secretary shall abide by and be guided by the following fundamental principles: (1) Any limitation on small or civil unmanned aircraft should be consistent with maintaining the safe use of the navigable airspace and the legitimate interests of State, local, and Tribal governments. (2) Innovation and competition are best served by a diverse and competitive small and civil unmanned aircraft systems industry. (3) Any limitation on small or civil unmanned aircraft should not create an unreasonable burden on interstate or foreign commerce. (4) The operation of small and civil unmanned aircraft systems that are local in nature have more in common with terrestrial transportation than traditional aviation. (5) As it relates to the time, manner, and place of unmanned aircraft local operations, and the need to foster innovation, States, local, and Tribal governments uniquely possess the constitutional authority, the resources, and the competence to discern the sentiments of the people and to govern accordingly. (6) Relying upon technology solutions, such as unmanned traffic management, provided by private industry, will effectively solve policy challenges. (7) State, local and Tribal officials are best positioned to make judgments and issue dynamic limitations around events, including, fires, accidents and other first responder activity, public gatherings, community events, pedestrian thoroughfares, recreational activities, cultural activities, heritage sites, schools, parks and other inherently local events and locations, which may justify limiting unmanned aircraft activity that is local in nature while balancing the activities or events against the need for innovation. (8) The economic and non-economic benefits, of small and civil unmanned aircraft operations may be best achieved by empowering the State, local, and Tribal governments to create a hospitable environment to welcome innovation. (9) Innovation and competition in the unmanned aircraft industry are best served enabling State, local, and Tribal governments to experiment with a variety of approaches to policies related to unmanned aircraft. (10) The Department of Transportation shall, when making policy related to small or civil unmanned aircraft systems, recognize that problems that are merely common to the State, local, and Tribal governments will not justify Federal action because individual State, local, and Tribal governments, acting individually or together, can effectively deal with such problems and may find and implement more innovation friendly policies than Federal agencies. (11) The Department shall, when making policy related to small or civil unmanned aircraft systems, provide timely information and assistance to State, local, and Tribal governments that will ensure collaboration. SEC. 4. PILOT PROGRAM ON FEDERAL PARTNERSHIPS. (a) In General.--Not later than 9 months after the date of the enactment of this Act, the Secretary of Transportation shall enter into agreements with not less than 20 and not more than 30 State, local, or Tribal governments to establish pilot programs under which the Secretary shall provide technical assistance to such governments in regulating the operation of small and civil unmanned aircraft systems, including through the use of the latest available technologies for unmanned traffic management, notice, authorization, and situational awareness with respect to reasonable time, manner, and place limitations and restrictions pursuant to section 3. (b) Selection.--In selecting among State, local and Tribal governments for purposes of establishing pilot programs under subsection (a), the Secretary shall seek to enter into agreements with-- (1) governments that vary their size and intended approach to regulation of small and civil unmanned aircraft systems; (2) governments that demonstrate a willingness to partner with technology providers and small and civil unmanned aircraft operators; and (3) at least two of each of the following: State governments, county governments, city governments, and Tribal Governments. (c) Unmanned Aircraft Systems Traffic Management System.--The Secretary shall coordinate with the Administrator of the National Aeronautics and Space Administration to ensure that participants in pilot programs established under subsection (a) are consulted in the development of the unmanned aircraft systems traffic management system under section 2208 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114-190, 49 U.S.C. 40101 note) and the pilot program under section (b) of such section. (d) Report Required.--Not later than 18 months after establishment of the pilot programs required by subsection (a), the Secretary shall coordinate with pilot program participants to submit to Congress, and make available to the public, a report identifying best practices for State, local, and Tribal governments to regulate the operation of small and civil unmanned aircraft systems and to collaborate with the Federal Aviation Administration with respect to the regulation of such systems. SEC. 5. PRESERVATION. (a) Rights to Privacy.--In prescribing regulations or standards related to civil or small unmanned aircraft systems, the Secretary shall not authorize the operation of a small or civil unmanned aircraft in airspace local in nature above property where there is a reasonable expectation of privacy without permission of the property owner. (b) Causes of Action, Claims, and Remedies.-- (1) In general.--Nothing in this section shall be construed to preempt, displace, or supplant any Federal, State, or Tribal common law rights or any Federal, State, or Tribal statute or common law right creating a remedy for civil relief, including those for civil damages, or a penalty for a criminal law. (2) Cause of actions upheld.--Nothing in this section shall preempt or preclude any cause of action for personal injury, wrongful death, property damage, inverse condemnation, trespass, nuisance or other injury based on negligence, strict liability, products liability, failure to warn, or any other legal theory of liability under any maritime law, or any Federal, State, or Tribal common law or statutory theory, except that no cause of action, claim or remedy may be made solely because of the transit of an unmanned aircraft through airspace local in nature over private property in the absence of proof that such transit substantially interfered with the owner or lessee's use or enjoyment of the property or repeatedly transited the airspace local in nature above the owner's property. (c) Private Airspace.--Notwithstanding any other provision of law, the Secretary shall not issue any rule or regulation that impedes or operates contrary to the authority of a State, local, or Tribal government to define private property rights as it applies to unmanned aircraft in the airspace above property that is local in nature. (d) Rights to Operate.--A State or local government may not unreasonably or substantially impede the ability of a civil unmanned aircraft, from reaching the navigable airspace. Unreasonable or substantial impeding of a civil unmanned aircraft from reaching the navigable airspace includes-- (1) outright bans on overflights of the entirety of the lateral boundaries of a State or local government's jurisdiction; (2) excessively large prohibitions on overflights of areas of local significance such that access to airspace is so impeded as to make flight within the lateral boundaries of a State or local government's jurisdiction nearly impossible; and (3) a combination of restrictions intended to unreasonably impede or having the practical effect of unreasonably impeding the ability of a civil unmanned aircraft from reaching the navigable airspace. (e) Right-of-Way.--Nothing in this section shall be construed to prevent an operator or pilot from operating a small or civil unmanned aircraft over their own property, right of way, easement, lands, or waters. SEC. 6. STATUTORY CONSTRUCTION. (a) Judicial Review.--An action taken by the Secretary of Transportation under any of sections 4XXXW-4XXXY is subject to judicial review as provided under section 46110 of title 49, United States Code. (b) Civil and Criminal Jurisdiction.--Nothing in this Act (including the amendments made by this Act) may be construed to diminish or expand the civil or criminal jurisdiction of-- (1) any Tribal Government relative to any State or local government; or (2) any State or local government relative to any Tribal Government. (c) Limitation.--Nothing in this Act (including the amendments made by this Act) may be construed to-- (1) affect manned aircraft operations or the authority of the Federal Aviation Authority (in this section referred to as ``FAA'') with respect to manned aviation; (2) affect the right of the FAA to take emergency action, including the right to issue temporary flight restrictions; (3) affect the right of the FAA to pursue enforcement action against unsafe unmanned aircraft operators; and (4) affect the right of first responders to access airspace in the event of an emergency.

Drone Innovation Act of 2017 This bill directs the Department of Transportation (DOT) to publish a civil unmanned aircraft (drone) local operation policy framework in the Federal Register. The framework shall provide guidelines to standardize restrictions on the operation of drones and create an environment that encourages innovation and fosters the rapid integration of drones into the national airspace system. DOT shall establish pilot programs to provide technical assistance to governmental entities for regulating the operation of drones. DOT shall not authorize the operation of drones in local airspace above property where there is a reasonable expectation of privacy without the property owner's permission.

Drone Innovation Act of 2017

SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM. (a) Production Certificates.--Additional U.S. Note 5(h) to chapter 91 of the Harmonized Tariff Schedule of the United States is amended-- (1) by amending subparagraphs (i) and (ii) to read as follows: ``(i) In the case of each of calendar years 2002 through 2015, the Secretaries jointly, shall-- ``(A) verify-- ``(1) the wages paid in the preceding calendar year by each producer (including the value of usual and customary fringe benefits)-- ``(I) to permanent residents of the insular possessions; and ``(II) to workers providing training in the insular possessions in the production or manufacture of watch movements and watches or engaging in such other activities in the insular possessions relating to such production or manufacture as are approved by the Secretaries; and ``(2) the total quantity and value of watches produced in the insular possessions by that producer and imported into the customs territory of the United States; and ``(B) issue to each producer (not later than 60 days after the end of the preceding calendar year) a certificate for the applicable amount. ``(ii) For purposes of subparagraph (i), except as provided in subparagraphs (iii) and (iv), the term `applicable amount' means an amount equal to the sum of-- ``(A) 90 percent of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of the first 300,000 units; plus ``(B) the applicable graduated declining percentage (determined each year by the Secretaries) of the producer's creditable wages (including the value of any usual and customary fringe benefits) on the assembly during the preceding calendar year of units in excess of 300,000 but not in excess of 750,000; plus ``(C) the difference between the duties that would have been due on the producer's watches (excluding digital watches) imported into the customs territory of the United States during the preceding calendar year if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect on January 1, 2001, and the duties that would have been due on the watches if the watches had been subject to duty at the rates set forth in column 1 under this chapter that were in effect for such preceding calendar year.''; and (2) by amending subparagraph (v) to read as follows: ``(v)(A) Any certificate issued under subparagraph (i) shall entitle the certificate holder to secure a refund of duties equal to the face value of the certificate on watches, watch movements, and articles of jewelry provided for in heading 7113 that are imported into the customs territory of the United States by the certificate holder. Such refunds shall be made under regulations issued by the Treasury Department. Not more than 5 percent of such refunds may be retained as a reimbursement to the Customs Service for the administrative costs of making the refunds. If the Secretary of the Treasury determines that there is an insufficient level of duties from watch and watch-related tariffs, the Secretary may authorize refunds of duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate. ``(B) At the election of the certificate holder and upon making the certification described in this clause, the Secretary of the Treasury shall pay directly to the certificate holder the face value of the certificate, less the value of-- ``(1) any duty refund previously claimed by the holder under the certificate, and ``(2) a discount of not more than 2 percent of the face value of the certificate, as determined by the Secretary of the Treasury. ``(C) Direct payments under clause (B) shall be made under regulations issued by the Secretary of the Treasury. Such regulations shall assure that a certificate holder is required to provide only the minimum documentation necessary to support an application for direct payment. A certificate holder shall not be eligible for direct payment under clause (B) unless the certificate holder certifies to the Secretaries that the funds received will be reinvested or utilized to support and continue employment in the Virgin Islands. ``(D) The Secretary of the Treasury is authorized to make the payments provided for in clause (B) from duties collected on watches, watch movements, and parts therefor. If such duties are insufficient, the Secretary of the Treasury is authorized to make the payments from duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate.''. (b) Jewelry.--Additional U.S. Note 3 to chapter 71 of the Harmonized Tariff Schedule of the United States is amended-- (1) by redesignating paragraphs (b), (c), (d), and (e) as paragraphs (c), (d), (e), and (f), respectively; (2) by inserting after paragraph (a) the following new paragraph: ``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B) to chapter 91 shall not apply to articles of jewelry subject to this note.''; and (3) by striking paragraph (f), as so redesignated, and inserting the following: ``(f) Notwithstanding any other provision of law, any article of jewelry provided for in heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa by a jewelry manufacturer or jewelry assembler that commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa after August 9, 2001, shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule if such article is entered no later than 18 months after such jewelry manufacturer or jewelry assembler commenced jewelry manufacturing or jewelry assembly operations in the Virgin Islands, Guam, or American Samoa.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to goods imported into the customs territory of the United States on or after January 1, 2002.

Amends the Harmonized Tariff Schedule of the United States to extend through 2015 the Production Incentive Certificate program (PIC), which reimburses watch and jewelry producers in the U.S. Virgin Islands, Guam, and American Samoa ("insular possessions") for import duties. Includes fringe benefits in determining verified creditable wages, which are used for calculations to determine refund totals.Includes in the reimbursement to producers of watches in the insular possessions, the difference between the amount that would have been due on a producer's non-digital watches during the preceding year under duty rates existing on January 1, 2001, and the amount due under the actual duty rates of that preceding calendar year.Authorizes the Secretary of the Treasury to: (1) make PIC payments from duties on jewelry or other products as needed (presently PIC payments are funded by watch duties); and (2) directly reimburse all producers. Eliminates the 750,000 unit per producer limit for jewelry products of the insular possessions, while retaining the overall unit and dollar value limits for the PIC program.Revises certain requirements for duty-free treatment of articles of jewelry as products of the insular possessions. Requires treatment as such a product if the article of jewelry is: (1) assembled in an insular possession by a jewelry manufacturer or jewelry assembler that commenced manufacturing or assembly in such territory after August 9, 2001; and (2) entered into the United States within 18 months after the manufacturer or assembler commenced operations.

A bill entitled "The Production Incentive Certificate Program Revision Act".

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Teacher Loan Forgiveness for Military Spouses Act of 2017''. SEC. 2. CONTINUING ELIGIBILITY TO PARTICIPATE IN STUDENT LOAN FORGIVENESS OR LOAN CANCELLATION PROGRAM FOR TEACHERS WHOSE PERIOD OF CONSECUTIVE EMPLOYMENT IS INTERRUPTED BECAUSE OF MILITARY ORDERS REQUIRING SPOUSE TO RELOCATE TO NEW RESIDENCE. (a) Continuing Eligibility.-- (1) Part b loans.--Section 428J(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-10(g)) is amended by adding at the end the following new paragraph: ``(4) Continuing eligibility for certain military spouses.-- ``(A) In general.--Notwithstanding paragraph (1) of subsection (b), an individual who is employed as a full-time teacher for 5 complete years which are not consecutive years may be eligible for loan forgiveness pursuant to such subsection if the individual was a qualified military spouse with respect to any year during which the individual was not employed as a full- time teacher. ``(B) Qualified military spouse defined.--In this paragraph, the term `qualified military spouse' means, with respect to a year, an individual who-- ``(i) during the previous year, served as a teacher in a school or location meeting the requirements of subparagraph (A) of subsection (b)(1) and met the requirements of subparagraph (B) of subsection (b)(1); ``(ii) is the spouse of a member of the Armed Forces who is relocated during the year pursuant to military orders for a permanent change of duty station; ``(iii) did not serve as a teacher in a school or location meeting the requirements of subparagraph (A) of subsection (b)(1) during the year or any portion of the year because the individual accompanied the spouse to a new residence as a result of such military orders; and ``(iv) during the following year, resumed service as a teacher in a school or location meeting the requirements of subparagraph (A) of subsection (b)(1) and met the requirements of subparagraph (B) of subsection (b)(1). ``(C) Reports to congress.--Not later than 90 days after the end of the second academic year during which this paragraph is in effect, and every 2 years thereafter, the Secretary shall submit to Congress a report describing the number of individuals who, as a result of this paragraph, remained eligible for loan forgiveness pursuant to subsection (b) during the 2 most recent academic years.''. (2) Part d loans.--Section 460(g) of the Higher Education Act of 1965 (20 U.S.C. 1087j(g)) is amended by adding at the end the following new paragraph: ``(4) Continuing eligibility for certain military spouses.-- ``(A) In general.--Notwithstanding paragraph (1) of subsection (b), an individual who is employed as a full-time teacher for 5 complete years which are not consecutive years may be eligible for loan cancellation pursuant to such subsection if the individual was a qualified military spouse with respect to any year during which the individual was not employed as a full- time teacher. ``(B) Qualified military spouse defined.--In this paragraph, the term `qualified military spouse' means, with respect to a year, an individual who-- ``(i) during the previous year, served as a teacher in a school or location meeting the requirements of subparagraph (A) of subsection (b)(1) and met the requirements of subparagraph (B) of subsection (b)(1); ``(ii) is the spouse of a member of the Armed Forces who is relocated during the year pursuant to military orders for a permanent change of duty station; ``(iii) did not serve as a teacher in a school or location meeting the requirements of subparagraph (A) of subsection (b)(1) during the year or any portion of the year because the individual accompanied the spouse to a new residence as a result of such military orders; and ``(iv) during the following year, resumed service as a teacher in a school or location meeting the requirements of subparagraph (A) of subsection (b)(1) and met the requirements of subparagraph (B) of subsection (b)(1). ``(C) Reports to congress.--Not later than 90 days after the end of the second academic year during which this paragraph is in effect, and every 2 years thereafter, the Secretary shall submit to Congress a report describing the number of individuals who, as a result of this paragraph, remained eligible for loan cancellation pursuant to subsection (b) during the 2 most recent academic years.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to individuals who first become employed as full- time teachers on or after the date of the enactment of this Act.

Preserving Teacher Loan Forgiveness for Military Spouses Act of 2017 This bill amends the Higher Education Act of 1965 to modify the qualifying service requirement of the teacher loan forgiveness program for certain military spouses who are borrowers under the Federal Family Education Loan program or the William D. Ford Federal Direct Loan program. Under current law, an otherwise qualified full-time teacher must complete five consecutive years of service to be eligible for the teacher loan forgiveness program. This bill permits a teacher who completes five full-time years of non-consecutive service to be eligible for loan forgiveness if the teacher was a qualified military spouse during a break in teaching service. A qualified military spouse is an individual who: (1) is a highly-qualified teacher at a high-need school, (2) is the spouse of a servicemember, (3) experienced a break in teaching service to relocate with servicemember spouse pursuant to military orders, and (4) resumed teaching the following year.

Preserving Teacher Loan Forgiveness for Military Spouses Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Norman Y. Mineta Research and Special Programs Improvement Act''. SEC. 2. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION. (a) In General.--Section 108 of title 49, United States Code, is amended to read as follows: ``Sec. 108. Pipeline and Hazardous Materials Safety Administration ``(a) In General.--The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation. ``(b) Safety as Highest Priority.--In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation. ``(c) Administrator.--The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation. ``(d) Deputy Administrator.--The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. ``(e) Chief Safety Officer.--The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. ``(f) Duties and Powers of the Administrator.--The Administrator shall carry out-- ``(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and ``(2) other duties and powers prescribed by the Secretary. ``(g) Limitation.--A duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.''. (b) Transfer of Duties and Powers of Research and Special Programs Administration.--The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration. (c) Conforming Amendments.-- (1) Chapter analysis.--The analysis for chapter 1 of title 49, United States Code, is amended by striking the item relating to section 108 and inserting the following: ``108. Pipeline and Hazardous Materials Safety Administration.''. (2) DOT inspectors.--Section 5118(b)(3)(A) of title 49, United States Code, is amended by striking ``Research and Special Programs Administration'' and inserting ``Pipeline and Hazardous Materials Safety Administration''. (3) NTSB safety recommendations.--Section 19(a) of the Pipeline Safety Improvement Act of 2002 (49 U.S.C 1135 note; 116 Stat. 3009) is amended by striking ``Research and Special Program Administration'' and inserting ``Pipeline and Hazardous Materials Safety Administration''. (4) National maritime enhancements institutes.--Section 8(f)(2) of Public Law 101-115 (46 U.S.C. App. 1121-2(f)(2)) is amended by striking ``Research and Special Programs Administration'' and inserting ``Research and Innovative Technology Administration''. (5) Oil pollution research and development program.--Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C. 2761) is amended-- (A) in subsection (a)(3) by striking ``Research and Special Projects Administration'' and inserting ``Pipeline and Hazardous Materials Safety Administration''; and (B) in subsection (c)(11) by striking ``Research and Special Programs Administration'' and inserting ``Pipeline and Hazardous Materials Safety Administration''. (6) Penalties.--Section 844(g)(2)(B) of title 18, United State Code, is amended by striking ``Research and Special Projects Administration'' and inserting ``Pipeline and Hazardous Materials Safety Administration''. (d) Executive Schedule Pay Rate.--Section 5314 of title 5, United States Code, is amended by adding at the end the following: ``Administrator, Pipeline and Hazardous Materials Safety Administration.''. SEC. 3. BUREAU OF TRANSPORTATION STATISTICS. (a) Establishment.--Section 111(a) of title 49, United States Code, is amended by striking ``in the Department of Transportation'' and inserting ``in the Research and Innovative Technology Administration''. (b) Appointment of Director.--Section 111(b) of title 49, United States Code, is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) Appointment.--The Bureau shall be headed by a Director who shall be appointed in the competitive service by the Secretary.''; and (2) by striking paragraphs (3) and (4). (c) Executive Schedule Pay Rate.--Section 5316 of title 5, United States Code, is amended by striking the undesignated paragraph relating to the Director, Bureau of Transportation Statistics. SEC. 4. RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION. (a) In General.--Section 112 of title 49, United States Code, is amended-- (1) by striking the section heading and inserting the following: ``Sec. 112. Research and Innovative Technology Administration''; (2) by striking subsection (a) and inserting the following: ``(a) Establishment.--The Research and Innovative Technology Administration shall be an administration in the Department of Transportation.''; (3) by striking subsection (d) and inserting the following: ``(d) Powers and Duties of the Administrator.--The Administrator shall carry out-- ``(1) powers and duties prescribed by the Secretary for-- ``(A) coordination, facilitation, and review of the Department's research and development programs and activities; ``(B) advancement, and research and development, of innovative technologies, including intelligent transportation systems; ``(C) comprehensive transportation statistics research, analysis, and reporting; ``(D) education and training in transportation and transportation-related fields; and ``(E) activities of the Volpe National Transportation Center; and ``(2) other powers and duties prescribed by the Secretary.''; and (4) by striking subsection (e). (b) Clarification.-- (1) In general.--Nothing in this Act shall grant any authority to the Research and Innovative Technology Administration over research and other programs, activities, standards, or regulations administered by the Secretary of Transportation through the National Highway Traffic Safety Administration. (2) Applicability.--Paragraph (1) shall not apply to the research and other programs, activities, standards, or regulations provided for in highway and traffic safety programs, administered by the Secretary through the National Highway Traffic Safety Administration, in title 23, United States Code, and chapter 303 of title 49, United States Code, as in effect on the date of enactment of this Act. (c) Office of Intermodalism.--Section 5503(a) of title 49, United States Code, is amended to read as follows: ``(a) Establishment.--There is established in the Research and Innovative Technology Administration an Office of Intermodalism.''. (d) Transfer of Powers and Duties of Research and Special Programs Administration.--The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration. (e) Conforming Amendment.--The analysis for chapter 1 of title 49, United States Code, is amended by striking the item relating to section 112 and inserting the following: ``112. Research and Innovative Technology Administration.''. (f) Executive Schedule Pay Rate.--Section 5314 of title 5, United States Code, is amended by striking the undesignated paragraph relating to the Administrator, Research and Special Programs Administration and inserting the following: ``Administrator, Research and Innovative Technology Administration.''. (g) Report.-- (1) In general.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Research and Innovative Technology Administration shall submit to the Committee on Transportation and Infrastructure and the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the research activities of the Department of Transportation. (2) Contents.--The report shall include-- (A) a summary of the mission and strategic goals of the Administration; (B) a prioritized list of the research and development activities that the Department intends to pursue over the next 5 years; (C) a description of the primary purposes for conducting such research and development activities, such as reducing traffic congestion, improving mobility, and promoting safety; (D) an estimate of the funding levels needed to implement such research and development activities for the current fiscal year; and (E) any additional information the Administrator considers appropriate. (3) Development.--In developing the report, the Administrator shall-- (A) solicit input from a wide range of stakeholders; (B) take into account how the research and development activities of other Federal, State, private sector, and not- for-profit institutions contribute to the achievement of the purposes identified under paragraph (2)(C); and (C) address methods to avoid unnecessary duplication of efforts in achieving such purposes. SEC. 5. SAVINGS PROVISIONS. (a) Transfer of Assets and Personnel.--Personnel, property, and records employed, used, held, available, or to be made available in connection with functions transferred within the Department of Transportation by this Act shall be transferred for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds (including funds of any predecessor entity) shall also be transferred accordingly. (b) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law. (c) Proceedings.--The provisions of this Act shall not affect any proceedings, including administrative enforcement actions, pending before this Act takes effect, insofar as those functions are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall proceed in accordance with applicable law and regulations. Nothing in this subsection shall be deemed to prohibit the conclusion or modification of any proceeding described in this subsection under the same terms and conditions and to the same extent that such proceeding could have been concluded or modified if this Act had not been enacted. The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings. (d) Suits.-- (1) In general.--This Act shall not affect suits commenced before the date of enactment of this Act, except as provided in paragraphs (2) and (3). 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 Act had not been enacted. (2) Suits by or against department.--Any suit by or against the Department begun before the date of enactment of this Act, shall proceed in accordance with applicable law and regulations, insofar as it involves a function retained and transferred under this Act. (3) Procedures for remanded cases.--If the court in a suit described in paragraph (1) remands a case, subsequent proceedings related to such case shall proceed under procedures that are in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings. (e) Continuance of Actions Against Officers.--No suit, action, or other proceeding commenced by or against any officer in his or her official capacity shall abate by reason of the enactment of this Act. (f) Exercise of Authorities.--An officer or employee of the Department, for purposes of performing a function transferred by this Act, may exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function by this Act. (g) References.--A reference relating to an agency, officer, or employee affected by this Act in any Federal law, Executive order, rule, regulation, or delegation of authority, or in any document pertaining to an officer or employee, is deemed to refer, as appropriate, to the agency, officer, or employee who succeeds to the functions transferred by this Act. (h) Definition.--In this section, the term ``this Act'' includes the amendments made by this Act. SEC. 6. REPORTS. (a) Reports by the Inspector General.--Not later than 30 days after the date of enactment of this Act, the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration a report containing the following: (1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented. (2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety. (b) Reports by the Secretary.-- (1) Statutory mandates.--Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates. (2) NTSB and inspector general recommendations.--Not later than January 1st of each year, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing each recommendation referred to in subsection (a)(2) and a copy of the Department of Transportation response to each such recommendation. SEC. 7. DEADLINE FOR TRANSFERS. The Secretary shall provide for the orderly transfer of duties and powers under this Act, including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Norman Y. Mineta Research and Special Programs Reorganization Act - (Sec. 2) Amends Federal transportation law to establish the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the Department of Transportation (DOT), headed by an Administrator with professional experience in pipeline safety, hazardous materials safety, or other transportation safety, appointed by the President, by and with the advice and consent of the Senate. Provides for a Deputy Administrator, appointed by the Secretary of Transportation, and an Assistant Administrator for Pipeline and Hazardous Materials Safety (who shall also be the Chief Safety Officer), appointed in the competitive service by the Secretary. (Sec. 3) Transfers the Bureau of Transportation Statistics (BTS) to the Research and Innovative Technology Administration (established by this Act). Requires the BTS Director to be appointed in the competitive service by the Secretary, instead (as currently) by the President, by and with the advice and consent of the Senate. (Sec. 4) Replaces the Research and Special Programs Administration (RSPA) with the Research and Innovative Technology Administration (RITA), which shall be headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Transfers the powers and duties of the RSPA Administrator to the RITA Administrator. Directs the Administrator to carry out the responsibilities of the Secretary for: (1) coordination, facilitation, and review of DOT research and development programs and activities; (2) advancement of innovative technologies, including intelligent transportation systems projects and products; (3) comprehensive transportation statistics research, analysis, and reporting; (4) education and training in transportation and transportation-related fields; and (5) activities of the Volpe National Transportation Center. Declares that nothing in this Act shall grant any authority to RITA over research and other programs, activities, standards, or regulations administered by the Secretary through the National Highway Traffic Safety Administration, except those provided for in highway and traffic safety programs administered under specified Federal law pertaining to highways and the National Driver Register, as in effect on the date of enactment of this Act. Establishes in RITA an Office of Intermodalism. Directs the Administrator of RITA to report to Congress on DOT research activities. Requires the Administrator, in developing the report, to: (1) solicit input from a wide range of stakeholders; (2) take into account how the research and development activities of other Federal, State, private sector, and not-for-profit institutions contribute to reducing traffic congestion, improving mobility, and promoting safety; and (3) address methods to avoid unnecessary duplication of efforts in achieving such purposes. (Sec. 6) Directs the DOT Inspector General to report to the Secretary and the PHMSA Administrator a list of: (1) each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented; and (2) each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety. Directs the Secretary to report to Congress on the specific actions taken to implement such mandates. Requires the Secretary to report annually to Congress on each open safety recommendation and the DOT response. (Sec. 7) Directs the Secretary to provide for the orderly transfer of duties and powers under this Act by 90 days after its enactment.

To amend title 49, United States Code, to provide the Department of Transportation a more focused research organization with an emphasis on innovative technology, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Legal Immigrants Act of 1999''. SEC. 2. OPTIONAL ELIGIBILITY OF CERTAIN ALIEN PREGNANT WOMEN AND CHILDREN FOR MEDICAID. (a) In General.--Subtitle A of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611-1614) is amended by adding at the end the following: ``SEC. 405. OPTIONAL ELIGIBILITY OF CERTAIN ALIENS FOR MEDICAID. ``(a) Optional Medicaid Eligibility for Certain Aliens.--A State may elect to waive (through an amendment to its State plan under title XIX of the Social Security Act) the application of sections 401(a), 402(b), 403, and 421 with respect to eligibility for medical assistance under the program defined in section 402(b)(3)(C) (relating to the Medicaid Program) of aliens who are lawfully residing in the United States (including battered aliens described in section 431(c)), within any or all (or any combination) of the following categories of individuals: ``(1) Pregnant women.--Women during pregnancy (and during the 60-day period beginning on the last day of the pregnancy). ``(2) Children.--Children (as defined under such plan), including optional targeted low-income children described in section 1905(u)(2)(B).''. (b) Applicability of Affidavits of Support.--Section 213A(a) of the Immigration and Nationality Act (8 U.S.C. 1183a(a)) is amended by adding at the end the following: ``(4) Inapplicability to benefits provided under a state waiver.--For purposes of this section, the term `means-tested public benefits' does not include benefits provided pursuant to a State election and waiver described in section 405 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.''. (c) Conforming Amendments.-- (1) Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(a)) is amended by inserting ``and section 405'' after ``subsection (b)''. (2) Section 402(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(1)) is amended by inserting ``, section 405,'' after ``403''. (3) Section 403(a) of such Act (8 U.S.C. 1613(a)) is amended by inserting ``section 405 and'' after ``provided in''. (4) Section 421(a) of such Act (8 U.S.C. 1631(a)) is amended by inserting ``except as provided in section 405,'' after ``Notwithstanding any other provision of law,''. (5) Section 1903(v)(1) of the Social Security Act (42 U.S.C. 1396b(v)(1)) is amended by inserting ``and except as permitted under a waiver described in section 405(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,'' after ``paragraph (2),''. (d) Retroactivity of Effective Date.--The amendments made by this section shall take effect as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.), except that the amendment made by subsection (b) shall apply as if included in the enactment of section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208). SEC. 3. OPTIONAL ELIGIBILITY OF IMMIGRANT CHILDREN FOR SCHIP. (a) In General.--Section 405 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as added by section 2(a), is amended-- (1) in the heading, by inserting ``and schip'' before the period; and (2) by adding at the end the following new subsection: ``(b) Optional SCHIP Eligibility for Certain Aliens.-- ``(1) In general.--Subject to paragraph (2), a State may also elect to waive the application of sections 401(a), 402(b), 403, and 421 with respect to eligibility of children for child health assistance under the State child health plan of the State under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), but only with respect to children who are lawfully residing in the United States (including children who are battered aliens described in section 431(c)). ``(2) Requirement for election.--A waiver under this subsection may only be in effect for a period in which the State has in effect an election under subsection (a) with respect to the category of individuals described in subsection (a)(2) (relating to children).''. (b) Effective Date.--The amendment made by subsection (a) applies to child health assistance for coverage provided for periods beginning on or after October 1, 1997. SEC. 4. OPTIONAL ELIGIBILITY OF CERTAIN MEDICALLY NEEDY ALIENS FOR MEDICAID. (a) Optional Eligibility of Certain Aliens Who Are Blind or Disabled Medically Needy Admitted After August 22, 1996.-- (1) In general.--Section 405(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as added by section 2(a), is amended by adding at the end the following: ``(3) Certain blind or disabled medically needy.-- Individuals who are considered blind or disabled under section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a)) and who, but for sections 401(a), 402(b) and 403 (except as waived under this subsection), would be eligible for medical assistance under clause (ii)(IV) of section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)), or would be eligible for such assistance under any other clause of that section of that Act because the individual, if enrolled in the program under title XVI of the Social Security Act, would receive supplemental security income benefits or a State supplementary payment under that title.''. (2) Retroactivity of effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.). (b) Optional Eligibility of Medically Needy Aliens Requiring a Certain Level of Care.-- (1) In general.--Section 405 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as added by section 2(a) and as amended by section 3(a) and subsection (a), is further amended by adding at the end the following new subsection: ``(c) Optional Eligibility for Medically Needy Aliens Requiring a Certain Level of Care.--A State may also elect to waive the application of sections 401(a), 402(b), and 421 with respect to eligibility for medical assistance under the program defined in section 402(b)(3)(C) (relating to the Medicaid Program) of aliens who-- ``(1) were lawfully residing in the United States on August 22, 1996; and ``(2) are residents of a nursing facility (as defined in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)), or require the level of care provided in a such a facility or in an intermediate care facility, the cost of which could be reimbursed under the State plan under title XIX of that Act.''. (2) Effective date.--The amendment made by paragraph (1) shall take effect as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.). SEC. 5. ELIGIBILITY OF CERTAIN ALIENS FOR SSI. (a) Aged Aliens Lawfully Residing in the United States on August 22, 1996.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by adding at the end the following: ``(L) SSI exception for aged aliens lawfully residing in the united states on august 22, 1996.--With respect to eligibility for the program defined in paragraph (3)(A), paragraph (1) shall not apply to any individual who was lawfully residing in the United States on August 22, 1996, and has attained age 65.''. (b) Blind or Disabled Qualified Aliens Who Entered the United States After August 22, 1996.-- (1) In general.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)), as amended by subsection (a), is amended by adding at the end the following: ``(M) SSI exception for blind or disabled qualified aliens who entered the united states after august 22, 1996.--With respect to eligibility for the program defined in paragraph (3)(A), paragraph (1) and section 421 shall not apply to any individual who entered the United States on or after August 22, 1996 with a status within the meaning of the term `qualified alien', and became blind or disabled (within the meaning of section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a))) after the date of such entry.''. (2) Exception from 5-year ban.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)) is amended by adding at the end the following: ``(3) Certain blind or disabled aliens.--An alien described in section 402(a)(2)(M), but only with respect to the programs specified in subsections (a)(3)(A) and (b)(3)(C) of section 402 (and, with respect to such programs, section 421 shall not apply to such an alien).''. (3) Conforming amendment.--Section 421(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(a)), as amended by section 2(c)(4), is amended by inserting ``, section 402(a)(2)(M), and section 403(b)(3)'' after section ``405''. (4) Enforcement of affidavits of support.--For provisions relating to the enforcement of affidavits of support in cases of individuals made eligible for benefits under the amendment made by paragraph (1), see section 213A of the Immigration and Nationality Act (8 U.S.C. 1183a). (c) Effective Date.--The amendments made by subsections (a) and (b) are effective with respect to benefits payable for months after the month in which this Act is enacted, but only on the basis of applications filed on or after the date of enactment of this Act. SEC. 6. ELIGIBILITY OF LEGAL IMMIGRANTS FOR FOOD STAMPS. (a) In General.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)), as amended by section 5(b)(1), is amended by adding at the end the following: ``(N) Food stamp exception for aliens lawfully residing in the united states on august 22, 1996.--With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to an individual who was lawfully residing in the United States on August 22, 1996.''. (b) Effective Date.--The amendment made by subsection (a) applies to benefits under the food stamp program, as defined in section 3(h) of the Food Stamp Act of 1977 (7 U.S.C. 2012(h)) for months beginning at least 30 days after the date of enactment of this Act. SEC. 7. ELIGIBILITY OF LEGAL IMMIGRANTS SUFFERING FROM DOMESTIC ABUSE. (a) Exemption From SSI and Food Stamps Ban.--Section 402(a)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)), as amended by section 6(a), is amended by adding at the end the following: ``(O) Battered immigrants.--With respect to eligibility for benefits for a specified Federal program (as defined in paragraph (3)), paragraph (1) shall not apply to any individual described in section 431(c).''. (b) Exemption From 5-Year Ban.--Section 403(b) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)), as amended by section 5(b)(2), is amended by adding at the end the following: ``(4) Battered immigrants.--An alien described in section 431(c).''. (c) Expansion of Definition of Battered Immigrants.-- (1) In general.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended-- (A) in paragraphs (1)(A), (2)(A), and (3)(A) by inserting `` or the benefits to be provided would alleviate the harm from such battery or cruelty or would enable the alien to avoid such battery or cruelty in the future'' before the semicolon; and (B) in the matter following paragraph (3), by inserting `` and for determining whether the benefits to be provided under a specific Federal, State, or local program would alleviate the harm from such battery or extreme cruelty or would enable the alien to avoid such battery or extreme cruelty in the future'' before the period. (2) Conforming amendment regarding sponsor deeming.-- Section 421(f)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)) is amended-- (A) in subparagraph (A), by inserting ``or would alleviate the harm from such battery or cruelty, or would enable the alien to avoid such battery or cruelty in the future'' before the semicolon; and (B) in subparagraph (B), by inserting ``or would alleviate the harm from such battery or cruelty, or would enable the alien to avoid such battery or cruelty in the future'' before the period. (d) Conforming Definition of ``Family'' Used in Laws Granting Federal Public Benefit Access for Battered Immigrants to State Family Law.--Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(c)) is amended-- (1) in paragraph (1)(A), by striking ``by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty,'' and inserting ``by a spouse, parent, son, or daughter, or by any individual having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian country where the alien resides, or the State or Indian country in which the alien, the alien's child, or the alien child's parents received a protection order, or by any individual against whom the alien could obtain a protection order,''; and (2) in paragraph (2)(A), by striking ``by a spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty,'' and inserting ``by a spouse, parent, son, or daughter of the alien (without the active participation of alien in the battery or cruelty) or by any individual having a relationship with the alien covered by the civil or criminal domestic violence statutes of the State or Indian county where the alien resides, or the State or Indian country in which the alien, the alien's child, or the alien child's parent received a protection order, or by any individual against whom the alien could obtain a protection order,''. (e) Effective Date.--The amendments made by this section apply to Federal means-tested public benefits provided on or after the date of enactment of this Act.

Provides States with the option of extending Medicaid-eligibility to certain lawful resident alien pregnant women and children, as well as the option of extending CHIP-eligibility (SSA title XXI (Children's Health Insurance (CHIP)) to such children. Provides States with the option of extending Medicaid-eligibility to certain blind or disabled or other specified medically needy aliens, such as those who are residents of a nursing facility. Mandates SSI eligibility for certain lawful resident aliens who are aged, blind, or disabled. Exempts certain blind or disabled aliens from the five-year general limitation on the eligibility for qualified aliens for Federal means-tested public benefits that was imposed by such Act. Mandates food stamp program eligibility under the Food Stamp Act of 1977 for certain aliens lawfully residing in the United State on August 22, 1996, who would otherwise be subject to the same five-year general limitation. Exempts certain battered aliens (which under such Act are treated as lawful resident aliens) from disqualification (thereby making them SSI- and food stamp program-eligible). Amends the Immigration and Nationality Act to provide for waiver of affidavit of support requirements for benefits provided through such State elections to extend such optional Medicaid and other described optional public program eligibility to certain lawful resident aliens.

Fairness for Legal Immigrants Act of 1999

SECTION 1. LIFETIME ANNUITY PAYOUTS AND SIMILAR PAYMENTS OF LIFE INSURANCE PROCEEDS AT DATES LATER THAN DEATH TAXED AT CAPITAL GAINS RATES. (a) In General.--Subsection (h) of section 1 of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Net capital gain increased by certain annuity and life insurance payments.-- ``(A) In general.--For purposes of this subsection, the amount (if any) of net capital gain, determined without regard to this paragraph, for any taxable year shall be increased by-- ``(i) the amount received as an annuity under an annuity contract which is includible in income under section 72, and ``(ii) the amount received as a payment of life insurance proceeds at a date later than death which is includible in income under section 101(d). ``(B) Amount received as an annuity under annuity contract.--For purposes of subparagraph (A)(i), an amount is received as an annuity under an annuity contract if such amount is received as an annuity under any portion of an annuity contract and is part of a series of payments made over-- ``(i) the life of the annuitant, ``(ii) the joint lives of 2 or more annuitants, ``(iii) the life of the annuitant with a minimum period of payments certain or with a minimum amount which must be paid in any event, or ``(iv) the joint lives of 2 or more annuitants with a minimum period of payments certain or with a minimum amount which must be paid in any event. ``(C) Amount received as payment of life insurance proceeds at a date later than death.--For purposes of subparagraph (A)(ii), an amount is received as a payment of life insurance proceeds at a date later than death if such amount is part of a series of payments made over-- ``(i) the life of the beneficiary of the life insurance contract, ``(ii) the joint lives of 2 or more beneficiaries of the life insurance contract, ``(iii) the life of the beneficiary of the life insurance contract with a minimum period of payments certain or with a minimum amount which must be paid in any event, or ``(iv) the joint lives of 2 or more beneficiaries of the life insurance contract with a minimum period of payments certain or with a minimum amount which must be paid in any event. ``(D) Exception for deferred compensation plans and retirement plans.--Subparagraphs (A), (B), and (C) shall not apply to amounts received under an eligible deferred compensation plan (as defined in section 457(b)) or under a qualified retirement plan (as defined in section 4974(c)).''. (b) Alternative Minimum Tax.--The last sentence of paragraph (3) of section 55(b) of such Code is amended by inserting ``(including the modification made by paragraph (13) thereof)'' after ``section 1(h)'' the first place it appears. (c) Conforming Amendments.-- (1) Section 72(a) of such Code is amended-- (A) by striking ``Annuities.--Except'' and inserting ``Annuities.-- ``(1) Inclusion in gross income.--Except'', and (B) by adding at the end the following: ``(2) Cross reference.-- ``For taxation at capital gains rates of certain amounts includible in income under this section, see section 1(h)(13).''. (2) Section 101(d) of such Code is amended by adding at the end the following new paragraph: ``(4) Cross reference.-- ``For taxation at capital gains rates of certain amounts includible in income under this subsection, see section 1(h)(13).''. (d) Effective Date.--The amendments made by this section shall apply to amounts received in calendar years beginning after the date of enactment of this Act.

Amends the Internal Revenue Code to tax lifetime annuity payouts and similar payments of life insurance proceeds at dates later than death at capital gains rates.Excludes amounts received under an eligible deferred compensation plan or under a qualified retirement plan.Includes such gains in the calculation of the maximum rate of tax on net capital gains of noncorporate taxpayers when computing the alternative minimum tax.

To amend the Internal Revenue Code of 1986 to encourage guaranteed lifetime income payments from annuities and similar payments of life insurance proceeds at dates later than death by taxing the income portion of such payments at capital gains rates.

SECTION 1. SHORT TITLE. This Act may be cited as the ``United Nations 50th Anniversary Commemorative Coin Act of 1995''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 100,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) 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. (a) Gold.--The Secretary shall obtain gold for minting coins under this Act pursuant to the authority of the Secretary under other provisions of law. (b) Silver.--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-- (A) be emblematic of the United Nations and the ideals for which it stands; and (B) include the 3 opening words of the United Nations Charter--``We the peoples''. (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 the United Nations Association of the United States of America and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality and Mint Facility.--The coins authorized under this Act may be issued in uncirculated and proof qualities and shall be struck at the United States Bullion Depository at West Point. (b) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on June 26, 1995, and ending on December 31, 2002. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $25 per coin for the $5 coin; and (2) $5 per coin for the $1 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 the provisions of 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 United Nations Association of the United States of America for the purpose of assisting with educational activities, such as high school and college Model United Nations programs and other grassroots activities, that highlight the United Nations and the United States' role in that world body. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of United Nations Association of the United States of America 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 whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board.

United Nations 50th Anniversary Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the United Nations, to include the three opening words of the United Nations Charter, "We the peoples." Mandates that all surcharges received from coin sales be paid to the United Nations Association of the United States of America.

United Nations 50th Anniversary Commemorative Coin Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as ``One Church, One Child Act of 2004''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Many States are facing serious shortages of qualified foster parents and qualified adoptive parents. (2) A 2002 report by the National Conference of State Legislatures found that, while the number of children in foster care increased by 68 percent between 1984 and 1995, the number of foster parents decreased by 4 percent during the same period. (3) The shortage of adoptive parents is equally dire--while only 50,000 children were adopted out of foster care in 2001, as many as 126,000 children were awaiting adoption. On average, each of these waiting children had been in foster care for 44 months. (4) The rapid increase in the annual number of adoptions from foster care since the enactment of the Adoption and Safe Families Act of 1997 has created a growing need for post- adoption services and for service providers with the knowledge and skills required to address the unique issues adoptive families and children may face. (5) One Church, One Child is a national faith and community-based foster care and adoption ministry established in Chicago, Illinois, in 1980 by Father George Clements, whose mission is to provide comprehensive services that promote the well-being of at-risk children and the strengthening and empowerment of adoptive, foster, and kinship families. Since its formation, the organization and programs based on its model have successfully placed more than 140,000 children in adoptive families nationwide. (6) Despite its success as a model for providing recruitment, training, and support services for certified foster and adoptive parents, One Church, One Child programs and programs based on this concept have received limited federal funding. (7) The creation of a federally-funded grant program to support the establishment and expansion of programs for the recruitment of foster parents and adoptive parents which are modeled on the One Church, One Child concept will benefit the Nation's abused and neglected children by increasing the pool of qualified adoptive parents and qualified foster parents. SEC. 3. ONE CHURCH, ONE CHILD GRANTS. Part E of title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by adding at the end the following: ``SEC. 479B. ONE CHURCH, ONE CHILD GRANTS. ``(a) Competitive Grants to Eligible Entities to Conduct One Church, One Child Foster Parent and Adoption Parent Recruitment Programs.-- ``(1) Grant authority.-- ``(A) In general.--The Secretary shall make grants, on a competitive basis, to eligible entities to support the establishment or expansion of programs that use networks of public, private and faith-based organizations to recruit and train qualified foster parents and qualified adoptive parents and provide support services to adoptive and foster children and their families. ``(B) Eligible entity.--In this section, the term `eligible entity' means a State or local government, local public agency, community-based or nonprofit organization, or private entity, including any charitable or faith-based organization, that submits to the Secretary, at such time, in such form, and in such manner as the Secretary may require, an application that contains such information as the Secretary may require and the following: ``(i) Project description.--A description of the programs or activities the entity intends to carry out with funds provided under this section, including an estimate of the number of children to be served under such programs or activities and a description of the services to be provided to prospective adoptive and foster parents, including post-placement supportive services. ``(ii) Coordination of efforts.--A description of how the entity will coordinate and cooperate with State and local entities responsible for carrying out programs related to the recruitment of foster parents and adoptive parents, and with the national clearinghouse established under section 479C. ``(iii) Records, reports, and audits.--An agreement to maintain such records, submit such reports, and cooperate with such reviews and audits as the Secretary finds necessary for purposes of oversight. ``(2) Definition of state.--In this section, the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(3) Limitations on authorization of appropriations.--To carry out this section, there are authorized to be appropriated to the Secretary not more than $20,000,000 for each of fiscal years 2005 through 2009. ``(4) 3-year availability of grant funds.--An eligible entity to which a grant is made under this section for a fiscal year shall remit to the Secretary any part of the grant that is not expended by the end of the second succeeding fiscal year, together with any earnings on such unexpended amount. ``(5) Redistribution of unused grant funds.--The Secretary shall redistribute any funds remitted under paragraph (4) among eligible entities that the Secretary determines have a need for additional funds to carry out the programs and activities referred to in paragraph (1)(B)(i). ``(b) Provisions Relating to Religious Organizations.-- ``(1) Nondiscrimination.--For the purpose of awarding grants under this section, the Secretary shall consider religious organizations on the same basis as other nongovernmental organizations, so long as the grant is to be implemented in a manner consistent with the Establishment Clause of the First Amendment to the Constitution of the United States. A State or local government receiving funds under this section shall not discriminate against an organization that seeks to participate in a program funded under this section on the basis that the organization has a religious character. ``(2) Noninterference.--Neither the Federal Government nor a State or local government shall require a religious organization-- ``(A) to alter its form of internal governance; or ``(B) to remove from its premises religious art, icons, scripture, or other symbols, in order to be eligible to receive a grant under this section or to participate in a program funded under this section. ``(3) Limitations on use of funds.--Funds provided directly to a religious organization to carry out a program funded under this section shall not be expended for sectarian worship, instruction, or proselytization. ``(4) Fiscal accountability.-- ``(A) In general.--Except as provided in paragraph (B), a religious organization receiving funds under this section shall be subject to the same regulations as other nongovernmental organizations to account in accord with generally accepted accounting principles for the use of such funds. ``(B) Separation of funds.--Such an organization shall keep all funds provided under this section in an account separate from all other funds of the organization.''. SEC. 4. NATIONAL CLEARINGHOUSE FOR ADOPTION PROMOTION AND FOSTER PARENT PROGRAMS; ANNUAL REPORT TO CONGRESS. Part E of title IV of the Social Security Act (42 U.S.C. 670-679b) is further amended by adding at the end the following: ``SEC. 479C. NATIONAL CLEARINGHOUSE FOR ADOPTION PROMOTION AND FOSTER PARENT RECRUITMENT PROGRAMS; ANNUAL REPORT TO CONGRESS. ``(a) National Clearinghouse for Adoption Promotion and Foster Parent Recruitment Programs.-- ``(1) National clearinghouse.-- ``(A) In general.--The Secretary shall enter into a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in subparagraph (B) to-- ``(i) assist State and local governments, local public agencies, community-based organizations, nonprofit organizations, and private entities, including charitable and faith-based organizations in coordinating their activities relating to recruitment of foster parents and adoptive parents and the provision of post-placement support to foster families and adoptive families; ``(ii) design and provide technical assistance and training for grantees and identify and disseminate to grantees `best practices' for recruiting and training prospective foster and adoptive parents and providing post-placement support to foster families and adoptive families; ``(iii) collect information on the effectiveness of the programs funded under section 479B, including the number of children placed under the programs, the number of foster parents and adoptive parents recruited under such programs, and such other data as the Secretary requires for evaluating the effectiveness of such programs; and ``(iv) assist the Secretary in the preparation of the reports required by subsection (b). ``(B) Nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described.--The nationally recognized, nonprofit adoption promotion and foster parent recruitment organization described in this subparagraph is an organization, selected by the Secretary on a competitive basis, that-- ``(i) has demonstrated experience in providing consultation and training to faith- based and community organizations interested in adoption promotion and foster parent recruitment; ``(ii) has an established national reputation in working with faith-based and community organizations to recruit and train prospective foster and adoptive parents; and ``(iii) has extensive experience in establishing and working with programs based on the One Church, One Child model. ``(2) Limitations on authorization of appropriations.--To carry out this subsection, there are authorized to be appropriated not more than $1,000,000 for each of fiscal years 2005 through 2009. ``(b) Annual Reports.--Not later than 1 year after the date a grant is first made under section 479B and annually thereafter, the Secretary shall prepare and submit to the Congress a report that includes the following with respect to the year involved: ``(1) A specification of the number of entities to which grants have been made under section 479B. ``(2) A specification of the number of foster parents and adoptive families recruited by the programs which have been supported with the grants. ``(3) A specification of the number of children placed with such foster parents and adoptive families, and the outcomes of such placements. ``(4) Any other information that the Secretary determines is relevant to the evaluation of the program under section 479B.''.

One Church, One Child Act of 2004 - Amends the Social Security Act to direct the Secretary of Health and Human Services to make competitive grants to support establishment and expansion of programs that use networks of public, private, and faith-based organizations to recruit and train foster and adoptive parents and provide support services to foster and adoptive children and their families. Makes eligible for such grants State or local governments, local public agencies, community-based or nonprofit organizations, or private entities, including charitable or faith-based organizations. Directs the Secretary to provide for a National Clearinghouse for Adoption Promotion and Foster Parent Recruitment Programs through a contract with a nationally recognized, nonprofit adoption promotion and foster parent recruitment organization.

To provide for competitive grants for the establishment and expansion of programs that use networks of public, private, and faith-based organizations to recruit and train foster and adoptive parents and provide support services to foster children and their families.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibition on United Nations Taxation Act of 2003''. SEC. 2. FINDINGS. The Congress finds that-- (1) in 1948, the average United States family with children paid only 3 percent of its income in Federal taxes; (2) in 1996, the average United States family with children paid almost 24 percent of its income in Federal taxes; (3) United Nations officials have made numerous and repeated proposals to provide financing for the United Nations outside the scrutiny of Member States of the United Nations, including borrowing from international financial institutions, assuming control of bonds issued by Member States, and imposing taxes on an extensive range of transactions, goods, and services; (4) the 1994 ``Human Development Report'' of the United Nations Development Program stated that ``[i]t is appropriate that the proceeds of an international tax be devoted to international purposes and be placed at the disposal of international institutions.''; (5) on January 14, 1996, United Nations Secretary General Boutros Boutros-Ghali stated that an international tax would mean that ``[he would] not be under the daily financial will of the Member States.''; (6) American taxpayers have paid approximately $30,000,000,000 to the United Nations since 1945; (7) the United Nations and its organizations are replete with mismanagement, waste, corruption, and inefficiency which cost American taxpayers millions of dollars each year; (8) the power to tax is an attribute of sovereignty; (9) the United Nations does not have the attributes of sovereignty and is not a sovereign power; (10) the United Nations has no legal authority to impose taxes on United States citizens; (11) the Organization for Economic Cooperation and Development is seeking to hinder tax competition between nations; (12) the United States has a relatively low tax burden compared to other developed nations and any effort to hinder tax competition will undermine the competitive advantage of the United States; (13) the Organization for Economic Cooperation and Development is pursuing tax harmonization policies that would enable foreign governments to tax income earned in the United States; (14) the power to determine the tax treatment of income inside national borders is an attribute of sovereignty; and (15) the United States finances approximately one-fourth of the budget of the Organization for Economic Cooperation and Development. SEC. 3. PROHIBITION ON IMPOSITION OF GLOBAL TAXATION, MULTILATERAL BANK BORROWING, OR TAX HARMONIZATION. No funds shall be obligated or otherwise expended from the United States Treasury for any purpose to the United Nations or any of its specialized or affiliated agencies if the United Nations or any of its specialized or affiliated agencies-- (1) attempts to implement or impose any taxation or fee on any United States persons; (2) attempts to implement or impose a policy that would enable foreign governments to tax income earned inside the borders of the United States; or (3) attempts to borrow funds from the International Bank for Reconstruction and Development (commonly referred to as the ``World Bank''), the International Monetary Fund, or any other similar or regional international financial institution. SEC. 4. PROHIBITION ON CONTINUED DEVELOPMENT AND PROMOTION OF GLOBAL TAXATION OR TAX HARMONIZATION PROPOSALS. No funds shall be obligated or otherwise expended from the United States Treasury for any purpose to the United Nations or any of its specialized or affiliated agencies (including the United Nations Development Program) unless the President certifies in writing to the Congress 15 days in advance of such payment that the United Nations or such agency, as the case may be, is not engaged in any effort to-- (1) develop, advocate, promote, or publicize any proposal concerning taxation or fees on United States persons in order to raise revenue for the United Nations or any such agency; or (2) to develop, advocate, promote, or publicize any proposal concerning foreign government taxation or fees on United States-source income. SEC. 5. PROHIBITION ON IMPOSITION OF GLOBAL TAXATION, MULTILATERAL BANK BORROWING, OR TAX HARMONIZATION. No funds shall be obligated or otherwise expended from the United States Treasury for any purpose to the Organization for Economic Cooperation and Development or any of its specialized or affiliated agencies if the Organization for Economic Cooperation and Development-- (1) attempts to implement or impose any taxation or fee on any United States persons; (2) attempts to implement or impose a policy that would enable foreign governments to tax income earned inside the borders of the United States; or (3) attempts to borrow funds from the International Bank for Reconstruction and Development (commonly referred to as the ``World Bank''), the International Monetary Fund, or any other similar or regional international financial institution. SEC. 6. PROHIBITION ON CONTINUED DEVELOPMENT AND PROMOTION OF GLOBAL TAXATION OR TAX HARMONIZATION PROPOSALS. No funds shall be obligated or otherwise expended from the United States Treasury for any purpose to the Organization for Economic Cooperation and Development or any of its specialized or affiliated agencies unless the President certifies in writing to the Congress 15 days in advance of such payment that the Organization for Economic Cooperation and Development or such agency, as the case may be, is not engaged in any effort to-- (1) develop, advocate, promote, or publicize any proposal concerning taxation or fees on United States persons in order to raise revenue for the Organization for Economic Cooperation and Development or any such agency; or (2) develop, advocate, promote, or publicize any proposal concerning foreign government taxation or fees on United States-source income. SEC. 7. STATUTORY CONSTRUCTION. Payments prohibited under this Act include disbursements to the United Nations or Organization for Economic Cooperation and Development pursuant to any undertaking made by the United States before the prohibition becomes effective. SEC. 8. DEFINITIONS. As used in this Act: (1) The term ``person'' has the meaning given such term in section 7701(a)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 7701(a)(1)). (2) The term ``taxation or fees on United States persons'' includes any tax or fee assessed on United States persons on a per capita basis or on a transaction or user basis, including but not limited to any tax or fee on international air travel, foreign exchange transactions, the mails, or extraction or use of natural resources.

Prohibition on United Nations Taxation Act of 2003 - Prohibits the obligation of U.S. funds to the United Nations (UN) or any of its agencies, or to the Organization for Economic Cooperation and Development (OECD) or any of its agencies, if the UN or OECD attempt to: (1) impose a tax or fee on any U.S. person; (2) impose a policy that would enable foreign governments to tax income earned inside the borders of the United States; or (3) borrow funds from the International Bank for Reconstruction and Development (World Bank), the International Monetary Fund, or any other similar or regional international financial institution.Prohibits the obligation of U.S. funds to the UN or any of its agencies (including the UN Development Program), or to OECD or any of its agencies, unless the President certifies to Congress 15 days in advance of such payment that the UN or OECD and their agencies are not engaged in any efforts to develop or promote any taxation or fee proposals in order to raise revenue or any proposals allowing foreign taxation on U.S.-source income.

To prohibit United States voluntary and assessed contributions to the United Nations or the Organization for Economic Cooperation and Development if the United Nations or the Organization for Economic Cooperation and Development imposes any tax or fee on United States persons, continues to develop or promote proposals for such taxes or fees, or attempts to implement or impose a policy that would enable foreign governments to tax income earned inside the borders of the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Insurance Access Amendments of 1997''. SEC. 2. PHASE-DOWN OF APPLICATION OF PREEXISTING CONDITION EXCLUSIONS IN GROUP MARKET. Section 9801 of the Internal Revenue Code of 1986, section 701 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181), and section 2701 of the Public Health Service Act (42 U.S.C. 300g) are each amended as follows: (1) Effective with respect to group health plans for plan years beginning on or after January 1, 2000, in subsection (a), strike ``not more than 12 months (or 18 months in the case of a late enrollee) after the enrollment date'' and insert ``not more than 6 months after the enrollment date''. (2) Effective with respect to group health plans for plan years beginning on or after January 1, 2001, in subsection (a) (as amended by paragraph (1)), strike ``not more than 6 months after the enrollment date'' and insert ``not more than 3 months after the enrollment date''. (3) Effective with respect to group health plans for plan years beginning on or after January 1, 2002, in subsection (a) (as amended by paragraph (1)), strike ``3 months'' and insert ``one month''. SEC. 3. EXTENDING AVAILABILITY OF COVERAGE IN INDIVIDUAL MARKET WITHOUT APPLICATION OF PREEXISTING CONDITION EXCLUSIONS. (a) Phase-Down in Eligibility Restrictions.--Section 2741(b)(1)(A) of the Public Health Service Act (42 U.S.C. 300g-41(b)(1)(A)) is amended as follows: (1) Effective with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2000, strike ``18 or more months'' and insert ``12 or more months''. (2) Effective with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2001, strike ``12 or more months'' (as inserted by paragraph (1)) and insert ``6 or more months''. (3) Effective with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2002, strike ``6 or more months'' (as inserted by paragraph (2)) and insert ``one month''. SEC. 4. EXPANSION OF GUARANTEED ISSUE PROTECTIONS TO LARGE GROUP MARKET. (a) In General.--Section 2711 of the Public Health Service Act (42 U.S.C. 300g-11) is amended-- (1) by striking ``Small Group'', ``small group'', and ``small group'' each place it appears and inserting ``Relevant Group'', ``relevant group'', and ``relevant group'', respectively; (2) in paragraph (1)(A), by striking ``small employer (as defined in section 2791(e)(4)'' and inserting ``relevant employer (as defined in subsection (b)(2))''; (3) by striking ``small employer'' and ``small employers'' each other place it appears and inserting ``relevant employer'' and ``relevant employers'', respectively; and (4) by striking subsection (b) and inserting the following: ``(b) Relevant Employer and Group Defined.--For purposes of this subpart: ``(1) Relevant employer.--The term `relevant employer' means-- ``(A) for periods before January 1, 2000, a small employer (as defined in section 2791(e)(4)), ``(B) for the period beginning on January 1, 2000, and ending December 31, 2001, an employer that would be a small employer if `100' were substituted for `50' in section 2791(e)(4), and ``(C) for the period beginning on January 1, 2002, any employer. ``(2) Relevant group market.--The term `relevant group market' means-- ``(A) for periods before January 1, 2000, the small group market, ``(B) for the period beginning on January 1, 2000, and ending December 31, 2001, the small group market and the market that would be included in the small group market if `100' were substituted for `50' in section 2791(e)(4), and ``(C) for the period beginning on January 1, 2002, the small and large group market.''. (b) Application of Information Disclosure to Relevant Group Market.--Section 2713 of such Act (42 U.S.C. 300gg-13) is amended-- (1) in subsection (a), by striking ``small employer'' the first place it appears and inserting ``relevant employer (as defined in section 2711(b)(1))'', and (2) by striking ``small employer'' and ``small employers'' each succeeding place it appears and inserting ``relevant employer'' and ``relevant employers'', respectively. (c) Conforming Changes in Guaranteed Renewability Requirements.-- Section 2712 of such Act (42 U.S.C. 300gg-12) is amended-- (1) effective January 1, 2000, by adding at the end the following new subsection: ``(f) Transition.--For purposes of applying this section during the period beginning January 1, 2000, and ending December 31, 2001, any reference in paragraphs (2) and (4) of section 2791(e) to `51 employees' and to `50 employees', respectively, is deemed a reference to `101 employees' and to `100 employees', respectively.''; and (2) effective January 1, 2002-- (A) in subsection (b), in the matter before paragraph (1), by striking ``small or large'', (B) in subsection (b)(5), by striking ``, in the case of the small group market,'', (C) in subsection (b)(6), by striking ``in the small or large group market (as the case may be)'' and inserting ``in the group market'', (D) in subsection (c)(1), by striking ``small or large'', (E) in subsection (c)(1)(B), by striking ``(or, in the case of the large group market, any)'', (F) in subsection (c)(2)(A), by striking ``in the small group market or the large group market, or both markets,'' and inserting ``in the group market'', (G) in subsection (c)(2)(A)(ii), by striking ``(or markets)'' each place it appears, (H) in subsection (d), by striking ``offered to a group health plan'' and all that follows through ``in such market'' and inserting ``offered to a group health plan in the group market'', and (J) in subsection (e), by striking ``small or large''.

Health Insurance Access Amendments of 1997 - Amends the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 and the Public Health Service Act (PHSA) to decrease, in three steps over two years, the period during which a group health plan (and a health insurer offering group coverage) may impose a preexisting condition exclusion. (Sec. 3) Amends PHSA provisions relating to guaranteed availability of individual coverage to individuals with prior group coverage to decrease, in three steps over two years, the required aggregate of periods of creditable coverage. (Sec. 4) Amends provisions relating to guaranteed availability of coverage for employers in the group market to: (1) increase, over two years, the applicability of provisions relating to the small group market and small employers (currently defined as having two to 50 employees) first to include employers with up to 100 employees, then to all employers; and (2) remove provisions relating to assuring access in the large group market. Expands the applicability of provisions relating to disclosure of information by insurers to employers, first including employers with up to 100 employees, then including all employers.

Health Insurance Access Amendments of 1997

SECTION 1. PULP AND PAPER ENERGY SECURITY TASK FORCE. (a) Definitions.--In this section: (1) The terms ``Department'' and ``Secretary'' mean the Department of Energy and the Secretary thereof, respectively. (2) The term ``task force'' means the task force established under subsection (b). (b) Energy Task Force.-- (1) Establishment.--The Secretary shall establish a task force, to be known as the Pulp and Paper Energy Security Task Force, to address the energy needs of the forest product industry and similar manufacturing operations. (2) Duties.--The task force shall-- (A) identify-- (i) the energy needs of the forest product industry and similar manufacturing operations; (ii) the programs and services provided by the Federal Government, State governments, and nongovernment organizations that may serve to lower energy costs, including through the introduction or increased use of renewable fuels in papermaking operations and allied industries; (B) assess the extent to which the programs and services identified under subparagraph (A)(ii) serve the needs identified under subparagraph (A)(i); (C) make recommendations to the Secretary on how to more effectively serve the needs identified under subparagraph (A)(i) through-- (i) programs and services identified under subparagraph (A)(ii); (ii) new programs and services promoted by the task force; and (iii) statutory changes. (D) make recommendations on how the Secretary may promote-- (i) new programs and services that the task force recommends under subparagraph (C)(ii); and (ii) programs and services identified under subparagraph (A)(ii); (E) make recommendations on how the Secretary may inform and educate with respect to-- (i) the needs identified under subparagraph (A)(i); (ii) new programs and services that the task force recommends under subparagraph (C)(ii); and (iii) programs and services identified under subparagraph (A)(ii); (F) make recommendations on how the Secretary may more effectively work with public and private interests to address the energy needs of the forest product industry and similar manufacturing operations; and (G) make recommendations on the creation of a permanent advisory board that would make recommendations to the Secretary on how to address the energy needs of the forest product industry and similar manufacturing operations. (3) Internet website recommendations.--The task force shall make recommendations to the Secretary relating to the establishment of an Internet website to be used by the Department to receive and dispense information and resources with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (2)(A)(ii). As part of the recommendations, the task force shall identify the Internet sites of appropriate programs, services, and organizations, both public and private, to which the Internet website should link. (4) Education programs.--The task force shall make recommendations to the Secretary relating to developing additional education materials and programs with respect to the needs identified under paragraph (2)(A)(i). (5) Existing materials-.--The task force shall organize and distribute existing materials that inform and educate with respect to the needs identified under paragraph (2)(A)(i) and the programs and services identified under paragraph (2)(A)(ii). (6) Coordination with public and private sector.--In carrying out its responsibilities under this section, the task force shall coordinate with, and may accept materials and assistance as it determines appropriate from-- (A) any subordinate officer of the Secretary; (B) other Federal agencies, their officers, or employees; and (C) any other organization, entity, or person not described in subparagraph (A) or (B). (7) Chair and vice-chair.--The task force shall have-- (A) a Chair, appointed by the Secretary; and (B) a Vice-Chair, appointed by the Secretary, in consultation with appropriate nongovernmental organizations, entities, or persons. (8) Members.-- (A) Chair and vice-chair.--The Chair and the Vice- Chair shall serve as members of the task force. (B) Additional members.-- (i) In general.--The task force shall have additional members, each of whom shall be appointed by the Chair, with the approval of the Secretary. (ii) Number of members.--The number of additional members shall be determined by the Chair, in consultation with the Secretary, except that-- (I) the additional members shall include, for each of the groups specified in subparagraph (C), at least 1 member appointed from within that group; and (II) the number of additional members shall not exceed 13. (C) Groups represented.--The groups specified in this subparagraph are-- (i) subject matter experts; (ii) labor unions representing employees of the forest product industry and similar manufacturing operations; (iii) vendors of energy technologies to the forest product industry and similar manufacturing operations; (iv) academics with expertise in the use of energy technologies within the forest product industry and similar manufacturing operations; (v) the forest product industry and similar manufacturing operations trade associations; (vi) Federal, State, or local agencies engaged in energy improvements and cost reductions at within the forest product industry and similar manufacturing operations. (9) Meetings.-- (A) Frequency.--The task force shall meet at least 2 times per year, and more frequently if necessary to perform its duties. (B) Quorum.--A majority of the members of the task force shall constitute a quorum. (C) Location.--The Secretary shall designate, and make available to the task force, a location at a facility under the control of the Secretary for use by the task force for its meetings. (D) Minutes.-- (i) In general.--Not later than 90 days after each meeting, the task force shall publish the minutes of the meeting and shall submit to Secretary any findings or recommendations approved at the meeting. (ii) Submission to congress.--Not later than 60 days after the date that the Secretary receives minutes under clause (i) the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives such minutes, together with any comments the Secretary considers appropriate. (E) Findings.-- (i) In general.--Not later than the date that the task force terminates under paragraph (13) the task force shall submit to the Secretary a final report on any findings and recommendations of the task force approved at a meeting of the task force. (ii) Submission to congress.--Not later than 90 days after the date that the Administrator receives the report under clause (i), the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Energy and Commerce and the Committee on Small Business of the House of Representatives the full text of the report submitted under clause (i), together with any comments the Secretary considers appropriate. (10) Personnel matters.-- (A) Compensation of members.--Each member of the task force shall serve without pay for their service on the task force. (B) Travel expenses.--Each member of the task force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (C) Detail of department of energy employees.--The Secretary may detail, without reimbursement, any of the personnel of the Department to the task force to assist it in carrying out its duties. Such a detail shall be without interruption or loss of civil status or privilege. (D) Department of energy support of the task force.--Upon the request of the task force, the Secretary shall provide to the task force the administrative support services that the Secretary and the Chair jointly determine to be necessary for the task force to carry out its duties. (11) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the task force. (12) Startup.--The initial appointment of the members of the task force shall be completed not later than 90 days after the date of enactment of this section and the first meeting of the task force shall be not later than 180 days after the date of enactment of this section. (13) Termination.-- (A) In general.--Except as provided in subparagraph (B), the task force shall terminate at the end of fiscal year 2012. (B) Exception.--If, as of the termination date under subparagraph (A), the task force has not complied with paragraph (9)(D) with respect to 1 or more meetings, then the task force shall continue after the termination date for the sole purpose of achieving compliance with paragraph (9)(D) with respect to those meetings. (14) Authorization of funding.--There are authorized to be appropriated to carry out this section $200,000 for each of fiscal years 2009 through 2012.

Directs the Secretary of Energy to establish a Pulp and Paper Energy Security Task Force to: (1) identify the energy needs of the forest product industry and similar manufacturing operations, and programs and services provided by the federal and state governments, as well as nongovernment organizations, that may serve to lower energy costs; and (2) assess the extent to which such programs and services serve those needs. Requires the Task Force to make recommendations to the Secretary on: (1) how to more effectively serve such needs; (2) how to promote recommended new programs and services; (3) creation of a permanent advisory board and establishment of an Internet website to receive and dispense relevant information and resources; and (4) development of additional education materials and programs. Requires the Task Force to organize and distribute existing materials that inform and educate with respect to such energy needs of the forest product industry and similar manufacturing operations.

To establish a task force to lower energy costs for the forest product industry and similar manufacturing operations, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2015''. SEC. 2. RECIPROCAL MARKETING APPROVAL FOR CERTAIN DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n-1) the following: ``SEC. 524B. RECIPROCAL MARKETING APPROVAL. ``(a) In General.--A covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(b) Eligibility.--The Secretary shall, with respect to a covered product, grant reciprocal marketing approval if-- ``(1) the sponsor of the covered product submits a request for reciprocal marketing approval; and ``(2) the request demonstrates to the Secretary's satisfaction that-- ``(A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1); ``(B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); ``(C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; ``(D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; ``(E) the covered product is not a banned device under section 516; and ``(F) there is a public health or unmet medical need for the covered product in the United States. ``(c) Safety and Effectiveness.-- ``(1) In general.--The Secretary-- ``(A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product-- ``(i) is a drug that is not safe and effective; or ``(ii) is a device for which there is no reasonable assurance of safety and effectiveness; and ``(B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505-1. ``(2) Report to congress.--Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall-- ``(A) include the denial in a list of such denials for each month; and ``(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. ``(d) Request.--A request for reciprocal marketing approval shall-- ``(1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and ``(2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. ``(e) Timing.--The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary's receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). ``(f) Labeling; Device Classification.--During the 30-day period described in subsection (e)-- ``(1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and ``(2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall-- ``(A) classify the device pursuant to section 513; and ``(B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. ``(g) Congressional Disapproval of FDA Orders.-- ``(1) In general.--A decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. ``(2) Procedure.-- ``(A) In general.--Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. ``(B) Terms.--For purposes of this subsection-- ``(i) the reference to `section 801(a)(1)' in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and ``(ii) the reference to `section 801(a)(1)(A)' in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). ``(3) Effect of congressional disapproval.--Reciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection. ``(h) Applicability of Relevant Provisions.--The provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. ``(i) Fees for Request.--For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(j) Outreach.--The Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. ``(k) Covered Product Defined.--In this section, the term `covered product' means a drug, biological product, or device.''.

Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2015 This bill amends the Federal Food, Drug, and Cosmetic Act to establish a reciprocal marketing approval process that allows for the sale of a drug, biological product, or medical device that has not been approved by the Food and Drug Administration (FDA) if the product is approved for sale in another country. For a product to be granted reciprocal marketing approval, the product's sponsor must submit a request to the FDA that demonstrates: (1) the product may be sold in at least one country from a specified list of countries, (2) the FDA and listed countries have not withdrawn approval of the product because of safety or effectiveness concerns, and (3) there is a public health or unmet medical need for the product. The FDA may: (1) require postmarket studies of a product granted reciprocal marketing approval, or (2) decline to approve a product that is not safe and effective. The FDA must grant or decline reciprocal marketing approval not later than 30 days after receiving a request. During that period, the FDA and product sponsor must negotiate and finalize product labeling and, for a medical device, classify the device. Congress may pass a joint resolution to grant reciprocal marketing approval to a product that the FDA declines to approve through this process. User fees apply to requests for reciprocal marketing approval. The FDA must encourage the sponsors of potentially eligible products to request reciprocal marketing approval.

Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop AIDS in Prison Act of 2017''. SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. (a) In General.--The Bureau of Prisons (hereinafter in this Act referred to as the ``Bureau'') shall develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates within the correctional setting and upon reentry. (b) Purpose.--The purposes of this policy shall be as follows: (1) To stop the spread of HIV/AIDS among inmates. (2) To protect prison guards and other personnel from HIV/ AIDS infection. (3) To provide comprehensive medical treatment to inmates who are living with HIV/AIDS. (4) To promote HIV/AIDS awareness and prevention among inmates. (5) To encourage inmates to take personal responsibility for their health. (6) To reduce the risk that inmates will transmit HIV/AIDS to other persons in the community following their release from prison. (c) Consultation.--The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of this policy. (d) Time Limit.--The Bureau shall draft appropriate regulations to implement this policy not later than 1 year after the date of the enactment of this Act. SEC. 3. REQUIREMENTS FOR POLICY. The policy created under section 2 shall do the following: (1) Testing and counseling upon intake.-- (A) Health care personnel shall provide routine HIV testing to all inmates as a part of a comprehensive medical examination immediately following admission to a facility. (Health care personnel need not provide routine HIV testing to an inmate who is transferred to a facility from another facility if the inmate's medical records are transferred with the inmate and indicate that the inmate has been tested previously.) (B) To all inmates admitted to a facility prior to the effective date of this policy, health care personnel shall provide routine HIV testing within no more than 6 months. HIV testing for these inmates may be performed in conjunction with other health services provided to these inmates by health care personnel. (C) All HIV tests under this paragraph shall comply with the opt-out provision. (2) Pre-test and post-test counseling.--Health care personnel shall provide confidential pre-test and post-test counseling to all inmates who are tested for HIV. Counseling may be included with other general health counseling provided to inmates by health care personnel. (3) HIV/AIDS prevention education.-- (A) Health care personnel shall improve HIV/AIDS awareness through frequent educational programs for all inmates. HIV/AIDS educational programs may be provided by community based organizations, local health departments, and inmate peer educators. (B) HIV/AIDS educational materials shall be made available to all inmates at orientation, at health care clinics, at regular educational programs, and prior to release. Both written and audio-visual materials shall be made available to all inmates. (C)(i) The HIV/AIDS educational programs and materials under this paragraph shall include information on-- (I) modes of transmission, including transmission through tattooing, sexual contact, and intravenous drug use; (II) prevention methods; (III) treatment; and (IV) disease progression. (ii) The programs and materials shall be culturally sensitive, written or designed for low literacy levels, available in a variety of languages, and present scientifically accurate information in a clear and understandable manner. (4) HIV testing upon request.-- (A) Health care personnel shall allow inmates to obtain HIV tests upon request once per year or whenever an inmate has a reason to believe the inmate may have been exposed to HIV. Health care personnel shall, both orally and in writing, inform inmates, during orientation and periodically throughout incarceration, of their right to obtain HIV tests. (B) Health care personnel shall encourage inmates to request HIV tests if the inmate is sexually active, has been raped, uses intravenous drugs, receives a tattoo, or if the inmate is concerned that the inmate may have been exposed to HIV/AIDS. (C) An inmate's request for an HIV test shall not be considered an indication that the inmate has put him/herself at risk of infection and/or committed a violation of prison rules. (5) HIV testing of pregnant women.-- (A) Health care personnel shall provide routine HIV testing to all inmates who become pregnant. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (6) Comprehensive treatment.-- (A) Health care personnel shall provide all inmates who test positive for HIV-- (i) timely, comprehensive medical treatment; (ii) confidential counseling on managing their medical condition and preventing its transmission to other persons; and (iii) voluntary partner notification services. (B) Health care provided under this paragraph shall be consistent with current Department of Health and Human Services guidelines and standard medical practice. Health care personnel shall discuss treatment options, the importance of adherence to antiretroviral therapy, and the side effects of medications with inmates receiving treatment. (C) Health care personnel and pharmacy personnel shall ensure that the facility formulary contains all Food and Drug Administration-approved medications necessary to provide comprehensive treatment for inmates living with HIV/AIDS, and that the facility maintains adequate supplies of such medications to meet inmates' medical needs. Health care personnel and pharmacy personnel shall also develop and implement automatic renewal systems for these medications to prevent interruptions in care. (D) Correctional staff, health care personnel, and pharmacy personnel shall develop and implement distribution procedures to ensure timely and confidential access to medications. (7) Protection of confidentiality.-- (A) Health care personnel shall develop and implement procedures to ensure the confidentiality of inmate tests, diagnoses, and treatment. Health care personnel and correctional staff shall receive regular training on the implementation of these procedures. Penalties for violations of inmate confidentiality by health care personnel or correctional staff shall be specified and strictly enforced. (B) HIV testing, counseling, and treatment shall be provided in a confidential setting where other routine health services are provided and in a manner that allows the inmate to request and obtain these services as routine medical services. (8) Testing, counseling, and referral prior to reentry.-- (A) Health care personnel shall provide routine HIV testing to all inmates no more than 3 months prior to their release and reentry into the community. (Inmates who are already known to be infected need not be tested again.) This requirement may be waived if an inmate's release occurs without sufficient notice to the Bureau to allow health care personnel to perform a routine HIV test and notify the inmate of the results. (B) All HIV tests under this paragraph shall comply with the opt-out provision. (C) To all inmates who test positive for HIV and all inmates who already are known to have HIV/AIDS, health care personnel shall provide-- (i) confidential prerelease counseling on managing their medical condition in the community, accessing appropriate treatment and services in the community, and preventing the transmission of their condition to family members and other persons in the community; (ii) referrals to appropriate health care providers and social service agencies in the community that meet the inmate's individual needs, including voluntary partner notification services and prevention counseling services for people living with HIV/AIDS; and (iii) a 30-day supply of any medically necessary medications the inmate is currently receiving. (9) Opt-out provision.--Inmates shall have the right to refuse routine HIV testing. Inmates shall be informed both orally and in writing of this right. Oral and written disclosure of this right may be included with other general health information and counseling provided to inmates by health care personnel. If an inmate refuses a routine test for HIV, health care personnel shall make a note of the inmate's refusal in the inmate's confidential medical records. However, the inmate's refusal shall not be considered a violation of prison rules or result in disciplinary action. Any reference in this section to the ``opt-out provision'' shall be deemed a reference to the requirement of this paragraph. (10) Exclusion of tests performed under section 4014(b) from the definition of routine hiv testing.--HIV testing of an inmate under section 4014(b) of title 18, United States Code, is not routine HIV testing for the purposes of the opt-out provision. Health care personnel shall document the reason for testing under section 4014(b) of title 18, United States Code, in the inmate's confidential medical records. (11) Timely notification of test results.--Health care personnel shall provide timely notification to inmates of the results of HIV tests. SEC. 4. CHANGES IN EXISTING LAW. (a) Screening in General.--Section 4014(a) of title 18, United States Code, is amended-- (1) by striking ``for a period of 6 months or more''; (2) by striking ``, as appropriate,''; and (3) by striking ``if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the Bureau of Prisons relating to infectious disease management'' and inserting ``unless the individual declines. The Attorney General shall also cause such individual to be so tested before release unless the individual declines.''. (b) Inadmissibility of HIV Test Results in Civil and Criminal Proceedings.--Section 4014(d) of title 18, United States Code, is amended by inserting ``or under the Stop AIDS in Prison Act of 2017'' after ``under this section''. (c) Screening as Part of Routine Screening.--Section 4014(e) of title 18, United States Code, is amended by adding at the end the following: ``Such rules shall also provide that the initial test under this section be performed as part of the routine health screening conducted at intake.''. SEC. 5. REPORTING REQUIREMENTS. (a) Report on Hepatitis and Other Diseases.--Not later than 1 year after the date of the enactment of this Act, the Bureau shall provide a report to the Congress on Bureau policies and procedures to provide testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use. The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of this report. (b) Annual Reports.-- (1) Generally.--Not later than 2 years after the date of the enactment of this Act, and then annually thereafter, the Bureau shall report to Congress on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use. (2) Matters pertaining to various diseases.--Reports under paragraph (1) shall discuss-- (A) the incidence among inmates of HIV/AIDS, hepatitis, and other diseases transmitted through sexual activity and intravenous drug use; and (B) updates on Bureau testing, treatment, and prevention education programs for these diseases. (3) Matters pertaining to hiv/aids only.--Reports under paragraph (1) shall also include-- (A) the number of inmates who tested positive for HIV upon intake; (B) the number of inmates who tested positive prior to reentry; (C) the number of inmates who were not tested prior to reentry because they were released without sufficient notice; (D) the number of inmates who opted-out of taking the test; (E) the number of inmates who were tested under section 4014(b) of title 18, United States Code; and (F) the number of inmates under treatment for HIV/ AIDS. (4) Consultation.--The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, the Office of National AIDS Policy, and the Centers for Disease Control regarding the development of reports under paragraph (1).

Stop AIDS in Prison Act of 2017 This bill directs the Bureau of Prisons to develop a comprehensive policy to provide HIV testing, treatment, and prevention for federal inmates in prison and upon reentry. It amends the federal criminal code: to require an HIV test for each convicted federal offender sentenced to prison for any length of time regardless of risk factors, unless the individual declines; to make the HIV test part of the routine health screening conducted at intake; and to require a pre-release HIV test, unless the individual declines.

Stop AIDS in Prison Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Reduction of Metals in Packaging Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the management of solid waste can pose a wide range of hazards to public health and safety and to the environment; (2) packaging comprises a significant percentage of the overall solid waste stream; (3) the presence of heavy metals in packaging is a concern in light of the likely presence of heavy metals in emissions or ash when packaging is incinerated, or in leachate when packaging is landfilled; (4) lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern; (5) it is desirable as a first step in reducing the toxicity of packaging waste to eliminate the addition of these heavy metals to packaging; and (6) the intent of this Act is to achieve this reduction in toxicity without impeding or discouraging the expanded use of postconsumer materials in the production of packaging and components of packaging. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Distributor.--The term ``distributor'' means any person who purchases goods from a manufacturer for sale or promotional use. (3) Incidental presence.--The term ``incidental presence'' means the presence of lead, cadmium, mercury, or hexavalent chromium in a package or packaging component if the substance was not intentionally introduced into the package or packaging component for its own properties or characteristics. (4) Intentional introduction.-- (A) In general.--The term ``intentional introduction'' means the purposeful introduction of lead, cadmium, mercury, or hexavalent chromium into a package or packaging component with an intent that one or more of the substances be present in the package or packaging component. (B) Exclusion.--The term does not include-- (i) the background levels of the substances that naturally occur in raw materials or are present as postconsumer additions, and that are not purposefully added to perform as part of a package or packaging component; and (ii) any trace quantities of a processing aid or similar material used to produce a product from which a package or packaging component is manufactured, if the processing aid or similar material is reasonably expected to be consumed or transformed into a nonregulated material during the process. (5) Manufacturer.--The term ``manufacturer'' means any person in the chain of production who makes a package or packaging component for sale or promotional purposes, including an importer of packages or packaging components. (6) Package or packaging.--The term ``package'' or ``packaging'' means a container that provides a means of marketing, protecting, or handling a product. The term includes a unit package, an intermediate, and a chipping container as defined in standard D-996 issued by the American Society of Testing and Materials, and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil, and other trays, wrappers and wrapping films, bags, and tubs. (7) Packaging component.--The term ``packaging component'' means any individual assembled part of packaging, including any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coating, closure, ink, label, adhesive, and stabilizer, except that the term does not include steel strapping. For the purposes of this section, tin- plated steel that meets the specification under standard A-623 issued by the American Society of Testing and Materials shall be deemed an individual packaging component. SEC. 4. PROHIBITION ON ADDITION OF CERTAIN HEAVY METALS IN PACKAGING. (a) In General.--Except as provided in section 5, effective 2 years after the date of enactment of this Act, the intentional introduction of lead, cadmium, mercury, or hexavalent chromium to packaging or any component thereof during manufacturing or distribution by any person is prohibited. (b) Concentration Levels.--The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium present in packaging or any component thereof may not exceed-- (1) 600 parts per million by weight (0.06 percent) on or after the date that is 2 years after the date of enactment of this Act and before the date specified in paragraph (2); (2) 250 parts per million by weight (0.025 percent) on or after the date that is 3 years after the date of enactment of this Act and before the date specified in paragraph (3); and (3) 100 parts per million by weight (0.01 percent) on or after the date that is 4 years after the date of enactment of this Act. SEC. 5. EXEMPTIONS. (a) In General.--The requirements of section 4 shall not apply to packaging and any component thereof-- (1) with a code indicating a date of manufacture of the packaging or component, or date of bottling or manufacturing of distilled spirits and wines, that is prior to the effective date of this Act; or (2) if alternative evidence of a date of manufacture or bottling prior to the effective date of this Act is provided to the satisfaction of the Administrator. (b) Safety Considerations.-- (1) In general.--The requirements of section 4 shall not apply to packaging and any component thereof to which lead, cadmium, mercury, or hexavalent chromium has been added in the manufacturing, forming, printing, or distribution process-- (A) in order to comply with health or safety requirements of Federal law; or (B) because the addition of one or more of the substances is essential for the protection, safe handling, or functioning of the contents of the packaging, if the Administrator grants an exemption from the requirements of this Act to the manufacturer of the package or packaging component on the basis of either criterion. (2) Period.--If the Administrator determines that circumstances warrant an exemption from the requirements of this Act, the Administrator may grant an exemption for a period of 2 years. (3) Renewal.--An exemption under paragraph (2) may, on meeting either criterion under paragraph (1), be renewed every 2 years. (c) Use of Recycled Materials.--During the 6-year period beginning on the date of enactment of this Act, the requirements of section 4 shall not apply to packaging and any component thereof that would not exceed the concentration levels in section (b) but for the addition of recycled materials. SEC. 6. CERTIFICATE OF COMPLIANCE. (a) In General.-- (1) Requirement.--Not later than 2 years after the date of enactment of this Act, the manufacturer or supplier of packaging or any component thereof shall furnish to each purchaser a certificate of compliance stating that the packaging or packaging component is in compliance with the requirements of this Act. (2) Exemptions.--If the manufacturer or supplier claims an exemption under section 5, the manufacturer or supplier shall state the specific basis on which the exemption is claimed on the certificate of compliance. (3) Signature.--The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. (4) Retention of certificate by purchaser.--The purchaser shall retain the certificate of compliance for as long as the packaging is in use. (5) Retention of copy by manufacturer or supplier.--A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the packaging or packaging component. (6) Copies to administrator and public.--A copy of the certificate of compliance shall be furnished to the Administrator on request, and to members of the public in accordance with section 7. (b) Amended or New Certificate.--If the manufacturer or supplier of packaging or packaging components reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component. SEC. 7. PUBLIC ACCESS. (a) Request.--A request from a member of the public for a copy of a certificate of compliance from the manufacturer or supplier of packaging or components thereof shall be-- (1) in writing, with a copy provided to the Administrator; and (2) specific as to the package or packaging component information requested. (b) Response to Request.--A manufacturer shall respond to a request that meets the requirements of subsection (a) not later than 60 days after receipt of the request. SEC. 8. FEDERAL ENFORCEMENT. Whenever on the basis of any information the Administrator determines that any person has violated or is in violation of this Act, the Administrator may issue an order assessing a civil penalty in an amount not to exceed $25,000. SEC. 9. NONPRE-EMPTION. Nothing in this Act shall be construed so as to prohibit a State from establishing and enforcing a standard or requirement with respect to toxic metals in packaging that is more stringent than a standard or requirement relating to toxic metals in packaging established or promulgated under this Act. SEC. 10. REGULATIONS. Not later than 18 months after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this Act.

Reduction of Metals in Packaging Act - Prohibits the intentional introduction of lead, cadmium, mercury, or hexavalent chromium into a package or packaging component during manufacturing or distribution. Sets forth the maximum allowable concentration level of the sum of such elements in packaging. Makes such prohibition inapplicable for packaging: (1) that was manufactured prior to this Act's effective date; or (2) that would not exceed maximum concentration levels but for the addition of recycled materials. Provides for two-year exemptions from requirements for packaging to which lead, cadmium, mercury, or hexavalent chromium has been added to comply with Federal health or safety requirements or, because it is essential for the protection, safe handling, or function of the package contents. Permits for the renewal of exemptions. Requires packaging manufacturers or suppliers to furnish certificates of compliance (with respect to this Act's requirements) to purchasers. Makes certificates of compliance available to the public upon request. Authorizes the assessment of civil penalties for violations of this Act.

Reduction of Metals in Packaging Act

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Export-Import Bank Reauthorization Act of 2014''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension of authority. Sec. 3. Information technology systems. Sec. 4. Sub-Saharan Africa advisory committee. Sec. 5. Limitations on loans, guarantees, and insurance. Sec. 6. Dual-use exports. Sec. 7. Exposure limit business plan. Sec. 8. Government Accountability Office study on medium-term financing programs. SEC. 2. EXTENSION OF AUTHORITY. Section 7 of the Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking ``2014'' and inserting ``2019''. SEC. 3. INFORMATION TECHNOLOGY SYSTEMS. Section 3(j) of the Export-Import Bank Act of 1945 (12 U.S.C 635a(j)) is amended by striking ``2012, 2013, and 2014'' each place it appears and inserting ``2015, 2016, 2017, 2018, and 2019''. SEC. 4. SUB-SAHARAN AFRICA ADVISORY COMMITTEE. Section 2(b)(9)(B)(iii) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is amended by striking ``2014'' and inserting ``2019''. SEC. 5. LIMITATIONS ON LOANS, GUARANTEES, AND INSURANCE. Section 6(a)(2) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)(2)) is amended-- (1) by striking subparagraphs (A) through (E); (2) by redesignating subparagraph (F) as subparagraph (A); (3) in subparagraph (A), as redesignated by paragraph (2)-- (A) in the matter preceding clause (i), by striking ``fiscal year 2012 and each succeeding fiscal year'' and inserting ``fiscal years 2012, 2013, and 2014''; and (B) in clause (ii)(III), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(B) during fiscal year 2015 and each fiscal year thereafter, $145,000,000,000, except that-- ``(i) the applicable amount for fiscal year 2016 shall be $150,000,000,000 if-- ``(I) the Bank submitted the report required by section 7(a) of the Export- Import Bank Reauthorization Act of 2014; ``(II) the Secretary of the Treasury submitted the report required to be submitted during the preceding fiscal year under section 11(b) of the Export-Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a-5(b)); and ``(III) the rate calculated under section 8(g)(1) of this Act is less than 2 percent for the quarter ending with the beginning of the fiscal year, or for any quarter in the fiscal year; and ``(ii) the applicable amount for fiscal year 2017 shall be $155,000,000,000, and the applicable amount for fiscal year 2018 and each fiscal year thereafter shall be $160,000,000,000, if-- ``(I) the Secretary of the Treasury submitted the report required to be submitted during the preceding fiscal year under section 11(b) of the Export- Import Bank Reauthorization Act of 2012 (12 U.S.C. 635a-5(b)); and ``(II) the rate calculated under section 8(g)(1) of this Act is less than 2 percent for the quarter ending with the beginning of the fiscal year, or for any quarter in the fiscal year.''. SEC. 6. DUAL-USE EXPORTS. Section 1(c) of Public Law 103-428 (12 U.S.C. 635 note) is amended by striking ``2014'' and inserting ``2019''. SEC. 7. EXPOSURE LIMIT BUSINESS PLAN. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Export-Import Bank of the United States shall submit to Congress and the Comptroller General of the United States a report that contains the following: (1) A business plan that includes-- (A) an estimate by the Bank of the appropriate exposure limits of the Bank for fiscal years 2015 through 2019; (B) a justification for the estimate; and (C) an estimate of any anticipated growth of the Bank during fiscal years 2015 through 2019, disaggregated by-- (i) industry sector; (ii) whether the products involved are short-term loans, medium-term loans, long-term loans, insurance, medium-term guarantees, or long-term guarantees; and (iii) key market. (2) An analysis of the potential for increased or decreased risk of loss to the Bank as a result of the estimated exposure limit, including an analysis of increased or decreased risks associated with changes in the composition of Bank exposure, disaggregated by industry sector, product offered, and key market. (3) An analysis of the ability of the Bank to meet its mandates with respect to small business and sub-Saharan Africa and comply with its carbon policy mandate under the proposed exposure limit, and an analysis of any increased or decreased risk of loss associated with meeting or complying with the mandates under the proposed exposure limit. (4) An analysis of the adequacy of the resources of the Bank to effectively process, approve, and monitor authorizations, including the conducting of required economic impact analyses, under the proposed exposure limit. (b) Review of Report and Business Plan by Government Accountability Office.--Not later than 180 days after receiving the report and business plan submitted under subsection (a), the Comptroller General of the United States shall submit to Congress a report analyzing the report and business plan. The report of the Comptroller General shall include such recommendations with respect to the report and business plan as the Comptroller General considers appropriate. SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON MEDIUM-TERM FINANCING PROGRAMS. (a) Study.--The Comptroller General of the United States shall conduct a study of the medium-term financing programs of the Export- Import Bank of the United States-- (1) to identify practices that may pose risks to the taxpayer, the soundness of such programs, or compliance with Bank policies; (2) to identify practices that may limit the use of such programs by businesses qualified for such programs; and (3) to assess any steps the Bank has taken to address practices identified under paragraph (1) or (2). (b) Consideration of Past Findings.--In conducting the study required by subsection (a), the Comptroller General shall consider past findings by the Inspector General of the Export-Import Bank of the United States on the matters covered by the study. (c) Report.--Not later than one year after the date of the enactment of this Act, the Comptroller General 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 results of the study required by subsection (a). The report shall include such recommendations for additional action as the Comptroller General considers appropriate.

Export-Import Bank Reauthorization Act of 2014 - Amends the Export-Import Bank Act of 1945 to reauthorize the Export-Import Bank of the United States through FY2019. Extends, for FY2015-FY2019, the Bank's authority to use a specified amount of its surplus for information technology system updates. Extends, through FY2019, the termination date of the sub-Saharan Africa advisory committee. Prescribes limitations on outstanding Bank loans, guarantees, and insurance for FY2015-FY2018 and each fiscal year thereafter. Extends, through FY2019, Bank authority to provide financing for the export of nonlethal defense articles and defense services whose primary end use is for civilian purposes. Directs the Bank to submit to Congress and the Comptroller General (GAO) a business plan that includes an estimate of the Bank's appropriate exposure limits for FY2015-FY2019. Directs GAO to study the Bank's medium-term financing programs.

Export-Import Bank Reauthorization Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Consular Notification Compliance Act of 2011''. SEC. 2. PURPOSE AND STATEMENT OF AUTHORITY. (a) Purpose.--The purpose of this Act is to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and any comparable provision of a bilateral international agreement addressing consular notification and access. (b) Statement of Authority.--This Act is enacted pursuant to authority contained in articles I and VI of the Constitution of the United States. SEC. 3. CONSULAR NOTIFICATION AND ACCESS. (a) In General.--As required under, and consistent with, Article 36 of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and any comparable provision of a bilateral international agreement addressing consular notification and access, if an individual who is not a national of the United States is detained or arrested by an officer or employee of the Federal Government or a State or local government, the arresting or detaining officer or employee, or other appropriate officer or employee of the Federal Government or a State or local government, shall notify that individual without delay that the individual may request that the consulate of the foreign state of which the individual is a national be notified of the detention or arrest. (b) Notice.-- (1) In general.--The consulate of the foreign state of which an individual detained or arrested is a national shall be notified without delay if the individual requests consular notification under subsection (a), and an appropriate officer or employee of the Federal Government or a State or local government shall provide any other consular notification required by an international agreement. (2) First appearance.--If an appropriate officer or employee of the Federal Government or a State or local government has not notified the consulate described in paragraph (1) regarding an individual who is detained pending criminal charges and the individual requests notification or notification is mandatory under a bilateral international agreement, notification shall occur not later than the first appearance of the individual before the court with jurisdiction over the charge. (c) Communication and Access.--An officer or employee of the Federal Government or a State or local government (including an officer or employee in charge of a facility where an individual who is not a national of the United States is held following detention or arrest) shall reasonably ensure that the individual detained or arrested is able to communicate freely with, and be visited by, officials of the consulate of the foreign state of which the individual detained or arrested is a national, consistent with the obligations described in section 2(a). (d) No Cause of Action.--Nothing in this section is intended to create any judicially or administratively enforceable right or benefit, substantive or procedural, by any party against the United States, its departments, agencies, or other entities, its officers or employees, or any other person or entity, including, an officer, employee, or agency of a State or local government. SEC. 4. PETITION FOR REVIEW. (a) In General.-- (1) Jurisdiction.--Notwithstanding any other provision of law, a Federal court shall have jurisdiction to review the merits of a petition claiming a violation of Article 36(1) (b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access, filed by an individual convicted and sentenced to death by any Federal or State court before the date of enactment of this Act. (2) Date for execution.--If a date for the execution of an individual described in paragraph (1) has been set, the court shall grant a stay of execution if necessary to allow the court to review a petition filed under paragraph (1). (3) Standard.--To obtain relief, an individual described in paragraph (1) shall make a showing of actual prejudice to the criminal conviction or sentence as a result of the violation. The court may conduct an evidentiary hearing if necessary to supplement the record and, upon a finding of actual prejudice, shall order a new trial or sentencing proceeding. (4) Limitations.-- (A) In general.--A petition for review under this section shall be filed within 1 year of the later of-- (i) the date of enactment of this Act; (ii) the date on which the Federal or State court judgment against the individual described in paragraph (1) became final by the conclusion of direct review or the expiration of the time for seeking such review; or (iii) the date on which the impediment to filing a petition created by Federal or State action in violation of the Constitution or laws of the United States is removed, if the individual described in paragraph (1) was prevented from filing by such Federal or State action. (B) Tolling.--The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward the 1-year period of limitation. (5) Habeas petition.--A petition for review under this section shall be part of the first Federal habeas corpus application or motion for Federal collateral relief under chapter 153 of title 28, United States Code, filed by an individual, except that if an individual filed a Federal habeas corpus application or motion for Federal collateral relief before the date of enactment of this Act or if such application is required to be filed before the date that is 1 year after the date of enactment of this Act, such petition for review under this section shall be filed not later than 1 year after the enactment date or within the period prescribed by paragraph (4)(A)(iii), whichever is later. No petition filed in conformity with the requirements of the preceding sentence shall be considered a second or successive habeas corpus application or subjected to any bars to relief based on pre- enactment proceedings other than as specified in paragraph (3). (6) Appeal.-- (A) In general.--A final order on a petition for review under paragraph (1) shall be subject to review on appeal by the court of appeals for the circuit in which the proceeding is held. (B) Appeal by petitioner.--An individual described in paragraph (1) may appeal a final order on a petition for review under paragraph (1) only if a district or circuit judge issues a certificate of appealability. A district judge or circuit judge may issue a certificate of appealability under this subparagraph if the individual has made a substantial showing of actual prejudice to the criminal conviction or sentence of the individual as a result of a violation of Article 36(1) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a comparable provision of a bilateral international agreement addressing consular notification and access. (b) Violation.-- (1) In general.--An individual not covered by subsection (a) who is arrested, detained, or held for trial on a charge that would expose the individual to a capital sentence if convicted may raise a claim of a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or of a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court with jurisdiction over the charge. Upon a finding of such a violation-- (A) the consulate of the foreign state of which the individual is a national shall be notified immediately by the detaining authority, and consular access to the individual shall be afforded in accordance with the provisions of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or the comparable provisions of a bilateral international agreement addressing consular notification and access; and (B) the court-- (i) shall postpone any proceedings to the extent the court determines necessary to allow for adequate opportunity for consular access and assistance; and (ii) may enter necessary orders to facilitate consular access and assistance. (2) Evidentiary hearings.--The court may conduct evidentiary hearings if necessary to resolve factual issues. (3) Rule of construction.--Nothing in this subsection shall be construed to create any additional remedy. SEC. 5. DEFINITIONS. In this Act-- (1) the term ``national of the United States'' has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and (2) the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

Consular Notification Compliance Act of 2011 - States that the purpose of this Act is to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations (Convention) and any comparable provision of a bilateral international agreement addressing consular notification and access. Requires that: (1) an individual who is not a U.S. national who is detained or arrested by a federal, state, or local officer or employee be notified that such individual may request that his or her consulate be notified of the detention or arrest; (2) if so requested, an appropriate official shall notify the consulate; and (3) if the consulate has not been so notified, notification shall occur not later than the individual's first court appearance. Provides that: (1) a federal court shall have jurisdiction to review a petition claiming a violation of the Convention or a comparable bilateral international agreement addressing consular notification and access filed by an individual convicted and sentenced to death by any federal or state court before the date of enactment of this Act; (2) if an execution date has been set the court shall grant a stay of execution if necessary to allow the court to review a petition; (3) an individual must show actual prejudice to the conviction or sentence resulting from the violation (the court may conduct an evidentiary hearing and, upon a finding of actual prejudice, order a new trial or sentencing proceeding); (4) a petition for review shall be part of the first federal habeas corpus application or motion for federal collateral relief filed by an individual; and (5) a final order on a petition for review shall be subject to appeal if a district or circuit judge issues a certificate of appealability. Permits an individual who is arrested, detained, or held for trial (but not yet convicted and sentenced) on a charge that would expose the individual to a capital sentence to raise a claim of a violation of the Convention or a comparable provision of a bilateral international agreement addressing consular notification and access, at a reasonable time after the individual becomes aware of the violation, before the court of jurisdiction. Requires: (1) notification of the appropriate consulate by the detaining authority and consular access to the individual, and (2) the court to postpone any proceedings if necessary to allow for consular access and assistance. Authorizes the court to conduct evidentiary hearings to resolve factual issues.

A bill to facilitate compliance with Article 36 of the Vienna Convention on Consular Relations, done at Vienna April 24, 1963, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Sex Offenders Access to Children in Our Communities Act of 2010''. SEC. 2. EMPLOYMENT RESTRICTIONS FOR REGISTERED SEX OFFENDERS. (a) In General.--Subtitle A of the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.) is amended by adding at the end the following: ``SEC. 132. EMPLOYMENT RESTRICTIONS FOR REGISTERED SEX OFFENDERS. ``(a) In General.--Each jurisdiction shall prohibit any sex offender registered with the jurisdiction under section 113 from-- ``(1) accepting a position of employment, including a volunteer position, which by the inherent nature of the position places the sex offender in direct and substantial contact with minors; and ``(2) obtaining a permit or permission to carry out an activity or performance that would present direct and substantial contact with minors. ``(b) Definition.--In this section, the term `direct and substantial contact with minors' means-- ``(1) working with minors; ``(2) having the opportunity to be alone with minors; ``(3) spending time specifically with minors; or ``(4) any other activity that is targeted to involve minors.''. (b) Rulemaking Required.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the appropriate agencies of the Federal Government and State and local governments, shall promulgate rules to implement the amendment made by subsection (a). SEC. 3. GRANTS FOR IMPLEMENTATION OF A COMMUNITY ACCESSIBLE SEX OFFENDER REGISTRATION TIPS AND SUPPORT PROGRAM. (a) Definitions.--In this section-- (1) the term ``direct and substantial contact with minors'' means-- (A) working with minors; (B) having the opportunity to be alone with minors; (C) spending time specifically with minors; or (D) any other activity that is targeted to involve minors; (2) the term ``minor'' has the meaning given the term in section 111 of the Sex Offender Notification and Registration Act (42 U.S.C. 16911); (3) the term ``national crime information databases'' has the meaning given the term in section 534 of title 28, United States Code; and (4) the term ``sex offender'' has the meaning given the term in section 111 of the Sex Offender Notification and Registration Act (42 U.S.C. 16911). (b) In General.--The Attorney General may award grants to and enter into contracts with public agencies or nonprofit private organizations, or combinations thereof, to establish the program described in subsection (c). (c) Community Accessible Sex Offender Tips and Support Program Described.--The community accessible sex offender registration tips and support program established under subsection (b) shall-- (1) provide a forum for an individual to submit an anonymous or confidential tip regarding any sex offender required to be registered under the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.) who-- (A) is not complying with the requirements of such Act; (B) is in a position which places the sex offender in direct and substantial contact with minors; or (C) is engaged in-- (i) activities in violation of the conditions of the probation or parole of the sex offender; or (ii) any other criminal activity; (2) enable the analysis and coordination of tips provided under paragraph (1); (3) use existing Internet sex offender registries, public information, and the national crime information databases to compare and contrast information and identify-- (A) sex offenders required to be registered under the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.) who-- (i) are not complying with the requirements of such Act; (ii) are in a position which place the sex offender in direct and substantial contact with minors; or (iii) are engaged in high-risk or criminal activities in violation of the conditions of supervision of the sex offender; and (B) the location of any sex offenders identified under subparagraph (A) in order to aid the taking of appropriate action by law enforcement; and (4) provide a victim of sexual assault, violent crime, and other nonviolent crime who provide information under paragraph (1) with an infrastructure of direct advocacy, therapeutic support, concrete services, and enforcement linkages by certified rape crisis counselors. (d) Access to the National Crime Information Databases.-- Notwithstanding any other provision of law, the Attorney General shall ensure that an agency or organization that is awarded a grant or contract under this section has access to the national crime information databases to the extent that the access is for purposes within the scope of the duties and responsibilities of the agency or organization to assist or support law enforcement agencies in the administration of criminal justice functions relating to sex offenders. (e) Priority.--In making grants or contracts under this section, the Attorney General shall give priority to applications submitted by public agencies or nonprofit private organizations that demonstrate-- (1) success in educating the public regarding Federal, State, and local sex offender registration and notification requirements and restrictions; (2) a responsible use of information collected through an established interactive telephone helpline or Internet Web site; (3) success in collaborating and assisting the public and community organizations in accessing-- (A) sex offender registration and notification information; and (B) minor and adult sexual abuse prevention resources; (4) success in processing tips from the public regarding sex offenders, including the monitoring and management of sex offenders through an established sex offender registration and notification telephone helpline or Internet Web site; (5) experience in providing direct advocacy, therapeutic support, and concrete services to victims of sexual abuse and other violent and nonviolent crimes by certified rape crisis counselors; and (6) success in collaborating with law enforcement agencies-- (A) in the provision of information received from the public regarding sex offenders who are not acting in compliance with the requirements of the Sex Offender Notification and Registration Act (42 U.S.C. 16911 et seq.); and (B) in mitigating the potential threat to public safety of sex offenders who-- (i) are engaged in high-risk or criminal activities; or (ii) are in positions which place the sex offenders in direct and substantial contact with minors. (f) Authorization of Appropriations.--There are authorized to be appropriated $3,000,000 to carry out the grants authorized under subsection (b) for each of fiscal years 2011 through 2015, and such sums as are necessary thereafter. SEC. 4. REDUCING UNNECESSARY PRINTING AND PUBLISHING COSTS OF GOVERNMENT DOCUMENTS. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the head of each Executive agency, as defined in section 105 of title 5, United States Code, to-- (1) determine which Government publications could be made available on Government Web sites and no longer printed; and (2) devise a strategy to reduce overall Government printing costs by not less than a total of $15,000,000 over the 5-year period beginning with fiscal year 2011. (b) Requirement.--In carrying subsection (a), the Director of the Office of Management and Budget shall ensure that essential printed documents that are prepared for individuals who receive benefits under the Social Security program, Medicare beneficiaries, and individuals living in areas with limited Internet access or use continue to remain available in print. SEC. 5. SEVERABILITY. If any provision of this Act or any 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 the amendments made by this Act, and the application of the provisions and amendments to any person or circumstance, shall not be affected by the holding.

Preventing Sex Offenders Access to Children in Our Communities Act of 2010 - Amends the Sex Offender Notification and Registration Act to require jurisdictions subject to such Act (i.e., states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and certain Indian tribes) to prohibit registered sex offenders from: (1) accepting a position of employment, including a volunteer position, which by the inherent nature of the position places such sex offender in direct and substantial contact with minors; or (2) obtaining a permit or permission to carry out an activity or performance that would present direct and substantial contact with minors. Authorizes the Attorney General to award grants and enter into contracts with public agencies or nonprofit private organizations to establish a community accessible sex offender tips and support program to provide for anonymous or confidential tips regarding sex offenders who are not complying with registration or other applicable requirements. Requires the Director of the Office of Management and Budget (OMB) to: (1) coordinate with the head of each executive agency to determine which government publications could be made available on government web sites and no longer printed; (2) devise a strategy to reduce overall government printing costs by not less than $15 million over a five-year period beginning with FY2011; and (3) ensure that essential printed documents continue to be made available to Social Security and Medicare beneficiaries and individuals living in areas with limited Internet access or use.

To protect children from registered sex offenders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Act to Prioritize Spending''. SEC. 2. AMENDMENTS TO SECTIONS 251 AND 275. (a) Adjustments to Discretionary Spending Limits.--In the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike ``through 2002''. (b) Discretionary Spending Limit.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Strike paragraphs (1) through (5) and redesignate paragraph (6) (which relates to fiscal year 2002) as paragraph (1). (2) Redesignate paragraph (7) (which relates to fiscal year 2003) as paragraph (2) and in such redesignated paragraph redesignate subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively, and before subparagraph (B), insert the following new subparagraph: ``(A) for the discretionary category: $746,174,000,000 in new budget authority of which not less than $382,742,000,000 shall be for the defense category and $738,992,000,000 in outlays of which not less than $368,865,000,000 shall be for the defense category;''. (3) Redesignate paragraph (8) as paragraph (3) and in such redesignated paragraph strike ``with respect to fiscal year 2004'', redesignate the remaining matter as subparagraph (C), and before such redesignated matter insert the following: ``(3) with respect to fiscal year 2004-- ``(A) for the discretionary category: $776,975,000,000 in new budget authority of which not less than $400,502,000,000 shall be for the defense category and $804,529,000,000 in outlays of which not less than $387,092,000,000 shall be for the defense category; ``(B) for the highway category: $29,972,000,000 in outlays; and''. (4) Redesignate paragraph (9) as paragraph (4) and in such redesignated paragraph strike ``with respect to fiscal year 2005'', redesignate the remaining matter as subparagraph (B), and before such redesignated matter insert the following: ``(4) with respect to fiscal year 2005-- ``(A) for the discretionary category: $804,455,000,000 in new budget authority of which not less than $421,498,000,000 shall be for the defense category and $829,209,000,000 in outlays of which not less than $408,006,000,000 shall be for the defense category;''. (5) Redesignate paragraph (10) as paragraph (5) and in such redesignated paragraph strike ``with respect to fiscal year 2006'', redesignate the remaining matter as subparagraph (B), and before such redesignated matter insert the following: ``(5) with respect to fiscal year 2006-- ``(A) for the discretionary category: $831,378,000,000 in new budget authority of which not less than $442,515,000,000 shall be for the defense category and $849,064,000,000 in outlays of which not less than $423,377,000,000 shall be for the defense category;''. (6) After paragraph (5), add the following new paragraph: ``(6) with respect to fiscal year 2007, for the discretionary category: $864,998,000,000 in new budget authority of which not less than $464,415,000,000 shall be for the defense category and $873,675,000,000 in outlays of which not less than $437,217,000,000 shall be for the defense category;''. (7) Redesignate paragraphs (11) through (16) as paragraphs (7) through (12), respectively. (c) Adjustments to Discretionary Spending Limits.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (F) and by redesignating subparagraphs (G) and (H) as subparagraphs (C) and (D), respectively, and by inserting after subparagraph (D) (as redesignated) the following new subparagraphs: ``(E) War on terrorism.--(i) If a bill or joint resolution is enacted providing new budget authority for the Department of Defense to prosecute the war on terrorism, the adjustment shall be for fiscal year 2003, $10,000,000,000 in new budget authority and outlays flowing therefrom. ``(ii) An adjustment may not be made under this subparagraph if the funds are designated as an emergency requirement. ``(iii) As used in this subparagraph, the term `budget authority for the Department of defense to prosecute the war on terrorism' means budget authority specifically designated for that purpose in the bill or joint resolution providing the budget authority or specifically designated for that purpose in a bill or joint resolution authorizing funding for the Department of Defense. ``(F) Special education.--(i) If a bill or joint resolution is enacted that provides in excess of $7,529,000,000 in new budget authority for fiscal year 2003 for grants to States authorized under part B of the Individuals with Disabilities Education Act (IDEA), the adjustment shall be for fiscal year 2003, $1,000,000,000 in new budget authority and outlays flowing therefrom. ``(ii) If a bill or joint resolution is enacted that provides at least $9,587,000,000 in new budget authority for fiscal year 2004 for grants to States authorized under part B of the Individuals with Disabilities Education Act (IDEA), the adjustment shall be for fiscal year 2004, $1,752,000,000 in new budget authority and outlays flowing therefrom. ``(iii) If a bill or joint resolution is enacted that provides at least $10,755,000,000 in new budget authority for fiscal year 2005 for grants to States authorized under part B of the Individuals with Disabilities Education Act (IDEA), the adjustment shall be for fiscal year 2005, $2,763,000,000 in new budget authority and outlays flowing therefrom. ``(iv) If a bill or joint resolution is enacted that provides at least $12,047,000,000 in new budget authority for fiscal year 2006 for grants to States authorized under part B of the Individuals with Disabilities Education Act (IDEA), the adjustment shall be for fiscal year 2006, $3,894,000,000 in new budget authority and outlays flowing therefrom. ``(v) If a bill or joint resolution is enacted that provides at least $13,497,000,000 in new budget authority for fiscal year 2007 for grants to States authorized under part B of the Individuals with Disabilities Education Act (IDEA), the adjustment shall be for fiscal year 2007, $5,180,000,000 in new budget authority and outlays flowing therefrom. ``(G) Accrual accounting.--If a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs. ``(H) Reclassification of student aid accounts.--If a bill or joint resolution is enacted that amends the Higher Education Act to make student aid administration subject to annual appropriations, the adjustment shall be: ``(i) for fiscal year 2003, $797,000,000 in additional new budget authority and the outlays flowing therefrom; ``(ii) for fiscal year 2004, $813,000,000 in additional new budget authority and the outlays flowing therefrom; ``(iii) for fiscal year 2005, $833,000,000 in additional new budget authority and the outlays flowing therefrom; ``(iv) for fiscal year 2006, $851,000,000 in additional new budget authority and the outlays flowing therefrom; ``(v) for fiscal year 2007, $871,000,000 in additional new budget authority and the outlays flowing therefrom. ``(I) Highway category.--(i) If a bill or joint resolution is enacted that establishes an obligation limitation in excess of $23,864,000,000 for fiscal year 2003 for programs, projects, and activities within the highway category, the adjustment to the highway category shall be equal to the excess but not to exceed $1,180,000,000 in outlays for fiscal year 2003. ``(ii) Limitation.--An adjustment may only be made under this subparagraph if the bill or joint resolution establishing the obligation limitation provides that the obligation limitation is made available solely for programs, projects, or activities as distributed under section 1102 of the Transportation Equity Act for the 21st Century.''. (d) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2007''.

Congressional Act to Prioritize Spending - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending caps through FY 2007, earmarking funds for the defense category.Requires an adjustment for FY 2003 if new budget authority for the Department of Defense to prosecute the war on terrorism is enacted and such funds are not designated as an emergency requirement.Provides for adjustments for FY 2003 though FY 2007 for new budget authority for grants to States under part B of the Individuals with Disabilities Education Act if certain budget thresholds are met or exceeded.Provides for adjustments if Federal agencies are charged for and receive new budget authority to implement the accrual accounting of the full cost of Federal retirement and health benefits.Provides for adjustments for FY 2003 through FY 2007 if the Higher Education Act is amended to make student aid administration subject to annual appropriations.Provides for an adjustment to the highway category for FY 2003 if a specified obligation limit is exceeded, subject to specified limitations.Extends the Balanced Budget and Emergency Deficit Control Act of 1985 through FY 2007 (currently set to expire after FY 2002).

To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2007.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreation Fee Authority Act of 2000''. SEC. 2. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means-- (A) the National Park Service; (B) the United States Fish and Wildlife Service; (C) the Bureau of Land Management; (D) the Bureau of Reclamation; and (E) the Forest Service. (2) Secretary.--The term ``Secretary'' means-- (A) with respect to the Department of the Interior, the Secretary of the Interior, acting through-- (i) the Director of the National Park Service; (ii) the Director of the United States Fish and Wildlife Service; (iii) the Director of the Bureau of Land Management; or (iv) the Commissioner of Reclamation; and (B) with respect to the Department of Agriculture, the Secretary of Agriculture, acting through the Chief of the Forest Service. SEC. 3. RECREATIONAL FEE PROGRAM. (a) In General.--Notwithstanding section 4 of the Land and Water Conservation Fund Act (16 U.S.C. 460l-6a), effective beginning on October 1, 2001, the Secretary-- (1) may establish, charge, and collect fees for-- (A) admission to an area, site, or project on land under the jurisdiction of an agency; and (B) the use of a recreation area, site, facility, visitor center, equipment, and service (including a reservation) of an agency by an individual or a group; (2) in establishing a fee under this Act, shall-- (A) ensure, to the maximum extent practicable, that the fee is fair and equitable, by taking into consideration-- (i) the direct and indirect cost of the fee to the Federal Government; (ii) the revenue benefits to the Federal Government; (iii) the benefits to the visitor derived from fees; (iv) the cumulative effect of fees charged to the public; (v) the public policy or management objectives served by charging the fee; (vi) the comparable recreation fees charged by other public agencies; (vii) the economic and administrative feasibility of fee collection; and (viii) other pertinent factors; and (B) require that any implementation or alteration of a recreation fee shall be approved in advance by a board of review, to be appointed by the Secretary; (3) may enter into contracts, which may provide for reasonable commissions or reimbursements, with any public or private entity to provide fee collection and processing services; (4) may authorize the use of volunteers to collect fees charged under paragraph (1); (5) may sell and accept-- (A) Golden Eagle Passports, Golden Age Passports, and Golden Access Passports, established under paragraphs (1), (4), and (5), respectively, of section 4(a) of the Land and Water Conservation Fund Act (16 U.S.C. 460l-6a); and (B) National Park Passports established under section 602 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5992); and (6) may develop, sell, and accept single or multiagency passports. (b) Cooperative Agreements.--The Secretary may enter into cooperative agreements with other Federal agencies and State, local, and tribal governments to collect fees at areas, sites, or projects located on land and water under the jurisdiction of the Secretary or the other Federal agency, State, local, or tribal government. (c) Discounted or Free Admission or Use.--In establishing a fee under this Act, the Secretary may provide discounted or free admission or use, as determined to be appropriate by the Secretary, for individuals or groups including-- (1) persons 17 years of age or younger; (2) volunteers; (3) groups from schools or other bona fide educational institutions in cases in which admission or use is for educational purposes; and (4) other entities or individuals that the Secretary determines to be appropriate. (d) Administration.--The Secretary may promulgate such regulations as are necessary to carry out this Act. (e) Distribution of Receipts.-- (1) In general.--Fees collected under subsection (a) shall-- (A) be deposited in a special account in the Treasury established for each agency that collects fees under this Act; and (B) remain available to the Secretary without further Act of appropriation until expended. (2) Distribution.-- (A) In general.--Not less than 80 percent of amounts collected as fees at a specific area, site, or project, as determined by the Secretary, shall remain available for use at the specific area, site, or project at which the fees were collected. (B) Use of fees at noncollection sites.-- (i) In general.--The amounts collected as fees at a specific area, site, or project that are not distributed in accordance with subparagraph (A) shall remain available for use by each agency that collected the fees, on an agency-wide basis. (ii) Use by agency.--Amounts under clause (i) shall be distributed for use in accordance with subsection (f)(1) to units of each agency having the greatest need for funds, as determined by the Secretary. (C) Disbursement under cooperative agreement.-- (i) In general.--A cooperative agreement described in subsection (b) may provide for an initial disbursement of fees collected under the agreement to parties to the agreement. (ii) Remaining amounts.--Fees collected under clause (i) that are retained by an agency shall be distributed under subparagraphs (A) and (B). (f) Expenditures.-- (1) In general.--Amounts available under subsection (e)(2)(A) for expenditure at a specific area, site, or project-- (A) shall be accounted for separately; and (B) may be used for-- (i) repair, maintenance, facility enhancement, and infrastructure (including projects relating to visitor enjoyment, visitor health and safety, visitor access, and environmental compliance); (ii) interpretation, visitor information, visitor services, and signage; (iii) enhancement of habitat; (iv) assessment, protection, preservation, and restoration of natural, cultural, and historical resources; (v) law enforcement relating to public use; and (vi) direct operating or capital costs associated with the fee system authorized by this Act, including-- (I) the costs of fee collections; (II) the costs of notification of fee requirements; (III) the costs of direct infrastructure; (IV) fee management administrative costs; (V) the costs of the bonding of volunteers; (VI) start-up costs; and (VII) the costs of analysis and reporting of program accomplishments and impacts. (2) Remaining amounts.--Amounts available under subsection (e)(2)(B) for expenditure agency-wide-- (A) shall be accounted for separately; and (B) may be used for the purposes described in paragraph (1) for areas, sites, or projects selected by each agency. (3) Prioritization of projects.--In prioritizing expenditures under this subsection for projects, an agency should give high priority to deferred maintenance projects. (g) Signage and Information at Recreation Fee Project Sites.-- (1) In general.--The Secretary shall develop, and require the display of, uniform signage at each unit where work is being performed or services are being provided using recreation fee revenues. (2) Use.--Signs developed under paragraph (1) shall-- (A) inform park visitors of examples of their ``recreation fees at work''; (B) include a contact number and an Internet address where the public may access additional information about the recreation fee program; and (C) be presented in such a way as to inform visitors that recreation fees-- (i) are used at the site from which they are collected; and (ii) are appreciated by the agency and other visitors. (h) Enforcement and Protection of Receipts.-- (1) In general.-- (A) Enforcement.--The Secretary shall enforce payment of the fees authorized by this section. (B) Evidence of nonpayment.--If the display of proof of payment of a fee, or the payment of a fee within a certain time period, is required, failure to display the proof or pay within the time specified shall be considered prima facia evidence of nonpayment. (C) Vehicular violations.--The registered owner and occupants of a vehicle charged for a violation involving the vehicle shall be jointly liable for penalties imposed under this subsection, unless the owner can show that the vehicle was used without the express or implied permission of the owner. (2) Fee collection devices.--It shall be unlawful for a person to-- (A) break into; (B) tamper with; or (C) attempt to break into; with the intent to commit larceny, any device or structure used, in whole or in part, to collect or store fees under this Act. (3) Penalty.-- (A) In general.--A violation relating to a payment of a fee described in paragraph (1) shall be punishable as a Class B misdemeanor. (B) Fee collection devices.--A violation of paragraph (2) shall be punishable-- (i) as a Class B misdemeanor, if the violation results in a loss to the Federal Government in an amount that is less than $10,000; or (ii) as a Class A misdemeanor, if the violation results in a loss to the Federal Government in an amount of $10,000 or more. (i) Funds for Operation and Maintenance.--Income derived from fees collected under this Act shall not be used to displace any funds requested in any budget submission for-- (1) the National Park Service; (2) the United States Fish and Wildlife Service; (3) the Bureau of Land Management; or (4) the Bureau of Reclamation. (j) No Accounting as Revenue Allocations.--Amounts collected under this section shall not be taken into account for purposes of-- (1) section 33 of the Act of July 22, 1937 (commonly known as the ``Bankhead-Jones Farm Tenant Act'') (7 U.S.C. 1012); (2) the Act of May 23, 1908 (16 U.S.C. 500); (3) section 13 of the Act of March 1, 1911 (commonly known as ``Weeks Law'') (16 U.S.C. 500); (4) the Act of March 4, 1913 (16 U.S.C. 501 et seq.); (5) section 401 of the Act of June 15, 1935 (16 U.S.C 715s); (6) chapter 69 of title 31, United States Code; (7) the Act of June 14, 1926 (43 U.S.C. 869-4); (8) section 6 of the Act of May 24, 1939 (43 U.S.C. 1181f et seq.); (9) title II of the Act of August 8, 1937 (43 U.S.C. 1181f- 1 et seq.); and (10) any other provision of law relating to revenue allocations.

Requires at least 80 percent of the fees collected at an area to remain available for use at that area. Provides penalties for the nonpayment of fees.

Recreation Fee Authority Act of 2000

SECTION 1. FINDINGS. The Congress finds the following: (1) Monsignor Ignatius McDermott is a man of unwavering faith, deep compassion, and tireless devotion to helping those who are among the most desperate and needy. (2) In his own words, today's world is over-saturated with a surplus of starters and a famine of finishers: Monsignor McDermott is a finisher. (3) Monsignor McDermott, or ``Father Mac'' as he is affectionately referred to by everyone from the Governor of Illinois to the last wanderer from the street, grew up on Chicago's South Side and was ordained in the priesthood in 1936. (4) From the start of his career, Father Mac found a calling in helping those plagued by dependency on alcohol and drugs. (5) Inspired by experiences in his early work with children neglected due to alcohol abuse, and at a charity near a police ``drunk tank'', Father Mac sought not only to help those who could not help themselves, but to change the very system that had in many ways given up on them. (6) Working toward a solution, Father Mac founded the Addiction Counseling Education Services in 1961, which provided counseling to alcoholics and other substance abusers who had no other means to get help. (7) Later, he would expand his work to the Chicago schools system, where he developed an alcohol education curriculum and fostered Alternatives to Expulsion, a program to help teachers salvage addicted teenagers who were willing to give up drinking and drugs and resume their studies. (8) This program worked so well that it was incorporated into State of Illinois educational practices. (9) Father Mac's work has had a lasting impact on the treatment community as a whole; in 1963, he founded the Central States Institute of Addiction, a nonprofit charitable organization providing instruction to social workers and counselors regarding addiction and dependency. (10) This Institute is only one of numerous programs begun through his inspiration and dedication that continue to function to the benefit of many. (11) Father Mac's lifelong concern for the homeless inebriate and for families split by alcoholism has also met with matching public attitudes. (12) His work helped first bring to light the problems of drinking and driving, provide treatment services to pregnant mothers suffering from addiction, and to decriminalize the public inebriate. (13) This latter breakthrough led to his creating the Chicago Clergy Association for the Homeless Person, and the founding of Haymarket Center at the age of 75, a time when most people are ready to retire. (14) Father Mac is now 94, and Haymarket Center is the largest drug abuse treatment center in the City of Chicago providing integrated treatment services for an average of 18,000 clients annually, and serving as a model for other treatment programs throughout the Nation. (15) As the Nation renews its commitment to addiction disorders, Father Mac continues what has become a lifelong pursuit of helping others raise themselves from the depths of their personal struggles with addiction. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to Monsignor Ignatius McDermott, in recognition of his contribution to the drug treatment community, and his accomplishments as a priest and humanitarian. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Monsignor Ignatius McDermott (founder of Haymarket Center, the largest drug abuse treatment center in Chicago) in recognition of his contribution to the drug treatment community and his accomplishments as a priest and humanitarian.

To award a congressional gold medal to Monsignor Ignatius McDermott in recognition of his contribution to the drug treatment community, and his accomplishments as a priest and humanitarian.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Home Heating Loan Guarantee Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Heating oil, propane, and natural gas help to keep 70 percent of United States households warm. (2) For 8,000,000 homes alone in the United States, heating oil is the primary source of heating and 6,200,000 of those homes are in the Northeast, including the Central Atlantic States. (3) Over the last year and a half, the retail cost of heating oil has nearly tripled, as follows: (A) In January 2007, a gallon of heating oil cost $1.59. (B) By autumn of 2007, the cost of 1 gallon was $2.75. (C) From October 2008 through March 2009, heating oil is projected to average $4.13 per gallon, an increase of about 25 percent over last winter. (D) Increases in natural gas and propane prices this winter are also projected. (4) Many homeowners, already strapped financially, simply will not be able to heat their homes this winter. (5) In Northeastern Pennsylvania this winter, the average homeowner who uses 950 gallons of home heating oil will have to pay between $3,000 to $4,000 for heating. (6) While the Low Income Home Energy Assistance Program operated by the Secretary of Health and Human Services through the Administration for Children and Families (the program is commonly referred to as ``LIHEAP'') is a big help to consumers, the Program by itself is not enough to meet the challenge and the Congress should act to increase its funding as a separate matter. (7) Heating oil dealers have faced and will continue to face tremendous stress because of the price increase. (8) Home heating oil dealers suffered cash flow problems in the Winter of 2007-2008 and, with such large price increases, the problems will only get worse in the Winter of 2008-2009. (9) In the usage of trade in the home heating oil supply and distribution system, home heating oil dealers must typically pay suppliers within 10 days of delivery of oil. (10) If customers cannot make timely payments to dealers, dealers, in turn, lack the cash to pay suppliers to keep supplies flowing to consumers. SEC. 3. GUARANTEED DEPOSITORY INSTITUTION LOANS TO HOME HEATING SUPPLIERS. (a) Definitions.--For purposes of this section, the following definitions shall apply: (1) Consumer.--The term ``consumer'' means an individual or household who acquires goods or services from a home heating supplier primarily for personal, family, or household purposes. (2) Depository institution.--The term ``depository institution'' has the same meaning as in section 19(b)(1)(A) of the Federal Reserve Act. (3) Eligible consumer.--The term ``eligible consumer means'' means any individual or household whose household income for the last year ending before any receiving any loan under this section did not exceed an amount equal to 150 percent of the national median household income for such year. (4) Qualified home heating loan.--The term ``qualified home heating loan'' means an unsecured consumer loan to an eligible consumer that is made for the sole purpose of paying a home heating supplier for home heating supplies delivered by such supplier (or to be delivered), or repairs made by the supplier to broken home heating equipment or leaking or frozen lines, during the 2008-2009 home heating season. (5) Home heating supplier.--The term ``home heating supplier'' means a business engaged in retail distribution of heating oil, propane, or natural gas to consumers. (6) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (b) Loan Guarantees Authorized.--Subject to the requirements of this section and to the extent and in such amounts as are provided in advance in appropriation Acts, the Secretary may guarantee qualified home heating loans made by depository institutions during the 2008-2009 home heating season when the Secretary determines that such action is necessary to minimize disruptions in the supply and distribution of home heating resources due to the inability of customers of the suppliers to pay for home heating supplies delivered by such supplier or repairs made by the supplier to broken home heating equipment or leaking or frozen lines. (c) Terms and Conditions.-- (1) Annual percentage rate.--The interest imposed on any qualified home heating loan that is guaranteed by the Secretary under this section shall be at a fixed rate and the annual percentage rate (as determined in accordance with the Truth in Lending Act) with respect to such loan may not exceed 5 percent. (2) Origination fees.--The total amount of loan origination fees imposed in connection with any qualified home heating loan that is guaranteed by the Secretary under this section, in accordance with regulations which the Secretary shall prescribe, may not exceed an amount equal to 1 percent of the principal of the loan. (3) Maximum loan amount.--The amount of any credit extended under any qualified home heating loan that is guaranteed by the Secretary under this section may not exceed $5,000. (4) Repayment period.--Any qualified home heating loan that is guaranteed by the Secretary under this section shall be fully amortized under a repayment schedule that requires full repayment before the end of the 2-year period beginning on the date the loan is consummated. (5) Other terms and conditions.--The Secretary may establish by regulation such additional terms and conditions that shall apply with regard to qualified home heating loans as the Secretary may determine to be appropriate. (d) Provisions Relating to Program.-- (1) Distribution of proceeds.--To accelerate the distribution of loan proceeds and limit fraud, the Secretary may require, by regulation, that the proceeds of a qualified home heating loan to be disbursed directly to a home heating supplier designated by the consumer, except that the Secretary may also require that the consumer cosign for any disbursement of such proceeds when necessary for the protection of consumers. (2) Background checks.--The Secretary may take such action as appropriate, or require such verification by a depository institution as appropriate, to ascertain-- (A) the character and creditworthiness of a home heating supplier, including any owner or managing directors or employees of the supplier, and any consumer seeking to qualify for a home heating loan; and (B) the effectiveness of the consumer operations of the home heating supplier established to meet the requirements of the Secretary under paragraph (1). (3) Overall loan limits.--The Secretary may, by regulation establish such criteria and requirements, as the Secretary may determine to be appropriate with respect to-- (A) the total number of loans or the aggregate loan amounts guaranteed under this section that are made to customers of any single home heating supplier or by any depository institution; and (B) the total number of loans or the aggregate loan maximum loan amounts guaranteed under this section that are made to customers of home heating suppliers, or by depository institutions, operating in a geographical area or region as the Secretary may prescribe. (4) Self-certification.--To expedite implementation of the program, a depository institution may self-certify that any consumer loan and any consumer meets the eligibility standards for a qualified home heating loan in order to obtain the guarantee with respect to a home heating loan to such consumer, except that any guarantee of such loan shall be subject to a demonstration by such depository institution that the loan actually met such eligibility standards if the depository institution submits a claim to the Secretary with regard to such guarantee in the event of nonpayment by the consumer. (e) Enforcement.--The Secretary may exercise any power or authority of the Secretary arising under any other provision of law, including section 5318 of title 31, United States Code, to carry out this section and enforce any provision of this section or any requirement or obligation arising under this section or any regulation prescribed under this section.

Home Heating Loan Guarantee Act of 2008 - Authorizes the Secretary of the Treasury to guarantee qualified home heating loans made by depository institutions during the 2008-2009 home heating season if necessary to minimize disruptions in the supply and distribution of home heating resources because of the inability of customers of the suppliers to pay for home heating supplies or repairs made to broken home heating equipment or leaking or frozen lines. Sets forth terms and conditions governing the loan guarantee, including overall loan limits.

To authorize the Secretary of the Treasury, on an emergency basis, to guarantee loans made by depository institutions during the 2008-2009 heating season to eligible consumers, under certain conditions, for home heating purchases and repairs, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Nonprofit Organizations Tax-Exempt Bond Reform Act of 1993''. SEC. 2. TAX TREATMENT OF 501(c)(3) BONDS SIMILAR TO GOVERNMENTAL BONDS. (a) In General.--Subsection (a) of section 150 of the Internal Revenue Code of 1986 (relating to definitions and special rules) is amended by striking paragraphs (2) and (4), by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Exempt person.-- ``(A) In general.--The term `exempt person' means-- ``(i) a governmental unit, or ``(ii) a 501(c)(3) organization, but only with respect to its activities which do not constitute unrelated trades or businesses as determined by applying section 513(a). ``(B) Governmental unit not to include federal government.--The term `governmental unit' does not include the United States or any agency or instrumentality thereof. ``(C) 501(c)(3) organization.--The term `501(c)(3) organization' means any organization described in section 501(c)(3) and exempt from tax under section 501(a).'' (b) Repeal of Qualified 501(c)(3) Bond Designation.--Section 145 of such Code (relating to qualified 501(c)(3) bonds) is repealed. (c) Conforming Amendments.-- (1) Paragraph (3) of section 141(b) of such Code is amended-- (A) by striking ``government use'' in subparagraph (A)(ii)(I) and subparagraph (B)(ii) and inserting ``exempt person use'', (B) by striking ``a government use'' in subparagraph (B) and inserting ``an exempt person use'', (C) by striking ``related business use'' in subparagraph (A)(ii)(II) and subparagraph (B) and inserting ``related private business use'', (D) by striking ``related business use'' in the heading of subparagraph (B) and inserting ``related private business use'', and (E) by striking ``government use'' in the heading thereof and inserting ``exempt person use''. (2) Subparagraph (A) of section 141(b)(6) of such Code is amended by striking ``a governmental unit'' and inserting ``an exempt person''. (3) Paragraph (7) of section 141(b) of such Code is amended-- (A) by striking ``government use'' and inserting ``exempt person use'', and (B) by striking ``Government use'' in the heading thereof and inserting ``Exempt person use''. (4) Section 141(b) of such Code is amended by striking paragraph (9). (5) Paragraph (1) of section 141(c) of such Code is amended by striking ``governmental units'' and inserting ``exempt persons''. (6) Section 141 of such Code is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Certain Issues Used To Provide Residential Rental Housing for Family Units.-- ``(1) In general.--Except as provided in paragraph (2), for purposes of this title, the term `private activity bond' includes any bond issued as part of an issue if any portion of the net proceeds of the issue are to be used (directly or indirectly) by an exempt person described in section 150(a)(2)(A)(ii) to provide residential rental property for family units. ``(2) Exception for bonds used to provide qualified residential rental projects.--Paragraph (1) shall not apply to any bond issued as part of an issue if the portion of such issue which is to be used as described in paragraph (1) is to be used to provide-- ``(A) a residential rental property for family units if the first use of such property is pursuant to such issue, ``(B) qualified residential rental projects (as defined in section 142(d)), or ``(C) property which is to be substantially rehabilitated in a rehabilitation beginning within the 2-year period ending 1 year after the date of the acquisition of such property. ``(3) Substantial rehabilitation.-- ``(A) In general.--Except as provided in subparagraph (B), rules similar to the rules of section 47(c)(1)(C) shall apply in determining for purposes of paragraph (2)(C) whether property is substantially rehabilitated. ``(B) Exception.--For purposes of subparagraph (A), clause (ii) of section 47(c)(1)(C) shall not apply, but the Secretary may extend the 24-month period in section 47(c)(1)(C)(i) where appropriate due to circumstances not within the control of the owner. ``(4) Certain property treated as new property.--Solely for purposes of determining under paragraph (2)(A) whether the 1st use of property is pursuant to tax-exempt financing-- ``(A) In general.--If-- ``(i) the 1st use of property is pursuant to taxable financing, ``(ii) there was a reasonable expectation (at the time such taxable financing was provided) that such financing would be replaced by tax-exempt financing, and ``(iii) the taxable financing is in fact so replaced within a reasonable period after the taxable financing was provided, then the 1st use of such property shall be treated as being pursuant to the tax-exempt financing. ``(B) Special rule where no operating state or local program for tax-exempt financing.--If, at the time of the 1st use of property, there was no operating State or local program for tax-exempt financing of the property, the 1st use of the property shall be treated as pursuant to the 1st tax-exempt financing of the property. ``(C) Definitions.--For purposes of this paragraph-- ``(i) Tax-exempt financing.--The term `tax- exempt financing' means financing provided by tax-exempt bonds. ``(ii) Taxable financing.--The term `taxable financing' means financing which is not tax-exempt financing.'' (7) Section 141(f) of such Code, as redesignated by paragraph (6), is amended-- (A) by adding ``or'' at the end of subparagraph (E), (B) by striking ``, or'' at the end of subparagraph (F), and inserting in lieu thereof a period, and (C) by striking subparagraph (G). (8) The last sentence of section 144(b)(1) of such Code is amended by striking ``(determined'' and all that follows to the period. (9) Clause (ii) of section 144(c)(2)(C) of such Code is amended by striking ``governmental unit'' and inserting ``exempt person''. (10) Section 146(g) of such Code is amended-- (A) by striking paragraph (2), and (B) by redesignating the remaining paragraphs after paragraph (1) as paragraphs (2) and (3), respectively. (11) The heading of section 146(k)(3) of such Code is amended by striking ``governmental'' and inserting ``exempt person''. (12) The heading of section 146(m) of such Code is amended by striking ``Government'' and inserting ``Exempt Person''. (13) Subsection (h) of section 147 of such Code is amended to read as follows: ``(h) Certain Rules Not To Apply to Mortgage Revenue Bonds and Qualified Student Loan Bonds.--Subsections (a), (b), (c), and (d) shall not apply to any qualified mortgage bond, qualified veterans' mortgage bond, or qualified student loan bond.'' (14) Section 147 of such Code is amended by striking paragraph (4) of subsection (b) and redesignating paragraph (5) of such subsection as paragraph (4). (15) Subparagraph (F) of section 148(d)(3) of such Code is amended-- (A) by striking ``or which is a qualified 501(c)(3) bond'', and (B) by striking ``governmental use bonds and qualified 501(c)(3)'' in the heading thereof and inserting ``exempt person''. (16) Subclause (II) of section 148(f)(4)(B)(ii) of such Code is amended by striking ``(other than a qualified 501(c)(3) bond)''. (17) Clause (iv) of section 148(f)(4)(C) of such Code is amended-- (A) by striking ``a governmental unit or a 501(c)(3) organization'' each place it appears and inserting ``an exempt person'', and (B) by striking ``qualified 501(c)(3) bonds,''. (18) Subparagraph (A) of section 148(f)(7) of such Code is amended by striking ``(other than a qualified 501(c)(3) bond)''. (19) Paragraph (2) of section 149(d) of such Code is amended-- (A) by striking ``(other than a qualified 501(c)(3) bond)'', and (B) by striking ``Certain private'' in the heading thereof and inserting in lieu thereof ``Private''. (20) Section 149(e)(2) of such Code is amended-- (A) by striking ``which is not a private activity bond'' in the second sentence and inserting ``which is a bond issued for an exempt person described in section 150(a)(2)(A)(i)'', and (B) by adding at the end thereof the following new sentence: ``Subparagraph (D) shall not apply to any bond which is not a private activity bond but which would be such a bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person.'' (21) The heading of subsection (b) of section 150 of such Code is amended by striking ``Tax-Exempt Private Activity Bonds'' and inserting ``Certain Tax-Exempt Bonds''. (22) Paragraph (3) of section 150(b) of such Code is amended-- (A) by inserting ``owned by a 501(c)(3) organization'' after ``any facility'' in subparagraph (A), (B) by striking ``any private activity bond which, when issued, purported to be a tax-exempt qualified 501(c)(3) bond'' in subparagraph (A) and inserting ``any bond which, when issued, purported to be a tax- exempt bond, and which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person'', and (C) by striking the heading thereof and inserting ``Bonds for exempt persons other than governmental units.--''. (23) Paragraph (5) of section 150(b) of such Code is amended-- (A) by striking ``private activity'' in subparagraph (A), (B) by inserting ``and which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person'' after ``tax-exempt bond'' in subparagraph (A), (C) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) such facility is required to be owned by an exempt person, and'', and (D) by striking ``governmental units or 501(c)(3) organizations'' in the heading thereof and inserting ``exempt persons''. (24) Section 150 of such Code is amended by adding at the end thereof the following new subsection: ``(f) Certain Rules To Apply to Bonds for Exempt Persons Other Than Governmental Units.-- ``(1) In general.--Nothing in section 103(a) or any other provision of law shall be construed to provide an exemption from Federal income tax for interest on any bond which would be a private activity bond if the 501(c)(3) organization using the proceeds thereof were not an exempt person unless such bond satisfies the requirements of subsections (b) and (f) of section 147. ``(2) Special rule for pooled financing of 501(c)(3) organization.-- ``(A) In general.--At the election of the issuer, a bond described in paragraph (1) shall be treated as meeting the requirements of section 147(b) if such bond meets the requirements of subparagraph (B). ``(B) Requirements.--A bond meets the requirements of this subparagraph if-- ``(i) 95 percent or more of the net proceeds of the issue of which such bond is a part are to be used to make or finance loans to 2 or more 501(c)(3) organizations or governmental units for acquisition of property to be used by such organizations, ``(ii) each loan described in clause (i) satisfies the requirements of section 147(b) (determined by treating each loan as a separate issue), ``(iii) before such bond is issued, a demand survey was conducted which shows a demand for financing greater than an amount equal to 120 percent of the lendable proceeds of such issue, and ``(iv) 95 percent or more of the net proceeds of such issue are to be loaned to 501(c)(3) organizations or governmental units within 1 year of issuance and, to the extent there are any unspent proceeds after such 1- year period, bonds issued as part of such issue are to be redeemed as soon as possible thereafter (and in no event later than 18 months after issuance). A bond shall not meet the requirements of this subparagraph if the maturity date of any bond issued as part of such issue is more than 30 years after the date on which the bond was issued (or, in the case of a refunding or series of refundings, the date on which the original bond was issued).'' (25) Section 1302 of the Tax Reform Act of 1986 is repealed. (26) Subparagraph (C) of section 57(a)(5) of such Code is amended by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively. (27) Paragraph (3) of section 103(b) of such Code is amended by inserting ``and section 150(f)'' after ``section 149''. (28) Paragraph (3) of section 265(b) of such Code is amended-- (A) by striking clause (ii) of subparagraph (B) and inserting the following: ``(ii) Certain bonds not treated as private activity bonds.--For purposes of clause (i)(II), there shall not be treated as a private activity bond any obligation issued to refund (or which is part of a series of obligations issued to refund) an obligation issued before August 8, 1986, which was not an industrial development bond (as defined in section 103(b)(2) as in effect on the day before the date of the enactment of the Tax Reform Act of 1986 (or a private loan bond (as defined in section 103(o)(2)(A), as so in effect, but without regard to any exemption from such definition other than section 103(o)(2)(A)))).''; and (B) by striking ``(other than a qualified 501(c)(3) bond, as defined in section 145)'' in subparagraph (C)(ii)(I). (f) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. (2) Special rule for certain bonds issued after date of enactment.-- (A) In general.--The amendments made by this section shall not apply to any bond which-- (i) is issued after the date of the enactment of this Act, and (ii) is part of an issue which is subject to any transitional rule under subtitle B of title XIII of the Tax Reform Act of 1986. (B) Election out.--This paragraph shall not apply to any issue with respect to which the issuer elects not to have this paragraph apply. (3) Delayed effective date with respect to small issuer rules.--For purposes of section 148(f)(4)(D) of the Internal Revenue Code of 1986, the amendments made by this section shall apply to bonds issued in calendar years beginning after the date of the enactment of this Act.

Nonprofit Organizations Tax-Exempt Bond Reform Act of 1993 - Amends the Internal Revenue Code to provide for the tax treatment of bonds of certain nonprofit tax-exempt organizations in a manner similar to governmental bonds.

Nonprofit Organizations Tax-Exempt Bond Reform Act of 1993

SECTION 1. PAYMENT OF IRAQI CLAIMS. (a) Vesting of Assets.--All nondiplomatic accounts of the Government of Iraq in the United States that have been blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) shall vest in the President, and the President, not later than 30 days after the date of the enactment of this Act, shall liquidate such accounts. Amounts from such liquidation shall be transferred into the Iraq Claims Fund established under subsection (b). (b) Iraq Claims Fund.--Upon the vesting of accounts under subsection (a), the Secretary of the Treasury shall establish in the Treasury of the United States a fund to be known as the Iraq Claims Fund (hereafter in this section referred to as the ``Fund'') for payment of private claims or United States Government claims in accordance with subsection (c). (c) Payments.-- (1) Payments on private claims.--Not later than 2 years after the date of the enactment of this Act, the Secretary of the Treasury shall make payment out of the Fund in ratable proportions on private claims certified under subsection (e) according to the proportions which the total amount of the private claims so certified bear to the total amount in the Fund that is available for distribution at the time such payments are made. (2) Payments on united states government claims.--After payment has been made in full out of the Fund on all private claims certified under subsection (e), any funds remaining in the Fund shall be made available to satisfy claims of the United States Government against the Government of Iraq determined under subsection (d). (d) Determination of Validity of United States Government Claims.-- The President shall determine the validity and amounts of claims of the Government of the United States against the Government of Iraq which the Secretary of State has determined are outside the jurisdiction of the United Nations Commission, and, to the extent that such claims are not satisfied from funds made available by the Fund, the President is authorized and requested to enter into a settlement agreement with the Government of Iraq which would provide for the payment of such unsatisfied claims. (e) Determination of Private Claims.-- (1) Authority of the foreign claims settlement commission.--The Foreign Claims Settlement Commission of the United States is authorized to receive and determine, in accordance with substantive law, including international law, the validity and amounts of private claims under this section. The Commission shall complete its affairs in connection with the determination of private claims under this section within such time as is necessary to allow the payment of the claims under subsection (c)(1). (2) Applicability.--Except to the extent inconsistent with the provisions of this section, the provisions of title I of the International Claims Settlement Act of 1949 (22 U.S.C. 1621 et seq.) shall apply with respect to private claims under this section. Any reference in such provisions to ``this title'' shall be deemed to refer to those provisions and to this section. (3) Certification.--The Foreign Claims Settlement Commission shall certify to the Secretary of the Treasury the awards made in favor of each private claim under paragraph (1). (f) Unsatisfied Claims.--Payment of any award made pursuant to this section shall not extinguish any unsatisfied claim, or be construed to have divested any claimant, or the United States on his or her behalf, of any rights against the Government of Iraq with respect to any unsatisfied claim. (g) Definitions.--As used in this section-- (1) the term ``Government of Iraq'' includes agencies, instrumentalities, and controlled entities (including public sector enterprises) of that government; (2) the term ``private claims'' mean claims of United States persons against the Government of Iraq that are determined by the Secretary of State to be outside the jurisdiction of the United Nations Commission; (3) the term ``United Nations Commission'' means the United Nations Compensation Commission established pursuant to United Nations Security Council Resolution 687, adopted in 1991; and (4) the term ``United States person''-- (A) includes-- (i) any person, wherever located, who is a citizen of the United States; (ii) any corporation, partnership, association, or other legal entity organized under the laws of the United States or of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States; and (iii) any corporation, partnership, association, or other organization, wherever organized or doing business, which is owned or controlled by persons described in clause (i) or (ii); and (B) does not include the United States Government or any officer or employee of the United States Government acting in an official capacity.

Declares that all nondiplomatic accounts of the Government of Iraq in the United States that have been blocked pursuant to the International Emergency Economic Powers Act shall vest in, and be liquidated by, the President. Directs the Secretary of the Treasury, upon the vesting of the accounts, to establish within the Treasury the Iraq Claims Fund for payment of private or U.S. Government claims. Requires the President to determine the validity and amounts of U.S. Government claims against the Government of Iraq. Authorizes the Foreign Claims Settlement Commission of the United States to receive and determine the validity and amounts of private claims against Iraq.

A bill to provide for the adjudication and payment of certain claims against the Government of Iraq.

SECTION 1. MODIFICATIONS TO CARBON DIOXIDE SEQUESTRATION CREDIT. (a) Allocation and Certification of Credit.-- (1) In general.--Subsection (e) of section 45Q of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Limitation.-- ``(1) Allocation limitation.--No credit shall be allowed under subsection (a) with respect to qualified carbon dioxide captured by carbon capture equipment at a qualified facility for the amount of qualified carbon dioxide captured by such carbon capture equipment in excess of-- ``(A) the portion of the national limitation allocated with respect to such carbon capture equipment under subsection (f), over ``(B) the amount of qualified carbon dioxide captured by such carbon capture equipment during periods after July 31, 2013. ``(2) National limitation.--For purposes of paragraph (1)(A), the national limitation is the excess of-- ``(A) 75,000,000 metric tons of qualified carbon dioxide, over ``(B) the number of metric tons of qualified carbon dioxide captured before August 1, 2013, for which a credit under subsection (a) was allowed.''. (2) Allocation and certification.--Section 45Q of such Code is amended by adding at the end the following new subsection: ``(f) Allocation for and Certification of Carbon Capture Projects.-- ``(1) Establishment of procedures.--Not later than July 1, 2013, the Secretary shall establish, by regulation, processes and procedures-- ``(A) for allocating the national limitation under subsection (e)(2) to projects for placing carbon capture equipment in service at qualified facilities, and ``(B) for certifying projects for which an allocation has been made under subparagraph (A). ``(2) Allocations.-- ``(A) Application.--Each applicant for an allocation under this subsection shall submit an application to the Secretary under such terms and conditions as are established by the Secretary in regulations. ``(B) Priority.--The Secretary shall rank applications received under subparagraph (A) in the following order: ``(i) Applicants with applications received by the Secretary on an earlier date shall be given higher priority than applicants with applications received on a later date. For purposes of this clause, any application received before the date that is 30 days after the procedures and processes described in paragraph (1) are established shall be considered to have been received on such date. ``(ii) In the case of applications received on the same date, those applicants concurrently applying for certification shall be given higher priority. ``(iii) In the case of applications received on the same date and concurrently applying for certification, those projects with the earlier date by which construction commenced shall be given higher priority. ``(C) Allocation to applicants.--Subject to subparagraph (D), the Secretary shall allocate tonnage to each applicant-- ``(i) based on the amount requested on the application, and ``(ii) in order of the rank of the application under subparagraph (B), until the amount of tonnage available under this section is exhausted. Projects for which no or a partial allocation is made shall retain their ranking and shall be eligible to receive an allocation of tonnage previously allocated that is forfeited or recaptured. ``(D) Limitation.--The Secretary may not allocate to any project more than the lesser of-- ``(i) the number of metric tons of qualified carbon dioxide projected to be captured at the qualified facility under the project during the 10-year period beginning on the date on which such project is placed in service, ``(ii) the number of metric tons of qualified carbon dioxide projected to be captured at the qualified facility under the project-- ``(I) which are subject to a written, binding contract for disposal in secure geological storage (whether or not used as a tertiary injectant), or ``(II) for which there is a plan for such disposal by the applicant, or ``(iii) 15,000,000 metric tons of qualified carbon dioxide. ``(E) Reduction for prior credits.--The amount of any allocation under subparagraph (C) to any project shall be reduced by the number of metric tons of carbon dioxide captured by the carbon capture equipment with respect to such project before August 1, 2013, for which a credit was allowed under subsection (a). ``(3) Certification.-- ``(A) In general.--No credit shall be allowed under subsection (a) with respect to any project for using carbon capture equipment to capture qualified carbon dioxide at a qualified facility before the date on which such project is certified under this paragraph. ``(B) Application for certification.--Each project which is allocated a portion of the national limitation shall submit an application for certification to the Secretary containing such information as the Secretary may require. Such application shall be submitted-- ``(i) not later than-- ``(I) 6 months after the date on which such project receives an allocation, and ``(II) 30 days after the later of the date on which the regulations, processes, and procedures are established under paragraph (1) or the construction start date, and ``(ii) not earlier than the construction start date. For purposes of this subparagraph, the term `construction start date' means the earlier of the first date on which physical work on the project of a significant nature is undertaken or the date by which 5 percent or more of the total cost of the project has been spent. ``(C) Revocation of certification.-- ``(i) Materially inaccurate representations.--The Secretary may revoke a certification under this paragraph if the Secretary determines that an applicant has made a materially inaccurate representation with respect to the project. ``(ii) Failure to timely place equipment in service.--A certification under this paragraph shall be revoked in any case in which carbon capture equipment with respect to the project is not placed in service-- ``(I) before the date which is 5 years after the date on which the allocation was issued, in the case of a new industrial facility, or ``(II) before the date which is 3 years after the date on which the allocation was issued, in the case of a modification of an existing industrial facility. ``(D) Reallocation.--In any case-- ``(i) in which a certification is revoked under subparagraph (C), or ``(ii) in which a taxpayer to whom an allocation is made under paragraph (2) fails to obtain certification for a project under this paragraph, the amount of national limitation which was allocated to such project under paragraph (2) shall be reallocated under such rules as established by the Secretary under regulations. ``(4) Public disclosure.-- ``(A) In general.--The Secretary shall, within 30 days of making any allocation, certification, revocation, or change in the ranking of projects, publicly disclose the amount of such allocation, a description of the project for which such allocation, certification, or revocation was made, and the change in the ranking of projects, as the case may be. ``(B) Annual report.--The Secretary shall issue an annual report summarizing credits allocated and available for allocation.''. (3) Conforming amendments.-- (A) Paragraph (2) of section 45Q(c) of such Code is amended by inserting ``which is part of a project which is certified under subsection (f)(3)'' after ``carbon capture equipment''. (B) Paragraph (3) of section 45Q(c) of such Code is amended by striking ``which'' and inserting ``at which such carbon capture equipment''. (b) 10-Year Credit Limitation.--Section 45Q(a) of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (1)(A), by inserting ``during the 10-year period beginning on the later of the date on which the carbon capture equipment described in subsection (c)(1) is placed in service or the date on which the project with respect to such carbon capture equipment was certified under subsection (f)(3)'' after ``qualified facility'', and (2) in paragraph (2)(A), by inserting ``during the 10-year period beginning on the later of the date on which the carbon capture equipment described in subsection (c)(1) is placed in service or the date on which the project with respect to such carbon capture equipment was certified under subsection (f)(3)'' after ``qualified facility''. (c) Definition of Carbon Capture Equipment.--Section 45Q(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) Carbon capture equipment.--The term `carbon capture equipment' means equipment to capture and pressurize qualified carbon dioxide.''. (d) Credit Allowed to Taxpayer Performing Carbon Capture.-- (1) In general.--Paragraph (5) of section 45Q(d) of the Internal Revenue Code of 1986 is amended to read as follows: ``(5) Person to whom credit is allowable.-- ``(A) In general.--Except as provided in subparagraph (B) or in regulations prescribed by the Secretary, any credit under this section shall be allowed to the taxpayer who-- ``(i) captures the qualified carbon dioxide, and ``(ii) through contract or otherwise, disposes of the qualified carbon dioxide in a manner meeting the requirements of paragraph (1)(B) or (2)(C) of subsection (a), as the case may be. ``(B) Election to allow credit to person disposing carbon dioxide.--If the person described in subparagraph (A) makes an election under this subparagraph in such manner as the Secretary may prescribe by regulations, the credit under this section-- ``(i) shall be allowable to the person that disposes of qualified carbon dioxide in a manner meeting the requirements of paragraph (1)(B) or (2)(C) of subsection (a), as the case may be, and ``(ii) shall not be allowable to the person described in subparagraph (A).''. (2) Conforming amendments.-- (A) Section 45Q(a) of such Code is amended by striking ``by the taxpayer'' each place it appears in paragraph (1)(B), (2)(B), and (2)(C). (B) Section 45Q(c) of such Code, as amended by subsection (a), is amended by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (e) Rules Relating to Credit Recapture.--Paragraph (6) of section 45Q(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``Notwithstanding section 7805(b), any regulation issued pursuant to this paragraph shall apply only with respect to qualified carbon dioxide captured or disposed of after the date on which such regulation is filed with the Federal Register.''. (f) Effective Date.--The amendments made by this section shall apply to carbon dioxide captured after July 31, 2013.

Amends the Internal Revenue Code, with respect to the tax credit for carbon dioxide sequestration, to: (1) establish a national limitation for such credit based upon metric tons of qualified carbon dioxide (defined as carbon dioxide captured from an industrial source that would otherwise be released into the atmosphere as industrial emission of greenhouse gas and that is measured at the source of capture and verified at the point of disposal or injection); (2) direct the Secretary of the Treasury to establish processes and procedures for allocating the national limitation and for certifying projects for which an allocation has been made; (3) impose a 10-year limitation period for such credit; (4) identify the primary taxpayer eligible to claim such credit as the taxpayer who captures the qualified carbon dioxide and disposes, through contract or otherwise, of the qualified carbon dioxide in a specified manner; and (5) provide for the transferability of such credit.

A bill to amend the Internal Revenue Code of 1986 to modify the credit for carbon dioxide sequestration.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Prescription Drug Consumer Protection Act of 1993''. SEC. 2. ESTABLISHMENT OF BOARD. (a) Establishment.--There is established in the executive branch the Prescription Drug Price Review Board (hereinafter in this Act referred to as the ``Board''). (b) Membership.-- (1) Number and appointment.--The Board shall be composed of 5 members appointed by the President, by and with the advice and consent of the Senate, from among individuals-- (A) who are recognized experts in the fields of consumer advocacy, medicine, pharmacology, pharmacy, and prescription drug reimbursement; and (B) who have not worked in the pharmaceutical manufacturing industry during the 3-year period ending on the date of appointment. (2) Initial appointments.--Initial appointments under paragraph (1) shall be made not later than 90 days after the date of the enactment of this Act. (3) Terms.-- (A) In general.--Except as provided in subparagraphs (B) and (C), each member shall be appointed for a term of 5 years. (B) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (i) 1 member shall be appointed for a term of 1 year; (ii) 1 member shall be appointed for a term of 2 years; (iii) 1 member shall be appointed for a term of 3 years; (iv) 1 member shall be appointed for a term of 4 years; and (v) 1 member shall be appointed for a term of 5 years. (C) Vacancies.--A vacancy in the Board shall be filled in the manner in which the original appointment was made. Any member 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 the member's term until a successor has taken office. (4) Initial meeting.--The initial meeting of the Board shall be held not later than 90 days after the date on which the first appointments of the members have been completed. (5) Chairperson.--The President shall designate 1 member of the Board to serve as the chairperson. (6) Basic pay.-- (A) In general.--Members shall be paid at a rate not to exceed the daily equivalent of the maximum annual rate of basic pay payable under section 5376 of title 5, United States Code, for each day during which the members are engaged in the actual performance of the duties of the Board. (B) Travel expenses.--Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (c) Director and Staff.-- (1) Director.--The Board shall have a director who shall be appointed by the chairperson, subject to rules prescribed by the Board. (2) Staff.--The chairperson may appoint and fix the pay of such additional personnel as the chairperson considers appropriate, subject to rules prescribed by the Board. (3) Applicability of certain civil service laws.--The director and staff of the Board shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the requirements of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; except that an individual so appointed may not receive pay in excess of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule. SEC. 3. POWERS OF BOARD. (a) Obtaining Official Data.--The chairperson of the Board may secure directly from any Federal agency information necessary to enable the Board to carry out its duties. Upon request of the chairperson, the head of the agency shall furnish such information to the Board to the extent such information is not prohibited from disclosure by law. (b) Mails.--The Board may use the United States mails in the same manner and under the same conditions as other Federal agencies. (c) Administrative Support Services.--Upon the request of the chairperson, the Administrator of General Services shall provide to the Board on a reimbursable basis the administrative support services necessary for the Board to carry out its duties. (d) Contract Authority.--The chairperson may contract with and compensate government and private agencies or persons for the purpose of conducting research, surveys, and other services necessary to enable the Board to carry out its duties. (e) Investigations.--The Board may make such investigations as it considers necessary to determine whether there is or may be a violation of any regulation promulgated under this Act and may require or permit any person to file with it a statement in writing, under oath or otherwise as the Board shall determine, as to all the facts and circumstances concerning the matter to be investigated. (f) Subpoena Power.-- (1) In general.--The Board may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Board. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Board may apply to a United States district court for an order requiring that person to appear before the Board to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Board shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 4. FUNCTIONS OF THE BOARD. (a) Guidelines.--The Board shall-- (1) develop and publish within 9 months of the date of the establishment of the Board the initial guidelines that the Board will use in determining whether an existing price or an increase in the price of any prescription drug is excessive, (2) develop and publish within 12 months of the date of the establishment of the Board the initial guidelines that the Board will use in determining whether the initial price at which a prescription drug is first sold is excessive, and (3) periodically review the guidelines developed under paragraphs (1) and (2) and make appropriate revisions. (b) Determinations and Reviews.--The Board shall-- (1) within 24 months of the date of the establishment of the Board, make an initial determination of whether the price of each prescription drug approved for sale on the date of the enactment of this Act is excessive, (2) promptly make an initial determination of whether the price of each prescription drug first approved for sale after the date of the enactment of this Act is excessive, (3) review, on an ongoing basis, each increase in the price of a drug reviewed under paragraphs (1) and (2) to determine if the price increase is excessive, and (4) consider whether determinations and reviews similar to the ones carried out under paragraphs (1), (2), and (3) should be made for non-prescription drugs and make such determinations and reviews if appropriate. (c) Factors.--In making determinations under subsection (b) as to whether the price of a prescription drug is excessive, the Board shall take into consideration-- (1) changes in the producer price index (published by the Bureau of Labor Statistics of the Department of Labor), (2) changes in the prescription drug component of such producer price index, (3) the price at which such drug was sold to wholesalers in the United States during the preceding 10 years, (4) the price at which such drug was sold to wholesalers in other countries during the preceding 10 years, (5) the price at which other drugs in the same therapeutic class were sold to wholesalers in the United States during the preceding 10 years, (6) the therapeutic potential rating of such drug by the Food and Drug Administration, (7) the percentage of such drug's research and development costs paid by the United States, (8) the cost of manufacturing and marketing such drug, and (9) such other factors as the Board considers relevant. (d) Reporting.--The Board shall-- (1) promptly provide to consumers and health care providers the results of the Board's determinations under subsection (b) and the method used in each such determination, (2) provide information to consumers and health care providers regarding prescription drug pricing and price increases by therapeutic class and manufacturer, (3) provide to consumers and health care providers information regarding the Food and Drug Administration therapeutic potential rating of each prescription drug and the percentage of the research and development of each such drug paid by the United States, (4) provide to consumers such other information as the Board determines will assist consumers in reducing their expenses for prescription drugs, (5) publish an easy to understand consumer's guide to prescription drug prices, including the information described in paragraphs (1), (2), (3), and (4), within 24 months of the date of the establishment of the Board and update and publish such guide annually thereafter, and (6) provide to the President and the Congress a report of its determinations under subsection (b) within 24 months of the date of the establishment of the Board and update and report such determinations annually thereafter. SEC. 5. SANCTIONS AND REMEDIES. (a) Hearings.--After making a determination under section 4(b) that the price of a prescription drug or an increase in the price of such a drug is excessive, the Board shall-- (1) notify, in writing, the manufacturer of such drug of such determination, (2) fix a date on which a public hearing before the Board respecting such determination shall be held and hold such hearing, (3) request from such manufacturer such additional information as the Board deems necessary for such public hearing, and (4) notify such manufacturer of the Board's recommendation as to the pricing of the drug at a rate which is not excessive. (b) Settlement.--If, after a public hearing under subsection (a), the Board finds that the price or an increase in the price of a prescription drug is not excessive, the Board shall-- (1) notify the manufacturer of such drug of the Board's finding, and (2) remove from all publications and reports of the Board after the date of such finding any statement that the price or increase in the price of such drug is excessive. (c) Patent Revocation.--If, after a public hearing under subsection (a), the Board finds that the price or an increase in the price of a prescription drug is excessive, the Board shall-- (1) notify the manufacturer of such drug of the Board's finding, (2) notify the manufacturer of such drug of the Board's intent to revoke the patent for such drug if the drug is patented or to revoke the patent of another drug of such manufacturer if such drug is not patented, and (3) take such action as may be necessary to revoke a drug patent under paragraph (2) if the manufacturer of such drug does not reduce the price of the drug to a level that is not excessive. SEC. 6. MANUFACTURERS. Each manufacturer of a prescription drug subject to review under section 4 shall-- (1) provide to the Board such information as the Board may require to make the determinations under section 4, including-- (A) information identifying such drug, (B) the price at which such drug is being sold or has been sold in any market, (C) the cost of manufacturing and marketing such drug, and (D) such other information as the Board considers necessary to be provided in such form and manner and at such time as the Board prescribes by regulation, and (2) notify the Board immediately of any increase in the wholesale price of any prescription drug marketed by the manufacturer. SEC. 7. STUDY. The Board shall engage the Institute of Medicine of the National Academy of Sciences to conduct a study of prescription drug research and development and pricing practices, the difficulties many Americans have in affording prescription drugs, and options for making prescription drugs available to all that need them. Such study shall-- (1) examine Federal incentives for research and development and determine which incentives are most effective and what changes would better encourage the development of low cost, effective drugs, (2) examine the Federal regulatory process and identify ways it might be streamlined without jeopardizing consumer safety, (3) consider whether the authority of the Food and Drug Administration should be enhanced and whether the funding for such agency should be increased to improve Federal regulation of drugs, (4) consider steps the United States might take (including possible trade sanctions) to protect manufacturers of drugs in the United States from product pirating and other unfair trade practices by foreign competitors, (5) consider changes in the patent laws (including delaying the start of a product's 17 years patent protection until after the product has been approved under the Federal Food, Drug, and Cosmetic Act) to allow manufacturers to charge lower prices and still recoup their research and development costs, (6) consider whether a Board review of non-prescription drug prices would have a positive effect on consumer costs of such drugs, (7) consider mechanisms to assist consumers with the high cost of prescription drugs (including providing reimbursement under title XVIII of the Social Security Act for prescription drugs at lower prices negotiated with manufacturers of drugs), (8) examine Federal policies regarding the licensing of drugs discovered and developed by federally funded researchers and recommend actions that would allow the United States to recoup its costs or to influence the pricing of such drugs, and (9) examine the effects on retail pharmacies of disparities in drug prices wherein the drug manufacturers charge hospitals, mail order pharmacies, and health maintenance organizations significantly lower prices than those charged wholesalers for such drugs.

Prescription Drug Consumer Protection Act of 1993 - Establishes in the executive branch the Prescription Drug Price Review Board which shall review the prices of prescription drugs. Permits the Board, after notice and a hearing, to take such actions as may be necessary to revoke a drug patent, if the drug's manufacturer does not reduce the price of a drug found to have an excessive price.

Prescription Drug Consumer Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Parents Television Empowerment Act of 1996''. SEC. 2. FINDINGS. The Congress finds the following: (1) The average American child watches 8,000 murders and 100,000 acts of violence on television before finishing elementary school. (2) Many of the poorest and potentially most vulnerable groups in our society are the heaviest viewers of television. (3) Television violence is often presented without context or judgment as to its acceptability. (4) Most of the violence on television is presented during times when children are likely to be viewing. (5) The 1972 Surgeon General's Report, Television and Growing Up: The Impact of Televised Violence, found that there was a significant and consistent correlation between television viewing and aggressive behavior and a direct, causal link between exposure to televised violence and subsequent aggressive behavior on the part of the viewer. (6) The 1982 National Institute of Mental Health report, Television and Behavior: Ten Years of Scientific Progress and Implications for the Eighties, found that ``violence on television does lead to aggressive behavior by children and teenagers who watch the programs,'' and that some viewers learn to be passive victims. (7) Numerous other studies establish a causal connection between watching violence on television and increasingly violent behavior of children. (8) There has been a proliferation of television talk shows that, in a race for ratings, air ever more outrageous programs dealing with rape, incest, and other sensitive topics in a manner that seeks to sensationalize and shock rather than educate and inform. Although the impact on the hundreds of thousands of children who view these programs has yet to be fully documented, the programs have raised strong concerns among psychologists. SEC. 3. AMENDMENT. Title VII of the Communications Act of 1934 is amended by adding at the end the following new section: ``SEC. 714. COMPILATION AND PUBLICATION OF COMPLAINTS CONCERNING VIOLENT PROGRAMMING. ``(a) Establishment of Facility for the Collection of Comments and Complaints.--The Commission shall, within 6 months after the date of enactment of this section, establish a toll-free number for the collection of comments, suggestions, and complaints from the public concerning the transmission by broadcast stations or cable systems of programming containing depictions of violence and other patently offensive material. The Commission shall take such steps as may be necessary to publicize such number and the Commission's functions under this section. ``(b) Publication of Data Concerning Complaints.--The Commission shall publish in the Federal Register, on a quarterly basis, a summary of the comments, suggestions, and complaints received pursuant to subsection (a) during the preceding period. Such summary shall include-- ``(1) a breakdown of the complaints by broadcast or cable network and broadcast station, and by program name, date, and time; ``(2) an identification, with respect to the 50 programs for which the highest number of complaints were received, of the production company, the principal advertisers supporting network distribution, the broadcast or cable network and broadcast station, and the program name, date, and time; and ``(3) a statement of observed trends in such complaints as compared with complaints received during prior periods. ``(c) Availability of Records.--The Commission shall transcribe the comments, suggestions, and complaints received pursuant to this section and shall-- ``(1) transmit to each licensee any comments, suggestions, or complaints made with respect to its station; and ``(2) make the transcribed comments, suggestions, and complaints available for public inspection. The Commission shall omit from any records transmitted or made available under this subsection the name and address of any caller requesting confidentiality. ``(d) Report to Congress.--The Commission shall include in each annual report to Congress under section 4(k) an analysis of the complaints received pursuant to this section. Such analysis shall include-- ``(1) an evaluation of whether, consistent with its obligations to serve the public interest and meet the educational and informational need of children, the broadcasting industry has effectively responded to the comments, suggestions, and complaints received pursuant to this section regarding video programming containing depictions of violence and other patently offensive material; and ``(2) such recommendations as the Commission considers appropriate to secure more conscientious fulfillment of those obligations with regard to such programming.''.

Parents Television Empowerment Act of 1996 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to establish a toll-free number for the collection of public comments, suggestions, and complaints (comments) concerning the transmission by broadcast stations or cable systems of programming containing depictions of violence and other patently offensive material. Requires the FCC to: (1) publicize such number and the FCC's functions under this Act; (2) publish a summary of comments received in the Federal Register quarterly; (3) transcribe such comments; (4) transmit to each licensee any comments made concerning its station; (5) make such comments available for public inspection; (6) omit from any records transmitted or made available the name and address of any caller requesting confidentiality; and (7) include an analysis of such comments in an annual report to the Congress.

Parents Television Empowerment Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``State Transportation Flexibility Act''. SEC. 2. DIRECT FEDERAL-AID HIGHWAY PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following: ``Sec. 171. Direct Federal-aid highway program ``(a) Election by State Not To Participate.--Notwithstanding any other provision of law and in accordance with this section, a State may elect not to participate in any Federal program relating to highways, including a Federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1144), the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141; 126 Stat. 405), the Fixing America's Surface Transportation Act (Public Law 114-94; 129 Stat. 1312), this title, or title 49. ``(b) Direct Federal-Aid Highway Program.-- ``(1) In general.--The Secretary shall carry out a direct Federal-aid highway program (referred to in this section as the `program') in accordance with the requirements of this section under which the legislature of a State may elect, not fewer than 90 days before the beginning of a fiscal year-- ``(A) to waive the right of the State to receive amounts apportioned or allocated to the State under this chapter for the fiscal year to which the election relates; and ``(B) to receive an amount for that fiscal year that is determined in accordance with subsection (e) for that fiscal year. ``(2) Effect.--On making an election under paragraph (1), a State-- ``(A) assumes all Federal obligations relating to each program that is the subject of the election; and ``(B) shall fulfill those obligations using the amounts transferred to the State under subsection (e). ``(3) Eligible years.--A State may make an election with respect to fiscal year 2019 and any fiscal year thereafter. ``(c) State Responsibility.-- ``(1) In general.--The Governor of a State making an election under subsection (b) shall-- ``(A) agree to maintain the Interstate System in accordance with the current Interstate System program; ``(B) submit a plan to the Secretary describing-- ``(i) the purposes, projects, and uses to which amounts received under the program will be put; and ``(ii) which programmatic requirements of this title the State elects to continue; ``(C) agree to obligate or expend amounts received under the program exclusively for projects that would be eligible for funding under section 133(b) if the State was not participating in the program; and ``(D) agree-- ``(i) to report annually to the Secretary on the use of amounts received under the program; and ``(ii) to make the report available to the public in an easily accessible format. ``(2) No federal limitation on use of funds.--Except as provided in paragraph (1), the expenditure or obligation of funds received by a State under the program shall not be subject to any Federal requirement under this title (except for this section), title 49, or any other Federal law (including regulations). ``(3) Election irrevocable.--An election under subsection (b) shall be irrevocable during the applicable fiscal year. ``(d) Effect on Preexisting Commitments.--An election under subsection (b) shall not affect any responsibility or commitment of the State under this title for any fiscal year with respect to-- ``(1) a project or program funded under this title (other than under this section); or ``(2) any project or program funded under this title in any fiscal year for which an election under subsection (b) is not in effect. ``(e) Transfers.-- ``(1) In general.--The amount to be transferred to a State under the program for a fiscal year shall be the portion of the taxes appropriated to the Highway Trust Fund (other than for the Mass Transit Account) for that fiscal year that is attributable to highway users in that State during that fiscal year, reduced by a pro rata share withheld by the Secretary to fund contract authority for programs of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. ``(2) Transfers under program.-- ``(A) In general.--Transfers under the program-- ``(i) shall be made at the same time as deposits to the Highway Trust Fund are made by the Secretary of the Treasury; and ``(ii) shall-- ``(I) be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, based on the most recent data available; and ``(II) include proper adjustments in amounts subsequently transferred to the extent prior estimates were in excess of, or less than, the amounts required to be transferred. ``(B) Limitation.-- ``(i) In general.--An adjustment under subparagraph (A)(ii)(II) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. ``(ii) Adjustment greater than 5 percent.-- If the adjustment required under subparagraph (A)(ii)(II) exceeds the percentage described in clause (i), the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii)(II). ``(f) Application With Other Authority.--Any contract authority under this chapter (and any obligation limitation) authorized for a State for a fiscal year for which an election by that State is in effect under subsection (b)-- ``(1) shall be rescinded or canceled; and ``(2) shall not be reallocated or distributed to any other State under this chapter. ``(g) Maintenance of Effort.-- ``(1) In general.--Not later than 30 days after the date on which an amount is distributed to a State or State agency under the program, the Governor of the State shall certify to the Secretary that the State will maintain the effort of the State with regard to State funding for the types of projects that are funded by the amounts distributed. ``(2) Amounts.--As part of the certification under paragraph (1), the Governor shall submit to the Secretary a statement that identifies the amount of funds the State plans to expend from State sources during the covered period for the types of projects that are funded by the amounts. ``(h) Treatment of General Revenues.--For purposes of this section, any general revenue funds appropriated to the Highway Trust Fund shall be transferred to a State under the program in the manner described in subsection (e)(1).''. (b) Conforming Amendment.--The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following: ``171. Direct Federal-aid highway program.''. SEC. 3. ALTERNATIVE FUNDING OF PUBLIC TRANSPORTATION PROGRAMS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5341. Alternative funding of public transportation programs ``(a) Definitions.--In this section-- ``(1) the term `alternative funding program' means the program established under subsection (c); ``(2) the term `covered program' means a Federal public transportation program that is funded using amounts made available from the Mass Transit Account of the Highway Trust Fund; and ``(3) the term `Federal public transportation program' means a Federal program that provides funding for public transportation, including under-- ``(A) the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59; 119 Stat. 1144); ``(B) the Moving Ahead for Progress in the 21st Century Act (Public Law 112-141; 126 Stat. 405); ``(C) the Fixing America's Surface Transportation Act (Public Law 114-94; 129 Stat. 1312); ``(D) title 23; or ``(E) this chapter. ``(b) Election by State Not To Participate.--Notwithstanding any other provision of law and in accordance with this section, a State may elect not to participate in any covered program. ``(c) Direct Public Transportation Funding Program.-- ``(1) In general.--The Secretary shall carry out a direct public transportation funding program in accordance with the requirements of this section under which the legislature of a State may elect, not fewer than 90 days before the beginning of a fiscal year-- ``(A) to waive the right of the State to receive amounts apportioned or allocated to the State under the covered programs for the fiscal year to which the election relates; and ``(B) to receive an amount for that fiscal year that is determined in accordance with subsection (f). ``(2) Effect.--On making an election under paragraph (1), a State-- ``(A) assumes all Federal obligations relating to each program that is the subject of the election; and ``(B) shall fulfill those obligations using the amounts transferred to the State under subsection (f). ``(3) Eligible years.--A State may make an election with respect to fiscal year 2019 and any fiscal year thereafter. ``(d) State Responsibility.-- ``(1) In general.--The Governor of a State that participates in the alternative funding program shall-- ``(A) submit a plan to the Secretary that describes-- ``(i) the purposes, projects, and uses to which amounts received under the alternative funding program will be put; and ``(ii) which programmatic requirements of the covered programs the State elects to continue; ``(B) agree to obligate or expend amounts received under the alternative funding program exclusively for projects that would be eligible for funding under the covered programs if the State was not participating in the alternative funding program; ``(C) submit to the Secretary an annual report on the use of amounts received under the alternative funding program; and ``(D) make the annual report available to the public in an easily accessible format. ``(2) No federal limitation on use of funds.--Except as provided in paragraph (1), the expenditure or obligation of funds received by a State under the alternative funding program shall not be subject to the requirements of-- ``(A) this chapter (except for this section); ``(B) any covered program not under this chapter; ``(C) title 23; or ``(D) any other Federal law (including regulations). ``(3) Election irrevocable.--An election under subsection (c) shall be irrevocable during the applicable fiscal year. ``(e) Effect on Preexisting Commitments.--An election by a State under subsection (c) shall not affect any responsibility or commitment of the State with respect to a project or program funded under a covered program in a fiscal year for which an election under subsection (c) is not in effect. ``(f) Transfers.-- ``(1) In general.--The amount to be transferred to a State under the alternative funding program for a fiscal year shall be the portion of the taxes transferred to the Mass Transit Account of the Highway Trust Fund under section 9503(e) of the Internal Revenue Code of 1986 for that fiscal year that is attributable to highway users in that State during that fiscal year. ``(2) Transfers under program.-- ``(A) In general.--Transfers under the alternative funding program-- ``(i) shall be made at the same time as transfers to the Mass Transit Account of the Highway Trust Fund are made by the Secretary of the Treasury; and ``(ii) shall-- ``(I) be made on the basis of estimates by the Secretary, in consultation with the Secretary of the Treasury, based on the most recent data available; and ``(II) include proper adjustments in amounts subsequently transferred under the alternative funding program, to the extent prior estimates were in excess of, or less than, the amounts required to be transferred under the alternative funding program. ``(B) Limitation.-- ``(i) In general.--An adjustment under subparagraph (A)(ii)(II) to any transfer may not exceed 5 percent of the transferred amount to which the adjustment relates. ``(ii) Adjustment greater than 5 percent.-- If the adjustment required under subparagraph (A)(ii)(II) exceeds the percentage described in clause (i) of this subparagraph, the excess shall be taken into account in making subsequent adjustments under subparagraph (A)(ii)(II). ``(g) Application With Other Authority.--Any contract authority under a covered program (and any obligation limitation) authorized for a State for a fiscal year for which the State elects to participate in the alternative funding program shall be rescinded or canceled. ``(h) Maintenance of Effort.-- ``(1) In general.--Not later than 30 days after the date on which amounts are distributed to a State or State agency under the alternative funding program, the Governor of the State shall certify to the Secretary that the State will maintain the effort of the State with regard to State funding for the types of projects that are funded by the amounts distributed. ``(2) Amounts.--As part of the certification under paragraph (1), the Governor shall submit to the Secretary a statement that identifies the amount of funds the State plans to expend from State sources for projects funded under the alternative funding program during the fiscal year for which the State elects to participate in the alternative funding program. ``(i) Treatment of General Revenues.--For purposes of this section, any general revenue funds appropriated to the Mass Transit Account of the Highway Trust Fund shall be transferred to a State under the alternative funding program in the manner described in subsection (f)(1).''. (b) Conforming Amendment.--The analysis for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5340 the following: ``5341. Alternative funding of public transportation programs.''.

State Transportation Flexibility Act This bill allows a state to elect not to participate in the federal-aid highway program, including any federal highway program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, the Moving Ahead for Progress in the 21st Century Act, or the Fixing America's Surface Transportation (FAST) Act. The Department of Transportation (DOT) shall carry out a direct federal-aid highway program to permit a state legislature, at least 90 days before the beginning of a fiscal year, to elect to: waive the state's right to receive apportioned or allocated funds under the federal-aid highway program, and receive a prorated amount of taxes appropriated to the Highway Trust Fund (other than for the Mass Transit Account) which are attributable to highway users in the state. The state making an election shall: agree to maintain the Interstate System in accordance with the current Interstate System program; submit a plan describing the purposes, projects, and uses to which such amounts will be put and the federal-aid highway programmatic requirements the state elects to continue; agree to obligate or expend program amounts exclusively for projects that would be eligible for surface transportation program funding; and. agree to report annually to DOT on the use of amounts received under the program and to make the report publicly available. DOT shall carry out a similar alternative funding program for public transportation programs.

State Transportation Flexibility Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bring Them Home Alive Act of 2000''. 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, VOA-TV, VOA 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 30-day period that begins 15 days after 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.--The 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). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Requires the granting of the same status to any alien (and parent, spouse, or 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 ("Bring Them Home Alive") refugee programs. Requires: (1) a minimum programming level for 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 2000

To amend chapter 111 of title 28, United States Code, relating to protective orders, sealing of cases, disclosures of discovery information in civil actions, and for other purposes. SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in Litigation Act of 2014''. SEC. 2. RESTRICTIONS ON PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Restrictions on protective orders and sealing of cases and settlements ``(a)(1) Except as provided under subsection (e), in any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not enter, by stipulation or otherwise, an order otherwise authorized under rule 26(c) of the Federal Rules of Civil Procedure restricting the disclosure of information obtained through discovery, an order approving a settlement agreement that would restrict the disclosure of such information, or an order restricting access to court records unless in connection with such order the court has first made independent findings of fact that-- ``(A) such order would not restrict the disclosure of information which is relevant to the protection of public health or safety; or ``(B)(i) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and ``(ii) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(2) No order entered as a result of the operation paragraph (1), other than an order approving a settlement agreement, may continue in effect after the entry of final judgment, unless at the time of, or after, such entry the court makes a separate finding of fact that the requirements of paragraph (1) continue to be met. ``(3) The party who is the proponent for the entry of an order, as provided under this section, shall have the burden of proof in obtaining such an order. ``(4) This section shall apply even if an order under paragraph (1) is requested-- ``(A) by motion pursuant to rule 26(c) of the Federal Rules of Civil Procedure; or ``(B) by application pursuant to the stipulation of the parties. ``(5)(A) The provisions of this section shall not constitute grounds for the withholding of information in discovery that is otherwise discoverable under rule 26 of the Federal Rules of Civil Procedure. ``(B) A court shall not approve any party's stipulation or request to stipulate to an order that would violate this section. ``(b)(1) In any civil action in which the pleadings state facts that are relevant to the protection of public health or safety, a court shall not approve or enforce any provision of an agreement between or among parties, or approve or enforce an order entered as a result of the operation of subsection (a)(1), to the extent that such provision or such order prohibits or otherwise restricts a party from disclosing any information relevant to such civil action to any Federal or State agency with authority to enforce laws regulating an activity relating to such information. ``(2) Any such information disclosed to a Federal or State agency shall be confidential to the extent provided by law. ``(c)(1) Subject to paragraph (2), a court shall not enforce any provision of a settlement agreement described under subsection (a)(1) between or among parties that prohibits one or more parties from-- ``(A) disclosing the fact that such settlement was reached or the terms of such settlement, other than the amount of money paid; or ``(B) discussing a civil action, or evidence produced in the civil action, that involves matters relevant to the protection of public health or safety. ``(2) Paragraph (1) applies unless the court has made independent findings of fact that-- ``(A) the public interest in the disclosure of past, present, or potential public health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question; and ``(B) the requested order is no broader than necessary to protect the confidentiality interest asserted. ``(d) When weighing the interest in maintaining confidentiality under this section, there shall be a rebuttable presumption that the interest in protecting personally identifiable information relating to financial, health or other similar information of an individual outweighs the public interest in disclosure. ``(e) Nothing in this section-- ``(1) shall prohibit a court from entering an order that would restrict the disclosure of information, or an order restricting access to court records, if in either instance such order is necessary to protect from public disclosure-- ``(A) information classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or ``(B) intelligence sources and methods; or ``(2) shall be construed to permit, require, or authorize the disclosure of information that-- ``(A) is classified under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy; or ``(B) reveals intelligence sources and methods.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding after the item relating to section 1659 the following: ``1660. Restrictions on protective orders and sealing of cases and settlements.''. SEC. 3. EFFECTIVE DATE AND APPLICATION. The amendments made by this Act shall-- (1) take effect 30 days after the date of enactment of this Act; (2) apply only to orders entered in civil actions or agreements entered into on or after the effective date of this Act; and (3) not provide a basis for the-- (A) granting of a motion to reconsider, modify, amend or vacate a protective order or settlement order entered into before the effective date of this Act; or (B) reversal on appeal of a protective order or settlement order entered into before the effective date of this Act.

Sunshine in Litigation Act of 2014 - Amends the federal judicial code to prohibit a court, in any civil action in which the pleadings state facts relevant to protecting public health or safety, from entering an order restricting the disclosure of information obtained through discovery, approving a settlement agreement that would restrict such disclosure, or restricting access to court records, subject to exceptions, unless the court has first made independent findings of fact that: (1) the order would not restrict the disclosure of information relevant to the protection of public health or safety or (2) the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information and the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Prohibits a court from approving any party's stipulation or request to stipulate to an order that would violate this Act. Prohibits such a court from: (1) approving or enforcing any provision of an agreement between or among parties, or an order entered under this Act, to the extent that it restricts a party from disclosing information to any federal or state agency with authority to enforce laws regulating an activity relating to such information (requires such information disclosed to a federal or state agency to be confidential to the extent provided by law); or (2) enforcing any provision of a settlement agreement described under this Act between or among parties to such civil action that prohibits a party from disclosing that a settlement was reached or the terms of the settlement, other than the amount paid, or from discussing the civil action, or evidence produced in it, that involves matters relevant to the protection of public health or safety. Excepts from this enforcement prohibition (thus allowing enforcement of) a settlement agreement provision about which the court finds that the public interest in the disclosure of past, present, or potential health or safety hazards is outweighed by a specific and substantial interest in maintaining the confidentiality of the information or records in question and that the requested protective order is no broader than necessary to protect the confidentiality interest asserted. Creates a rebuttable presumption that the interest in protecting personally identifiable information relating to an individual's financial, health, or other similar information outweighs the public interest in disclosure. Declares that nothing in this Act shall be construed to permit, require, or authorize the disclosure of, and no court shall be prohibited from restricting disclosure of or access to: (1) information classified under a secret Executive order concerning national defense or foreign policy, or (2) intelligence sources and methods. Bars this Act from providing a basis for: (1) granting a motion to reconsider, modify, amend, or vacate a protective or settlement order entered before the effective date of this Act; or (2) reversing such an order retroactively on appeal.

Sunshine in Litigation Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Violence Prevention and Safe Communities Act of 2013''. SEC. 2. INCREASE IN EXCISE TAXES RELATING TO FIREARMS. (a) In General.--Section 4181 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 4181. IMPOSITION OF TAX. ``There is hereby imposed upon the sale by the manufacturer, producer, or importer of the following articles a tax equivalent to the specified percent of the price for which so sold: ``(1) Articles taxable at 20 percent: ``(A) Pistols. ``(B) Revolvers. ``(C) Firearms (other than pistols and revolvers). ``(D) Any lower frame or receiver for a firearm, whether for a semiautomatic pistol, rifle, or shotgun that is designed to accommodate interchangeable upper receivers. ``(2) Articles taxable at 50 percent: Shells and cartridges.''. (b) Exemption for United States.--Subsection (b) of section 4182 of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Sales to United States.--No firearms, pistols, revolvers, lower frame or receiver for a firearm, shells, and cartridges purchased with funds appropriated for any department, agency, or instrumentality of the United States shall be subject to any tax imposed on the sale or transfer of such articles.''. (c) Availability of Funds From Increased Taxes.-- (1) Allocation.--Amounts in the general fund of the Treasury by reason of section 3(a) of the Pittman-Robertson Wildlife Restoration Act (as amended by paragraph (2) of this subsection) are hereby appropriated and shall be available, as follows: (A) 35 percent of such amounts shall be available for community-oriented policing services grants for the hiring and rehiring of additional career law enforcement officers under section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)). States using funds for school resource officers shall include training, protections, and monitoring to ensure that school resource officers are used to improve school safety and climate, and promote positive reform in student suspensions, expulsions, and referrals to the juvenile or criminal justice systems. (B) 35 percent of such amounts shall be available for the Project Safe Neighborhoods, as authorized by sections 101 through 104 of the Continuing Appropriations Resolution, 2007 (Public Law 110-5) and Public Law 109-108 (119 Stat. 2290, 2302). (C) 10 percent of such amounts shall be available for the Centers for Disease Control National Center for Injury Prevention and Control for purposes of research on gun violence and its prevention. (D) 5 percent of such amounts shall be available for the National Criminal History Improvement Program authorized under section 302(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3732(c)). (E) 5 percent of such amounts shall be available for the NICS Act Record Improvement Program authorized under section 301 of the NICS Improvement Amendments Act of 2007. (F) 5 percent for the Community-Based Violence Prevention Field-Initiated Research and Evaluation Program of the Department of Justice. (G) 5 percent of such amounts shall be available for the Secretary of Education to provide directed grants and technical assistance to schools eligible for or receiving grants under part A of title I of the Elementary and Secondary Education Act of 1965 to develop and implement comprehensive, evidence-based local or regional strategies (such as positive behavior interventions and supports, social and emotional learning, and restorative justice programs) to improve school climate, reduce the use of exclusionary school discipline, and decrease the number of youth entering the juvenile and criminal justice systems. (2) Conforming amendment.--Section 3(a) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)) is amended by adding at the end the following new sentence: ``There shall not be covered into the fund the portion of the tax imposed by such section 4181 that is attributable to any increase in amounts received in the Treasury under such section by reason of the amendments made by section 2 of the Gun Violence Prevention and Safe Communities Act of 2013, as estimated by the Secretary.''. (d) Effective Date.--The amendments made by this section shall apply with respect to sales after December 31, 2013. SEC. 3. SPECIAL TAX AND LICENSING RELATING TO FIREARMS. (a) Increase in Tax.-- (1) General rule.--Subsection (a) of section 5801 of the Internal Revenue Code of 1986-- (A) in paragraph (1) by striking ``$1,000'' and inserting ``$2,000'', and (B) in paragraph (2) by striking ``$500'' and inserting ``50 percent of the dollar amount applicable under paragraph (1) for the taxable year''. (2) Small importers and manufacturers.--Paragraph (1) of section 5801(b) of such Code is amended by striking ``substituting `$500' for `$1,000''' and inserting ``substituting `50 percent of the dollar amount applicable under such paragraph for the taxable year' for `$2,000'''. (3) Adjustment for inflation.--Section 5801 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Adjustment for Inflation.--In the case of any taxable year beginning in a calendar year after 2014, the dollar amount in subsection (a)(1) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. If any increase under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next lowest multiple of $10.''. (b) Increase in Transfer Tax on Firearms.-- (1) In general.--Subsection (a) of section 5811 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``$200'' and inserting ``$500'', and (B) by striking ``$5'' and inserting ``$100''. (2) Adjustment for inflation.--Section 5811 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Adjustment for Inflation.--In the case of any taxable year beginning in a calendar year after 2014, each dollar amount in subsection (a) shall be increased by an amount equal to-- ``(1) such dollar amount, multiplied by ``(2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2013' for `calendar year 1992' in subparagraph (B) thereof. If any increase under paragraph (1) is not a multiple of $5, such increase shall be rounded to the next lowest multiple of $5.''. (c) Certain Semiautomatic Pistols Chambered for Cartridges Treated as Firearms.--The first sentence of section 5845(a) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' before ``(8)'', (2) by striking ``device.'' and inserting ``device, and'', and (3) by adding at the end the following: ``(9) a semiautomatic pistol chambered for cartridges commonly considered rifle rounds, configured with receivers commonly associated with rifles and capable of accepting detachable magazines.''. (d) Effective Dates.-- (1) In general.--Except as provided by paragraph (2), the amendments made by this section shall take effect on July 1, 2014. (2) Transfer tax.--The amendment made by subsection (b) shall apply to transfers after December 31, 2013. (3) All taxpayers treated as commencing in business on july 1, 2014.--Any person engaged on July 1, 2014, in any trade or business which is subject to an occupational tax by reason of the amendment made by subsection (b) shall be treated for purposes of such tax as having first engaged in a trade or business on such date.

Gun Violence Prevention and Safe Communities Act of 2013 - Amends the Internal Revenue Code, with respect to the excise tax on the sale of firearms by manufacturers, producers, or importers, to: (1) increase the rate of such tax to 20% on pistols, revolvers, and other firearms and on any lower frame or receiver for a firearm; and (2) impose a 50% tax on shells and cartridges. Exempts any department, agency, or instrumentality of the United States from such tax. Allocates revenues from the increased excise tax under this Act for law enforcement and public safety grant programs, including programs for research on gun violence and its prevention. Increases the occupational tax on importers, manufacturers, and dealers in firearms and the transfer tax on firearms. Modifies the definition of "firearm" for excise tax purposes to include a semiautomatic pistol chambered for cartridges and configured with receivers commonly associated with rifles and capable of accepting detachable magazines.

Gun Violence Prevention and Safe Communities Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005''. TITLE I--HEALTH PROVISIONS SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM. (a) Through September 2007.--Section 1902(a)(10)(E)(iv) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by striking ``September 2005'' and inserting ``September 2007''. (b) Extending Total Amount Available for Allocation.--Section 1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting a semicolon; and (C) by adding at the end the following new subparagraphs: ``(D) for the period that begins on October 1, 2005, and ends on December 31, 2005, the total allocation amount is $100,000,000; ``(E) for the period that begins on January 1, 2006, and ends on September 30, 2006, the total allocation amount is $300,000,000; ``(F) for the period that begins on October 1, 2006, and ends on December 31, 2006, the total allocation amount is $100,000,000; and ``(G) for the period that begins on January 1, 2007, and ends on September 30, 2007, the total allocation amount is $300,000,000.''; and (2) in paragraph (3), in the matter preceding subparagraph (A), by inserting ``, (D), or (F)'' after ``subparagraph (B)''. (c) Effective Date.--The amendments made by this section shall be effective as of September 30, 2005. SEC. 102. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA) AND ABSTINENCE EDUCATION PROGRAM. Effective as if enacted on September 30, 2005, activities authorized by sections 510 and 1925 of the Social Security Act shall continue through December 31, 2005, in the manner authorized for fiscal year 2005, notwithstanding section 1902(e)(1)(A) of such Act, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. Grants and payments may be made pursuant to this authority through the first quarter of fiscal year 2006 at the level provided for such activities through the first quarter of fiscal year 2005. SEC. 103. ELIMINATION OF MEDICARE COVERAGE OF DRUGS USED FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION. (a) In General.--Section 1860D-2(e)(2)(A) of the Social Security Act (42 U.S.C. 1395w-102(e)(2)(A)) is amended-- (1) by striking the period at the end and inserting ``, as such sections were in effect on the date of the enactment of this part.''; and (2) by adding at the end the following: ``Such term also does not include a drug when used for the treatment of sexual or erectile dysfunction, unless such drug were used to treat a condition, other than sexual or erectile dysfunction, for which the drug has been approved by the Food and Drug Administration.''. (b) Construction.--Nothing in this section shall be construed as preventing a prescription drug plan or an MA-PD plan from providing coverage of drugs for the treatment of sexual or erectile dysfunction as supplemental prescription drug coverage under section 1860D- 2(a)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395w- 102(a)(2)(A)(ii)). (c) Effective Dates.--The amendment made by subsection (a)(1) shall take effect as if included in the enactment of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173) and the amendment made by subsection (a)(2) shall apply to coverage for drugs dispensed on or after January 1, 2007. SEC. 104. ELIMINATION OF MEDICAID COVERAGE OF DRUGS USED FOR TREATMENT OF SEXUAL OR ERECTILE DYSFUNCTION. (a) In General.--Section 1927(d)(2) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)) is amended by adding at the end the following new subparagraph: ``(K) Agents when used for the treatment of sexual or erectile dysfunction, unless such agents are used to treat a condition, other than sexual or erectile dysfunction, for which the agents have been approved by the Food and Drug Administration.''. (b) Elimination of Federal Payment Under Medicaid Program.--Section 1903(i) of such Act (42 U.S.C. 1396b(i)) is amended-- (1) by striking ``or'' at the end of paragraph (19); (2) by striking the period at the end of paragraph (20) and inserting ``; or''; and (3) by inserting after paragraph (20) the following new paragraph: ``(21) with respect to amounts expended for covered outpatient drugs described in section 1927(d)(2)(K) (relating to drugs when used for treatment of sexual or erectile dysfunction).''. (c) Clarification of No Effect on Determination of Base Expenditures.--Section 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C. 1396v(c)(3)(B)(ii)(II)) is amended by inserting ``, including drugs described in subparagraph (K) of section 1927(d)(2)'' after ``1860D- 2(e)''. (d) Effective Date.--The amendments made by this section shall apply to drugs dispensed on or after January 1, 2006. TITLE II--ASSISTANCE RELATING TO UNEMPLOYMENT SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR 2006. Section 903 of the Social Security Act (42 U.S.C. 1103) is amended by adding at the end the following: ``(e) Special Transfer in Fiscal Year 2006.--Not later than 10 days after the date of the enactment of this subsection, the Secretary of the Treasury shall transfer from the Federal unemployment account-- ``(1) $15,000,000 to the account of Alabama in the Unemployment Trust Fund; ``(2) $400,000,000 to the account of Louisiana in the Unemployment Trust Fund; and ``(3) $85,000,000 to the account of Mississippi in the Unemployment Trust Fund.''. SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COMPENSATION ADMINISTRATION TO ADDRESS HURRICANE KATRINA. Notwithstanding any provision of section 302(a) or 303(a)(8) of the Social Security Act, any State may, on or after August 28, 2005, use any amounts received by such State pursuant to title III of the Social Security Act to assist in the administration of claims for compensation on behalf of any other State if a major disaster was declared with respect to such other State or any area within such other State under the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Katrina. SEC. 203. REGULATIONS. The Secretary of Labor may prescribe any operating instructions or regulations necessary to carry out this title and any amendment made by this title. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

(This measure has not been amended since the House agreed to Senate amendment with amendments on October 19, 2005. The summary of that version is repeated here.) QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005 - Title I: Health Provisions - Amends XIX (Medicaid) of the Social Security Act to extend from September 2005 through September 2007 the qualified individual program (under which medical assistance is available for Medicare cost-sharing for individuals who would be qualified Medicare beneficiaries but for the fact that their income exceeds the state-established income level, and is between 120% and 135% of the official poverty line). Prescribes additional allocations for such program for the extended period. Extends through December 31, 2005, Transitional Medical Assistance (TMA) and the separate program for abstinence education. Eliminates Medicare and Medicaid coverage under titles XVIII and XIX of the Social Security Act of drugs used for the treatment of sexual or erectile dysfunction, beginning in 2007. Title II: Assistance Relating to Unemployment - Amends title IX of the Social Security Act to direct the Secretary to transfer from the federal unemployment account: (1) $15 million to the account of Alabama in the Unemployment Trust Fund; (2) $400 million to the account of Louisiana in the Unemployment Trust Fund; and (3) $85 million to the account of Mississippi in the Unemployment Trust Fund. Authorizes any state to use any amounts received by such state pursuant to title III of the Social Security Act to assist in the administration of claims for compensation on behalf of any other state, if a major disaster was declared with respect to such other state or any area within it, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, by reason of Hurricane Katrina.

To provide assistance to individuals and States affected by Hurricane Katrina.

TITLE I--APPLICABILITY OF QUALIFICATION REQUIREMENTS FOR CERTAIN ACQUISITION POSITIONS IN THE DEPARTMENT OF DEFENSE SEC. 101. APPLICABILITY OF QUALIFICATION REQUIREMENTS FOR CERTAIN ACQUISITION POSITIONS IN THE DEPARTMENT OF DEFENSE. Section 1724(c)(2) of title 10, United States Code, is amended-- (1) by inserting ``or lower'' before ``grade''; and (2) by inserting ``or lower'' before ``level''. TITLE II--DEFENSE TECHNICAL AND CLERICAL AMENDMENTS SEC. 201. AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Resolution of Inconsistent and Duplicative Amendments.--Section 166a of title 10, United States Code, is amended-- (1) in the first sentence of subsection (a), by striking out ``the Chairman'' and all that follows through the period at the end of the sentence and inserting in lieu thereof ``the Chairman of the Joint Chiefs of Staff may provide funds to the commander of a combatant command, upon the request of the commander, or, with respect to a geographic area or areas not within the area of responsibility of a commander of a combatant command, to an officer designated by the Chairman of the Joint Chiefs of Staff for such purpose.''; and (2) in subsection (b)(7), by striking out the second parenthetical phrase before the period at the end. (b) Duplicate Section Numbers.--Title 10, United States Code, is amended as follows: (1)(A) Chapter 141 is amended by redesignating the second sections 2410c and 2410d as sections 2410j and 2410k, respectively. (B) The items relating to those sections in the table of sections at the beginning of such chapter are amended to reflect the redesignations made by subparagraph (A). (2)(A) Chapter 401 is amended by redesignating the second section 4316 as section 4317. (B) The table of sections at the beginning of such chapter is amended by striking out the last two items and inserting in lieu thereof the following: ``4316. Reporting requirements. ``4317. Military history fellowships.''. (c) Cross Reference Amendments.--Title 10, United States Code, is amended as follows: (1) Section 1104 is amended-- (A) in subsections (a), (b), and (c), by striking out ``section 8011 of title 38'' and inserting in lieu thereof ``section 8111 of title 38''; and (B) in subsection (d), by striking out ``section 8011A of title 38'' and inserting in lieu thereof ``section 8111A of title 38''. (2) Section 2145(b) is amended by striking out ``means the actual cost'' and all that follows and inserting in lieu thereof ``has the meaning given the term `cost of attendance' by section 472 of the Higher Education Act of 1965 (20 U.S.C. 1087ll).''. (3) Section 2198(c) is amended-- (A) by striking out ``an annual'' and inserting in lieu thereof ``a''; and (B) by striking out ``section 2522'' and inserting in lieu thereof ``section 2506''. (4) Section 2371(g) is amended-- (A) by striking out ``section 11'' and inserting in lieu thereof ``section 12''; and (B) by striking out ``sections 10 and 11'' and inserting in lieu thereof ``sections 11 and 12''. (5) Section 2372(g)(5) is amended by striking out ``section 2522'' and inserting in lieu thereof ``section 2506''. (6) Section 2401(c)(2)(A) is amended by striking out ``the Internal Revenue Code of 1954'' and inserting in lieu thereof ``the Internal Revenue Code of 1986''. (7) Section 2501(a)(1)(A) is amended by striking out ``section 104'' and inserting in lieu thereof ``section 108''. (8) Section 2535(b)(2)(B) is amended by striking out ``paragraph (1)'' and inserting in lieu thereof ``subparagraph (A)''. (9) Section 2677(c)(1) is amended-- (A) by striking out ``section 21A(b)(12)(F)'' and inserting in lieu thereof ``section 21A(b)(11)(F)''; and (B) by striking out ``(12 U.S.C. 1441a(b)(12)(F))'' and inserting in lieu thereof ``(12 U.S.C. 1441a(b)(11)(F))''. (10) Section 5038(e) is amended by striking out ``subsection'' and inserting in lieu thereof ``section''. (11) Section 7721(a) is amended by striking out ``(46 U.S.C 781- 790)'' and inserting in lieu thereof ``(46 U.S.C. App. 781-790)''. (d) Amendments for Stylistic Consistency.--Title 10, United States Code, is amended as follows: (1) Section 1597 is amended-- (A) in subsection (c)(3)-- (i) by striking out ``defense agency'' in subparagraph (A)(v) and inserting in lieu thereof ``Defense Agency''; and (ii) in subparagraph (C)-- (I) by striking out ``defense agency'' the first place it appears and inserting in lieu thereof ``Defense Agency''; and (II) by striking out ``defense agency'' the second place it appears and inserting in lieu thereof ``Defense Agency,''; and (B) in subsection (e), by striking out ``of the date'' and inserting in lieu thereof ``on the date''. (2) The table of sections at the beginning of chapter 142 is amended by striking out ``Sec.'' in the items relating to sections 2418 and 2419. (3) Section 2513(c)(2)(B) is amended by striking out the second clause (iii) (as added by section 4223(d) of Public Law 102-484 (106 Stat. 2681)) and inserting in lieu thereof the following: ``(iv) An institution of higher education designated by a State or local government.''. (4) Section 2536 is amended by striking out the period at the end of the section heading. (5) Section 2537(a) is amended in the first sentence by striking out ``respectively, which'' and inserting in lieu thereof ``respectively, that''. (6) Section 2701(j)(2) is amended by striking out ``applies (42 U.S.C. 9619(g))'' and inserting in lieu thereof ``(42 U.S.C. 9619(g)) applies''. (7) Section 2828 is amended by striking out ``per annum'' each place it appears in subsections (b)(2), (b)(3), and (e)(1) and inserting in lieu thereof ``per year''. (e) Subsection Headings.--Title 10, United States Code, is amended as follows: (1) Section 2513 (as transferred and redesignated by section 4223(b) of Public Law 102-484 (106 Stat. 2681)) is amended-- (A) by striking out ``Centers'' in the heading for subsection (b) and inserting in lieu thereof ``Alliances''; and (B) by striking out ``Center'' in the heading for subsection (e) and inserting in lieu thereof ``Alliance''. (2) Section 2308 is amended by inserting after ``(a)'' the following: ``Facilitation of Procurement.--''. (f) Date of Enactment References.--Title 10, United States Code, is amended as follows: (1) Section 1151(e)(1) is amended by striking out ``the date of the enactment of this section'' and inserting in lieu thereof ``October 23, 1992,''. (2) Section 1331a(b) is amended by striking out ``the date of the enactment of the National Defense Authorization Act for Fiscal Year 1993'' and inserting in lieu thereof ``October 23, 1992,''. (3) Section 1802(b) is amended by striking out ``not more than two years before the date of the enactment of this chapter'' and inserting in lieu thereof ``after October 22, 1990''. (g) Punctuation, Spelling, Etc.--Title 10, United States Code, is amended as follows: (1) Section 1078a is amended-- (A) in subsection (b)(3)(C), by striking out ``subparagraphs'' and inserting in lieu thereof ``subparagraph''; and (B) in subsection (d)(2)(A), by inserting ``under'' after ``coverage''. (2) Section 1590(a) is amended by striking out the second semicolon at the end of paragraph (1). (3) Section 1802(a) is amended by striking out ``carrys'' and inserting in lieu thereof ``carries''. (4) Section 2321(d)(1)(B) is amended by striking out ``adherance'' and inserting in lieu thereof ``adherence''. (5) Section 2361(b)(2) is amended by striking out ``inconsisent'' and inserting in lieu thereof ``inconsistent''. (6) Section 2410j (as redesignated by subsection (b)(1)(A)) is amended in subsection (f)(2)(B) by striking out ``aid'' and inserting in lieu thereof ``aide''. (7) The heading of section 2505 is amended by striking out ``capabilty'' and inserting in lieu thereof ``capability''. (8) Section 2516(b)(4) is amended by striking out ``dual use'' and inserting in lieu thereof ``dual-use''. (9) Section 2524(b)(2)(F) is amended by striking out ``work force'' both places it appears and inserting in lieu thereof ``workforce''. (10)(A) The heading of section 4313 is amended to read as follows: ``§4313. National Matches and small-arms school: expenses''. (B) The item relating to section 4313 in the table of sections at the beginning of chapter 401 is amended to read as follows: ``4313. National Matches and small-arms school: expenses.''. (h) Redundant Provisions.--Title 10, United States Code, is amended as follows: (1) Section 1598(e) is amended by striking out paragraph (4). (2) Section 2537 is amended by striking out subsection (d). (i) Clarification of Amendments.--Title 10, United States Code, is amended as follows: (1) Paragraph (4) of section 1142(b) is amended by striking out ``job placement assistance'' and all that follows through the end of the paragraph and inserting in lieu thereof ``job placement assistance, including the public and community service jobs program carried out under section 1143a of this title, and information regarding the placement program established under section 1151 of this title to assist members to obtain employment as elementary or secondary school teachers or teachers' aides.''. (2) Section 2433(e) is amended-- (A) by striking out ``a at least 15 percent increase'' both places it appears and inserting in lieu thereof ``an increase of at least 15 percent''; and (B) by striking out ``a at least 25 percent increase'' both places it appears and inserting in lieu thereof ``an increase of at least 25 percent''. SEC. 202. AMENDMENTS TO FISCAL YEAR 1993 DEFENSE AUTHORIZATION ACT. (a) In General.--The National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484) is amended as follows: (1) Section 195 (106 Stat. 2349) is amended by striking out ``initiative'' and inserting in lieu thereof ``Initiative''. (2) Section 234(e)(2) (106 Stat. 2357) is amended by striking out ``in subsection (d)'' and inserting in lieu thereof ``in subsection (c), as redesignated by subsection (b)(2)(B)''. (3) Section 243 (106 Stat. 2360) is amended by striking out ``Notwithstanding the provisions of the Land-Remote Sensing Commercialization Act of 1984 (15 U.S.C. 4201 et seq.), the Secretary of Defense is authorized'' and inserting in lieu thereof ``The Secretary of Defense is authorized''. (4) Section 653(b)(2) (106 Stat. 2428) is amended by striking out ``section 1463'' and inserting in lieu thereof ``section 1463(a)''. (5) Section 704(1) (106 Stat. 2432) is amended by striking out ``paragraph (15)(D)'' and inserting in lieu thereof ``paragraph (15)''. (6) Section 801(f) (106 Stat. 2444) is amended-- (A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; and (B) by inserting after paragraph (2) the following new paragraph: ``(3) by striking out `Secretary with' in paragraph (2) and inserting in lieu thereof `Secretary toward attaining';''. (7) Section 843(c) (106 Stat. 2469) is amended-- (A) by striking out ``On the date which is two years after the date of the enactment of this Act,'' and inserting in lieu thereof ``Effective October 23, 1994,''; and (B) by striking out ``section 2350a'' and inserting in lieu thereof ``sections 2350a(c) and 2350d(c)''. (8) Section 911(b)(2) (106 Stat. 2473) is amended by striking out the period and closing quotation marks at the end and inserting in lieu thereof closing quotation marks and a period. (9) Section 933 (106 Stat. 2476) is amended-- (A) in subsection (b)(1), by striking out ``or'' and inserting in lieu thereof ``and''; and (B) in subsection (c), by inserting a comma after ``United States Code''. (10) Section 1312(b)(4) (106 Stat. 2548) is amended by striking out ``the'' in the quoted matter stricken out in the amendment made by subparagraph (B). (11) Section 1135(c)(2) (106 Stat. 2541) is amended by striking out ``unit deployment designators'' and inserting in lieu thereof ``Unit Deployment Designators''. (12) Section 1314(b) (106 Stat. 2549) is amended in the second sentence by adding a period after ``of member nations''. (13) Sections 1814 and 1834 (106 Stat. 2583, 2586) are each amended by striking out ``section'' and inserting in lieu thereof ``subtitle''. (14) Section 4219(c)(2)(H) (106 Stat. 2672) is amended-- (A) by striking out ``Work force'' and inserting in lieu thereof ``Workforce''; and (B) by striking out ``work force'' and inserting in lieu thereof ``workforce''. (15) Section 4301(b)(1)(C) (106 Stat. 2697) is amended by inserting ``the first place it appears'' before ``the following''. (16) Section 4407(b)(2) (106 Stat. 2708) is amended by inserting ``the second place it appears'' before ``and inserting in lieu thereof''. (17) Section 4422(a) (106 Stat. 2718) is amended-- (A) in paragraph (3), by striking out ``after'' after ``by inserting''; and (B) in paragraph (4), by inserting ``the first reference to'' after ``after'' the first place it appears. (18) Section 4470(a) (106 Stat. 2753) is amended-- (A) by striking out ``section 4303(a)'' in paragraph (1) and inserting in lieu thereof ``section 4443(a)''; and (B) by striking out ``section 4303(b)'' in paragraph (2) and inserting in lieu thereof ``section 4443(b)''. (b) Effective Date.--The amendments made by this section shall apply as if included in the enactment of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484). SEC. 203. AMENDMENTS TO FISCAL YEAR 1992/1993 DEFENSE AUTHORIZATION ACT. (a) Repeal of Previously Codified Provision.--Section 523 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1363) is repealed. (b) Other Amendments.--The National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190) is amended as follows: (1) Section 236(d) (as redesignated by section 234(b)(2)(B) of Public Law 102-484 (106 Stat. 2356)) is amended by striking out ``subsection (a) through (d)'' in paragraph (1) and inserting in lieu thereof ``subsections (a) through (c)''. (2) Section 704(a) (105 Stat. 1401) is amended by striking out the closing quotation marks and period at the end of paragraph (2) of the subsection inserted by the amendment made by that section. (3) Section 3136(b)(1)(C)(ii)(I) (105 Stat. 1578) is amended by striking out ``section 2522 of title 10, United States Code'' and inserting in lieu thereof ``section 2506 of title 10, United States Code''. (4) Section 3137(c) (105 Stat. 1579) is amended by striking out the comma after ``the Secretary of Energy''. SEC. 204. AMENDMENTS TO OTHER LAWS. (a) Title 37, United States Code.--Title 37, United States Code, is amended as follows: (1) Section 205(a)(7)(B) is amended by striking out ``the Veterans' Administration,'' and inserting in lieu thereof ``the Department of Veterans Affairs,''. (2) Section 411f(c) is amended by striking out ``section 401 of this title'' and inserting in lieu thereof ``section 401(a) of this title''. (b) Public Law 98-94.--Section 1215(c) of the Department of Defense Authorization Act, 1984 (Public Law 98-94; 97 Stat. 688; 10 U.S.C. 2452 note), is amended by striking out ``regulatons'' and inserting in lieu thereof ``regulations''. (c) Public Law 101-189.--Effective as of November 29, 1989, paragraph (1) of section 631(a) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1449) is amended by inserting a comma after ``18'' in the matter struck by such paragraph. (d) Strategic and Critical Materials Stock Piling Act.--Section 11(a)(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2(a)(1)) is amended by striking out ``six-month period'' and inserting in lieu thereof ``fiscal year''. TITLE III--MISCELLANEOUS PROVISIONS SEC. 301. REAL PROPERTY REPAIRS AND MINOR CONSTRUCTION DURING FISCAL YEAR 1993. In addition to using the funds specifically appropriated for real property maintenance under the heading ``Real Property Maintenance, Defense'' in title II of the Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106 Stat. 1885), the Secretary of Defense and the Secretary of a military department may also use funds appropriated to the Secretary concerned for operation and maintenance under any of the first 11 headings of such title in order to carry out a major repair project that costs $15,000 or more or a minor construction project that costs not less than $15,000 and not more than $300,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

TABLE OF CONTENTS: Title I: Applicability of Qualification Requirements for Certain Acquisition Positions in the Department of Defense Title II: Defense Technical and Clerical Amendments Title III: Miscellaneous Provisions Title I: Applicability of Qualification Requirements for Certain Acquisition Positions in the Department of Defense - Amends Federal defense procurement provisions to provide that certain qualification requirements generally applicable to officers administering defense contracts in excess of the small purchase threshold shall not apply to any employee for purposes of qualifying to serve in a contracting position in the same or lower grade and involving the same or lower level of responsibilities as the position in which the employee is serving on October 1, 1993. Title II: Defense Technical and Clerical Amendments - Makes technical and clerical amendments to Federal armed forces and military pay provisions, specified defense authorization Acts, and the Strategic and Critical Materials Stock Piling Act. Title III: Miscellaneous Provisions - Provides that during FY 1993, in addition to the funds currently appropriated to the Real Property Maintenance, Defense Account, the Secretaries of Defense and the military departments may also use funds appropriated for operation and maintenance in order to carry out a major repair project costing $15,000 or more or a minor construction project costing no less than $15,000 nor more than $300,000.

To amend title 10, United States Code, with respect to applicability of qualification requirements for certain acquisition positions in the Department of Defense.

s.--Any concurrent resolution on the budget introduced under subsection (a) shall be in compliance with section 301. ``(d) Effect of Concurrent Resolution on the Budget.-- Notwithstanding any other provision of this title, whenever a concurrent resolution on the budget described in subsection (a) is agreed to, then the aggregates, allocations, and reconciliation directives (if any) contained in the report accompanying such concurrent resolution or in such concurrent resolution shall be considered to be the aggregates, allocations, and reconciliation directives for all purposes of sections 302, 303, and 311 for the applicable fiscal years and such concurrent resolution shall be deemed to be a joint resolution for all purposes of this title and the Rules of the House of Representatives and any reference to the date of enactment of a joint resolution on the budget shall be deemed to be a reference to the date agreed to when applied to such concurrent resolution.''. (2) The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Discretionary Deficit Reduction Account.''. SEC. 275. AMENDMENTS TO JOINT RESOLUTIONS ON THE BUDGET. (a) Definition.--Paragraph (4) of section 3 of the Congressional Budget Act of 1974 is amended to read as follows: ``(4) the term `joint resolution on the budget' means-- ``(A) a joint resolution setting forth the budget for the United States Government for a fiscal year as provided in section 301; and ``(B) any other joint resolution revising the budget for the United States Government for a fiscal year as described in section 304.''. (b) Additional Amendments to the Congressional Budget and Impoundment Control Act of 1974.--(1)(A) Sections 301, 302, 303, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking ``concurrent'' each place it appears and inserting ``joint''. (B) Section 301 of the Congressional Budget Act of 1974 is further amended by striking the last sentence. (C)(i) Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking ``most recently agreed to concurrent resolution on the budget'' each place it occurs and inserting ``most recently enacted joint resolution on the budget or agreed to concurrent resolution on the budget (as applicable)''. (ii) The section heading of section 301 is amended by striking ``annual adoption of concurrent resolution'' and inserting ``joint resolutions''; and (iii) Section 304 of such Act is amended to read as follows: ``permissible revisions of budget resolutions ``Sec. 304. At any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement off of the budget resolution.''. (D) Sections 302, 303, 310, and 311, of such Act are amended by striking ``agreed to'' each place it appears and by inserting ``enacted''. (2)(A) Paragraph (4) of section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking ``concurrent'' each place it appears and by inserting ``joint''. (B) The table of contents set forth in section 1(b) of such Act is amended-- (i) in the item relating to section 301, by striking ``Annual adoption of concurrent resolution'' and inserting ``Joint resolutions''; (ii) by striking the item relating to section 303 and inserting the following: ``Sec. 303. Consideration of budget-related legislation before budget becomes law.''. (iii) by striking ``concurrent'' and inserting ``joint'' in the item relating to section 305. (c) Conforming Amendments to the Rules of the House of Representatives.--Clauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking ``concurrent'' each place it appears and inserting ``joint''. (d) Conforming Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985.--Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking ``concurrent'' and inserting ``joint''. (e) Conforming Amendments to Section 310 Regarding Reconciliation Directives.--(1) The side heading of section 310(a) of the Congressional Budget Act of 1974 (as amended by section 105(b)) is further amended by inserting ``Joint Explanatory Statement Accompanying Conference Report on'' before ``Joint''. (2) Section 310(a) of such Act is amended by striking ``A'' and inserting ``The joint explanatory statement accompanying the conference report on a''. (3) The first sentence of section 310(b) of such Act is amended by striking ``If'' and inserting ``If the joint explanatory statement accompanying the conference report on''. (4) Section 310(c)(1) of such Act is amended by inserting ``the joint explanatory statement accompanying the conference report on'' after ``pursuant to''. (f) Conforming Amendments to Section 3 Regarding Direct Spending.-- Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11) The term `direct spending' has the meaning given to such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. TITLE III--FISCAL DISCIPLINE, EARMARK REFORM, AND ACCOUNTABILITY ACT SEC. 301. SHORT TITLE. This title may be cited as the ``Fiscal Discipline, Earmark Reform, and Accountability Act''. SEC. 302. REFORM OF CONSIDERATION OF APPROPRIATIONS BILLS IN THE SENATE. (a) In General.--Rule XVI of the Standing Rules of the Senate is amended by adding at the end the following: ``9. (a) On a point of order made by any Senator: ``(1) No new or general legislation nor any unauthorized appropriation may be included in any general appropriation bill. ``(2) No amendment may be received to any general appropriation bill the effect of which will be to add an unauthorized appropriation to the bill. ``(3) No unauthorized appropriation may be included in any amendment between the Houses, or any amendment thereto, in relation to a general appropriation bill. ``(b)(1) If a point of order under subparagraph (a)(1) against a Senate bill or amendment is sustained-- ``(A) the new or general legislation or unauthorized appropriation shall be struck from the bill or amendment; and ``(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the bill or amendment shall be made. ``(2) If a point of order under subparagraph (a)(1) against an Act of the House of Representatives is sustained when the Senate is not considering an amendment in the nature of a substitute, an amendment to the House bill is deemed to have been adopted that-- ``(A) strikes the new or general legislation or unauthorized appropriation from the bill; and ``(B) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the bill; ``(c) If the point of order against an amendment under subparagraph (a)(2) is sustained, the amendment shall be out of order and may not be considered. ``(d)(1) If a point of order under subparagraph (a)(3) against a Senate amendment is sustained-- ``(A) the unauthorized appropriation shall be struck from the amendment; ``(B) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck from the amendment shall be made; and ``(C) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the amendment as so modified. ``(2) If a point of order under subparagraph (a)(3) against a House of Representatives amendment is sustained-- ``(A) an amendment to the House amendment is deemed to have been adopted that-- ``(i) strikes the new or general legislation or unauthorized appropriation from the House amendment; and ``(ii) modifies, if necessary, the total amounts appropriated by the bill to reflect the deletion of the matter struck from the House amendment; and ``(B) after all other points of order under this paragraph have been disposed of, the Senate shall proceed to consider the question of whether to concur with further amendment. ``(e) The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter. ``(f) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn. ``(g) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a general appropriation bill or an amendment between the Houses on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (f), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. ``(h) For purposes of this paragraph: ``(1) The term `new or general legislation' has the meaning given that term when it is used in paragraph 2 of this rule. ``(2) The term `new matter' means matter not committed to conference by either House of Congress. ``(3)(A) The term `unauthorized appropriation' means a `congressionally directed spending item' as defined in rule XLIV-- ``(i) that is not specifically authorized by law or Treaty stipulation (unless the appropriation has been specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law); or ``(ii) the amount of which exceeds the amount specifically authorized by law or Treaty stipulation (or specifically authorized by an Act or resolution previously passed by the Senate during the same session or proposed in pursuance of an estimate submitted in accordance with law) to be appropriated. ``(B) An appropriation is not specifically authorized if it is restricted or directed to, or authorized to be obligated or expended for the benefit of, an identifiable person, program, project, entity, or jurisdiction by earmarking or other specification, whether by name or description, in a manner that is so restricted, directed, or authorized that it applies only to a single identifiable person, program, project, entity, or jurisdiction, unless the identifiable person, program, project, entity, or jurisdiction to which the restriction, direction, or authorization applies is described or otherwise clearly identified in a law or Treaty stipulation (or an Act or resolution previously passed by the Senate during the same session or in the estimate submitted in accordance with law) that specifically provides for the restriction, direction, or authorization of appropriation for such person, program, project, entity, or jurisdiction. ``10. (a) On a point of order made by any Senator, no new or general legislation, nor any unauthorized appropriation, new matter, or nongermane matter may be included in any conference report on a general appropriation bill. ``(b) If the point of order against a conference report under subparagraph (a) is sustained-- ``(1) the new or general legislation, unauthorized appropriation, new matter, or nongermane matter in such conference report shall be deemed to have been struck; ``(2) any modification of total amounts appropriated necessary to reflect the deletion of the matter struck shall be deemed to have been made; ``(3) when all other points of order under this paragraph have been disposed of-- ``(A) the Senate shall proceed to consider the question of whether the Senate should recede from its amendment to the House bill, or its disagreement to the amendment of the House, and concur with a further amendment, which further amendment shall consist of only that portion of the conference report not deemed to have been struck (together with any modification of total amounts appropriated); ``(B) the question shall be debatable; and ``(C) no further amendment shall be in order; and ``(4) if the Senate agrees to the amendment, then the bill and the Senate amendment thereto shall be returned to the House for its concurrence in the amendment of the Senate. ``(c) The disposition of a point of order made under any other paragraph of this rule, or under any other Standing Rule of the Senate, that is not sustained, or is waived, does not preclude, or affect, a point of order made under subparagraph (a) with respect to the same matter. ``(d) A point of order under subparagraph (a) may be waived only by a motion agreed to by the affirmative vote of three-fifths of the Senators duly chosen and sworn. If an appeal is taken from the ruling of the Presiding Officer with respect to such a point of order, the ruling of the Presiding Officer shall be sustained absent an affirmative vote of three-fifths of the Senators duly chosen and sworn. ``(e) Notwithstanding any other rule of the Senate, it shall be in order for a Senator to raise a single point of order that several provisions of a conference report on a general appropriation bill violate subparagraph (a). The Presiding Officer may sustain the point of order as to some or all of the provisions against which the Senator raised the point of order. If the Presiding Officer so sustains the point of order as to some or all of the provisions against which the Senator raised the point of order, then only those provisions against which the Presiding Officer sustains the point of order shall be deemed stricken pursuant to this paragraph. Before the Presiding Officer rules on such a point of order, any Senator may move to waive such a point of order, in accordance with subparagraph (d), as it applies to some or all of the provisions against which the point of order was raised. Such a motion to waive is amendable in accordance with the rules and precedents of the Senate. After the Presiding Officer rules on such a point of order, any Senator may appeal the ruling of the Presiding Officer on such a point of order as it applies to some or all of the provisions on which the Presiding Officer ruled. ``(f) For purposes of this paragraph: ``(1) The terms `new or general legislation', `new matter', and `unauthorized appropriation' have the same meaning as in paragraph 9. ``(2) The term `nongermane matter' has the same meaning as in rule XXII and under the precedents attendant thereto, as of the beginning of the 110th Congress.''. (b) Requiring Conference Reports To Be Searchable Online.-- Paragraph 3(a)(2) of rule XLIV of the Standing Rules of the Senate is amended by inserting ``in an searchable format'' after ``available''. SEC. 303. LOBBYING ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS. The Lobbying Disclosure Act of 1995 is amended by adding after section 5 the following: ``SEC. 5A. REPORTS BY RECIPIENTS OF FEDERAL FUNDS. ``(a) In General.--A recipient of Federal funds shall file a report as required by section 5(a) containing-- ``(1) the name of any lobbyist registered under this Act to whom the recipient paid money to lobby on behalf of the Federal funding received by the recipient; and ``(2) the amount of money paid as described in paragraph (1). ``(b) Definition.--In this section, the term `recipient of Federal funds' means the recipient of Federal funds constituting an award, grant, or loan.''.

Fiscal Freeze Act of 2010 - Congressional Accountability and Line Item Veto Act of 2010 - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to propose the repeal of any congressional earmark or the cancellation (line item veto) of any limited tariff or targeted tax benefit. Dedicates any such repeal or cancellation solely to deficit reduction or increase of a surplus. Prescribes procedures for expedited consideration in each chamber for such proposals. Authorizes the President temporarily to withhold congressional earmarks from obligation or suspend a limited tariff or targeted tax benefit. Expresses the sense of Congress on abuse of proposed repeals and cancellations. Makes it out of order in both chambers to consider legislation containing a congressional earmark or an earmark attributable to the President for any fiscal year in which there is or will be a deficit as determined by the Congressional Budget Office (CBO). Permits waiver or suspension of such prohibition, or successful appeals from rulings of the Chair, only by an affirmative vote of three-fifths (60) of the Senate. Directs the chairs of the congressional budget committees to each maintain a deficit reduction Discretionary Account and a deficit reduction Mandatory Account. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to define the total level of discretionary spending for all non-security discretionary spending programs, projects, and activities to mean, in any fiscal year through FY2020 in which there is a deficit, an amount of discretionary spending outlays not exceeding the discretionary spending outlays for the preceding fiscal year as adjusted for inflation. Establishes total spending limits for FY2010-FY2020 and thereafter, as well as total deficit limits for FY2011-FY2020 and thereafter. Prescribes administrative procedures for: (1) spending reduction orders; and (2) sequestration reports for discretionary spending limits, total spending limits, and deficit limits. Amends the Congressional Budget Act of 1974 (CBA) with respect to spending and deficit limit enforcement mechanisms. Amends the Gramm-Rudman-Hollings Act to prescribe administrative and legislative procedures for spending reduction orders for discretionary spending limits, total spending limits, and deficit limits, with specified exceptions. Amends the Gramm-Rudman-Hollings Act to suspend sequestration procedures for the spending or deficit limits in this Act upon the enactment of a declaration of war or the joint resolution suspending certain provisions of law. Provides for continuing appropriations if any regular appropriation bill for a fiscal year (or, if applicable, for each fiscal year in a biennium) does not become law before the beginning of such fiscal year or a joint resolution making continuing appropriations is not in effect. (Thus prevents federal government shutdown.) Amends the CBA to require joint budget resolutions signed by the President (currently, concurrent resolutions, which do not have to be signed by the President). Repeals the requirement for submission to the House of Representatives of an allocation and sub-allocations, consistent with the discretionary spending levels in the most recently agreed to budget resolution, in the event that no new budget resolution becomes law before April 15 of any year. Requires consideration of budget-related legislation before the budget resolution becomes law. Prescribes procedures for expedited consideration in each chamber of a presidential veto of a budget resolution. Fiscal Discipline, Earmark Reform, and Accountability Act - Amends the Standing Rules of the Senate to revise procedures for consideration of points of order against consideration of certain general appropriations bills in the Senate. Amends the Rules to require all conference reports to be searchable online. Amends the Lobbying Disclosure Act of 1995 to require a recipient of federal funds to disclose any registered lobbyist to whom the recipient paid money to lobby on behalf of such funding, including the amount of such funds.

A bill to provide fiscal discipline through a freeze on spending and budget process reforms.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business High Technology Entrepreneurship Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The United States is uniquely positioned to benefit from the development and commercialization of technology resulting from the development of biosciences, information technology, and electronic technology. (2) Advances in biosciences, information technology, and electronic technology will create new products, services, and businesses, leading to high paying jobs and economic growth. (3) Technology networks are becoming necessary tools for businesses in the United States because of their ability to efficiently transfer information. (4) The development of biotechnology has produced processes such as 3-dimensional volume visualization and advanced signal processing which will help revolutionize both medical diagnostics and surgery. (5) The ability of the electronic industry to rapidly develop and manufacture measuring devices, sensors, semiconductors, and other electronic components is an essential component to providing for the national security of the United States. (6) The bioscience, information technology, and electronic technology sectors of the economy have all produced important products, services, and businesses. (7) Building on past gains in these sectors is vital to growing the United States economy, promoting health, and increasing educational opportunities. (b) Purpose.--The purpose of this Act is to enable small business concerns engaged in biotechnology, computer technology, and electronics to produce essential new products, businesses, employment opportunities, and economic growth through technological innovation. SEC. 3. TECHNOLOGY DIRECT LOAN PILOT PROGRAM. (a) In General.--The Administrator of the Small Business Administration may make direct loans under section 7(a) of the Small Business Act (15 U.S.C. 636(a)) to technology-related small business concerns located in a technology region. (b) Special Rules.--Notwithstanding the requirements of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), the following special rules apply to loans described in subsection (a): (1) Amount of loans.--The Administrator may make such a loan to a small business concern if the total amount outstanding and committed to such concern under subsection (a) of this section and section 7(a) of the Small Business Act (15 U.S.C. 636(a)) would not exceed $5,000,000. (2) Technological consultation.-- (A) In general.--In evaluating each application for such a loan, the Administrator shall consult with, and give considerable weight to the assessments, recommendations, and conclusions of, the regional technology consultant regarding the technological feasibility and commercial viability of the applicant's business plan, including any technological research or development involved in such plan. (B) Selection of regional technology consultants.-- The Administrator shall select 1 non-profit organization located in each technology region to serve as the technology consultant for such region. In selecting each regional technology consultant, the Administrator shall ensure that such consultant has knowledge and experience in evaluating the technological feasibility and commercial viability of business plans of technology-related small business concerns. (3) Rule for resolving reasonable doubts.--Recognizing that greater risk may be associated with such loans, any reasonable doubt regarding the soundness of the applicant's business plan (including the feasibility and viability of any technological research or development involved in such plan) or the soundness of the loan for purposes of section 7(a)(6) of the Small Business Act (15 U.S.C. 536(a)(6)) shall be resolved in favor the applicant. (c) Termination.--The Administrator may not make a loan pursuant to the special rules of this section after the end of the 2-year period beginning on the date of the enactment of this Act. (d) Annual Reports.--In any year during which the Administrator is authorized to make loans under this section, the Administrator shall submit to Congress a report regarding the technology direct loan pilot project conducted under this section. Such report shall include-- (1) a list of the technology-related small business concerns approved for loans under this section during such year and the amounts of such loans; (2) recommendations for legislation that would improve the pilot project; and (3) recommendations regarding the expansion of the pilot project to additional technology regions or for an additional period of time. (e) Definitions.--For purposes of this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Regional technology consultant.--The term ``regional technology consultant'' means the technology consultant selected by the Administrator under subsection (b)(2)(B) for a technology region. (3) Small business concern.--The term ``small business concern'' has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (4) Technology region.--The term ``technology region'' describes each of the following regions: (A) Nassau and Suffolk Counties in New York. (B) Santa Clara and Santa Cruz Counties in California. (5) Technology-related small business concern.--The term ``technology-related small business concern'' means any small business concern primarily engaged in one or any combination of the following: (A) Developing, producing, assembling, or manufacturing electronic components, computer hardware, or computer software; or (B) The biotechnology industry.

Small Business High Technology Entrepreneurship Act of 2001 - Authorizes the Administrator of the Small Business Administration (SBA) to make direct loans under the Small Business Act to technology-related small businesses located in a technology region. Allows such a loan if the total amount of SBA loans to such business does not exceed $5 million. Requires the Administrator, in evaluating each loan applicant, to consult with and give considerable weight to the assessments, recommendations, and conclusions of the regional technology consultant regarding the technological feasibility and commercial viability of the applicant's business plan for the use of such funds, including any technological research or development involved. Requires the Administrator to select one nonprofit organization in each technology region to serve as such consultant.

To establish a pilot program under which the Administrator of the Small Business Administration, in consultation with regional technology consultants, may make direct loans to technology-related small business concerns.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Hospital Enhancement and Long Term Health Act of 2016''. SEC. 2. GREATER AVAILABILITY OF COMMUNITY FACILITIES GRANTS FOR RURAL HOSPITALS. (a) In General.--Section 306(a)(19) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(19)) is amended by adding at the end the following: ``(C) Special rules applicable to grants for hospitals.--In the case of a grant under this paragraph for a hospital: ``(i) Maximum grant.--The maximum amount of such a grant shall be $100,000. ``(ii) No financing requirement.--The Secretary may not condition the provision of such a grant on the inability of the applicant to finance the proposed project, in whole or in part, from the resources of the applicant, through commercial credit at reasonable rates and terms, or from any other funding source. ``(iii) Federal share.--The amount of such a grant shall not exceed 50 percent of the cost of developing the hospital.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act. SEC. 3. REAUTHORIZATION OF PROGRAM OF GRANTS TO STATE OFFICES OF RURAL HEALTH. Section 338J of the Public Health Service Act (42 U.S.C. 254r) is amended to read as follows: ``SEC. 338J. GRANTS TO STATE OFFICES OF RURAL HEALTH. ``(a) In General.--The Secretary, acting through the Director of the Office of Rural Health Policy (established in section 711 of the Social Security Act), shall make grants to each State Office of Rural Health for the purpose of improving health care in rural areas. ``(b) Requirement of Matching Funds.-- ``(1) In general.--Subject to paragraph (2), the Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees, with respect to the costs to be incurred in carrying out the purpose described in such subsection, to provide non-Federal contributions toward such costs in an amount equal to $3 for each $1 of Federal funds provided in the grant. ``(2) Waiver or reduction.--The Secretary may waive or reduce the non-Federal contribution if the State Office of Rural Health can demonstrate that requiring matching funds would limit its ability to carry out the purpose described in subsection (a). ``(3) Determination of amount of non-federal contribution.--Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. ``(c) Certain Required Activities.--Activities for which grant dollars shall be awarded under subsection (a) include-- ``(1) maintaining within the State Office of Rural Health a clearinghouse for collecting and disseminating information on-- ``(A) rural health care issues; ``(B) research findings relating to rural health care; and ``(C) innovative approaches to the delivery of health care in rural areas; ``(2) coordinating the activities carried out in the State that relate to rural health care, including providing coordination for the purpose of avoiding redundancy in such activities; and ``(3) identifying Federal and State programs regarding rural health, and providing technical assistance to public and nonprofit private entities regarding participation in such programs. ``(d) Requirement Regarding Annual Budget for Office.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that, for any fiscal year for which the State Office of Rural Health receives such a grant, the office operated pursuant to subsection (a) will be provided with an annual budget of not less than $50,000. ``(e) Certain Uses of Funds.-- ``(1) Restrictions.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees that the grant will not be expended-- ``(A) to provide health care (including providing cash payments regarding such care); ``(B) to conduct activities for which Federal funds are expended-- ``(i) within the State to provide technical and other nonfinancial assistance under subsection (f) of section 330; ``(ii) under a memorandum of agreement entered into with the State Office of Rural Health under subsection (h) of such section; or ``(iii) under a grant under section 338I; ``(C) to purchase medical equipment, to purchase ambulances, aircraft, or other vehicles, or to purchase major communications equipment; ``(D) to purchase or improve real property; or ``(E) to carry out any activity regarding a certificate of need. ``(2) Authorities.--Activities for which a State Office of Rural Health may expend a grant under subsection (a) include-- ``(A) paying the costs of maintaining such Office for the purpose described in subsection (a); ``(B) subject to paragraph (1)(B)(iii), paying the costs of any activity carried out with respect to recruiting and retaining health professionals to serve in rural areas of the State; and ``(C) providing grants and contracts to public and nonprofit private entities to carry out activities authorized in this section. ``(f) Reports.--The Secretary may not make a grant under subsection (a) unless the State Office of Rural Health involved agrees-- ``(1) to submit to the Secretary reports or performance data containing such information as the Secretary may require regarding activities carried out under this section; and ``(2) to submit such a report or performance data not later than the close of the fiscal year immediately following any fiscal year for which the State Office of Rural Health has received such a grant. ``(g) Requirement of Application.--The Secretary may not make a grant under subsection (a) unless an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out such subsection. ``(h) Noncompliance.--The Secretary may not make payments under subsection (a) to a State Office of Rural Health for any fiscal year subsequent to the first fiscal year of such payments unless the Secretary determines that, for the immediately preceding fiscal year, the State Office of Rural Health has complied with each of the agreements made by the State Office of Rural Health under this section. ``(i) Definitions.--In this section: ``(1) The term `State' means each of the several States. ``(2) The term `State Office of Rural Health' means, with respect to a State, the agency or office that is primarily responsible for improving health care in rural areas. ``(j) Authorization of Appropriations.-- ``(1) In general.--For the purpose of making grants under subsection (a), there are authorized to be appropriated, $15,000,000 for fiscal year 2017 and such sums as may be necessary for fiscal years 2018 through 2021. ``(2) Availability.--Amounts appropriated under paragraph (1) shall remain available until expended.''. SEC. 4. ANNUAL STUDY AND REPORT ON RURAL HOSPITALS. (a) Study.--The Secretary of Health and Human Services shall, with respect to the first fiscal year beginning after the date of the enactment of this Act and each fiscal year thereafter, conduct an annual study on the following: (1) The number of rural hospitals that closed in such fiscal year. (2) With respect to the rural hospitals that so closed in such fiscal year, the reasons for such closures. (3) With respect to the rural hospitals that so closed in such fiscal year, the effect such closure had on patient access to care for the given area. (4) With respect to each category of rural hospitals described in subsection (b), the financial well-being of the rural hospitals in such category during such fiscal year. (b) Categories Described.--The categories of rural hospitals described in this subsection are the following: (1) Rural hospitals that are critical access hospitals (as defined in section 1861(mm)(1) of the Social Security Act (42 U.S.C. 1395x(mm)(1))). (2) Rural hospitals that are sole community hospitals (as defined in section 1886(d)(5)(D)(iii) of such Act (42 U.S.C. 1395ww(d)(5)(D)(iii))). (3) Rural hospitals that are a medicare-dependent, small rural hospital (as defined in section 1886(d)(5)(G) of such Act (42 U.S.C. 1395ww(d)(5)(G))). (4) Any other such category of rural hospitals that the Secretary of Health and Human Services determines appropriate. (c) Definition of Rural Hospital.--For purposes of this section, the term ``rural hospital'' means a hospital located in a rural area (as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D))). (d) Report.--With respect to each study conducted pursuant to subsection (a) with respect to a fiscal year, the Secretary of Health and Human Services shall, not later than December 31 of the following fiscal year, submit to Congress and to each State office of rural health (as described in section 338J(a) of the Public Health Service Act (42 U.S.C. 254r(a))) a report on such study.

Rural Hospital Enhancement and Long Term Health Act of 2016 This bill revises the Consolidated Farm and Rural Development Act by increasing the maximum grant amount for hospitals under the community facilities grant program. The Department of Health and Human Services (HHS) may not condition grants on the inability of applicants to finance their projects. The bill amends the Public Health Service Act by reauthorizing through FY2021 and revising the grant program for state offices of rural health, including by requiring HHS to make the grants, thus removing HHS' discretion to make them. HHS must report annually to Congress and each state office of rural health on rural hospitals' closures.

Rural Hospital Enhancement and Long Term Health Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``International Indigenous Peoples Protection Act of 1993''. SEC. 2. FINDINGS. (a) Deteriorating Situation Facing Indigenous and Tribal Peoples.-- The Congress makes the following findings: (1) The situation of indigenous and tribal peoples in developing countries is deteriorating world-wide. (2) Many of these populations face severe discrimination, denial of human rights, loss of cultural and religious freedoms, or in the worst cases, cultural or physical destruction. (3) If current trends in many parts of the world continue the cultural, social, and linguistic diversity of humankind will be radically and irrevocably diminished. (4) In addition, immense, undocumented repositories of ecological, biological, and pharmacological knowledge will be lost, as well as an immeasurable wealth of cultural, social, religious, and artistic expression, which together constitute part of the collective patrimony of the human species. (5) The pressures on indigenous and tribal peoples, about 10 percent of the world's population, include denial of political and civil rights and of opportunities for self- determination, destruction of natural resources necessary for survival, and ethnic, racial, and economic marginalization. (6) In many cases, unsound development policy that results in destruction of natural resources seriously jeopardizes indigenous and tribal peoples' physical survival and their cultural autonomy, frequently also undermining the possibility for long-term sustainable economic development. (7) The loss of the cultural diversity for indigenous and tribal peoples is not an inevitable or natural process. (8) In light of United States concern and respect for human rights and basic human freedoms, including rights to express cultural and religious preferences, as well as the United States desire for sustainable economic development, it is incumbent on the United States to take a leadership role in addressing indigenous and tribal peoples' rights to physical and cultural survival. (b) Definition of Indigenous and Tribal Peoples.--Indigenous and tribal peoples in developing countries are those populations that are ethnically, culturally, or socially distinct from the politically dominant society on the regional or national level. These peoples are often (but not invariably) minorities, and invariably have little, if any, political representation or influence in governments. Many such peoples are marginally integrated into market economies and practice traditional, partially or wholly subsistence-based forms of economic activity. Examples of indigenous or tribal peoples include lowland South American Indians, Basarwa of Botswana and Namibia, Mayan Indians in Central America, and registered tribes in India. SEC. 3. PROMOTING AND PROTECTING THE RIGHTS OF INDIGENOUS AND TRIBAL PEOPLES. The Secretary of State and the Administrator of the Agency for International Development shall ensure-- (1) that United States foreign policy and foreign assistance vigorously promote the rights of indigenous and tribal peoples throughout the world; and (2) that United States foreign assistance is not provided for any project or program detrimental to the rights of indigenous or tribal peoples or to their livelihood. The rights of indigenous and tribal peoples to be promoted and protected pursuant to this section include the right to maintain their cultural, religious, and other traditions, customs, and institutions. SEC. 4. BASELINE REPORT ON INDIGENOUS AND TRIBAL PEOPLES. (a) Purpose.--The purpose of this section and section 5 is to help-- (1) guide future United States foreign assistance and other actions that could affect indigenous and tribal peoples, and (2) permit United States actions that would assist these peoples. (b) Preparation of Report.--The Administrator of the Agency for International Development, in consultation with the Secretary of State, shall prepare a report on indigenous and tribal peoples in developing countries. This report shall include the following: (1) A description of the economic, political, and social situation of indigenous and tribal peoples. (2) A discussion of the effects of United States bilateral foreign assistance and United States-supported multilateral assistance on indigenous and tribal peoples, including a description of those projects and activities currently being funded by the Agency for International Development-- (A) which have a positive impact on indigenous and tribal peoples, or (B) which have a negative impact on indigenous and tribal peoples. (3) A comprehensive strategy for regularly monitoring and improving the situation of indigenous and tribal peoples, including-- (A) a description of the methodology and the guidelines to be used in carrying out the monitoring required by section 5, and (B) a description of the specific actions that the Agency for International Development proposes to take to improve the situation of indigenous and tribal peoples. (c) Consultation With NGOs.--The Administrator shall consult with nongovernmental organizations with experience in monitoring and reporting on indigenous and tribal peoples, and with other interested persons, throughout the preparation of the report required by subsection (b), but in particular-- (1) in determining the scope of that report; and (2) in developing the methodology to be used in preparing that report. (d) Submission to Congress.--Not later than 6 months after the date of enactment of this Act, the Administrator shall submit the report prepared pursuant to subsection (b) to the Congress. SEC. 5. MONITORING REGARDING INDIGENOUS AND TRIBAL PEOPLES. (a) Monitoring.--The Agency for International Development (in consultation with the Department of State), on a regular basis, shall collect information concerning and shall analyze the situation of indigenous and tribal peoples in developing countries. (b) Use of NGOs.--In carrying out subsection (a), the Agency shall, wherever appropriate, use nongovernmental organizations with experience in monitoring and reporting on indigenous and tribal peoples. (c) Annual Reports to Congress.--Following completion of the report required by section 4, the Administrator of the Agency for International Development shall submit to the Congress, not later than February 1 each year, a report which-- (1) presents the findings resulting from the monitoring of indigenous and tribal peoples carried out pursuant to subsection (a); (2) updates the information provided in the report submitted pursuant to section 4; and (3) describes the activities which the Agency for International Development proposes to fund for the coming fiscal year to address the problems facing indigenous and tribal peoples in developing countries, specifying which activities will be carried out by the Agency and which will be carried out by nongovernmental organizations. SEC. 6. ANNUAL HUMAN RIGHTS REPORTS. In each report submitted to the Congress pursuant to sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961, the Secretary of State shall include a description of each country's practices regarding the observation of and respect for the internationally recognized human rights of indigenous and tribal peoples in that country.

International Indigenous Peoples Protection Act of 1993 - Directs the Secretary of State and the Administrator of the Agency for International Development (AID) to ensure that: (1) U.S. foreign policy and foreign assistance promote the rights of indigenous and tribal peoples throughout the world; and (2) U.S. foreign assistance is not provided for any project or program detrimental to indigenous or tribal peoples' rights or livelihood. Requires the Administrator to prepare and submit to the Congress a baseline report on indigenous and tribal peoples in developing countries, including a discussion of the effects of U.S. bilateral and multilateral assistance. Requires AID to use nongovernmental organizations to monitor and analyze the situation of indigenous and tribal peoples in developing countries on a regular basis. Requires the Administrator to prepare and submit to the Congress annual reports concerning the monitoring of indigenous and tribal peoples and updating of the required baseline report. Requires the Secretary of State to include in each annual human rights report submitted to the Congress a discussion of each country's observance of and respect for the human rights of the indigenous and tribal peoples in that country.

International Indigenous Peoples Protection Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity for School Teachers Act of 2001''. SEC. 2. DEDUCTION FOR CERTAIN PROFESSIONAL DEVELOPMENT EXPENSES AND CLASSROOM SUPPLIES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a)(2) of section 62 of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by adding at the end the following new subparagraph: ``(D) Certain professional development expenses and classroom supplies for teachers.--The deductions allowed by section 162 which consist of qualified professional development expenses and qualified elementary and secondary education expenses paid or incurred by an eligible teacher.''. (b) Definitions.--Section 62 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Qualified Expenses of Eligible Teachers.--For purposes of subsection (a)(2)(D)-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, and ``(v) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this subsection. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for any taxable year for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Eligible teacher.-- ``(A) In general.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(B) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.

Tax Equity for School Teachers Act of 2001 - Amends the Internal Revenue Code to allow as a deduction against gross income certain professional development expenses of, and classroom supplies provided by, eligible kindergarten, elementary, and secondary school teachers, instructors, aides, counselors, and principals.(Such expenses to be allowed whether or not the taxpayer itemizes, and not subject to the two percent miscellaneous deduction rule.)

A bill to amend the Internal Revenue Code of 1986 to allow an above-the-line deduction for certain professional development expenses and classroom supplies of elementary and secondary school teachers

SECTION 1. FINDINGS. The Congress finds as follows: (1) The Reverend Joseph Armstrong DeLaine, one of the true heroes of the civil rights struggle, led a crusade to break down barriers in education in South Carolina. (2) The efforts of Reverend DeLaine led to the desegregation of public schools in the United States, but forever scarred his own life. (3) In 1949, Joseph DeLaine, a minister and school principal, organized African-American parents in Summerton, South Carolina, to petition the school board for a bus for black students, who had to walk up to 10 miles through corn and cotton fields to attend a segregated school, while the white children in the school district rode to and from school in nice clean buses. (4) In 1950, these same parents, including Harry and Eliza Briggs, sued to end public school segregation in Briggs et al. v. Elliott et al., one of 5 cases that collectively led to the landmark 1954 Supreme Court decision of Brown et al. v. Board of Education of Topeka et al. (5) Because of his participation in the desegregation movement, Reverend DeLaine was subjected to repeated acts of domestic terror in which-- (A) he, along with 2 sisters and a niece, lost their jobs; (B) he fought off an angry mob; (C) he received frequent death threats; and (D) his church and his home were burned to the ground. (6) In October 1955, after Reverend DeLaine relocated to Florence County in South Carolina, shots were fired at the DeLaine home, and because Reverend DeLaine fired back to mark the car, he was charged with assault and battery with intent to kill. (7) The shooting incident drove him from South Carolina to Buffalo, New York, where he organized an African Methodist Episcopal Church. (8) Believing that he would not be treated fairly by the South Carolina judicial system if he returned to South Carolina, Reverend DeLaine told the Federal Bureau of Investigation, ``I am not running from justice but injustice'', and it was not until 2000 (26 years after his death and 45 years after the incident) that Reverend DeLaine was cleared of all charges relating to the October 1955 incident. (9) Reverend DeLaine was a humble and fearless man who showed the Nation that all people, regardless of the color of their skin, deserve a first-rate education, a lesson from which the Nation has benefited immeasurably. (10) Reverend DeLaine deserves rightful recognition for the suffering that he and his family endured to teach the Nation one of the great civil rights lessons of the last century. (11) Like the Reverend DeLaine and Harry and Eliza Briggs, Levi Pearson was an integral participant in the struggle to equalize the educational experiences of white and black students in South Carolina. (12) Levi Pearson, with the assistance of Reverend Joseph DeLaine, filed a lawsuit against the Clarendon County School District to protest the inequitable treatment of black children. (13) As a result of his lawsuit, Levi Pearson also suffered from acts of domestic terror, such as the time gun shots were fired into his home, as well as economic consequences: local banks refused to provide him with credit to purchase farming materials and area farmers refused to lend him equipment. (14) Although his case was ultimately dismissed on a technicality, Levi Pearson's courage to stand up for equalized treatment and funding for black students served as the catalyst for further attempts to desegregate South Carolina schools, as he continued to fight against segregation practices and became President of Clarendon County Chapter of the NAACP. (15) When Levi Pearson's litigation efforts to obtain equalized treatment and funding for black students were stymied, Harry and Eliza Briggs, a service station attendant and a maid, continued to fight for not only equalized treatment of all children but desegregated schools as well. (16) As with Reverend DeLaine and Levi Pearson, the family of Harry and Eliza Briggs suffered consequences for their efforts: Harry and Eliza both were fired from their jobs and forced to move their family to Florida. (17) Although they and their family suffered tremendously, Harry and Eliza Briggs were also pioneers leading the effort to desegregate America's public schools. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--In recognition of the contributions of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson to the Nation as pioneers in the effort to desegregate public schools that led directly to the landmark desegregation case of Brown et al. v. the Board of Education of Topeka et al., the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design, to Joseph De Laine, Jr., as next of kin of Reverend Joseph A. DeLaine, and to the next of kin or other personal representative of Harry and Eliza Briggs and of Levi Pearson. (b) Design and Striking.--For the purposes of the awards referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike 3 gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medals struck pursuant to section 2, under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medals. SEC. 4. STATUS AS NATIONAL MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 5. FUNDING. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the cost of the medals authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes the President to award congressional gold medals posthumously, to their next of kin, on behalf of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson, in recognition of their contributions to the Nation as pioneers in South Carolina in the effort to desegregate public schools that led directly to the landmark desegregation case of Brown et al. v. the Board of Education of Topeka et al. Directs that amounts received from the sale of duplicate bronze medals be deposited in the U.S. Mint Public Enterprise Fund.

To award congressional gold medals posthumously on behalf of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson in recognition of their contributions to the Nation as pioneers in the effort to desegregate public schools that led directly to the landmark desegregation case of Brown et al. v. the Board of Education of Topeka et al.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cache la Poudre River Corridor Technical Amendments Act of 2001''. SEC. 2. CACHE LA POUDRE RIVER CORRIDOR. Section 103(b) of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is amended in paragraphs (12) through (19) by striking ``larimer county'' each place it appears and inserting ``weld county''. SEC. 3. CACHE LA POUDRE RIVER CORRIDOR COMMISSION. Section 104 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) In General.--There is established a commission to be known as the `Cache La Poudre Corridor Commission'.''; and (2) in subsection (b)-- (A) by striking ``The Secretary may provide recognition under subsection (a) only if the Commission reflects the following:''; (B) in paragraph (1)(A)-- (i) by striking ``6 months after the date of enactment of this Act'' and inserting the following: ``180 days after the date of enactment of the Cache la Poudre River Corridor Technical Amendments Act of 2001''; (ii) by striking clause (iii) and inserting the following: ``(iii) 3 members who reside in Larimer County or Weld County, and who are knowledgeable in the interests of the Corridor, shall be appointed by the Secretary from a list of candidates recommended by the Governor, of whom-- ``(I) 1 member shall represent the State; ``(II) 1 member shall represent Colorado State University in Fort Collins, Colorado; and ``(III) 1 member shall represent the Northern Colorado Water Conservancy District;''; (iii) in clause (iv)-- (I) by striking ``who are recommended by the Governor and appointed by the Secretary,'' and inserting ``who shall be appointed by the Secretary from a list of candidates recommended by the Governor,''; (II) by striking subclause (II) and inserting the following: ``(II) 2 members, who shall reside in Larimer County and shall be knowledgeable in the interests of Larimer County, and of whom 1 shall be knowledgeable in agriculture or irrigated water interests, shall represent Larimer County;''; (III) by striking subclause (IV) and inserting the following: ``(IV) 2 members, who shall reside in Weld County and shall be knowledgeable in the interests of Weld County, and of whom 1 shall be knowledgeable in agriculture or irrigated water interests, shall represent Weld County;''; and (IV) in clause (V), by striking ``and'' at the end; (iv) in clause (v)-- (I) by striking ``shall be recommended by the Governor and appointed by the Secretary,'' and inserting ``shall be appointed by the Secretary from a list of candidates recommended by the Governor,''; and (II) in subclause (III)-- (aa) by striking ``within'' and inserting ``in the vicinity of''; and (bb) by striking the period at the end and inserting ``; and''; and (v) by inserting after clause (v) the following: ``(vi) the members appointed under clauses (iii) through (v) of paragraph (1)(A) shall be considered to be government employees subject to the Ethics in Government Act (5 U.S.C. App.).''; and (C) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) Initial members.-- ``(i) In general.--The initial members of the Commission appointed under paragraph (1)(A) shall be appointed in accordance with clauses (ii) through (iv). ``(ii) 3-year terms.--The following initial members shall serve for a 3-year term: ``(I) The member appointed under paragraph (1)(A)(i). ``(II) 1 member appointed under paragraph (1)(A)(iv)(II). ``(III) 1 member appointed under paragraph (1)(A)(iv)(IV). ``(IV) 1 member appointed under paragraph (1)(A)(iv)(V). ``(V) 1 member appointed under paragraph (1)(A)(v). ``(iii) 2-year terms.--The following initial members shall serve for a 2-year term: ``(I) The member appointed under paragraph (1)(A)(ii). ``(II) The member appointed under paragraph (1)(A)(iii)(I). ``(III) The member appointed under paragraph (1)(A)(iii)(II). ``(IV) 1 member appointed under paragraph (1)(A)(iii)(III). ``(iv) 1-year terms.--The following initial members shall serve for a 1-year term: ``(I) The member appointed under paragraph (1)(A)(iv)(I). ``(II) 1 member appointed under paragraph (1)(A)(iv)(II). ``(III) 1 member appointed under paragraph (1)(A)(iv)(III). ``(IV) 1 member appointed under paragraph (1)(A)(iv)(IV). ``(V) 1 member appointed under paragraph (1)(A)(v).''. SEC. 4. DUTIES OF COMMISSION. Section 107 of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is amended by striking subsection (a) and inserting the following: ``(a) In General.--The Commission shall-- ``(1) prepare, obtain approval for, implement, and support the Plan in accordance with section 108; ``(2) administer the Corridor; and ``(3) carry out all other duties of the Commission under this Act.''; SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 113(a) of the Cache La Poudre River Corridor Act (16 U.S.C. 461 note; Public Law 104-323) is amended by striking ``date of enactment of this Act'' and inserting the following: ``date of enactment of the Cache la Poudre River Corridor Technical Amendments Act of 2001''.

Cache La Poudre River Corridor Technical Amendments Act of 2001 - Amends the Cache La Poudre River Corridor Act with respect to the boundaries of the Cache La Poudre River Corridor in Colorado.Modifies requirements for the membership and terms of service of the Cache La Poudre Corridor Commission. Directs the Commission to administer the Corridor. (Currently, the Commission has only planning authority.)Extends the authorization of appropriations.

A bill to amend the Cache La Poudre River Corridor Act to make technical amendments.

SECTION 1. SHORT TITLE. This Act be cited as the ``Internet Prescription Drug Consumer Protection Act of 2000''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Legitimate Internet sellers of prescription drugs can offer substantial benefits to consumers. These potential benefits include convenience, privacy, valuable information, competitive prices, and personalized services. (2) Unlawful Internet sellers of prescription drugs may dispense inappropriate, contaminated, counterfeit, or subpotent prescription drugs that could put at risk the health and safety of consumers. (3) Unlawful Internet sellers have exposed consumers to significant health risks by knowingly filling invalid prescriptions, such as prescriptions based solely on an online questionnaire, or by dispensing prescription drugs without any prescription. (4) The ease with which web sites can be created and removed and the lack of readily available information to identify Internet sellers creates significant barriers to effective law enforcement efforts against unlawful Internet sellers. (5) Consumers may have difficulty distinguishing legitimate from unlawful Internet sellers, as well as foreign from domestic Internet sellers, of prescription drugs. (6) States need additional enforcement tools to take effective action against unlawful domestic Internet sellers and the Federal agencies need additional enforcement tools to take effective action against unlawful foreign Internet sellers. (b) Purpose.--The purpose of this Act is to provide Federal and State law enforcement with adequate tools to take effective action against interstate Internet sellers of prescription drugs who illegally sell such drugs to consumers in the United States and to protect such consumers against potential harms that may result from purchasing such drugs from such sellers. SEC. 3. AMENDMENT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT. (a) In General.--Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the following: ``SEC. 503B. INTERNET PRESCRIPTION DRUG SALES. ``(a) Definitions.--For purposes of this section: ``(1) Consumer.--The term `consumer' means a person (other than an entity licensed or otherwise authorized under Federal or State law as a pharmacy or to dispense or distribute prescription drugs) that purchases or seeks to purchase prescription drugs through the Internet. ``(2) Home page.--The term `home page' means the entry point or main web page for an Internet site. ``(3) Internet.--The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected worldwide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio, including electronic mail. ``(4) Interstate internet seller.-- ``(A) In general.--The term `interstate Internet seller' means a person whether in the United States or abroad, that engages in, offers to engage in, or causes the delivery or sale of a prescription drug through the Internet and has such drug delivered directly to the consumer via the Postal Service, or any private or commercial interstate carrier to a consumer in the United States who is residing in a State other than the State in which the seller's place of business is located. This definition excludes a person who only delivers a prescription drug to a consumer, such as an interstate carrier service. ``(B) Exemption.--With respect to the consumer involved, the term `interstate Internet seller' does not include a person described in subparagraph (A) whose place of business is located within 75 miles of the consumer. ``(5) Link.--The term `link' means either a textual or graphical marker on a web page that, when clicked on, takes the consumer to another part of the Internet, such as to another web page or a different area on the same web page, or from an electronic message to a web page. ``(6) Pharmacy.--The term `pharmacy' means any place licensed or otherwise authorized as a pharmacy under State law. ``(7) Prescriber.--The term `prescriber' means an individual, licensed or otherwise authorized under applicable Federal and State law to issue prescriptions for prescription drugs. ``(8) Prescription drug.--The term `prescription drug' means a drug under section 503(b)(1). ``(9) Valid prescription.--The term `valid prescription' means a prescription that meets the requirements of section 503(b)(1) and other applicable Federal and State law. ``(10) Web site; site.--The terms `web site' and `site' mean a specific location on the Internet that is determined by Internet protocol numbers or by a domain name. ``(b) Requirements for Interstate Internet Sellers.-- ``(1) In general.--Each interstate Internet seller shall comply with the requirements of this subsection with respect to the sale of, or the offer to sell, prescription drugs through the Internet and shall at all times display on its web site information in accordance with paragraph (2). ``(2) Web site disclosure information.--An interstate Internet seller shall post in a visible and clear manner (as determined by regulation) on the home page of its web site, or on a page directly linked to such home page-- ``(A) the street address of the interstate Internet seller's place of business, and the telephone number of such place of business; ``(B) each State in which the interstate Internet seller is licensed or otherwise authorized as a pharmacy, or if the interstate Internet seller is not licensed or otherwise authorized by a State as a pharmacy, each State in which the interstate Internet seller is licensed or otherwise authorized to dispense prescription drugs, and the type of State license or authorization; ``(C) in the case of an interstate Internet seller that makes referrals to or solicits on behalf of a prescriber, the name of each prescriber, the street address of each such prescriber's place of business, the telephone number of such place of business, each State in which each such prescriber is licensed or otherwise authorized to prescribe prescription drugs, and the type of such license or authorization; and ``(D) a statement that the interstate Internet seller will dispense prescription drugs only upon a valid prescription. ``(3) Date of posting.--Information required to be posted under paragraph (2) shall be posted by an interstate Internet seller-- ``(A) not later than 90 days after the effective date of this section if the web site of such seller is in operation as of such date; or ``(B) on the date of the first day of operation of such seller's web site if such site goes into operation after such date. ``(4) Qualifying statements.--An interstate Internet seller shall not indicate in any manner that posting disclosure information on its web site signifies that the Federal Government has made any determination on the legitimacy of the interstate Internet seller or its business. ``(5) Disclosure to state licensing boards.--An interstate Internet seller licensed or otherwise authorized to dispense prescription drugs in accordance with applicable State law shall notify each State entity that granted such licensure or authorization that it is an interstate Internet seller, the name of its business, the Internet address of its business, the street address of its place of business, and the telephone number of such place of business. ``(6) Regulations.--The Secretary is authorized to promulgate such regulations as are necessary to carry out the provisions of this subsection. In issuing such regulations, the Secretary-- ``(A) shall take into consideration disclosure formats used by existing interstate Internet seller certification programs; and ``(B) shall in defining the term `place of business' include provisions providing that such place is a single location at which employees of the business perform job functions, and not a post office box or similar locale.''. (b) State Enforcement of Federal Law Regarding Internet Sellers of Prescription Drugs.--Chapter III of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331 et seq.) is amended by adding at the end the following: ``state proceedings regarding internet sales of prescription drugs ``Sec. 310A. (a) In General.--A State, through its attorney general, may bring in its own name, and in an appropriate district court of the United States, proceedings against an interstate Internet seller of a prescription drug for the civil enforcement, or to restrain violations of section 503B(b), or paragraph (1) or (2) of section 503(b), on behalf of consumers who reside in that State and have been or are being adversely affected by such violations. Through such proceedings, the State may with respect to such violations-- ``(1) obtain a permanent nationwide injunction; ``(2) enforce compliance; or ``(3) obtain such other relief as the court may find appropriate. ``(b) Notice to Secretary and Appropriate Federal Agencies.--A State-- ``(1) shall serve prior written notice of any civil action under subsection (a) upon the Secretary and the appropriate Federal agencies and provide to the Secretary and such agencies a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action; and ``(2) may proceed with the civil action unless another State attorney general or a Federal agency has filed a complaint against the same party for the same violations under this section prior to receiving notice and the civil action brought by the State attorney general or such agency is still ongoing or there has been a final judgment. ``(c) Rights of President.--The President shall have the right to intervene in any action brought under subsection (a), and upon so intervening, to be heard in all matters arising therein and to file notices of appeal. ``(d) Applicability of Subpoenas.--Subpoenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this section. ``(e) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent a State attorney general from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary or other evidence or to bring an action under the laws of such State to obtain remedies under that State's laws. ``(f) Definitions.--For purposes of this section, the terms `interstate Internet seller', `Internet', and `prescription drug' have the meanings given such terms in section 503B.''. (c) Prohibited Acts.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(aa) The failure to post information required under section 503B(b)(2) or knowingly making a materially false statement when posting such information as required under such section or violating section 503B(b)(4).''. SEC. 4. PUBLIC EDUCATION. The Secretary of Health and Human Services shall engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources. The Secretary should educate the public about effective public and private sector consumer protection efforts, as appropriate, with input from the public and private sectors, as appropriate. SEC. 5. STUDY REGARDING COORDINATION OF REGULATORY ACTIVITIES. Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, after consultation with the Attorney General, shall submit to Congress a report providing recommendations for coordinating the activities of Federal agencies regarding interstate Internet sellers that operate from foreign countries and for coordinating the activities of the Federal Government with the activities of governments of foreign countries regarding such interstate Internet sellers. SEC. 6. CIVIL ACTIONS REGARDING PROPERTY. Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following subsection: ``(i)(1) If a person is alienating or disposing of property, or intends to alienate or dispose of property which is obtained as a result of or is traceable to a violation by an interstate Internet seller of paragraph (1) or (2) of section 503(b), the President may commence a civil action in any Federal court-- ``(A) to enjoin such alienation or disposition of property; or ``(B) for a restraining order to-- ``(i) prohibit any person from withdrawing, transferring, removing, dissipating, or disposing of any such property or property of equivalent value; and ``(ii) appoint a temporary receiver to administer such restraining order. ``(2) Proceedings under paragraph (1) shall be carried out in the same manner as apply under section 1345 of title 18, United States Code.''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect 6 months after the date of enactment of this Act, except that the authority of the Secretary of Health and Human Services to commence the process of rulemaking is effective on the date of enactment of this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act such sums as may be necessary.

Authorizes each State to bring proceedings against an Internet seller on behalf of affected consumers (requiring notice of such proceedings to the Secretary of Health and Human Services and appropriate Federal agencies). Allows the President to intervene in such actions. Directs the Secretary to: (1) engage in activities to educate the public about the dangers of purchasing prescription drugs from unlawful Internet sources; and (2) recommend to Congress the coordination of activities of Federal agencies regarding Internet sellers that operate from foreign countries with the activities of such foreign governments. Authorizes the President to initiate a civil action to enjoin or restrain the alienation or disposal of property obtained as a result of, or traceable to, a violation of this Act. Authorizes appropriations.

Internet Prescription Drug Consumer Protection Act of 2000

SECTION 1. SHORT TITLE AND FINDINGS. (a) Short Title.--This Act may be cited as the ``Federal Land Restoration, Enhancement, Public Education, and Information Resources Act'' or the ``Federal Land REPAIR Act''. (b) Findings.--Congress finds that-- (1) violations of laws (including regulations) applicable to the use of Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture often result in damages to the Federal land that require expenditures for restoration activities to mitigate the damages; (2) increased public information and education regarding the laws (including regulations) applicable to the use of the Federal land can help to reduce the frequency of unintentional violations; and (3) it is appropriate that fines and other monetary penalties paid as a result of violations of laws (including regulations) applicable to the use of Federal land be used to defray the costs of the restoration activities and to provide public information and education. SEC. 2. USE OF FINES FROM VIOLATIONS OF LAWS AND REGULATIONS APPLICABLE TO PUBLIC LAND FOR RESTORATION AND INFORMATIONAL ACTIVITIES. (a) Land Under Jurisdiction of Bureau of Land Management.--Section 305 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1735) is amended by adding at the end the following: ``(d) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any amounts received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation prescribed under section 303(a) shall be available to the Secretary, without further appropriation and until expended-- ``(A) to cover the cost to the United States of any improvement, protection, or rehabilitation work on public land rendered necessary by the action that led to the fine or by similar actions; and ``(B) to increase public awareness of regulations and other requirements regarding the use of public land. ``(2) Treatment of excess funds.--Amounts referred to in paragraph (1) that the Secretary determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''. (b) National Park System Lands.--Section 3 of the National Park Service Organic Act (16 U.S.C. 3), is amended-- (1) by striking ``That the Secretary'' the first place it appears and inserting ``(a) Regulations for Use and Management of National Park System; Enforcement.--The Secretary''; (2) by striking ``He may also'' the first place it appears and inserting the following: ``(b) Special Management Authorities.-- ``(1) In general.--The Secretary of the Interior may''; (3) by striking ``He may also'' the second place it appears and inserting the following: ``(2) Detrimental animals and plants.--The Secretary may;''. (4) by striking ``No natural,'' and inserting the following: ``(c) Lease and Permit Authorities.--No natural''; and (5) by adding at the end the following: ``(d) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any amounts received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of a rule or regulation prescribed under this section shall be available to the Secretary of the Interior, without further appropriation and until expended-- ``(A) to cover the cost to the United States of any improvement, protection, or rehabilitation work on the National Park System land rendered necessary by the action that led to the fine or by similar actions; and ``(B) to increase public awareness of rules, regulations, and other requirements regarding the use of National Park System land. ``(2) Treatment of excess funds.--Amounts referred to in paragraph (1) that the Secretary determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''. (c) National Wildlife Refuge System Lands.--Section 4(f) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(f)) is amended by adding at the end the following: ``(3) Use of collected fines.--Any amounts received by the United States as a result of a fine imposed under section 3571 of title 18, United States Code, for a violation of this Act (including a regulation issued under this Act) shall be available to the Secretary, without further appropriation and until expended-- ``(A) to cover the cost to the United States of any improvement, protection, or rehabilitation work on System land rendered necessary by the action that led to the fine or by similar actions; and ``(B) to increase public awareness of rules, regulations, and other requirements regarding the use of System land. ``(4) Treatment of excess funds.--Amounts referred to in paragraph (3) that the Secretary determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''. (d) National Forest System Land.--The eleventh undesignated paragraph under the heading ``surveying the public lands'' of the Act of June 4, 1897 (16 U.S.C. 551), is amended-- (1) by striking ``The Secretary'' and inserting the following: ``SEC. 3. PROTECTION OF NATIONAL FOREST SYSTEM LAND; REGULATIONS. ``(a) Regulations for Use and Protection of National Forest System.-- ``(1) In general.--The Secretary''; (2) by striking ``continued; and he may'' and inserting the following: ``continued. ``(2) Regulations.--The Secretary may''; (3) by striking ``destruction; and any violation'' and inserting the following: ``destruction. ``(b) Violations; Penalties.-- ``(1) In general.--Any violation''; (4) by striking ``Any person'' and inserting the following: ``(2) Magistrate judge.--Any person''; (5) by adding at the end the following: ``(c) Use of Collected Fines.-- ``(1) Availability and authorized use.--Any amounts received by the United States as a result of a collateral payment in lieu of appearance or a fine imposed under section 3571 of title 18, United States Code, for a violation of a regulation issued under subsection (a) shall be available to the Secretary of Agriculture, without further appropriation and until expended-- ``(A) to cover the cost to the United States of any improvement, protection, or rehabilitation work on National Forest System land rendered necessary by the action that led to the fine or payment; and ``(B) to increase public awareness of rules, regulations, and other requirements regarding the use of National Forest System land. ``(2) Treatment of excess funds.--Amounts referred to in paragraph (1) that the Secretary of Agriculture determines are in excess of the amounts necessary to carry out the purposes specified in that paragraph shall be transferred to the Crime Victims Fund established by section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601).''; and (6) by moving section 3 (as designated by paragraph (1)) so as to appear at the end of that Act.

Federal Land Restoration, Enhancement, Public Education, and Information Resources Act or Federal Land REPAIR Act - Amends the Federal Land Policy and Management Act of 1976, the National Park Service Organic Act, the National Wildlife Refuge System Administration Act of 1966, and federal law relating to National Forest System lands to make available for certain restoration and public informational activities on federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture any amounts received from fines or any amounts received from collateral payments in lieu of appearance for violations of rules and regulations applicable to such land. Transfers any excess funds to the Crime Victims Fund established under the Victims of Crime Act of 1984.

A bill to provide a source of funds to carry out restoration activities on Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``1901 Missouri African American Expulsion Commission Act of 2007''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``1901 Missouri African American Expulsion Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) investigate the expulsion of any African-American resident in or around the Missouri cities of Aurora, Monett, Newburg, Pierce City, Cassville, or Webb City from the home or farm of such resident occurring between August 1894 and August 1901, including-- (A) any cause for the expulsion; (B) any burning or vandalism of the home of such resident; (C) any tortuous or criminal conduct committed against such resident; and (D) any mob activity directed against such resident; (2) identify any person-- (A) who is a relative of a resident described in paragraph (1); or (B) whom the Commission determines sustained an identifiable loss, including a loss to the personal relations, real property, or personal property of such person, because of conduct described in paragraph (1), whether or not such conduct has previously been the subject of a legal proceeding; (3) research and develop a historical record of the expulsion described in paragraph (1); and (4) make recommendations regarding-- (A) the feasibility of providing reparations to any person identified under paragraph (2); and (B) the appropriate method to provide such reparations. SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) The Commission shall be composed of seven members as follows: (A) Four members appointed by the House of Representatives, in the manner prescribed by the House of Representatives. (B) Three members appointed by the Senate, in the manner prescribed by the Senate. (2) Of the three members appointed under paragraph (1)(B), one shall be a member of the Missouri Historical Society. (b) Qualifications.--In making appointments under this section, the appointing authorities shall make a special effort to appoint individuals who are particularly qualified to perform the functions of the Commission, by reason of either practical experience or academic expertise in politics or government. (c) Terms and Vacancies.--Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member 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. (d) Basic Pay.-- (1) Rates of pay.--To the extent or in the amounts provided in advance in appropriation Acts, except as provided in paragraph (2), each member of the Commission shall be paid the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule for each day (including travel time) during which the member is engaged in the actual performance of duties of the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (e) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (g) Chairman.--The Chairman of the Commission shall be elected by the members. (h) Meetings.-- (1) Frequency of meetings.--The Commission shall meet as often as the Chairman determines is necessary to perform the duties of the Commission. (2) Initial meeting.--Not later than 90 days after the date of the enactment of this Act, the Commission shall hold the initial meeting of the Commission. SEC. 5. STAFF OF COMMISSION AND EXPERTS AND CONSULTANTS. (a) Staff.--Subject to rules prescribed by the Commission, the Chairman may appoint and fix the pay of personnel as the Chairman considers appropriate. (b) Experts and Consultants.--With the approval of the Commission, the Chairman may procure temporary and intermittent services in the manner prescribed in section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS-15 of the General Schedule under section 5332 of such title. (c) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in performing its duties under this Act. SEC. 6. POWERS OF COMMISSION. (a) Hearings.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this section. (c) Obtaining Official Data.--Subject to sections 552, 552a, and 552b of title 5, United States Code, the Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of that department or agency shall furnish the information to the Commission. (d) Gifts, Bequests, and Devises.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purposes of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 7. REPORT. The Commission shall submit to Congress a report not later than 18 months after the date of the first meeting of the Commission. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with such recommendations as the Commission considers appropriate. SEC. 8. TERMINATION. The Commission shall terminate 10 days after submitting its report under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.

1901 Missouri African American Expulsion Commission Act of 2007 - Establishes the 1901 Missouri African American Expulsion Commission to: (1) investigate the expulsion of any African-American resident in or around the Missouri cities of Aurora, Monett, Newburg, Pierce City, Cassville, or Webb City from his or her home or farm between August 1894 and August 1901; (2) identify any person who is a relative of such resident or whom the Commission determines sustained an identifiable loss (including a loss to the personal relations, real property, or personal property of such person) because of the expulsion, whether or not it has previously been the subject of a legal proceeding; (3) research and develop a historical record of the expulsion; and (4) make recommendations regarding the feasibility of providing reparations to the person and the appropriate method to provide it.

To establish a commission to investigate the expulsion of African-American residents of the Missouri cities of Aurora, Monett, Newburg, Pierce City, Cassville, and Webb City from their homes that occurred between August 1894 and August 1901, and make recommendations regarding the feasibility and appropriateness of providing reparations to such residents.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Voyageurs National Park Intergovernmental Council Act of 1996''. SEC. 2. FINDINGS AND DECLARATIONS. The Congress finds and declares that-- (1) intergovernmental cooperation (local, State, and Federal) is essential to optimize the sustainable development of natural, cultural, and recreational resources of Voyageurs National Park; and (2) the national interest is served by-- (A) preserving, protecting, and improving the long- term perpetuation of such diverse resources for the benefit of the people of the United States; and (B) improving the coordination among all levels of government in the Voyageurs region. SEC. 3. VOYAGEURS NATIONAL PARK INTERGOVERNMENTAL COUNCIL. The Act entitled ``An Act to authorize the establishment of the Voyageurs National Park in the State of Minnesota, and for other purposes'' (16 U.S.C. 160 et seq.) is amended by inserting after section 305 the following new section: ``SEC. 306. VOYAGEURS NATIONAL PARK INTERGOVERNMENTAL COUNCIL. ``(a) Establishment.-- ``(1) Membership.--There is hereby established the Voyageurs National Park Intergovernmental Council (hereafter in this section referred to as the ``Council''). The Council shall be composed of 11 members, as follows: ``(A) The Assistant Secretary for Fish and Wildlife and Parks, ex officio, or his designee. ``(B) Four individuals, appointed by the Secretary after consideration of recommendations by the Governor, to represent the Minnesota Department of Natural Resources, Department of Transportation, the Minnesota Environmental Quality Board, and the Minnesota Office of Tourism. ``(C) One individual appointed by the Secretary to represent the Minnesota Historical Society. ``(D) The Chair of the St. Louis County Commissioners, or the designee of the Chair, ex officio. ``(E) The Chair of the Koochiching County Commissioners, or the designee of the Chair, ex officio. ``(F) One State Senator, chosen by the Governor, who represents the area in which the park is located, or the designee of the State Senator, ex officio. ``(G) One State Representative, chosen by the Governor, who represents the area in which the park is located, or the designee of the State Representative, ex officio. ``(H) One member of the Native American community to represent the 1854 Treaty Authority, appointed by the Secretary. ``(2) Terms.--A member of the Council appointed under paragraph (1), other than ex officio members, shall be appointed for a term of four years. Any member of the Council appointed for a definite term may serve after the expiration of his term until his successor is appointed. ``(3) Compensation.--Members of the Council who are not employed by the Federal Government shall serve without pay. While away from their homes or regular places of business in the performance of services of the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Federal Government service are allowed expenses under section 5703 of title 5, United States Code. ``(b) Provisions Relating to the Conduct of Council Business.-- ``(1) Quorum.--Eight members of the Council shall constitute a quorum. ``(2) Chairperson.--The members of the Council shall elect a chairperson of the Council from among the members of the Council. ``(3) Vacancy.--Any vacancy in the Council shall be filled in the same manner in which the original appointment was made. ``(4) Meetings.--The Council shall meet at the call of the chairperson or a majority of the members. ``(5) Staff.--The Secretary shall provide the Council with such staff and technical assistance as the Secretary, after consultation with the Council, considers appropriate to enable the Council to carry out its duties. Upon request of the Secretary, any Federal agency may provide information, personnel, property, and services, on a reimbursable basis, to the Council to assist in carrying out its duties under this section. The Secretary may accept the services of personnel detailed from the State of Minnesota or any political subdivision of the State and may reimburse the State or such political subdivision for such services. ``(6) Procedural matters.-- ``(A) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. ``(B) Guidelines for conduct of business.--The following guidelines apply with respect to the conduct of business at meetings of the Council: ``(i) Each regular meeting and each emergency meeting shall be open to the public. ``(ii) Emergency meetings shall be held at the call of the chair or equivalent presiding officer. ``(iii) Timely public notice of each regular meeting and each emergency meeting, including the time, place, and agenda of the meeting, shall be published in local newspapers and such notice may be given by such other means as will result in wide publicity. ``(iv) Interested persons shall be permitted to present oral or written statements regarding the matters on the agenda at meetings. ``(v) Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of matters discussed and conclusions reached, and copies of all statements filed. ``(vi) The administrative record, including minutes required under clause (v), of each meeting, and records or other documents which were made available to or prepared for or by the Council incident to the meeting, shall be available for public inspection and copying at a single location in the offices of the Council. ``(C) New information.--At any time when the Council determines it appropriate to consider new information from a State or Federal agency or from a Council advisory body, the Council shall give comparable consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council takes final action on management measures. ``(c) Functions.--The Council shall, in accordance with the provisions of this Act-- ``(1) prepare and submit to the Secretary comprehensive draft amendments to the management plan and, from time to time, such amendments to the plan as are necessary, which provides for as broad a range of sustainable land and water uses and scenic and recreational activities as are compatible with the laws and regulations governing Voyageurs National Park and other local, State, or Federal public lands; ``(2) analyze the economic and environmental costs and benefits of implementing sustainable practices for Voyageurs National Park; ``(3) conduct public hearings, at appropriate times and in appropriate locations, so as to allow all interested persons an opportunity to be heard in the development of amendments to the plan, and with respect to the administration and implementation of the provisions of this Act; ``(4) after considering public comment and comment from the Secretary, prepare and submit to the Secretary proposed revisions to the draft management plan; ``(5) establish an ongoing process of review and evaluation of local, State, and Federal actions, plans, ordinances, regulations, laws, and land use decisions for the purpose of assessing their effect on the long-term sustainability of the economic and environmental values and resources of the region; ``(6) submit to the Secretary such periodic reports as the Council deems appropriate, and any other relevant report which may be requested by the Secretary; and ``(7) conduct other activities which are required by, or provided for in, this Act or which are necessary and appropriate to the functions specified in paragraphs (1) through (6). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 4. REVISION OF VOYAGEURS NATIONAL PARK MANAGEMENT PLAN. (a) Management Plan.--Section 303 of the Act entitled ``An Act to authorize the establishment of the Voyageurs National Park in the State of Minnesota, and for other purposes'' (16 U.S.C. 160h) is amended-- (1) by inserting ``(a)'' after ``303.''; and (2) by adding at the end the following: ``(b)(1) The Secretary shall prepare in accordance with this section and implement amendments to the management plan for the park. Where appropriate, such amendments shall provide for recreational opportunities, including (but not limited to) access and use of boats, aircraft, snowmobiles, hiking, and skiing on all major lakes and bays within the park. ``(2) The Secretary shall receive the draft amendments to the management plan prepared and submitted by the Voyageurs National Park Intergovernmental Council under section 306(c)(1), together with public comments on the draft amendments, and shall review and, if necessary, submit to the Council such recommendations as the Secretary determines appropriate for revising the draft amendments. ``(3) The Secretary shall receive revised draft amendments prepared and submitted by the Council under section 306(c)(1). ``(c)(1) If the Secretary determines that the revised amendments to the management plan are not inconsistent with other provisions of this Act or applicable laws, treaties, executive orders, and that the revised amendments to the management plan are in the public interest, the Secretary shall adopt the revised amendments to the management plan. ``(2)(A) If the Secretary decides not to adopt the revised amendments to the management plan, the amendments to the management plan shall be made by the Secretary in accordance with subparagraph (C) pursuant to recommendations made by a management plan board appointed under subparagraph (B). ``(B)(i) The management plan board shall consist of three members, appointed as follows: ``(I) One member appointed by the Secretary. ``(II) One member appointed by the Secretary from a list of 5 or more individuals submitted by the Voyageurs National Park Intergovernmental Council, by majority vote. The Secretary may request additional lists. ``(III) One member appointed by the Secretary from a list of 5 or more individuals submitted by the 2 members appointed under subclauses (I) and (II). The Secretary may request additional lists. ``(ii) Members of a management plan board who are not employed by the Federal Government shall serve without pay. While away from their homes or regular places of business in the performance of services of the board, members of the board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in Federal Government service are allowed expenses under section 5703 of title 5, United States Code. ``(iii) The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a management plan board. ``(C) The management plan board shall review the revised amendments to the management plan submitted by the Council to the Secretary under section 306(c)(1), and such comments on the revised amendments and recommendations for such amendments as the Secretary submits to the board. Following such review, the board shall submit to the Secretary such amendments as the board finds to be appropriate under the provisions of this Act. The Secretary shall revise the management plan in a manner based on the amendments submitted by the board. ``(d) If the Secretary fails to approve or disapprove revised amendments to the management plan submitted under this section within 95 days after the date of the submission of the amendments, no amendment to the plan shall be implemented by the Secretary until the Secretary complies with subsections (b) and (c). ``(e) If the Council declines to submit to the Secretary revised amendments to the management plan, or revisions of the amendments, the Secretary may make such amendments as the Secretary considers necessary or appropriate and implement the plan. ``(f) The management plan of the park may not be changed except in accordance with this section.''.

Voyageurs National Park Intergovernmental Council Act of 1996 - Establishes the Voyageurs National Park Intergovernmental Council which shall: (1) prepare and submit to the Secretary of the Interior comprehensive draft amendments and proposed revisions to the management plan for the Park providing for a broad range of sustainable land and water uses and scenic and recreational activities compatible with governing local, State, and Federal laws and regulations; (2) analyze the economic and environmental costs and benefits of implementing sustainable practices for the Park; and (3) establish an ongoing process of assessing the effect of local, State, and Federal actions, plans, ordinances, regulations, laws, and land use decisions on the long-term sustainability of the economic and environmental values and resources of the region. Authorizes appropriations. Requires the Secretary to implement amendments to the management plan for the Park, including amendments providing for recreational opportunities involving boats, aircraft, snowmobiles, hiking, and skiing on all major lakes and bays. Directs the Secretary: (1) to receive the Council's draft amendments, recommend revisions, and adopt the revised amendments that are consistent with the public interest and applicable laws; (2) if the Secretary decides not to adopt the Council's revised amendments, to appoint, and revise the management plan based on amendments submitted by, a management plan board; or (3) if the Council declines to submit revised amendments, to make necessary and appropriate amendments and implement the plan.

Voyageurs National Park Intergovernmental Council Act of 1996

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Common Sense Drug Policy Act of 2000''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. TITLE I--MAJOR DRUG TRAFFICKING PROSECUTION Sec. 101. Findings. Sec. 102. Approval of certain prosecutions by Attorney General. Sec. 103. Modification of certain sentencing provisions. TITLE II--PROTECTION OF WOMEN IN PRISONS Sec. 201. Protection of women inmates. TITLE III--INCREASED FUNDING FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE IN FEDERAL PRISON SYSTEM Sec. 301. Increased funding for prevention and treatment of substance abuse in Federal prison system. Sec. 302. Authorization of appropriations. TITLE IV--PROSECUTORIAL DATA COLLECTION Sec. 401. Federal data. Sec. 402. State data. TITLE V--CLEAN START Sec. 501. Expungement. TITLE I--MAJOR DRUG TRAFFICKING PROSECUTION SEC. 101. FINDINGS. Congress makes the following findings: (1) Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget has increased by more than 1,350 percent, from $220,000,000 in 1986 to about $3,019,000,000 in 1997. (2) Mandatory minimums have not reduced sentencing discretion, but rather have transferred discretion from judges to prosecutors. Prosecutors, not judges, have the discretion to drop or pursue a charge, offer or withhold a plea bargain, reward or deny a defendant's substantial assistance or cooperation in the prosecution of someone else, and ultimately, to determine the final sentence of the defendant. (3) African Americans comprise 12 percent of the United States population, 15 percent of drug users, 17 percent of cocaine users, but 33 percent of all Federal drug convictions and 57 percent of Federal cocaine convictions. (4) In 1986, before the mandatory minimums for crack cocaine offenses became effective, the average Federal prison sentence for African Americans was 11 percent higher than for whites. Following the implementation of mandatory drug sentencing laws, the average drug offense sentence for African Americans was 49 percent higher than whites. (5) The average dealer holds a low-wage job and sells part time to obtain drugs for his or her own use. (6) According to a 1999 Justice Department report, the amount of time spent in prison does not affect recidivism rates. SEC. 102. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL. A Federal prosecution for an offense under the Controlled Substances Act, the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General. SEC. 103. MODIFICATION OF CERTAIN SENTENCING PROVISIONS. (a) Section 404.--Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended-- (1) by striking ``not less than 15 days but''; (2) by striking ``not less than 90 days but''; (3) by striking ``not less than 5 years and'' and (4) by striking the sentence beginning ``The imposition or execution of a minimum sentence''. (b) Section 401.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended.-- (1) in paragraph (1)(A)-- (A) by striking ``which may not be less than 10 years or not more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years or more than life'' the first place it appears; (C) by striking ``which may not be less than 20 years and not more than life imprisonment'' and inserting ``for any term or years or for life''; (D) by inserting ``imprisonment for any term of years or'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``If any person commits a violation of this subparagraph''; (F) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; (2) in paragraph (1)(B)-- (A) by striking ``which may not be less than 5 years and'' and inserting ``for''; (B) by striking ``not less than 20 years or more than'' and inserting ``for any term or years or to''; (C) by striking ``which may not be less than 10 years or more than'' and inserting ``for any term or years or for''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law''; and (3) in paragraph (1)(C)-- (A) by striking ``of not less than twenty years for more than'' and inserting ``for any term of years or for''; (B) by inserting ``imprisonment for any term or years or to'' after ``not more than 30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to''; and (C) by striking the sentence beginning ``Notwithstanding any other provision of law''. (c) Section 1010.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``of not less than 10 years and not more than'' and inserting ``for any term of years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years and not more than life'' the first place it appears; (C) by striking ``of not less than 20 years and not more than life imprisonment'' and inserting ``for any term or years or for life''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; (2) in paragraph (2)-- (A) by striking ``not less than 5 years and''; (B) by striking ``not less than twenty years and not more than'' and inserting ``for any term or years or for''; (C) by striking ``of not less than 10 years and not more than'' and inserting ``for any term or years or to''; (D) by striking ``if death or serious bodily injury results from the use of such substance shall be sentenced to life imprisonment''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; and (3) in paragraph (3).-- (A) by striking ``of not less than twenty years and not more than'' and inserting ``for any term of years or for''; (B) by inserting ``imprisonment for any term or years or to'' after ``30 years and if death or serious bodily injury results from the use of such substance shall be sentenced to''; and (C) by striking the sentence beginning ``Notwithstanding any other provision of law''. (d) Section 418.--Section 418 of the Controlled Substances Act (21 U.S.C. 859) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (e) Section 419.--Section 419 of the Controlled Substances Act (21 U.S.C. 860) is amended-- (1) in subsection (a), by striking the sentence beginning ``Except to the extent'' and by striking the sentence beginning ``The mandatory minimum''; and (2) in subsection (b)-- (A) by striking ``by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) three times the maximum punishment authorized by section 401(b) for a first offense'' and inserting ``by imprisonment for any term of years or for life''; and (B)) by striking the sentence beginning ``Except to the extent''; and (3) by striking subsection (d). (f) Section 420.--Section 420 of the Controlled Substances Act (21 U.S.C. 861) is amended-- (1) by striking the sentence beginning ``Except to the extent'' each place it appears; and (2) by striking subsection (e). TITLE II--PROTECTION OF WOMEN IN PRISONS SEC. 201. PROTECTION OF WOMEN INMATES. Section 20105(b)(1) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13705(b)(1)) is amended-- (1) in subparagraph (A), by striking ``and'' after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(C) provide assurances, with accompanying documentation, to the Attorney General that the State has in effect policies that are monitored and enforced, in jails and correctional facilities throughout the State, that-- ``(i) restrict the role of male employees with women inmates; ``(ii) prohibit male employees from supervising women inmates during showering and undressing; ``(iii) prohibit male employees from conducting body searches, `thorough' pat searches, and frisks on women inmates except in the case of an emergency or in the presence of a female employee; ``(iv) address the health needs of women inmates; ``(v) prohibit the use of shackles or other restraints on pregnant women unless it is shown to be absolutely necessary; ``(vi) provide additional protections to women inmates who report violations of this subparagraph to insulate them from retaliatory acts; ``(vii) impose disciplinary action against a jail or correctional facility employee who violates the provisions of this subparagraph; and ``(viii) require that a male employee who is found to have committed physical or sexual misconduct against a woman inmate is terminated; ``(D) provide documentation to the Attorney General that jails and correctional facilities throughout the State have-- ``(i) instituted programs designed to address prior victimization, drug and alcohol abuse, and high-risk drug and sexual behaviors of women inmates; ``(ii) contracted with an outside correctional health care organization to regularly assess the status of women's health in correctional settings; ``(iii) complied with national correctional health care standards for screening, classifying, and housing that ensure continuity of care for women inmates; ``(iv) implemented programs for crisis intervention, suicide precaution, case management, and discharge planning for women inmates; and ``(v) made a concerted effort to meet nationally established standards that ensure the basic level of health care services for women offenders; and ``(E) provide documentation to the Attorney General that the State corrections department has-- ``(i) conducted a needs assessment of minority health needs in correctional settings; and ``(ii) analyzed its health services to women inmates and classified the health and security risk of each woman inmate.''. TITLE III--INCREASED FUNDING FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE IN FEDERAL PRISON SYSTEM SEC. 301. INCREASED FUNDING FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE IN FEDERAL PRISON SYSTEM. (a) In General.--In carrying out section 4005 of title 18, United States Code, the Attorney General (acting through the Director of the Bureau of Prisons), in collaboration with the Secretary of Health and Human Services (acting through the Administrator of the Health Resources and Services Administration), shall carry out a program for the prevention and treatment of substance abuse among individuals who are in Federal penal or correctional institutions and in the criminal custody of the Attorney General. (b) Special Consideration in Provision of Treatment.--In providing treatment under subsection (a), the officials specified in such subsection shall give special consideration to individuals whose terms of criminal custody are within 12 months of completion. SEC. 302. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out section 1, there are authorized to be appropriated $250,000,000 for fiscal year 2001, and such sums as may be necessary for each of the fiscal years 2002 through 2005. Such authorization is in addition to any other authorization of appropriations that is available for such purpose. TITLE IV--PROSECUTORIAL DATA COLLECTION SEC. 401. FEDERAL DATA. (a) In General.-- (1) Requirement.--The Attorney General shall establish a requirement, which shall be binding on each Federal criminal prosecutor, that the race, ethnicity, and gender of each person charged with a Federal criminal offense prosecuted by the Department of Justice, and where there are victims of the offense each victim, be reported at each stage of the prosecution to the Attorney General. In any case in which an individual is offered a plea bargain, the details of the plea bargain shall be included. (2) Definition.--As used in this subsection, the term ``each stage of the prosecution'' means at each of the following stages: (A) Arraignment. (B) Charge, whether by information, indictment, or otherwise. (C) Plea. (D) Trial. (E) Disposition, whether conviction, acquittal, or otherwise. (F) Any decision not to prosecute or to discontinue prosecution or reduce charges. (b) Report to Congress.--The Attorney General shall report annually to Congress the information obtained under subsection (a). SEC. 402. STATE DATA. (a) In General.--Section 503(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following new paragraph: ``(13) A certification that the State has in effect a requirement, which is binding on each criminal prosecutor of that State, that the race, ethnicity, and gender of each person charged with a criminal offense of that State, and where there are victims of the offense each victim, is to be reported at each stage of the prosecution (as defined in section 2 of the Prosecutorial Data Collection Act of 2000) to the Attorney General. In any case in which an individual is offered a plea bargain, the details of the plea bargain shall be included.''. (b) Report to Congress.--The Attorney General shall report annually to Congress the information obtained pursuant to a requirement specified in section 503(a)(13) of that Act (as added by subsection (a)). TITLE V--CLEAN START SEC. 501. EXPUNGEMENT. (a) In General.--Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended by adding at the end the following: ``(d) A person who has been convicted of an offense under this section may obtain an order of expungement from the court in which the conviction took place if, upon motion, the convicted person shows-- ``(1) the offense is an offense eligible for expungement under this section that occurred 3 years or more before expungement is sought; ``(2) the convicted person has successfully completed a substance abuse rehabilitation program for any substance abuse problems the person has; and ``(3) the convicted person has not been criminally convicted for any conduct that occurred after the conviction for which expungement is sought.''.

Amends the Controlled Substances Act to repeal certain minimum sentencing periods for covered offenses. Title II: Protection of Women in Prisons - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require each State to provide to the Attorney General (AG) certain assurances that it has in effect certain policies and procedures designed to increase the protection of women in prisons and to address the victimization of women inmates. Title III: Increased Funding for Prevention and Treatment of Substance Abuse in Federal Prison System - Requires the AG to carry out a program for the prevention and treatment of substance abuse among individuals who are in Federal penal or correctional institutions or in criminal custody, with special consideration for those within 12 months of completing their sentences. Title IV: Prosecutorial Data Collection - Requires the AG to establish a requirement, binding on each Federal prosecutor, that the race, ethnicity, and gender of each person charged with a Federal criminal offense prosecuted by the Department of Justice, and each victim thereof, be reported to the AG at each stage of the prosecution. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide an identical requirement with respect to State prosecutions. Title V: Clean Start - Amends the Controlled Substances Act to outline eligibility requirements for expungement of a covered offense.

Common Sense Drug Policy Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited to as the ``Umatilla Basin Project Completion Act''. SEC. 2. AUTHORITY TO COMPLETE THIRD PHASE OF UMATILLA BASIN PROJECT. The Umatilla Basin Project Act (102 Stat. 2791) is amended by adding at the end the following new sections: ``SEC. 215. UMATILLA BASIN PROJECT PHASE III EXCHANGE. ``(a) Authorization of Project Construction.--(1) Effective upon the boundary adjustments under section 216(a), the Secretary is authorized to construct a third and final phase of the Umatilla Basin Project to provide additional flows in the Umatilla River for anadromous fish through a water exchange with Westland Irrigation District. ``(2) Prior to construction, the Secretary shall complete a feasibility study to identify alternatives to provide Westland Irrigation District and other Umatilla River Basin water users with exchange flows of approximately 220 cubic feet per second to restore the Umatilla River fishery, as determined through analysis in a feasibility study under paragraph (3). ``(3)(A) The feasibility study for the Phase III exchange facilities shall examine engineering, environmental, and economic factors associated with project alternatives, including but not limited to: technical engineering and hydrologic analyses pertinent to the identification and design of alternatives; biological analyses of instream flow levels to optimize anadromous fish restoration; and assessment of the best biological value per unit expenditure among the alternatives. ``(B) The feasibility study shall also include an analysis of inclusion of other irrigators in the exchange; consolidation of irrigation delivery facilities; potential for voluntary water transfers; optimization of water delivery scheduling for all four irrigation districts; appropriate backup systems; water conservation opportunities; and such other analyses as the Secretary may consider appropriate to improve the exchange project for fishery restoration purposes. ``(4) Prior to completion of Phase III facilities, the Secretary shall negotiate and execute an exchange agreement with the Westland Irrigation District to allow the use of Columbia River water in exchange for an equivalent amount of Umatilla River or McKay Reservoir water. Additional exchange agreements with other water users may be executed either before or after the completion of Phase III. The exchange agreement shall incorporate water delivery scheduling optimization, conservation, water transfer, and other technical operational measures recommended in the feasibility study. ``(b) Operation and Maintenance Costs.--All exchange system operation and maintenance costs and any increased operation and maintenance costs to the project caused by the Phase III exchange shall be the responsibility of the Federal Government and shall be nonreimbursable. ``(c) Power for Project Pumping.--The Administrator of the Bonneville Power Administration (hereinafter in this subsection referred to as the `Administrator'), consistent with provisions of the Columbia River Basin Fish and Wildlife Program established pursuant to the Pacific Northwest Electric Power Planning and Conservation Act (94 Stat. 2697), shall provide for project power needed to effect the Phase III water exchange for purposes of mitigating anadromous fishery impacts. The cost of power shall be calculated as an offset to the Administrator's annual Treasury payments for operation and maintenance of the Federal Columbia River Power System. ``(d) Integration and Coordination of Facilities.--Project facilities authorized by sections 215 through 219 shall be integrated and coordinated into the existing Umatilla Basin Project. ``SEC. 216. UMATILLA BASIN IRRIGATION DISTRICTS BOUNDARY ADJUSTMENT. ``(a) In General.--(1) Effective upon completion of environmental reviews and approval by the Secretary, the boundaries of the Umatilla Basin Project irrigation districts are adjusted by operation of law as follows: ``(A) Hermiston Irrigation District's boundaries are adjusted to include the 1,091 acres identified in its 1993 request to the Bureau of Reclamation. ``(B) Stanfield Irrigation District's boundaries are adjusted to include the 3,549 acres identified in its 1993 request to the Bureau of Reclamation. ``(C) West Extension Irrigation District's boundaries are adjusted to include the 2,436.8 acres identified in the June 1993 Bureau of Reclamation Land Classification Report as irrigable. ``(D) Westland Irrigation District's boundaries are adjusted to include the 9,912 acres identified in its 1993 request to the Bureau of Reclamation. ``(2) The Secretary shall complete environmental reviews pursuant to this subsection no later than 6 months after the date of enactment of the Umatilla Basin Project Completion Act and at no cost to the Umatilla Basin Project irrigation districts. ``(b) Provision of McKay Reservoir Water for Environmental Enhancement.--(1) After the boundary adjustments under subsection (a), the Umatilla Basin Project irrigation districts shall provide water for environmental enhancement from McKay Reservoir to the Secretary in accordance with Option A or Option B, as specified by the Secretary. ``(2)(A)(i) Under Option A, the irrigation districts shall provide storage capacity from McKay Reservoir for environmental enhancement purposes each year equal the applicable amount stated in clause (ii), or the corresponding percentage of fill as determined by the Bureau of Reclamation, whichever is less. ``(ii) The applicable amounts referred to in clause (i) are the following: ``(I) In 1997, 6,500 acre feet. ``(II) In 1998, 5,500 acre feet. ``(III) In 1999, 4,500 acre feet. ``(IV) In 2000, 3,500 acre feet. ``(V) In 2001, 3,000 acre feet. ``(VI) In 2002, 3,000 acre feet. ``(B) Under Option B, the irrigation districts shall provide storage capacity from McKay Reservoir for environmental enhancement purposes, equal to 6,500 acre feet of water or the corresponding percentage of fill as determined by the Bureau of Reclamation, whichever is less, in each calendar year beginning in 1997 and ending in the year 2002: Provided, That the Secretary grant $300,000 by March 1st of each calendar year 1997 through 2002 to the Westland Irrigation District of the Umatilla Project for water district improvements or other uses deemed appropriate by the District: Provided further, if the Secretary fails to grant the $300,000 by March 1st in any calendar year between 1997 and 2002 for purposes of this subsection the District is not required to provide any water for that calendar year. ``(C) Not later than 9 months after the date of enactment of the Umatilla Basin Project Completion Act, the Secretary shall specify Option A or Option B and notify the Umatilla Basin Project irrigation districts of that specification. ``(c) Requirements for Receiving Project Water.--Notwithstanding any other provision of this title, no parcel may receive Umatilla Basin Project water unless it has a valid State water right and is classified as irrigable in the Bureau of Reclamation's Land Classification Report. ``(d) Provision of Description of Boundaries.--A legal description of the irrigation district boundaries as adjusted under subsection (a), including land classification and project boundary maps, shall be provided as an attachment to all 4 Umatilla Basin Project irrigation districts' existing contracts. ``(e) Limitation on Altering Ability To Pay Determination.--No alteration in the ability to pay determination for the Umatilla Basin Project irrigation districts may be made as a result of the irrigation district boundary adjustments made by subsection (a). ``SEC. 217. WATER PROTECTION AND MANAGEMENT. ``The Secretary, in cooperation with the Confederated Tribes of the Umatilla Indian Reservation (hereinafter in this section referred to as the `Tribes'), shall initiate discussions with the State of Oregon (hereinafter in this section referred to as the `State') regarding the Tribes' water claims and other water needs in the Umatilla River Basin. To facilitate these discussions of water claims, the Secretary shall do the following: ``(1) The Secretary, taking into account the facilities and analyses authorized by sections 215 through 219, shall work with the State, the Tribes, irrigation districts, the Bonneville Power Administration, and the affected public to develop a water management plan for the Umatilla River Basin. The plan shall address restoration of the Umatilla River Basin anadromous fishery. The Secretary shall also develop an integrated ground water/surface water model of the Upper Umatilla River Basin. ``(2) Within 2 years after the date of enactment of the Umatilla Basin Project Completion Act, the Secretary shall report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives on the progress of-- ``(A) the facilities authorized by sections 215 through 219 of this title; ``(B) the water management plan; ``(C) the ground water/surface water model; and ``(D) the status of discussions of tribal water claims in the Umatilla River Basin. ``SEC. 218. JOINT WATER SUPPLY SYSTEM. ``Effective upon the boundary adjustments under section 216(a), the Secretary is authorized to contract with the Tribes for the construction of a portion of an off-stream storage reservoir of approximately 10,000 acre-feet capacity, with associated works. Such authorization shall not include water treatment facilities. Such reservoir is to be located on or adjacent to the Tribes' reservation in Oregon: Provided, That: ``(1) The Secretary can demonstrate through appropriate feasibility level planning and environmental studies that the facility can be built in a manner which conforms to all applicable Federal, State, and Tribal laws and that the project siting and construction minimizes any adverse effects on the Umatilla River fishery. ``(2) Diversions for storage will not reduce Umatilla River flows below the levels necessary to restore and support the Umatilla River anadromous fishery. In diverting water for storage and operation of the reservoir, the Tribes and the city of Pendleton (hereinafter in this section referred to as the `City') may agree to higher levels of protection of instream flows. The reservoir shall be filled only during periods of high flow, and in such a manner as to preserve the ecological value of high flow events in the Umatilla River, as determined by Federal, State, and tribal fishery experts. ``(3) The City agrees to provide up to $16,000,000 (in addition to the $6,500,000 authorized by section 219(4)) for the tribal share of feasibility level planning and environmental studies and to construct the reservoir and associated works provided for by this title. Any cost overruns beyond the $22,500,000 estimated for the reservoir and associated works authorized by this section and section 219(4) shall be allocated 70 percent to the City and 30 percent to the Tribes, unless they mutually agree otherwise. ``(4) The City, subject to applicable Federal, State, and tribal laws, shall use all of its water rights to the Umatilla River and its tributaries with priority dates after January 1, 1910, including those rights identified in Oregon Regulatory Statute 538.450, for instream flow purposes to improve the Umatilla River anadromous fishery, provided that adequate water from the reservoir project is available for municipal use. ``(5) The City and the Tribes will share all operation and maintenance costs on a pro rata basis, determined by the amount of water in the reservoir reserved for each government's use, unless the City and the Tribes mutually agree to an alternative cost allocation. ``(6) Title to the reservoir facility will be held jointly in the name of the City and the United States, in trust for the Tribes. The Secretary may negotiate a contract transferring operation and maintenance responsibility to either the Tribes or the City, pursuant to all applicable State, Federal, and tribal law. ``(7) The Secretary may direct that funds authorized under this section be contracted to the Tribes, under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.). ``SEC. 219. AUTHORIZATION OF APPROPRIATIONS. ``Effective upon the boundary adjustments under section 216(a), there are authorized to be appropriated to the Secretary, plus or minus such amounts as may be justified by reason of ordinary fluctuations of applicable cost indexes, the following sums, without fiscal year limitation: ``(1) Not to exceed $64,000,000 for feasibility studies, environmental studies, and construction of the Phase III Exchange: Provided, That all costs of Phase III planning and construction, including operation and maintenance costs allocated to the mitigation of anadromous fish species and the study authorized by section 215 of this Act, shall be nonreimbursable: Provided further, That not more than 25 percent of the amount appropriated under this paragraph may be expended for administrative overhead costs. ``(2) Not to exceed $500,000 for tribal water claims discussions, a water management plan, and an integrated ground water/surface water model, as provided for in section 217(a). ``(3) Not to exceed $400,000 annually for enforcement and protection of Phases I, II, and III exchange water for instream uses. ``(4) Not to exceed $6,500,000 for feasibility studies, environmental studies, and construction of the Tribes' portion of an off-stream storage reservoir and associated works, as authorized in section 218 of this title.''. SEC. 3. WATER RIGHTS. In relation to the Umatilla Basin Project, nothing in this Act shall-- (1) impair the validity of or preempt any provision of State law with respect to water or water rights, or of any interstate compact governing water or water rights; (2) create a right to the diversion or use of water, other than-- (A) as established pursuant to the substantive and procedural requirements of State law; and (B) as recognized under State law; (3) impair any valid water right; (4) establish or create any water rights for any party; or (5) be construed to create directly or indirectly an express or implied Federal reserved water right for any purpose. SEC. 4. SENSE OF THE CONGRESS. It is the sense and expectation of the Congress that construction and operation of Phase III, the perpetual operation of the integrated Umatilla Basin Project, and the construction and operation of the Joint Water Supply System, as authorized in section 218 of the Umatilla Basin Project Act, will fulfill obligations of the Federal Government to provide the Confederated Tribes of the Umatilla Indian Reservation with water for fishery purposes in the Umatilla River below the mouth of McKay Creek, as recognized by their 1855 treaty with the United States.

Umatilla Basin Project Completion Act - Amends the Umatilla Basin Project Act to authorize the Secretary of the Interior to construct a third and final phase (phase III) of the Umatilla Basin Project to provide additional water flows into the Umatilla River for anadromous fish through a water exchange with the Westland Irrigation District. Requires a feasibility study prior to such construction. Requires the execution of an exchange agreement with the District to allow the use of Columbia River water in exchange for an equal amount of Umatilla River or McKay Reservoir water. Authorizes agreements with other water users before completion of phase III. Requires the Administrator of the Bonneville Power Administration to provide for Project power necessary to effect the phase III water exchange. Adjusts the boundaries of the four Project irrigation districts. Requires the irrigation districts, after the boundary adjustments, to provide water for environmental enhancement from McKay Reservoir to the Secretary under one of two options, as specified by the Secretary. Requires the Secretary to notify the districts of the option chosen within nine months after the enactment of this Act. Prohibits any parcel from receiving Project water unless it has a valid State water right and is classified as irrigable. Requires an updated description of irrigation districts' boundaries as an attachment to all existing Project contracts. Directs the Secretary to initiate discussions with the State of Oregon regarding the water claims of the Confederated Tribes of the Umatilla Indian Reservation and other water needs in the Umatilla River Basin. Authorizes the Secretary to contract with the Tribes for the construction of a portion of an off-stream storage reservoir of specified capacity and associated works, to be located on or adjacent to the Tribes' reservation. Authorizes appropriations. Protects existing water rights. Expresses the sense of the Congress that construction and operation of phase III, the perpetual operation of the integrated Project, and construction and operation of the joint water supply system (as authorized under the prior Act) will fulfill all Government obligations to provide the Tribes with water for fishery purposes in the Umatilla River below the mouth of McKay Creek, as recognized under the Tribes' treaty with the United States.

Umatilla Basin Project Completion Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Urban Watershed Restoration Act of 1994''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Urban communities are disproportionately impacted by water quality degradation and aquatic habitat loss. (2) Local residents in urban communities can and should be supported and empowered to revitalize and restore the urban streams, rivers, lakes, and wetlands in their neighborhoods. (3) Water quality and watershed programs in urban areas must create new and diverse jobs for youths and other unemployed workers in order to ensure the long-term participation of urban communities within these programs. (4) A range of biological techniques, including revegetation and other methods, have been demonstrated to be effective in restoring urban waters, but have been underutilized and underfunded in municipal stormwater and watershed management programs. (5) Loss of species diversity and the invasion of exotic species negatively impact estuarine habitat and can be addressed through projects that enhance the diversity of indigenous plant and animal communities. (6) Lack of public access to waterways and riparian parkland fosters human isolation from and disinterest in urban watersheds. Access to waterways can and should be created in urban neighborhoods when and where appropriate. (7) The Nation benefits by supporting citizen monitoring and local initiatives to protect and prevent further degradation of urban waterways. SEC. 3. PURPOSES. The purposes of this Act are as follows: (1) To enable local citizen and government organizations in urban areas to undertake, with Federal, State, and private assistance, urban watershed restoration programs which are consistent with existing watershed and estuarine restoration plans and existing Federal regulatory programs. (2) To restore both small and large urban waterbodies to become oases of beauty, recreation, sustenance, and renewal for their communities. (3) To achieve the goals of the Federal Water Pollution Control Act in the most degraded and neglected urban areas; specifically, to restore and maintain the chemical, physical, and biological integrity of urban waters and watersheds, including restoration and maintenance of water quality, a balanced indigenous population of shellfish, fish, and wildlife, aquatic and riparian vegetation, and recreational activities in and on the water, and to protect designated uses, including fishing, swimming, and drinking water supply. (4) To support the formation of, and provide the funds for, small local and minority-owned businesses and nonprofit citizen organizations focused on providing urban watershed restoration jobs, services, and products for persons and communities in degraded urban watershed areas. (5) To promote development of careers in urban watershed restoration and related fields, as well as environmental education, for youths. (6) To create urban watershed restoration project opportunities for State and local conservation or service corps. (7) To encourage the coordination of urban watershed restoration projects and municipal stormwater and combined sewer overflow permit programs. (8) To increase public access to urban waterways and to increase the amount of urban estuarine and riparian parkland available for passive recreation. (9) To promote the use of physical restoration of urban waterways as a means to low-cost stormwater management. (10) Creation of new wetland and riparian environments as part of a multiobjective stormwater management system in which the created wetlands, stream channels, and riparian zones provide stormwater storage, detention, retention, nutrient filtering, wildlife habitat, and increase biological diversity. SEC. 4. ESTABLISHMENT OF PROGRAM. Section 319 of the Federal Water Pollution Control Act (33 U.S.C. 1329) is amended by adding at the end the following new subsection: ``(o) National Urban Watershed Restoration Program.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of this subsection, the Administrator shall establish a National Urban Watershed Restoration Program to be carried out in accordance with the requirements of this subsection. ``(2) Administration.-- ``(A) In general.--The Program shall be administered by each State which the Administrator determines has a demonstrated successful urban river restoration program. If a State does not have a demonstrated successful urban river restoration program, the Administrator shall administer the Program through the Regional Administration of the Environmental Protection Agency. ``(B) Combined funding.--The Administrator shall assist States participating in the Program in combining funding from the Program and other related programs to reduce inefficiencies. ``(3) Funding.--The Administrator shall allocate at least 25 percent of funds made available to carry out this section for the purpose of carrying out the Program. ``(4) Project grants and technical assistance.-- ``(A) In general.--The Administrator shall use funds allocated to carry out the Program for making grants and providing technical assistance for projects which meet the requirements of this subsection and which are selected by the Administrator or the State, as the case may be. ``(B) Federal share.--The Federal share of the cost of carrying out a project with Federal assistance under this subsection in any fiscal year shall not exceed 60 percent of the cost incurred in carrying out such project and shall be made on condition that the non- Federal share is provided from non-Federal sources. The non-Federal share may include in-kind services. ``(C) Maximum amount to be used for individual projects.--Not more than $500,000 of the funds allocated to carry out the Program may be expended to carry out any individual project. ``(D) Simplified contracting procedures.--The Administrator shall develop simplified contracting procedures for grants under the Program and may waive Federal contracting requirements as appropriate for grants under $100,000. ``(5) Project selection.-- ``(A) Conditions.--The Administrator or State, as the case may be, shall select a project to be carried out under the Program only if the project meets the following requirements: ``(i) Proposal.--The project is jointly nominated by a State, local, regional, or tribal governmental entity and by a private citizen's organization active in the urban watershed area of the project, and the project sponsors submit to the Administrator or State a proposal for carrying out the project. ``(ii) Consistency with existing plans and permits.--In order to ensure consistency with regional restoration priorities, the project sponsors-- ``(I) certify that all available and relevant water quality and watershed plans, reports, studies, and strategies (including those under sections 118, 119, 120, 208, 303, 314, 319, and 320 of this Act) that the Administrator deems appropriate and, where appropriate, municipal stormwater discharge and combined sewer overflow permits under section 402 have been considered by the project sponsor; and ``(II) provide assurances that the project will be carried out in a manner which is consistent with such plans, reports, studies, strategies, and permits, as well as the goals and objectives of the Program and this Act. ``(B) Priority projects.--Under the Program, the Administrator shall encourage through technical assistance and other means, and give priority to, those projects that-- ``(i) assist communities in meeting municipal stormwater discharge and combined sewer overflow permit program requirements under section 402 of this Act; ``(ii) assist in the implementation of approved national estuary plans under section 320 of this Act; and ``(iii) assist municipalities in the development and implementation of stream protection measures and monitoring. ``(C) Factors to be considered.--In considering whether or not to select a project to be carried out under the Program, the Administrator or State shall consider, at a minimum, the following factors and give priority to those projects that meet more than one of these factors: ``(i) The project will be carried out in a low-income urban area. ``(ii) The project will correct a water pollution, stormwater drainage, aquatic and riparian habitat loss, erosion reduction and control, or landscape degradation problem which contributes to the economic, social, and environmental and water quality degradation of the area. ``(iii) The project will support ecologically-oriented businesses or occupations in the area served by the project. ``(iv) The project will employ and train State and local conservation or service corps in watershed restoration and monitoring and assessment work. ``(v) The project will employ youth. ``(vi) The project will support diverse community coalitions in low-income urban areas and support outreach programs to involve these communities in urban watershed monitoring and restoration. ``(vii) The project will restore urban waterways providing benefits to urban fisheries of recreational, subsistence, commercial, or scientific significance, giving priority to ecological restoration methods. ``(viii) The project will employ and train urban fishers and other urban aquatic resource users and harvesters who have experienced loss or reduction of their livelihoods due to habitat degradation or related harvesting regulations. ``(ix) The project will integrate local or regional schools, colleges, universities, and nonprofit organizations into the restoration, monitoring, and education activities of urban water quality programs. ``(x) The project will assist a municipal project sponsor in complying with municipal stormwater and combined sewer overflow permit program requirements under section 402. ``(6) Eligible project costs.--Project costs eligible for funding under the Program shall be limited to the following activities and purposes: ``(A) Ecological restoration of existing degraded wetlands, streams, lakes, and rivers. ``(B) Removal of debris. ``(C) Creation of a greater diversity of aquatic habitats in urban environments. ``(D) Construction of new wetlands and vegetated riparian areas. ``(E) Reduction of runoff caused by urbanization, including impervious surface and abandoned lot reclamation and revegetation projects. ``(F) Streambank restoration and stabilization utilizing biological slope stabilization. ``(G) Creation of floodplain riparian zones, sediment removal from storm flows, and nutrient uptake by riparian plant communities. ``(H) Projects designed to remove barriers to fish passage and projects designed to remove culverts or storm drains to reestablish stream channel environments or to manage stormwater flow. ``(I) Organization of neighborhood or regional nonprofit watershed citizen groups and councils to develop a consensus watershed restoration strategy where one does not currently exist and to carry out restoration activities under such a plan. ``(J) Watershed landscape projects and geographical surveys and mapping to carry out the purposes of this Act, including the identification of potential riparian restoration sites. ``(K) Employment of youths in any or all of the activities described in subparagraphs (A) and (J). Such employment shall be through membership in State or local conservation or service corps or, where such corps do not exist, through membership in State, regional, or local community service organizations or other equivalent agencies. ``(7) Coordination with other agencies.--The Administrator shall assist project sponsors in coordinating with Federal and State agencies, academic institutions, community organizations, and public interest groups. ``(8) Cooperative agreements.--Each Regional Administrator may enter into 1 or more cooperative agreements with appropriate officials of the Soil Conservation Service of the Department of Agriculture and the Fish and Wildlife Service and the National Park Service of the Department of the Interior for the purpose of having the cooperating agency provide technical assistance to one or more projects being carried out under the Program. ``(9) Nondegradation policy.--Nothing in this subsection shall be construed to encourage additional development, alteration, loss, or degradation of wetlands or other waters within urban watersheds or stream corridors or any other waters of the United States. ``(10) Reports.-- ``(A) Regional administrators.--Not later than January 1, 1995, and each January 1 thereafter, each Regional Administrator shall submit to the Administrator a report for the preceding fiscal year on the implementation of the Program in its region, together with recommendations of methods of improving such implementation. ``(B) Administrator.--Not later than March 1, 1997, the Administrator shall transmit to Congress a report for fiscal years 1994, 1995, and 1996 on the implementation of the Program under this subsection, together with recommendations concerning continuation of the Program after fiscal year 1998 and recommendations concerning methods of improving such implementation. ``(11) Definitions.--For the purposes of this subsection, the following definitions apply: ``(A) Ecological restoration.--The term `ecological restoration' means the process of intentionally altering a site to establish a defined, indigenous, historic ecosystem with the goal of emulating the structure, function, diversity, and dynamics of the ecosystem. ``(B) Program.--The term `Program' means the National Urban Watershed Restoration Program established under paragraph (1) by the Administrator. ``(C) Regional administrator.--The term `Regional Administrator' means a Regional Administrator of the Environmental Protection Agency. ``(D) Urban watershed.--The term `urban watershed' means any watershed located wholly or substantially within the boundaries of an urbanized area designated by the Bureau of the Census or any watershed located wholly or substantially within the boundaries of lands owned or controlled by an Indian tribe. ``(E) Watershed.--The term `watershed' means all lands that drain directly into a single waterbody, the land that drains into sewer conveyances that discharge to the waterbody, and the waterbody itself.''.

Urban Watershed Restoration Act of 1994 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a National Urban Watershed Restoration Program to be administered by each State which has a demonstrated successful urban river restoration program or by the Regional EPA Administrator in States without such programs. Allocates at least 25 percent of funds made available for nonpoint source pollution management to the Program. Provides for grants and technical assistance for projects meeting this Act's requirements. Limits the Federal share of a project's cost to 60 percent of the total cost. Sets forth conditions for project selection. Gives priority to projects that assist in the: (1) meeting of municipal stormwater discharge and combined sewer overflow permit program requirements; (2) implementation of national estuary plans; and (3) development and implementation of stream protection measures and monitoring. Establishes other factors with respect to priority consideration, including that a project will be carried out in a low-income area and will correct a problem which contributes to economic, social, and environmental degradation. Lists projects eligible for funding under the Program.

Urban Watershed Restoration Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Healthcare Relief Act''. SEC. 2. EXCEPTION FROM GROUP HEALTH PLAN REQUIREMENTS TO ALLOW SMALL BUSINESSES TO USE PRE-TAX DOLLARS TO ASSIST EMPLOYEES IN THE PURCHASE OF HEALTH INSURANCE IN THE INDIVIDUAL MARKET. (a) Amendments to the Internal Revenue Code of 1986 and the Patient Protection and Affordable Care Act.-- (1) In general.--Section 9831 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Certain Individual Health Insurance Policies Obtained Through Small Employers.-- ``(1) In general.--The requirements of this chapter shall not apply to any qualified small employer health reimbursement arrangement. ``(2) Qualified small employer health reimbursement arrangement.--For purposes of this subsection-- ``(A) In general.--The term `qualified small employer health reimbursement arrangement' means an arrangement which-- ``(i) is described in subparagraph (B), and ``(ii) is offered on the same terms to all eligible employees of the eligible employer. ``(B) Arrangement described.--An arrangement is described in this subparagraph if-- ``(i) such arrangement is funded solely by an eligible employer and no salary reduction contributions may be made under such arrangement, and ``(ii) such arrangement provides, after the employee provides proof of coverage to the employer, for the payment of, or reimbursement of, an eligible employee for-- ``(I) expenses for medical care (as defined by subparagraphs (A), (B), and (C) section 213(d)) incurred by the eligible employee or the eligible employee's family members (as determined under the terms of the arrangement), and ``(II) including for-- ``(aa) insurance (within the meaning of section 213(d)(1)(D)) purchased on the individual health insurance market, and ``(bb) premiums under part B of title XVIII of the Social Security Act and any medicare supplemental policy under section 1882 of such Act. ``(C) Payments for other insurance not permitted under arrangement.--An arrangement shall not be treated as described in subparagraph (B) if the arrangement permits the employee to pay premiums for health insurance coverage for the employee under the employee's spouse or other family member health insurance coverage. ``(D) Certain variation permitted.--For purposes of subparagraph (A)(ii), an arrangement shall not fail to be treated as offered on the same terms to all eligible employees merely because the employer contributions under such arrangement vary based on the number of individuals covered under such policy. The preceding sentence shall not apply unless such variation is consistently applied to all eligible employees and is consistent with the price variation of coverage under health insurance obtained in the relevant individual health insurance market. ``(3) Other definitions.--For purposes of this subsection-- ``(A) Eligible employee.--The term `eligible employee' means any employee of the employer except that the terms of the arrangement may exclude from consideration employees described in any clause of section 105(h)(3)(B) (applied by substituting `90 days' for `3 years' in clause (i) thereof). ``(B) Eligible employer.--The term `eligible employer' means an employer that-- ``(i) is not an applicable large employer as defined in section 4980H(c)(2), and ``(ii) does not offer a group health plan (other than a qualified small employer health reimbursement arrangement) to any of its employees. ``(C) Individual health insurance policy.--The term `individual health insurance policy' means individual health insurance coverage (as defined in section 2791(b) of the Public Health Service Act) which is offered by a health insurance issuer (as so defined in such section).''. (2) Exclusion from gross income.--Section 106 of such Code is amended by adding at the end the following: ``(g) Qualified Small Employer Health Reimbursement Arrangement.-- ``(1) In general.--In the case of an individual who is an eligible employee (as defined in paragraph (3)(A) of section 9831(d)) with respect to an eligible employer (as defined in paragraph (3)(B) of such section), the applicable percentage of the aggregate contributions made for the taxable year by the eligible employer under a qualified small employer health reimbursement arrangement (as defined in paragraph (2) of such section) with respect to the employee shall be treated as employer-provided coverage for medical expenses under an accident or health plan. ``(2) Applicable percentage.--For purposes of paragraph (1) the applicable percentage shall be-- ``(A) 25 percent if the employee is covered for less than 3 months in the taxable year by the qualified small employer health reimbursement arrangement and the employee draws amounts from the arrangement in any month during which the employee is not so covered, ``(B) 50 percent if the employee is covered for more than 3 months but less than 6 months in the taxable year by the qualified small employer health reimbursement arrangement and the employee draws amounts from the arrangement in any month during which the employee is not so covered, ``(C) 75 percent if the employee is covered for more than 6 months but less than 9 months in the taxable year by the qualified small employer health reimbursement arrangement and the employee draws amounts from the arrangement in any month during which the employee is not so covered, and ``(D) 100 percent if the employee is covered for more than 9 months in the taxable year by the qualified small employer health reimbursement arrangement. ``(3) Rule for special enrollment.--In the case of an employee who first becomes covered under the qualified small employer health reimbursement arrangement by reason of enrollment during a special enrollment period for qualifying events (under section 603 of Employee Retirement Income and Security Act), in lieu of paragraph (2) the applicable percentage shall be the ratio (expressed as a percentage) that-- ``(A) the number of the months in the taxable year for which such employee is covered by such arrangement, bears to ``(B) the total number of months in the taxable year for which such employee is eligible to be covered by such arrangement.''. (3) Exception from continuation coverage requirements.-- Section 4980B(d) of such Code is amended by striking ``or'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, or'', and by adding at the end the following new paragraph: ``(4) any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2)).''. (4) Exception from excise tax on high cost employer- sponsored health coverage.--Section 4980I(d)(2) of such Code is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following: ``(D) In the case of applicable employer-sponsored coverage consisting of coverage under any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2)), the cost of the coverage shall be the amount reported under section 6051(a)(15).''. (5) Prevention of double benefit under health insurance premium credit.--Section 36B(c)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain individual health insurance policies obtained through small employers.-- ``(i) In general.--The term `coverage month' shall not include any month with respect to an employee if for such month the employee is offered affordable coverage under an individual health insurance policy (as defined under section 9831(d)(3)(C)) under a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2)). ``(ii) Affordable.--For purposes of clause (i), coverage shall be treated as affordable for a month if-- ``(I) \1/12\ of the employer's contribution to the employee for a year under such arrangement is not less than the amount that would be paid by the employee for the premium for such month for the applicable second lowest cost self-only silver plan for self-only coverage with respect to the employee's individual market, and ``(II) the employee's cost for coverage under the individual health insurance policy under the qualified small employer health reimbursement arrangement for a year does not exceed the 9.5 percent of the employee's household income.''. (6) Employee notice.--Section 101 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021) is amended by adding at the end the following: ``(o) Notice Relating to Health Reimbursement Arrangements.--An employer maintaining a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986) shall, upon an election by an employee to participate in such qualified small employer health reimbursement arrangement, provide notice to the employee that if the employee is not covered under such arrangement for at least 9 of 12 months in the plan year, any funds under such arrangement may be includible in gross income.''. (7) Reporting.-- (A) W-2 reporting.--Section 6051(a) of such Code is amended by striking ``and'' at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting ``, and'', and by inserting after paragraph (14) the following new paragraph: ``(15) the total amount of employer contributions made for the year under a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2)) with respect to the employee.''. (B) Information required to be provided by exchange subsidy applicants.-- (i) In general.--Section 1411(b)(3) of the Patient Protection and Affordable Care Act is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Certain individual health insurance policies obtained through small employers.--The months (if any) which the enrollee has or expects to have coverage under an individual health insurance policy (as defined in section 9831(d)(3)(C) of the Internal Revenue Code of 1986) provided under a qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of such Code).''. (ii) Special rule relating to verification of information required to be provided by exchange applicants.--Verification under section 1411 of the Patient Protection and Affordable Care Act of information provided under section 1411(b)(3)(B) of such Act shall apply with respect to months beginning after October 2016. (8) Effective date.--The amendments made by this subsection shall apply to months beginning after the date of the enactment of this Act. (b) Amendments to the Employee Retirement Income Security Act of 1974.-- (1) In general.--Section 732 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191a) is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Exception for Certain Individual Health Insurance Policies Obtained Through Small Employers.--The requirements of this part shall not apply to any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986).''. (2) Exception from continuation coverage requirements.-- Section 601 of such Act (29 U.S.C. 1161) is amended by adding at the end the following new subsection: ``(c) Exception for Certain Individual Health Insurance Policies Obtained Through Small Employers.--Subsection (a) shall not apply to any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986).''. (3) Exception from certain other group health plan requirements.--Section 609 of such Act (29 U.S.C. 1169) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Exception for Certain Individual Health Insurance Policies Obtained Through Small Employers.--The requirements of this section shall not apply to any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986).''. (4) Effective date.--The amendments made by this subsection shall apply to months beginning after the date of the enactment of this Act. (c) Amendments to Public Health Service Act.-- (1) In general.--Part C of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-91 et seq.) is amended by adding at the end the following new section: ``SEC. 2796. EXCEPTION FOR CERTAIN SMALL EMPLOYER PLANS TO PROVIDE INDIVIDUAL HEALTH INSURANCE POLICIES. ``(a) In General.--The requirements of this title shall not apply to any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986). ``(b) Exception Not Applicable to Individual Health Insurance Offered Under the Plan or Arrangement.--Subsection (a) shall not apply with respect to any individual health insurance policy (as defined in section 9831(d)(3)(C) of such Code) offered under any such arrangement.''. (2) Exception from continuation coverage requirements.-- Title XXII of the Public Health Service Act (42 U.S.C. 300bb-1 et seq.) is amended by adding at the end the following new section: ``SEC. 2209. EXCEPTION FOR CERTAIN SMALL EMPLOYER PLANS TO PROVIDE INDIVIDUAL HEALTH INSURANCE POLICIES. ``The requirements of this title shall not apply to any qualified small employer health reimbursement arrangement (as defined in section 9831(d)(2) of the Internal Revenue Code of 1986).''. (3) Effective date.--The amendments made by this subsection shall apply to months beginning after the date of the enactment of this Act.

Small Business Healthcare Relief Act This bill amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to allow an employer with fewer than 50 employees that does not offer group health insurance coverage to establish a health reimbursement arrangement. Under the arrangement, funds contributed by an employer are excluded from the employer's taxable income and are used to pay or reimburse employees for medical care expenses, including premiums for individual health insurance coverage or Medicare supplemental insurance. Such a reimbursement arrangement: (1) must not pay premiums for an employee covered by a family member's coverage, (2) must be offered to all eligible employees on the same terms and may only vary based on the number of individuals covered, and (3) is not required to provide continuation coverage. Employer contributions to a reimbursement arrangement are not included in an employee's gross income if the employee was covered by the reimbursement arrangement for more than nine months of the year. Employees covered for less than nine months have a percentage of employer contributions included in their gross income, with exceptions. An employee offered affordable individual health insurance coverage under a reimbursement arrangement is not eligible for a premium assistance tax credit. Employers must report contributions to a reimbursement arrangement on their employees' W-2. This bill amends the Public Health Service Act to exempt reimbursement arrangements from requirements for health insurance coverage. Insurance offered under a reimbursement arrangement remains subject to the requirements.

Small Business Healthcare Relief Act

SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``Medicare Program Infrastructure Investment Act of 2000''. (b) Purpose.--The purpose of this Act is to design a strategy for the implementation of an advanced informational infrastructure for the administration of parts A and B of the medicare program in coordination with the Administrator of the Health Care Financing Administration and the Chief Information Office of the Health Care Financing Administration. SEC. 2. ESTABLISHMENT OF THE HEALTH CARE INFRASTRUCTURE COMMISSION. (a) Establishment.--There is established within the Department of Health and Human Services a Health Care Infrastructure Advisory Commission (in this section referred to as the ``Commission''). (b) Duties.--The Commission shall carry out the following duties: (1) In conjunction with the Administrator and Chief Information Officer of the Health Care Financing Administration, the Commission shall develop a strategy to create an advanced informational infrastructure for the administration of the medicare program under parts A and B of title XVIII of the Social Security Act, including claims processing by medicare carriers and fiscal intermediaries and beneficiary information functions. (2) 18 months after the date all of the members of the Commission are appointed under subsection (c)(2), the Commission shall submit to Congress (and publish in the Federal Register) an initial report that describes a strategic plan to implement an advanced information structure for parts A and B of the medicare program, including a cost estimate and schedule for the plan, that-- (A) complies with all existing Federal financial management and information technology laws; (B) provides immediate, point-of-service information on covered items and services under the program to each beneficiary, provider of services, physician, and supplier; (C) ensures that strict security measures are integral to and designed into the system that-- (i) protect the privacy of patients and the confidentiality of personally identifiable health insurance data used or maintained under the system in a manner consistent with privacy regulations promulgated by the Secretary under the Health Insurance Portability and Accountability Act of 1996; (ii) guard system integrity in a manner consistent with security regulations promulgated by the Secretary under such Act; and (iii) apply to any network service provider used in connection with the system; (D) immediately notifies each provider of services, physician, or supplier of any incomplete or invalid claim, including-- (i) the identification of any missing information; (ii) the identification of any coding errors; and (iii) information detailing how the provider of services, physician, or supplier may develop a claim under such system; (E) allows for proper completion and resubmission of each claim identified as incomplete or invalid under subparagraph (D); (F) allows for immediate automatic processing of clean claims and subsequent payment in accordance with the provisions of sections 1816(c)(2)(B)(i) and 1842(c)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395h(c)(2)(B)(i) and 1395u(c)(2)(B)(i)) so that a provider of services, physician, or supplier may immediately provide the beneficiary with a written explanation of medical benefits, including an explanation of costs and coverage to any beneficiary under parts A and B at the point of care; (G) allows for electronic payment of claims to each provider of services, physician, and supplier, including payment through electronic funds transfer, for each claim for which payment is not made on a periodic interim payment basis under section 1815(e)(2) of such Act (42 U.S.C. 1395g(e)(2)) for items and services furnished under part A; (H) complies with all applicable transactions standards adopted by the Secretary under the Health Insurance Portability and Accountability Act of 1996; (I) provides for system specifications that are flexible, modular in nature, scalable, and performance- based; and (J) is designed to be used, or easily adapted for use, in other health insurance programs administered by a department or agency of the United States. (3) Not later than one year after the date the Commission submits the initial report under paragraph (2), the Commission shall submit to Congress (and shall publish in the Federal Register) a final report on the Secretary's progress in developing an advanced informational system. (4) Each report required under this subsection-- (A) shall include those recommendations, findings, and conclusions of the Commission that receive the approval of at least a majority of the members of the Commission; and (B) shall include dissenting or additional views of members of the Commission with respect to the subject matter of the report. (c) Membership.-- (1) Composition.--The Commission shall be composed of 13 voting members appointed in accordance with paragraph (2) and two ex officio voting members designated under paragraph (3). (2) In general.--Not later than 90 days after the date of the enactment of this Act, members of the Commission shall be appointed as follows: (A) The Director of the Defense Advanced Research Projects Agency shall appoint one member. (B) The Director of the National Science Foundation shall appoint one member. (C) The Director of the Office of Science and Technology Policy shall appoint one member. (D) The Secretary shall appoint one member who represents each of the following: (i) Physicians and other health care practitioners. (ii) Hospitals. (iii) Skilled nursing facilities. (iv) Home health agencies. (v) Suppliers of durable medical equipment. (vi) Fiscal intermediaries and carriers. (E) The Secretary shall appoint two members who represent information technology providers, one who represents medicare information technology providers and one who represent health industry information technology providers. (F) The Secretary shall appoint two members who represent medicare beneficiaries. (3) Ex officio members.--The following shall serve as ex officio members of the Commission: (A) The Secretary, who shall be the chairperson of the Commission. (B) The Chief Financial Officer of the Health Care Financing Administration. (4) Qualifications.--Each of the members appointed under paragraph (2) shall be knowledgeable in advanced information technology, financial management, or electronic billing procedures associated with health care benefit programs. One of the members appointed under paragraph (2)(F) shall have expertise in health information privacy. (d) Meetings.-- (1) In general.--The Commission shall meet at the call of the chairperson, except that it shall meet-- (A) not less than four times each year; or (B) on the written request of a majority of its members. (2) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (e) Compensation.--Each member of the Commission who is a full-time officer or employee of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (f) Staff.-- (1) In general.--The chairperson of the Commission may, without regard to the civil service laws and regulations, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees.--Upon request of the chairperson, the head of any Federal department or agency may detail to the Commission, without reimbursement, basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. Such detail shall be without interruption or loss of civil service status or privilege. (g) Procurement of Temporary and Intermittent Services.--The chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (h) Termination.--The Commission shall terminate on the date that is 60 days after the date the Commission submits to Congress the final report under subsection (b)(3). (i) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary for the Commission to carry out its duties under this section. (2) Availability.--Any sums appropriated under paragraph (1) shall remain available until the termination of the Commission under subsection (h). (j) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) Administrator.--The term ``Administrator'' means the Administrator of the Health Care Financing Administration. (k) Applicability of FACA.--The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. SEC. 3. IMPLEMENTATION OF SYSTEM. (a) Annual Reports on Implementation.--Not later than 6 months after the Commission publishes in the Federal Register the final report required under section 2(b)(3) and annually thereafter until the date of final implementation under subsection (b), the Secretary shall submit to Congress a report on the progress of the Health Care Financing Administration on implementing a modernized advanced, integrated informational infrastructure for the administration of parts A and B of the medicare program. (b) Final Implementation.--Not later than 10 years after the date of the enactment of this Act, the Secretary shall fully implement a modernized advanced, integrated informational infrastructure for the administration of parts A and B of the medicare program. SEC. 4. ADMINISTRATIVE SIMPLIFICATION. Section 1173(a) of the Social Security Act (42 U.S.C. 1320d-2(a)) is amended by adding at the end the following new paragraph: ``(4) Interactive transactions.--If the Secretary adopts a batch standard for a transaction under paragraph (1) that involves a health care provider, not later than 24 months after the adoption of the batch standard, the Secretary shall also adopt an interactive standard that is compatible with the batch standard so that the provider may immediately complete the transaction at the point of service.''.

Amends SSA title XI to provide that if the HHS Secretary adopts a batch standard for a transaction involving a health care provider to enable health information to be exchanged electronically, the Secretary shall also adopt an interactive standard compatible with the batch standard so that the provider may immediately complete the transaction at the point of service.

Medicare Program Infrastructure Investment Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Energy High-End Computing Act of 2012''. SEC. 2. DEFINITIONS. Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5541) is amended by striking paragraphs (1) through (5) and inserting-- (1) Co-design.--The term ``co-design'' means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. (2) Department.--The term ``Department'' means the Department of Energy. (3) Exascale.--The term ``exascale'' means computing system performance at or near 10 to the 18th power floating point operations per second. (4) High-end computing system.--The term ``high-end computing system'' means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (6) National laboratory.--The term ``National Laboratory'' means any one of the seventeen laboratories owned by the Department. (7) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND DEVELOPMENT PROGRAM. Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5542) is amended-- (1) in subsection (a)(1), by striking ``program'' and inserting ``coordinated program across the Department''; (2) in subsection (b)(2), by striking ``vector'' and all that follows through ``architectures'' and inserting ``computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability''; and (3) by striking subsection (d) and inserting the following: ``(d) Exascale Computing Program.-- ``(1) In general.--The Secretary shall conduct a coordinated research program to develop one or more exascale computing systems to advance the missions of the Department. ``(2) Execution.--The Secretary shall through competitive merit review establish two or more National Laboratory-industry partnerships to conduct integrated research, development, and engineering of one or more prototype exascale systems, and-- ``(A) conduct mission-related co-design activities in developing such prototype exascale platforms; and ``(B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management. ``(3) Administration.--In carrying out this program, the Secretary shall-- ``(A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to these exascale systems, as appropriate; and ``(B) conduct outreach programs to increase the readiness for the use of such platforms by domestic industries, including manufacturers. ``(4) Reports.-- ``(A) Integrated strategy and program management plan.--The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the Department of Energy High-End Computing Act of 2012, a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. ``(B) Status reports.--At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 4 of the Department of Energy High-End Computing Revitalization Act of 2004 (15 U.S.C. 5543) is amended-- (1) by striking ``this Act'' and inserting ``section 3(d)''; and (2) by striking paragraphs (1) through (3) and inserting the following: (A) $110,000,000 for fiscal year 2013; (B) $195,000,000 for fiscal year 2014; and (C) $260,000,000 for fiscal year 2015.

Department of Energy High-End Computing Act of 2012 - Amends the Department of Energy High-End Computing Revitalization Act of 2004 with respect to: (1) exascale computing (computing system performance at or near 10 to the 18th power floating point operations per second); and (2) a high-end computing sytem with performance substantially exceeding that of systems commonly available for advanced scientific and engineering applications. Directs the Secretary of Energy (DOE) to: (1) coordinate the development of high-end computing systems across DOE; and (2) include among the multiple architectures researched any computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability. Repeals authority for establishment of at least one High-End Software Development Center. Directs the Secretary to conduct a coordinated research program to develop one or more exascale computing systems to advance DOE missions. Requires establishment through competitive merit review of two or more DOE National Laboratory-industry partnerships to conduct integrated research, development, and engineering of one or more prototype exascale systems. Requires the Secretary to conduct mission-related co-design activities in developing prototype exascale platforms. Defines "co-design" as the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. Directs the Secretary to develop any advancements in hardware and software technology required to realize fully the potential of an exascale production system in addressing DOE target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management.

To amend the Department of Energy High-End Computing Revitalization Act of 2004 to improve the high-end computing research and development program of the Department of Energy, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Corporate Earnings Stripping Act of 2017''. SEC. 2. PREVENTION OF EARNINGS STRIPPING OF CORPORATIONS WHICH ARE RELATED TO INVERTED CORPORATIONS. (a) In General.--Section 7874 of the Internal Revenue Code of 1986 is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Special Rules Applicable to Earnings Stripping and Related Party Transactions.-- ``(1) In general.--In the case of any corporation which is a related corporation for any taxable year, section 163(j) shall be applied with the following modifications: ``(A) 5-year limitation on carryforward of disallowed amounts.--For purposes of determining any amount carried to, or from, such taxable year under subparagraph (B) of section 163(j)(1), such subparagraph shall be applied by substituting `in the 1st succeeding taxable and in the 2nd through 5th succeeding taxable years to the extent disallowed under subparagraph (A) in the preceding taxable year (determined on a first-in, first-out basis and by treating the amount carried forward under this subparagraph as allowed under subparagraph (A) before amounts otherwise taken into account under subparagraph (A))' for `in the succeeding taxable year'. ``(B) Rules for determining whether interest limitation rules apply.--In applying section 163(j)(2) to determine whether section 163(j) applies to such related corporation for such taxable year-- ``(i) subparagraph (A)(ii) shall be disregarded, and ``(ii) subparagraph (B)(i)(II) shall be applied by substituting `25 percent of the adjusted taxable income of the corporation' for `the sum of 50 percent of the adjusted taxable income of the corporation plus any excess limitation carryforward under clause (ii)' for purposes of determining the corporation's excess interest expense for such taxable year. ``(2) Related corporation.--For purposes of this subsection-- ``(A) In general.--The term `related corporation' means any corporation for any taxable year if, at any time during such taxable year, such corporation is a member of an expanded affiliated group which includes (at any time during such taxable year) an entity which-- ``(i) is a surrogate foreign corporation, determined by applying subsection (a)(2)(B)-- ``(I) by substituting `on or after May 8, 2014' for `after March 4, 2003' in clause (i) thereof, ``(II) by substituting `more than 50 percent' for `at least 60 percent' in clause (ii) thereof, and ``(III) by disregarding the matter following clause (iii) thereof, and ``(ii) is not treated as a domestic corporation by reason of subsection (b). ``(B) Special rule for inclusion of noncorporate entities.--For purposes of subparagraph (A), a partnership or other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity controls (as determined under section 954(d)(3)), or is controlled by (as so determined), members of such group (including any entity treated as a member of such group by reason of this sentence). ``(3) Rules related to application of 5-year carryforward of disallowed amounts.--For purposes of applying paragraph (1)(A)-- ``(A) Transition rule.--For purposes of applying paragraph (1)(A), the term `1st succeeding taxable year' means the later of-- ``(i) the 1st succeeding taxable year after the taxable year in which the disqualified interest is paid or accrued (determined without regard to subsection (j)(1)(B)), or ``(ii) the 1st taxable year beginning after the date of the enactment of this subsection. ``(B) Amounts carried to taxable year for which corporation is a related corporation.--Paragraph (1)(A) shall apply to amounts carried to a taxable year to which such paragraph applies without regard to whether such paragraph applied to the taxable year in which such amount was originally paid or accrued (or to any other taxable year). ``(C) Amounts carried from taxable year for which corporation is a related corporation.--Paragraph (1)(A) shall apply to amounts carried from a taxable year to which such paragraph applies (whether or not such amount was originally paid or accrued in such taxable year) without regard to whether such paragraph applies to the taxable year to which carried (or to any other taxable year).''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Limitation on carryforward of disallowed amounts.--For purposes of determining any amount carried to a taxable year beginning after the date of the enactment of this Act, the amendments made by this Act shall apply to amounts paid or incurred before, on, or after the date of the enactment of this Act.

Stop Corporate Earnings Stripping Act of 2017 This bill amends the Internal Revenue Code to limit the tax deduction available to certain foreign-controlled U.S. multinational corporations for excess interest on debt incurred by such corporations (i.e., earnings stripping) by: (1) repealing the debt-to-equity ratio threshold required for such deduction, (2) reducing the permitted net interest expense threshold from 50% to 25% of the corporation's adjusted taxable income, (3) repealing the excess limitation carryforward, and (4) limiting to five years the carryforward of disallowed interest expenses with respect to amounts paid or incurred before, on, or after the date of enactment of this bill.

Stop Corporate Earnings Stripping Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bulk-Power System Reliability Impact Statement Act''. SEC. 2. FINDINGS. Congress finds that-- (1) no other electricity network in the world provides as much power to as many people as reliably and affordably as the electric grid in the United States, but keeping the lights on in the United States is a highly complex undertaking; (2) according to the 2015 Quadrennial Energy Review, the electric grid ``must handle a diverse and evolving mix of energy sources and energy products; link sources, processors, and users across immense distances; match demands that vary on multiple time scales; co-exist with competing uses of the same systems; and perform 24 hours a day, 365 days a year with high reliability''; (3) diversity is the key characteristic of the electric system in the United States as the electric grid in the United States is immensely complicated due to the fact that-- (A) wholesale electric service and the bulk-power system have evolved in many different regions of the United States with a variety of ownership and operational structures; and (B) the electric grid must adapt to managing an increasingly variable energy mix and addressing retiring baseload capacity; (4) as set forth in Presidential Policy Directive 21 entitled the ``Presidential Policy Directive on Critical Infrastructure Security and Resilience'', even within critical infrastructure of the United States, energy systems are ``uniquely critical due to the enabling functions they provide across all critical infrastructure sectors''; (5) the wholesale electric service and the bulk-power system of the United States should provide for the United States electric service that is abundant, affordable, clean, diverse, and secure; (6) Federal regulators empowered by Congress should be directed to use their authority to enable and not impede, on balance, the reliability and affordability of electric service; and (7) just as the benefits of the electric grid accrue to all, the burden of maintaining the electric grid must also be fairly borne by all. SEC. 3. RELIABILITY REPORTS. Section 215(g) of the Federal Power Act (16 U.S.C. 824o(g)) is amended-- (1) by striking ``The ERO'' and inserting the following: ``(1) In general.--The ERO''; and (2) by adding at the end the following: ``(2) Reliability coordinators.--Not later than 180 days after the date of enactment of this paragraph and not less than every 3 years thereafter, each reliability coordinator registered with the ERO shall submit to the appropriate committees of Congress and the Commission a report that describes, as of the date of the report-- ``(A) the state of and prospects for the reliability and affordability of electricity within the geographic area covered by the reliability coordinator; and ``(B) the most significant risks to the reliability of the bulk-power system that might arise or need to be monitored within the geographic area covered by the coordinator, including risks from proposed or final Federal regulations.''. SEC. 4. RELIABILITY IMPACT STATEMENT. Section 215 of the Federal Power Act (16 U.S.C. 824o) is amended by adding at the end the following: ``(l) Reliability Impact Statement.-- ``(1) Solicitation by commission.--Not later than 15 days after the date on which the head of a Federal agency proposes a major rule (as defined in section 804 of title 5, United States Code) that may significantly affect the reliable operation of the bulk-power system, the Commission shall solicit from any applicable reliability coordinator registered with the ERO affected by the proposed rule a reliability impact statement with respect to the proposed rule. ``(2) Voluntary submission by reliability coordinator.--A reliability coordinator may prepare, on the initiative of the reliability coordinator, a reliability impact statement for any proposed major Federal rule that the reliability coordinator determines would significantly affect the reliable operation of the bulk-power system within the jurisdiction of the reliability coordinator. ``(3) Multijurisdictional coordination.--If a proposed rule subject to a reliability impact statement under paragraph (1) or (2) affects an area broader than the jurisdiction of a single reliability coordinator, the ERO shall convene a committee of the affected reliability coordinators to produce a single reliability impact statement that demonstrates for each affected area the reliability impact of the proposed rule. ``(4) Requirements.--A reliability impact statement under paragraph (1) or (2) shall include a detailed statement on-- ``(A) the impact of the proposed rule on the reliable operation of the bulk-power system; ``(B) any adverse effects on the reliable operation of the bulk-power system if the proposed rule was implemented; and ``(C) alternatives to cure the identified adverse reliability impacts, including, at the discretion of the reliability coordinator, a no-action alternative. ``(5) Submission to commission.--On completion of a reliability impact statement under paragraph (1) or (2), the reliability coordinator or a committee of affected reliability coordinators convened under paragraph (3) shall submit to the Commission the reliability impact statement. ``(6) Transmittal to head of federal agency.--On receipt of a reliability impact statement submitted to the Commission under paragraph (5), the Commission shall transmit to the head of the applicable Federal agency the reliability impact statement prepared under this subsection for inclusion in the public record. ``(7) Inclusion of detailed response in final rule.--In issuing a proposed major rule subject to a reliability impact statement prepared under paragraph (1) or (2), the head of the Federal agency shall-- ``(A) consider the reliability impact statement in issuing the proposed major rule; and ``(B) include in the final rule a detailed response to the reliability impact statement.''.

Bulk-Power System Reliability Impact Statement Act This bill amends the Federal Power Act to require reliability coordinators registered with the Electric Reliability Organization (ERO) to report to certain congressional committees and the Federal Energy Regulatory Commission (FERC) regarding: the state of and prospects for the reliability and affordability of electricity within their respective geographic areas, and the most significant risks to the reliability of the bulk-power system that might arise or need to be monitored within such geographic areas, including risks from proposed or final federal regulations. FERC must: solicit a reliability impact statement from the affected reliability coordinator within 15 days after a federal agency proposes a major rule that may significantly affect the reliable operation of the bulk-power system, and transmit the coordinator's reliability impact statement to the head of the federal agency for inclusion in the public record. A reliability coordinator may also submit voluntarily a reliability impact statement for any proposed major federal rule that the coordinator determines would significantly affect the reliable operation of the bulk-power system within the coordinator's jurisdiction. If a proposed rule subject to a reliability impact statement affects an area broader than the jurisdiction of a single reliability coordinator, the ERO must convene a committee of the affected reliability coordinators in order to produce a single statement that demonstrates for each affected area the reliability impact of the proposed rule. When issuing a proposed major rule subject to a reliability impact statement, the head of the federal agency must: consider the reliability impact statement in issuing the proposed rule, and include in the final rule a detailed response to the reliability impact statement.

Bulk-Power System Reliability Impact Statement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Major Drug Trafficking Prosecution Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since the enactment of mandatory minimum sentencing for drug users, the Federal Bureau of Prisons budget increased by more than 1,350 percent, from $220,000,000 in 1986 to about $3,019,000,000 in 1997. (2) Mandatory minimums have not reduced sentencing discretion, but rather have transferred discretion from judges to prosecutors. Prosecutors, not judges, have the discretion to reduce a charge, accept or deny a plea bargain, reward or deny a defendant's substantial assistance or cooperation in the prosecution of someone else, and ultimately, to determine the final sentence of the defendant. (3) African Americans comprise 12 percent of the United States population, 15 percent of drug users, 17 percent of cocaine users, but 33 percent of all Federal drug convictions and 57 percent of Federal cocaine convictions. (4) In 1986, before the mandatory minimums for crack cocaine offenses became effective, the average Federal offense for African Americans was 11 percent higher than whites. Following the implementation of mandatory drug sentencing laws, the average drug offense sentence for African Americans was 49 percent higher than whites. (5) The average dealer holds a low-wage job and sells part time to obtain for his or her own use. (6) According to the Justice Department, the time spent in prison does not affect recidivism rates. SEC. 3. APPROVAL OF CERTAIN PROSECUTIONS BY ATTORNEY GENERAL. A Federal prosecution for an offense under the Controlled Substances Act, the Controlled Substances Import and Export Act, or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that amount specified as a minimum for an offense under section 401(b)(1)(A) of the Controlled Substances Act (21 U.S.C. 841(b)(1)(A)) or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams, shall not be commenced without the prior written approval of the Attorney General. SEC. 4. MODIFICATION OF CERTAIN SENTENCING PROVISIONS. (a) Section 404.--Section 404 of the Controlled Substances Act (21 U.S.C. 844) is amended-- (1) by striking ``not less than 15 days but''; (2) by striking ``not less than 90 days but''; (3) by striking ``not less than 5 years and'' and (4) by striking the sentence beginning ``No person sentenced under''. (b) Section 401.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended.-- (1) in paragraph (1)(A)-- (A) by striking ``which may not be less than 10 years and not more than'' and inserting ``for any term or years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years or more than life'' the first place it appears; (C) by striking ``which may not be less than 20 years and not more than life imprisonment'' and inserting ``for any term or years or for life''; (D) by inserting ``imprisonment for any term of years or'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``If any person commits a violation of this subparagraph''; (F) by striking the sentence beginning ``Notwithstanding any other provision of law'' and the sentence beginning ``No person sentenced''; and (2) in paragraph (1)(B)-- (A) by striking ``which may not be less than 5 years and'' and inserting ``for''; (B) by striking ``not less than 20 years or more than'' and inserting ``for any term or years or to''; (C) by striking ``which may not be less than 10 years or more than'' and inserting ``for any term or years or for''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law''. (c) Section 1010.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1)-- (A) by striking ``of not less than 10 years and not more than'' and inserting ``for any term or years or for''; (B) by striking ``and if death'' the first place it appears and all that follows through ``20 years and not more than life'' the first place it appears; (C) by striking ``of not less than 20 years and not more than life imprisonment'' and inserting ``for any term or years or for life''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law''; and (2) in paragraph (2)-- (A) by striking ``not less than 5 years and''; (B) by striking ``not less than twenty years and not more than'' and inserting ``for any term or years or for''; (C) by striking ``of not less than 10 years and not more than'' and inserting ``for any term or years or to''; (D) by inserting ``imprisonment for any term of years or to'' after ``if death or serious bodily injury results from the use of such substance shall be sentenced to''; (E) by striking the sentence beginning ``Notwithstanding any other provision of law''. (d) Section 859.--Section 859 of the Controlled Substances Act (21 U.S.C. 418) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (e) Section 860.--Section 860 of the Controlled Substances Act (21 U.S.C. 419) is amended by striking the sentence beginning ``Except to the extent'' each place it appears and by striking the sentence beginning ``The mandatory minimum''. (f) Section 861.--Section 861 of the Controlled Substances Act (21 U.S.C. 420) is amended by striking subsection (e)''.

Major Drug Trafficking Prosecution Act of 1999 - Requires the Attorney General's prior written approval for a Federal prosecution under the Controlled Substances Act (CSA), Controlled Substances Import and Export Act (CSIEA), or for any conspiracy to commit such an offense, where the offense involves the illegal distribution or possession of a controlled substance in an amount less than that specified as a minimum for an offense under the CSA or, in the case of any substance containing cocaine or cocaine base, in an amount less than 500 grams. Modifies the CSA and CSIEA to delete specified mandatory minimum terms of imprisonment.

Major Drug Trafficking Prosecution Act of 1999

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Redevelopment Enhancement Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) grants under the Brownfields Economic Development Initiative of the Department of Housing and Urban Development provide local governments with a flexible source of funding to pursue brownfields redevelopment through land acquisition, site preparation, economic development, and other activities; (2) to be eligible for such grant funds, a community must be willing to pledge community development block grant funds as partial collateral for a loan guarantee under section 108 of the Housing and Community Development Act of 1974, and this requirement is a barrier to many local communities that are unable or unwilling to pledge such block grant funds as collateral; and (3) by providing grants for the economic development of brownfield sites independent from section 108 loan guarantees and the related pledge of community development block grant funds, more communities will have access to funding for redevelopment of brownfield sites. (b) Purpose.--The purpose of this Act is to provide units of general local government and Indian tribes with increased accessibility to brownfields redevelopment funds by permitting the Secretary of Housing and Urban Development to make grants for brownfields development independent from section 108 loan guarantees. SEC. 3. BROWNFIELDS DEVELOPMENT INITIATIVE. Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end the following new section: ``SEC. 123. BROWNFIELDS DEVELOPMENT INITIATIVE. ``(a) In General.--The Secretary may make grants under this section, on a competitive basis as specified in section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545), only to eligible public entities (as such term is defined in section 108(o) of this title) and Indian tribes for carrying out projects and activities to assist the development and redevelopment of brownfield sites, which shall include mine-scarred lands. ``(b) Use of Grant Amounts.--Amounts from grants under this section-- ``(1) shall be used, as provided in subsection (a) of this section, only for activities specified in section 105(a) in connection with a brownfield site; ``(2) shall be subject to the same requirements that, under section 101(c) and paragraphs (2) and (3) of section 104(b), apply to grants under section 106; and ``(3) shall not be provided or used in a manner that reduces the financial responsibility of any nongovernmental party that is responsible or potentially responsible for contamination on any real property and the provision of assistance pursuant to this section shall not in any way relieve any party of liability with respect to such contamination, including liability for removal and remediation costs. ``(c) Availability of Assistance.--The Secretary shall not require, for eligibility for a grant under this section, that such grant amounts be used only in connection or conjunction with projects and activities assisted with a loan guaranteed under section 108. ``(d) Applications.--Applications for assistance under this subsection shall be in the form and in accordance with the procedures established by the Secretary. ``(e) Selection Criteria.-- ``(1) In general.--The Secretary shall establish criteria for awarding assistance under this subsection. ``(2) Criteria.--The criteria established under paragraph (1) shall include-- ``(A) the extent of need for such assistance; ``(B) the level of distress in the community to be served and in the jurisdiction applying for assistance; ``(C) the quality of the plan proposed and the capacity or potential capacity of the applicant to successfully carry out the plan; and ``(D) such other factors as the Secretary determines to be appropriate. ``(f) Definition of Brownfield Site.--For purposes of this section, the term `brownfield site'-- ``(1) has the meaning given such term in section 101(39) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)); and ``(2) includes a site that meets the requirements under subparagraph (D) of such section for inclusion as a brownfield site for purposes of section 104(k) of such Act (42 U.S.C. 9604(k)). ``(g) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section $50,000,000, for each of fiscal years 2007, 2008, 2009, 2010, and 2011.''. SEC. 4. TECHNICAL AMENDMENT TO ALLOW USE OF CDBG FUNDS TO ADMINISTER RENEWAL COMMUNITIES. Section 105(a)(13) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(13)) is amended by inserting ``and renewal communities'' after ``enterprise zones''. SEC. 5. APPLICABILITY. The amendments made by this Act shall apply only with respect to amounts made available for fiscal year 2007 and fiscal years thereafter for use under the provisions of law amended by this Act.

Brownfields Redevelopment Enhancement Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make competitive grants only to eligible public entities and Indian tribes for carrying out projects and activities to assist the development and redevelopment of brownfield sites, including mine-scarred lands.

A bill to facilitate the provision of assistance by the Department of Housing and Urban Development for the cleanup and economic redevelopment of brownfields.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Peace Corps Volunteer Service Improvement Act of 2011''. SEC. 2. CONFIDENTIALITY OF REPORTS OF RAPE OR SEXUAL ASSAULT. (a) In General.--The Director of the Peace Corps shall establish and maintain policies and procedures that clearly establish a process for volunteers to make confidential reports of rape or sexual assault. (b) Penalty.--Any Peace Corps volunteer or staff member who is responsible for maintaining confidentiality under subsection (a) and who breaches such duty shall be subject to disciplinary action, including termination, and in the case of a staff member, ineligibility for re-employment with the Peace Corps. (c) Inclusion.--In this Act, Peace Corps volunteers includes trainees and Peace Corps staff members include any employee, contractor, expert, consultant, or Foreign Service national employed or contracted by the Peace Corps, whether in the United States or in a foreign country. SEC. 3. SAFETY AND SECURITY AGREEMENT REGARDING PEACE CORPS VOLUNTEERS SERVING IN FOREIGN COUNTRIES. (a) In General.--Not later than six months after the date of the enactment of this Act, the Director of the Peace Corps shall consult with the Assistant Secretary of State for Diplomatic Security and enter into a memorandum of understanding that specifies the duties and obligations of the Peace Corps and the Bureau of Diplomatic Security of the Department of State with respect to the protection of Peace Corps volunteers and staff members serving in foreign countries, including with respect to investigations of safety and security incidents and crimes committed against such volunteers and staff members. (b) Inspector General Review.-- (1) Review.--The Inspector General of the Peace Corps shall review the memorandum of understanding described in subsection (a) and be afforded the opportunity to recommend changes that advance the safety and security of Peace Corps volunteers before its entry into force. (2) Report.--The Director of the Peace Corps shall consider the recommendations of the Inspector General of the Peace Corps regarding the memorandum of understanding described in subsection (a). If the Director enters into such memorandum without implementing a recommendation of the Inspector General, the Director shall submit to the Inspector General a written explanation relating thereto. (3) Failure to meet deadline.-- (A) Requirement to submit report.--If, by the date that is 6 months after the date of the enactment of this section, the Director of the Peace Corps is unable to obtain agreement with the Assistant Secretary of State for Diplomatic Security and certification by the Inspector General of the Peace Corps, the Director shall submit to the committees of Congress specified in subparagraph (C) a report explaining the reasons for such failure. (B) Limitation on funds.--If, by the date that is 9 months after the date of the enactment of this section, the memorandum of understanding described in subsection (a) has not entered into force, no funds available to the Peace Corps may be obligated or expended to extend to Peace Corps volunteers invitations for service or to deploy Peace Corps trainees overseas unless the Director of the Peace Corps certifies to the committees of Congress specified in subparagraph (C) that-- (i) significant progress is being made toward finalizing such memorandum; and (ii) the Peace Corps is using best efforts to provide volunteers with the training, support, and information they need to stay safe and secure. (C) Committees of congress specified.--The committees of Congress specified in this subparagraph are the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. SEC. 4. INDEPENDENCE OF THE INSPECTOR GENERAL OF THE PEACE CORPS. The limitations specified in section 7(a)(2)(A) of the Peace Corps Act (22 U.S.C. 2506(a)(2)(A)) on the length of appointment or assignment under section 7(a)(2) of such Act, section 7(a)(2)(B) of such Act on reappointment or reassignment of an individual whose appointment or assignment under section 7(a)(2) of such Act has been terminated, and section 7(a)(5) of such Act on the circumstances under which an appointment or assignment under section 7(a)(2) of such Act may exceed five years shall not apply to-- (1) the Inspector General of the Peace Corps; and (2) officers and employees of the Office of the Inspector General of the Peace Corps. SEC. 5. SAFETY AND SECURITY REPORTS. (a) In General.--The Director of the Peace Corps shall annually submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the safety of Peace Corps volunteers. Each such report shall at a minimum include the following information: (1) The incidence of crimes, together with the number of arrests, prosecutions, and incarcerations for every country in which volunteers serve for the preceding year. (2) A three year trend analysis of the types and frequency of crimes committed against volunteers for every country in which the Peace Corps has operated for at least the three preceding years. (b) Inspector General Audit.--Not later than two years after the date of the enactment of this section and at least once every five years thereafter (or more frequently as appropriate), the Inspector General of the Peace Corps shall perform an audit of Peace Corps implementation of safety and security protocols, including the status of any Inspector General findings and recommendations from previous audits that have not been adequately remediated or implemented. SEC. 6. PORTFOLIO REVIEWS. (a) In General.--The Director of the Peace Corps shall, at least once every three years (or more frequently as appropriate), perform a review to evaluate the allocation and delivery of resources across the countries the Peace Corps serves or is considering for service. Such portfolio reviews shall at a minimum include the following with respect to each such country: (1) An evaluation of the country's commitment to the Peace Corps program. (2) An analysis of the safety and security of volunteers. (3) An evaluation of the country's need for assistance. (4) An analysis of country program costs. (5) An evaluation of the effectiveness of management of each post within a country. (6) An evaluation of the country's congruence with the Peace Corps' mission and strategic priorities. (b) Report.--The Director of the Peace Corps shall prepare a report on each portfolio review required under subsection (a). Each such report shall discuss performance measures and sources of data used (such as project status reports, volunteer surveys, impact studies, reports of Inspector General of the Peace Corps, and any relevant external sources) in making such review's findings and conclusions. The Director shall make each such report available upon request to the Chairman and Ranking Member of the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate in a manner consistent with the protection of classified information if determined necessary to protect sensitive information.

Peace Corps Volunteer Service Improvement Act of 2011 - Requires the Director of the Peace Corps to establish a process for volunteers to make confidential reports of rape or sexual assault. Subjects any Peace Corps volunteer or member who breaches a duty of confidentiality regarding such a report to disciplinary action, including termination. Requires the Director to enter into with the Assistant Secretary of State for Diplomatic Security, and requires the Inspector of the Peace Corps to review, a memorandum of understanding that specifies the duties and obligations of the Peace Corps and the Department of State's Bureau of Diplomatic Security regarding the protection of Peace Corps volunteers and staff members serving in foreign countries. Prohibits the obligation or expenditure of Peace Corps funds for volunteers' invitations for service or to deploy trainees overseas if such agreement has not entered into force within nine months after enactment of this Act, unless the Director certifies that: (1) significant progress is being made toward finalizing such memorandum, and (2) the Peace Corps is using best efforts to provide volunteers with the training, support, and information they need to stay safe. Exempts such Inspector General and officers and employees of the Inspector General's Office from certain length of appointment, reappointment, and reassignment limitations applicable to the Foreign Service. Requires the Director to: (1) annually submit a report on the safety of Peace Corps volunteers; and (2) perform, at least once every three years, a review to evaluate the allocation and delivery of resources across the countries the Peace Corps serves. Requires the Inspector General to perform an audit every five years of Peace Corps implementation of safety and security protocols.

To establish policies and procedures in the Peace Corps to provide for the safety and security of volunteers from rape and sexual assault, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Diversity in Science Technology and Nurturing Capable Educators Act'' or the ``DISTANCE Act''. SEC. 2. TEACHER RECRUITING. (a) Purpose.--It is the purpose of this section to encourage individuals educated in science, technology, engineering, and mathematics to enter and continue in the teaching profession, with the goal of attracting 10,000 of America's brightest students to the teaching profession over the next 5 years. (b) Scholarships.--Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended-- (1) by redesignating part C as part E; (2) by redesignating section 261 as section 281; and (3) by inserting after part B the following new part: ``PART C--STEM TEACHER SCHOLARSHIPS ``SEC. 261. PROGRAM ESTABLISHED. ``The Secretary shall award scholarships, on a competitive basis and in accordance with this part, to students who are enrolled in studies leading to bachelor's degrees, with concurrent certification as kindergarten, elementary, and secondary school teachers, in science, technology, engineering, and mathematics, and who have agreed to perform qualified service. ``SEC. 262. SELECTION OF RECIPIENTS. ``(a) Selection Criteria.--The Secretary shall develop selection criteria that the Secretary will use to award scholarships, and to renew those awards, based on established measurements of merit available to secondary students who wish to pursue degrees in science, technology, engineering, and mathematics. ``(b) Applications.--Any student desiring to receive a scholarship under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(c) Duration of Scholarships; Renewal.--Scholarships shall be awarded for only one academic year of study at a time, and shall be renewable on an annual basis for the established length of the recipient's academic program, not to exceed 6 academic years. The Secretary shall condition the renewal of scholarships on measures of academic progress and achievement. ``SEC. 263. QUALIFIED SERVICE REQUIREMENT. ``(a) Qualified Service Agreement.--Any student who receives a scholarship under this part shall enter into an agreement with the Secretary to complete no less than 5 academic years of qualified service during a 7-year period, to begin no later than 12 months following the completion of a bachelor's degree in science, technology, engineering, or mathematics. ``(b) Requirement Enforced.--The Secretary shall establish such requirements as the Secretary finds necessary to ensure that recipients of scholarships under this subsection who complete bachelor's degrees in science, technology, engineering, and mathematics, with teacher certification, subsequently perform 5 academic years of qualified service during a 7-year period, or repay the portion of the scholarship received for which the recipient did not perform the required qualified service, as determined by the Secretary. The Secretary shall use any such repayments to carry out additional activities under this part. ``(c) Definition.--For the purpose of this section, the term `qualified service' means full-time employment at a public or private kindergarten, elementary school, or secondary school as a teacher of a course in a science, technology, engineering, or mathematics field. ``SEC. 264. AWARDS. ``(a) Scholarship Award.--The Secretary shall provide each recipient with a scholarship in the amount of up to $20,000 to pay for the cost of attendance of the student for each academic year the student is eligible to receive the scholarship. The Secretary shall transfer such funds to the institution of higher education at which the recipient is enrolled. ``(b) Bonus Award.-- ``(1) Option for bonus award.--Any student who receives a scholarship under this part may elect to enter into a bonus agreement with the Secretary, in accordance with this subsection, for any academic year during which the student receives a scholarship under this part. ``(2) Bonus agreement.--A bonus agreement under paragraph (1) shall provide that-- ``(A) the student shall perform one academic year of the qualified service agreed to under section 263(a) in a high-need local educational agency, as defined in section 200; and ``(B) the Secretary shall provide $10,000, in addition to the amount the student receives under subsection (a), for each academic year in which the student enters into such bonus agreement. ``(3) Service requirement enforced.--The Secretary shall establish such requirements as the Secretary finds necessary to ensure that recipients of bonuses under this subsection fulfill the qualified service requirement in a high-need local educational agency, as defined in section 200, for a period of time equivalent to the period for which the recipient receives the bonus, or repays the portion of the bonus received for which the recipient did not perform the required qualified service in a high-need local educational agency, as determined by the Secretary. The Secretary shall use any such repayments to carry out additional activities under this subsection. ``(c) Maximum Award.--The maximum award any student may receive under this section for an academic year shall be the student's cost of attendance minus any grant aid such student receives from sources other than this section. ``SEC. 265. REGULATIONS. ``The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this part.''. (c) Institutional Grants for Integrated Degree Programs.--Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is further amended by inserting after part C, as added by subsection (b) of this section, the following new part: ``PART D--INTEGRATED DEGREE PROGRAMS ``SEC. 271. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to award grants to institutions of higher education, on a competitive basis, in order to pay for the Federal share of the cost of projects to establish, strengthen, and operate 4-year undergraduate degree programs through which students may concurrently-- ``(1) earn a bachelor's degree in science, technology, engineering, or mathematics; and ``(2) be certified to teach kindergarten, elementary, or secondary school. ``(b) Grant Amount; Award Period.--The Secretary may award grants to no more than 50 institutions of higher education each fiscal year, and a grant to an institution for a fiscal year shall not exceed $1,000,000. Grants shall be awarded for only one fiscal year at a time, and shall be renewable on an annual basis for up to 5 years. ``SEC. 272. SELECTION OF GRANT RECIPIENTS. ``(a) Criteria.--The Secretary shall set criteria to evaluate the applications for grants under this part and the projects proposed to establish, strengthen, and operate 4-year integrated undergraduate degree programs. ``(b) Equitable Distribution of Grants.--To the extent practicable and consistent with the criteria under subsection (a), the Secretary shall make grants under this part in such manner as to achieve an equitable distribution of the grant funds throughout the United States, considering geographic distribution, rural and urban areas, and range and type of institutions. ``SEC. 273. APPLICATION REQUIREMENTS. ``In order to receive a grant under this part, an institution of higher education shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include the following: ``(1) A description of the proposed project. ``(2) A demonstration of-- ``(A) the commitment, including the financial commitment, of the institution for the proposed project; and ``(B) the active support of the leadership of the institution for the proposed project. ``(3) A description of how the proposed project will be continued after Federal funds are no longer awarded under this part for the project. ``(4) A plan for the evaluation of the project, which shall include benchmarks to monitor progress toward specific project objectives. ``SEC. 274. MATCHING REQUIREMENT. ``Each institution of higher education receiving a grant under this part shall provide, from non-Federal sources, an amount equal to the amount of the grant (in cash or in-kind) to carry out the project supported by the grant. ``SEC. 275. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $50,000,000 for each of the fiscal years 2016 through 2021.''.

Diversity in Science Technology and Nurturing Capable Educators Act or the DISTANCE Act This bill amends the Elementary and Secondary Education Act of 1965 to direct the Department of Education (ED) to award competitive merit-based scholarships to students who are pursuing bachelor's degrees in science, technology, engineering, and mathematics (STEM) with concurrent certification as kindergarten, elementary, and secondary school teachers. It requires scholarship recipients to work for at least five academic years as a full-time STEM teacher at a public or private kindergarten or elementary or secondary school during the seven-year period beginning within one year after they complete their studies. It awards scholarships for one academic year of study at a time, but makes them renewable on an annual basis if their recipients meet certain measures of academic progress. Scholarship recipients may enter into agreements with ED that provide them with a bonus in exchange for performing their service in a high-need local educational agency for a period equivalent to the period for which they receive the bonus. This bill amends the Higher Education Act of 1965 to authorize ED to award competitive matching grants to up to 50 institutions of higher education to establish, strengthen, and operate four-year undergraduate degree programs that enable students to concurrently: (1) earn a STEM bachelor's degree; and (2) be certified to teach kindergarten, elementary, or secondary school. It awards those grants one fiscal year at a time, but makes them renewable on an annual basis for up to five years.

DISTANCE Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Discoveries and American Jobs Commission Act of 2011'' or the ``Herb Vederman Commission on American Discoveries and American Jobs Act of 2011''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on American Discoveries and American Jobs'' (in this Act referred to as the ``Commission''). SEC. 3. FINDINGS. Congress finds the following: (1) The Federal Government is estimated to have spent $147,400,000,000 in fiscal year 2010 on research and development (not including funds allocated under the American Recovery and Reinvestment Act (Public Law 111-5)) to meet the mission requirements of the Federal departments and agencies. (2) Federal Government research and development has led to new products and processes for the commercial marketplace, including antibiotics, plastics, airplanes, computers, microwaves, and bioengineered drugs. (3) There are many other technologies and techniques generated in the Federal laboratory system that could have market value if further developed by the industrial community, and the knowledge base created by the research and development activities of such system can serve as a foundation for additional commercially relevant efforts in the private sector. (4) Technological progress is responsible for up to half the growth of the United States economy and is the principal driving force behind long-term economic growth and increases in our standard of living. (5) It is only through commercialization, a function of the business sector, that a significant stimulus to economic growth occurs. Thus, there is congressional interest in accelerating development and commercialization activities in the private sector through legislation. (6) Royalties derived from intellectual property rights provide the academic community a way to support further research and the business sector a means to obtain a return on their financial contributions to such research. SEC. 4. DUTIES OF COMMISSION. (a) Study.--The Commission shall conduct a study to examine-- (1) the state of technology transfer from federally funded research to the private sector; (2) the possibilities for the Federal Government to collect royalties from early research that leads to the commercialization of a profitable product or technology; (3) the potential adverse consequences of such royalties on technology transfer, commercialization, and economic growth; and (4) the potential benefits of reinvesting revenues from Federal royalties into science, technology, engineering, and math education, and seeding future federally funded research; (b) Report.--Not later than one year after the first meeting of the Commission, the Commission shall submit to Congress a written report of the results of the study conducted under subsection (a) and recommendations of regulatory and statutory changes that would enable the Federal Government to-- (1) claim royalties from the investment of the Federal Government in early research; (2) reinvest such royalties in science, technology, engineering, and math education and future Federal research; (3) ensure products resulting from Federal research are manufactured in the United States; and (4) affix a symbol, marker, or insignia on commercialized products to show that they had originated from federally supported research. SEC. 5. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.--The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under section 5332 of such title. SEC. 6. MEMBERSHIP. (a) Number and Appointment.-- (1) Appointment.--The Commission shall be composed of nine members appointed, not later than 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Two members shall be appointed by the Speaker of the House of Representatives. (C) One member shall be appointed by the minority leader of the House of Representatives. (D) Two members shall be appointed by the President pro tempore of the Senate. (E) One member shall be appointed by the minority leader of the Senate. (2) Qualifications.--All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, or experience, particularly in the fields of scientific research and commercialization. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (d) Compensation.--Members of the Commission shall be awarded compensation as follows: (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at a rate equal to the daily equivalent of the annual rate of basic pay for grade GS-15 of the General Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (3) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (e) Quorum.--Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (f) Chair; Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. The term of office of the Chair and Vice Chair shall be for the life of the Commission. (g) Meetings.--The Commission shall meet at the call of the President not later than 120 days after the date of the enactment of this Act or not later than 30 days after the date on which legislation is enacted making appropriations available to carry out this Act, whichever date is later. SEC. 7. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence relating to any matter under investigation by the Commission. The Commission may refer requests for testimony or evidence that are not fulfilled to the Committee on Oversight and Government Reform of the House of Representatives or the Committee on Homeland Security and Governmental Affairs of the Senate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chair or Vice Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Administrative Support Services.--The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chair of the Commission and the Administrator. (e) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for supplies, services, and property. SEC. 8. TERMINATION. The Commission shall terminate on the date that is 90 days after the date on which the Commission submits the report required under section 4(b). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $2,500,000 to carry out this Act.

American Discoveries and American Jobs Commission Act of 2011 or Herb Vederman Commission on American Discoveries and American Jobs Act of 2011 - Establishes the Commission on American Discoveries and American Jobs to study: (1) the state of technology transfer from federally funded research to the private sector; (2) the possibilities for the federal government to collect royalties from early research that leads to the commercialization of a profitable product or technology; (3) the potential adverse consequences of such royalties on technology transfer, commercialization, and economic growth; and (4) the potential benefits of reinvesting revenues from federal royalties into science, technology, engineering, and math (STEM) education and seeding future federally funded research. Requires submission to Congress of recommendations of specified regulatory and statutory changes.

To establish the Commission on American Discoveries and American Jobs to study and recommend improvements to the federal funding of research.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Customer Service Enhancement Act''. SEC. 2. DEVELOPMENT OF PERFORMANCE MEASURES AND STANDARDS FOR CUSTOMER SERVICE PROVIDED BY FEDERAL AGENCIES. (a) Requirement.-- (1) Performance measures and standards.--The Director of the Office of Management and Budget shall develop-- (A) performance measures to determine whether Federal agencies are providing high-quality customer service; and (B) standards to be met by Federal agencies in order to provide high-quality customer service. (2) Requirement to take into account certain information.-- The standards under paragraph (1) shall be developed after taking into account the information collected by Federal agencies under subsection (b). (b) Customer Service Input.--The head of each Federal agency shall collect information from its customers regarding the quality of customer services provided by the agency. The information shall be collected through a survey, focus groups, or other appropriate methods. Each Federal agency shall include this information in its performance report submitted under section 1116 of title 31, United States Code. (c) Annual Report.--The Director of the Office of Management and Budget shall issue an annual report on the success of Federal agencies in meeting the customer service performance measures and standards developed under subsection (a). SEC. 3. IMPLEMENTATION OF CUSTOMER SERVICE STANDARDS. (a) Customer Relations Representative.--The head of each Federal agency shall designate an employee to be the customer relations representative of the agency. Such representative shall be responsible for implementing the customer service standards developed under section 2 and the agency requirements under subsection (b). (b) Agency Requirements.-- (1) Guidelines and contact information.-- (A) In general.--The head of each Federal agency, acting through its customer relations representative, shall-- (i) issue guidelines to implement the customer service standards developed under section 2 within the agency, including specific principles of customer service applicable to that agency; and (ii) publish customer service contact information, including a mailing address, telephone number, and e-mail address. (B) Availability.--The guidelines and the customer service contact information required under this paragraph shall be available on the agency's public website. (2) Stationery requirements.--Each Federal agency shall include its address and phone number on any agency stationery. In the case of correspondence originating from a regional or local office of a Federal agency, the agency shall include the address and phone number of the regional or local office on the stationery. SEC. 4. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. (a) Report Required.--Not later than two years after the date of the enactment of this Act, the Comptroller General shall submit 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 a report analyzing the information reported by agencies under section 2(b). (b) Matters Covered.--The report shall include-- (1) whether agencies are implementing the customer service standards; (2) whether there is an increase in overall quality in customer service in the Federal Government; and (3) any recommendations the Comptroller General may have to improve performance measures and standards for customer service in the Federal Government. (c) Use of Report.--The report may be used by Congress as well as the Director of Office of Management and Budget to update performance measures for customer service. SEC. 5. INCENTIVES FOR CUSTOMER SERVICE. (a) Award Program.--The head of a Federal agency may establish an awards program to pay a cash award under chapter 45 of title 5, United States Code, to employees for demonstrated excellence in customer service. (b) Performance Appraisal.--Compliance with customer service standards developed under this Act shall, to the extent practicable, be an element of a performance appraisal system referred to in section 5307(d) of title 5, United States Code. SEC. 6. DEFINITIONS. In this Act: (1) The term ``customer'', with respect to a Federal agency, means any individual or entity, including a business, State or local government, other Federal agency, or Congress, to which the agency provides services or information. (2) The term ``Federal agency'' has the meaning given the term ``Executive agency'' by section 105 of title 5, United States Code, except that the term does not include an agency if the President determines that this Act should not apply to the agency for national security reasons.

Federal Customer Service Enhancement Act - Requires the Director of the Office of Management and Budget (OMB) to develop: (1) performance measures to determine whether federal agencies are providing high quality customer service; and (2) standards to be met by federal agencies to provide high quality customer service. Requires the head of each agency to: (1) collect information from its customers regarding the quality of its of customer services; and (2) include this information in its performance report to the President and Congress. Requires the Director to report annually on the success of federal agencies in meeting the customer service performance measures and standards. Requires the head of each agency to designate an employee as its customer relations representative to be responsible for implementing customer service standards. Directs the Comptroller General to submit to the House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs a report analyzing the information reported by agencies on the quality of customer service. Requires such report to include: (1) whether agencies are implementing the customer service standards; (2) whether there is an increase in overall quality in customer service; and (3) any recommendations the Comptroller General may have to improve performance measures and standards for customer service. Authorizes the report to be used by Congress and the Director to update performance measures for customer service. Authorizes the head of a federal agency to establish an awards program to pay a cash award to employees for demonstrated excellence in customer service.

To require the establishment of customer service standards for Federal agencies.

SECTION 1. PURPOSE. The purpose of this Act is to repeal the 4.3-cent increase in the transportation motor fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act of 1993 and dedicated to the general fund of the Treasury. SEC. 2. REPEAL OF 4.3-CENT INCREASE IN FUEL TAX RATES ENACTED BY THE OMNIBUS BUDGET RECONCILIATION ACT OF 1993 AND DEDICATED TO GENERAL FUND OF THE TREASURY. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline and diesel fuel) is amended by adding at the end the following new subsection: ``(f) Repeal of 4.3-Cent Increase in Fuel Tax Rates Enacted by the Omnibus Budget Reconciliation Act of 1993 and Dedicated to General Fund of the Treasury.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced by 4.3 cents per gallon. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) subsection (a)(2)(A) (relating to gasoline and diesel fuel), ``(B) sections 4091(b)(3)(A) and 4092(b)(2) (relating to aviation fuel), ``(C) section 4042(b)(2)(C) (relating to fuel used on inland waterways), ``(D) paragraph (1) or (2) of section 4041(a) (relating to diesel fuel and special fuels), ``(E) section 4041(c)(2) (relating to gasoline used in noncommercial aviation), and ``(F) section 4041(m)(1)(A)(i) (relating to certain methanol or ethanol fuels). ``(3) Comparable treatment for compressed natural gas.--No tax shall be imposed by section 4041(a)(3) on any sale or use during the applicable period. ``(4) Comparable treatment under certain refund rules.--In the case of fuel on which tax is imposed during the applicable period, each of the rates specified in sections 6421(f)(2)(B), 6421(f)(3)(B)(ii), 6427(b)(2)(A), 6427(l)(3)(B)(ii), and 6427(l)(4)(B) shall be reduced by 4.3 cents per gallon. ``(5) Coordination with highway trust fund deposits.--In the case of fuel on which tax is imposed during the applicable period, each of the rates specified in subparagraphs (A)(i) and (C)(i) of section 9503(f)(3) shall be reduced by 4.3 cents per gallon. ``(6) Applicable period.--For purposes of this subsection, the term `applicable period' means the period after the 6th day after the date of the enactment of this subsection and before January 1, 1997.'' (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax repeal date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on such date. (b) Time For Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax repeal date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax repeal date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax repeal date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax repeal date'' means the 7th day after the date of the enactment of this Act. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid on which tax was imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 before January 1, 1997, and which is held on such date by any person, there is hereby imposed a floor stocks tax of 4.3 cents per gallon. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on January 1, 1997, to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before June 30, 1997. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Gasoline and diesel fuel.--The terms ``gasoline'' and ``diesel fuel'' have the respective meanings given such terms by section 4083 of such Code. (3) Aviation fuel.--The term ``aviation fuel'' has the meaning given such term by section 4093 of such Code. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or his delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to gasoline, diesel fuel, or aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on gasoline or diesel fuel held in the tank of a motor vehicle or motorboat. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline held on January 1, 1997, by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel or aviation fuel held on such date by any person if the aggregate amount of diesel fuel or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code in the case of gasoline and diesel fuel and section 4091 of such Code in the case of aviation fuel shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081 or 4091. SEC. 5. BENEFITS OF TAX REPEAL SHOULD BE PASSED ON TO CONSUMERS. (a) Passthrough to Consumers.-- (1) Sense of Congress.--It is the sense of Congress that-- (A) consumers immediately receive the benefit of the repeal of the 4.3-cent increase in the transportation motor fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act of 1993, and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect the repeal of such tax increase, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of this Act. (2) Study.-- (A) In general.--The Comptroller General of the United States shall conduct a study of the repeal of the 4.3-cent increase in the fuel tax imposed by the Omnibus Budget Reconciliation of 1993 to determine whether there has been a passthrough of such repeal. (B) Report.--Not later than January 31, 1997, the Comptroller General of the United States shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study conducted under subparagraph (A). SEC. ____. AUTHORIZATION OF APPROPRIATIONS FOR EXPENSES OF ADMINISTRATION OF THE DEPARTMENT OF ENERGY. Section 660 of the Department of Energy Organization Act (42 U.S.C. 7270) is amended-- (1) by inserting ``(a) In General.--'' before ``Appropriations''; and (2) by adding at the end the following: ``(b) Fiscal Years 1997 Through 2002.--There are authorized to be appropriated for salaries and expenses of the Department of Energy for departmental administration and other activities in carrying out the purposes of this Act-- ``(1) $104,000,000 for fiscal year 1997; ``(2) $104,000,000 for fiscal year 1998; ``(3) $100,000,000 for fiscal year 1999; ``(4) $90,000,000 for fiscal year 2000; ``(5) $90,000,000 for fiscal year 2001; and ``(6) $90,000,000 for fiscal year 2002.''. SEC. ____. SPECTRUM AUCTIONS. (a) Commission Obligation To Make Additional Spectrum Available by Auction.-- (1) In general.--The Federal Communications Commission shall complete all actions necessary to permit the assignment, by March 31, 1998, by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) of licenses for the use of bands of frequencies that-- (A) individually span not less than 12.5 megahertz, unless a combination of smaller bands can, notwithstanding the provisions of paragraph (7) of such section, reasonably be expected to produce greater receipts; (B) in the aggregate span not less than 25 megahertz; (C) are located below 3 gigahertz; and (D) have not, as of the date of enactment of this Act-- (i) been assigned or designated by Commission regulation for assignment pursuant to such section; (ii) been identified by the Secretary of Commerce pursuant to section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); or (iii) reserved for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305). (2) Criteria for reassignment.--In making available bands of frequencies for competitive bidding pursuant to paragraph (1), the Commission shall-- (A) seek to promote the most efficient use of the spectrum; (B) take into account the cost to incumbent licensees of relocating existing uses to other bands of frequencies or other means of communication; (C) take into account the needs of public safety radio services; (D) comply with the requirements of international agreements concerning spectrum allocations; and (E) take into account the costs to satellite service providers that could result from multiple auctions of like spectrum internationally for global satellite systems. (b) Federal Communications Commission May Not Treat This Section As Congressional Action for Certain Purposes.--The Federal Communication Commission may not treat the enactment of this Act or the inclusion of this section in this Act as an expression of the intent of Congress with respect to the award of initial licenses of construction permits for Advanced Television Services, as described by the Commission in its letter of February 1, 1996, to the Chairman of the Senate Committee on Commerce, Science, and Transportation.

Amends the Internal Revenue Code to reduce by 4.3 cents per gallon the tax on gasoline, diesel and aviation fuel, fuel used by commercial waterway transportation vessels, special motor fuels, and methanol or ethanol fuels. Makes the reduction effective from seven days after enactment of this Act until January 1, 1997. Provides for the treatment of floor stocks. Expresses the sense of the Congress that consumers immediately receive the benefits. Requires the Comptroller General to study and report to specified congressional committees on whether there has been a passthrough to consumers. Amends the Department of Energy Organization Act to authorize appropriations to carry out the Act. Requires the Federal Communications Commission (FCC) to complete actions necessary to permit the competitive bidding of licenses for the use of described frequency bands. Prohibits the FCC from treating enactment of this Act as an expression of the intent of the Congress regarding the award of initial licenses of construction permits for Advanced Television Services.

A bill to amend the Internal Revenue Code of 1986 to repeal the 4.3-cent increase in the transportation motor fuels excise tax rates enacted by the Omnibus Budget Reconciliation Act of 1993 and dedicated to the general fund of the Treasury.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Travel, Tourism, and Jobs Preservation Act''. TITLE I--PERMANENT PROGRAM AUTHORIZATION SEC. 101. ELIMINATION OF PILOT PROGRAM STATUS. (a) In General.--Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended-- (1) in the section heading, by striking ``pilot''; (2) in subsection (a)-- (A) in the subsection heading, by striking ``Pilot''; (B) in the matter preceding paragraph (1), by striking ``pilot'' both places it appears; (C) in paragraph (1), by striking ``pilot program (as defined in subsection (e))'' and inserting ``program''; (3) in subsection (b), in the matter preceding paragraph (1), by striking ``pilot''; (4) in subsection (c)-- (A) in the subsection heading, by striking ``Pilot''; (B) in paragraph (1), by striking ``pilot''; (C) in paragraph (2)-- (i) by striking ``subsection (g)'' and inserting ``subsection (f)''; and (ii) by striking ``pilot''; (D) in paragraph (3)-- (i) in the matter preceding subparagraph (A), by striking ``(within the pilot program period)''; (ii) in subparagraph (A), in the matter preceding clause (i), by striking ``pilot'' both places it appears; (iii) in subparagraph (B), by striking ``pilot''; (5) in subsection (e)-- (A) in the matter preceding subparagraph (A), by striking ``pilot''; (B) in subparagraph (B), by striking ``pilot''; (6) by striking subsection (f) and redesignating subsection (g) as subsection (f); and (7) in subsection (f) (as so redesignated)-- (A) in paragraph (1)(A), by striking ``pilot''; (B) in paragraph (1)(C), by striking ``pilot''; (C) in paragraph (2)(A), by striking ``pilot'' both places it appears; (D) in paragraph (3), by striking ``pilot''; and (E) in paragraph (4)(A), by striking ``pilot''. (b) Conforming Amendment.--Clause (iv) of section 212(a)(7)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(7)(B)(iv)) is amended-- (1) in the clause heading, by striking ``pilot''; and (2) by striking ``pilot''. TITLE II--PROGRAM IMPROVEMENTS SEC. 201. EXTENSION OF RECIPROCAL PRIVILEGES. Section 217(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(2)(A)) is amended by inserting ``, either on its own or in conjunction with one or more other countries that are designated under subparagraph (B) and that have established with the country a common area for immigration admissions,'' after ``to extend)''. SEC. 202. MACHINE READABLE PASSPORT PROGRAM. (a) Requirement of Alien.-- (1) Machine readable passport.--Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 1187(a)) is amended-- (A) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and (B) by inserting after paragraph (2) the following: ``(3) Machine readable passport.--The alien at the time of application for admission is in possession of a valid unexpired machine-readable passport that satisfies the internationally accepted standard for machine readability.''. (2) Effective date.--The amendment made by paragraph (1)(B) shall apply to applications for admission that are made on or after October 1, 2008. (b) Requirement of Country.--Section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B)) is amended to read as follows: ``(B) Machine readable passport program.-- ``(i) In general.--Subject to clause (ii), the government of the country certifies that it issues to its citizens machine-readable passports that satisfy the international accepted standard for machine readability. ``(ii) Deadline for compliance for certain countries.--In the case of a country designated as a program country under this subsection prior to May 1, 2000, as a condition on the continuation of that designation, the country-- ``(I) shall certify not later than October 1, 2001, that it has a program to issue machine-readable passports to its citizens not later than October 1, 2003; and ``(II) shall satisfy the requirement in clause (i) not later than October 1, 2003.''. SEC. 203. EVALUATION OF EFFECT OF COUNTRY'S PARTICIPATION ON LAW ENFORCEMENT AND NATIONAL SECURITY. (a) Initial Designation.--Section 217(c)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(C)) is amended to read as follows: ``(C) Law enforcement and national security interests.--The Attorney General, in consultation with the Secretary of State-- ``(i) evaluates the effect that the country's designation would have on the law enforcement and national security interests of the United States (including the interest in enforcement of the immigration laws of the United States); ``(ii) determines that such interests would not be compromised by the designation of the country; and ``(iii) submits a written report to the Committee on the Judiciary of the United States House of Representatives and of the Senate regarding the country's qualification for designation that includes an explanation of such determination.''. (b) Continuation of Designation.--Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following: ``(5) Written reports on continuation qualifications; designation rescissions.-- ``(A) Periodic evaluations.--The Attorney General, in consultation with the Secretary of State, periodically (but not less than once every 5 years)-- ``(i) shall evaluate the effect of each program country's continued designation on the law enforcement and national security interests of the United States (including the interest in enforcement of the immigration laws of the United States); ``(ii) shall determine whether any such designation ought to be continued or rescinded under subsection (d); and ``(iii) shall submit a written report to the Committee on the Judiciary of the United States House of Representatives and of the Senate regarding the continuation or rescission of the country's designation that includes an explanation of such determination and the effects described in clause (i).

Title II: Program Improvements - Amends the Immigration and Nationality Act to grant program privileges to countries that extend reciprocal program privileges either directly with the United States or in conjunction with a designated program participant country and have a common immigration admissions area with such country. (Sec. 202) Establishes deadlines for: (1) participating countries to have a machine readable passport program; and (2) alien visitors to have such passports. Requires such programs and passports to meet the international standard for machine readability. (Sec. 203) Requires periodic written evaluations of a participating country's effect on U.S. law enforcement and security interests.

Travel, Tourism, and Jobs Preservation Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Security Letter Judicial and Congressional Oversight Act''. SEC. 2. FOREIGN INTELLIGENCE SURVEILLANCE COURT JUDGE OR UNITED STATES MAGISTRATE JUDGE APPROVAL OF NATIONAL SECURITY LETTERS. (a) Review of National Security Letter Requests.-- (1) In general.--No national security letter shall issue unless a Foreign Intelligence Surveillance Court judge or a designated United States Magistrate Judge finds that-- (A) the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities; (B) such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and (C) there are specific and articulable facts giving reason to believe that the information sought pertains to a foreign power or an agent of a foreign power (as those terms are defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)). (2) Electronic filing.--The court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) shall establish an electronic system for the submission of documents and other information relating to proceedings under paragraph (1) and for the issuance of orders relating to national security letters under paragraph (1). (b) Sense of Congress Regarding Challenges to Nondisclosure Requirements of National Security Letters.--It is the sense of Congress that in the case of a challenge to a nondisclosure requirement of a national security letter, a certification by the Attorney General or other appropriate head or deputy head of a department, agency, or instrumentality of the Federal Government that disclosure of such national security letter may endanger the national security of the United States or interfere with diplomatic relations-- (1) should not be considered conclusive evidence that such disclosure would endanger the national security of the United States or interfere with diplomatic relations; and (2) should be considered a rebuttable presumption that such disclosure would endanger the national security of the United States or interfere with diplomatic relations. (c) Minimization Procedures.--The Attorney General shall establish minimization and destruction procedures to ensure that information obtained pursuant to a national security letter regarding persons that are no longer of interest in an authorized investigation is destroyed. (d) Report.--The Attorney General shall, semiannually, submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing-- (1) the total number of national security letters issued during the preceding six months, in unclassified form; (2) for each of subparagraphs (A) through (E) of subsection (f)(3), the total number of national security letters issued during the preceding six months under the authority of each such subparagraph; (3) for each of subparagraphs (A) through (E) of subsection (f)(3), the total number of national security letters issued during the preceding six months under the authority of each such subparagraph for United States persons; (4) for each of subparagraphs (A) through (E) of subsection (f)(3), the total number of national security letters issued during the preceding six months under the authority of each such subparagraph for non-United States persons; (5) a description of the minimization procedures adopted by the Attorney General pursuant to subsection (c), including any changes to minimization procedures previously adopted by the Attorney General; (6) a summary of the challenges made by recipients of national security letters in court; (7) a description of the extent to which information obtained with national security letters has aided investigations and an explanation of how such information has aided such investigations; and (8) a description of the extent to which information obtained with national security letters has aided prosecutions and an explanation of how such information has been used in or aided such prosecutions. (e) Definitions.--In this section: (1) Foreign intelligence surveillance court judge.--The term ``Foreign Intelligence Surveillance Court judge'' means a judge of the court established by section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). (2) Designated united states magistrate judge.--The term ``designated United States Magistrate Judge'' means, for each district court of the United States, a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is-- (A) the Chief United States Magistrate Judge of such district court; or (B) if a Chief United States Magistrate Judge has not been designated in such district court, another United States Magistrate Judge of such district court that is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the issuance of national security letters under subsection (a). (3) National security letter.--The term ``national security letter'' means a request for information under-- (A) section 2709(b) of title 18, United States Code; (B) section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)); (C) subsections (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); (D) section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)); or (E) section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)).

National Security Letter Judicial and Congressional Oversight Act - Prohibits a national security letter from issuing unless a Foreign Intelligence Surveillance Court or a designated U.S. Magistrate Judge finds that: (1) the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities; (2) such an investigation of a U.S. person is not conducted soley upon the basis of activities protected by the first amendment to the Constitution; and (3) there are specific and articulable facts giving reason to believe that the information sought pertains to a foreign power or an agent of a foreign power. Requires the court established under the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish an electronic system for the submission of documents and other information relating to such proceedings, and for the issuance of orders relating to national security letters. Expresses the sense of Congress that, in the case of a challenge to a nondisclosure requirement of a national security letter, a certification by the Attorney General or other appropriate head or deputy head of a federal department, agency, or instrumentality that disclosure of such a letter may endanger U.S. national security or interfere with diplomatic relations should not be considered conclusive evidence but only a rebuttable presumption that such disclosure would do so. Directs the Attorney General to establish minimization and destruction procedures to ensure that information obtained pursuant to a national security letter regarding persons no longer of interest in an authorized investigation is destroyed.

To require the approval of a Foreign Intelligence Surveillance Court judge or designated United States Magistrate Judge for the issuance of a national security letter, to require the Attorney General to submit semiannual reports on national security letters, and for other purposes.

SECTION 1. EXTENSION OF MORATORIUM ON IMPLEMENTATION OF RULE RELATING TO THE FEDERAL-STATE FINANCIAL PARTNERSHIP UNDER MEDICAID AND SCHIP AND ON FINALIZATION OF A RULE RELATING TO THE TREATMENT OF GRADUATE MEDICAL EDUCATION UNDER MEDICAID; MORATORIUM ON THE FINALIZATION OF THE OUTPATIENT MEDICAID RULE MAKING SIMILAR CHANGE. (a) Findings.--Congress makes the following findings: (1) A proposed rule was published on January 18, 2007, on pages 2236 through 2248 of volume 72, Federal Register, and a rule purporting to finalize that rule was published on May 29, 2007, on pages 29748 through 29836 of volume 72, Federal Register (relating to parts 433, 447, and 457 of title 42, Code of Federal Regulations). This rule would significantly change the Federal-State financial partnership under the Medicaid and the State Children's Health Insurance Programs by-- (A) imposing a cost limit on payments made under such programs to governmentally operated providers; (B) limiting the permissible sources of the non- Federal shares required under such programs and the types of entities permitted to contribute to such shares; and (C) imposing new requirements on participating providers and States under such programs. (2) A proposed rule was published on May 23, 2007, on pages 28930 through 28936 of volume 72, Federal Register (relating to parts 438 and 447 of title 42, Code of Federal Regulations) that would significantly change the scope of permissible payments under Medicaid by removing the ability for States to make payments related to graduate medical education. (3) Permitting these rules to take effect would drastically alter the Federal-State financial partnership in Medicaid and the State Children's Health Insurance Programs, undermine the discretion traditionally accorded States, and have a negative impact on States, providers, and beneficiaries in the following manner: (A) Implementation of the rule regarding the Federal-State financial partnership would force billions of dollars of payment reductions, thus hampering the ability of impacted providers to provide essential services including allowing those providers to be ready and available for emergency situations and to provide care to the increasing numbers of uninsured. (B) Implementation of the rule regarding graduate medical education would force billions of dollars in payment reductions to teaching hospitals, thus hampering the ability of those providers to provide essential services including the education of the next generation of medical professionals despite a shortage of medical professionals. (4) By including a one-year moratorium in the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, Congress intended to forestall administrative action to allow itself time to assess the proposals and consider alternatives that would not negatively impact States, providers, and beneficiaries. (5) After Congressional approval of the moratorium contained in the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, the Centers for Medicare & Medicaid Services on May 25, 2007, submitted for publication its final rule, which was not significantly different from the January proposed regulation. (6) The publication of a final rule in May regarding the Federal-State financial partnership was not anticipated by Congress and accelerates the negative impact on States, providers, and beneficiaries, thus undermining the intent of the moratorium passed by Congress. (7) The publication of a proposed rule in May regarding graduate medical education was not anticipated by Congress and undermines the intent of the moratorium passed by Congress. (8) A proposed rule was published on September 28, 2007, on pages 55158 through 55166 of volume 72, Federal Register (relating to parts 440 and 447 of title 42, Code of Federal Regulations) that would significantly change the scope of permissible payments under Medicaid by redefining outpatient hospital services and dictating methodologies for calculation of the outpatient services upper payment limit. (9) Congress did not anticipate continued changes after the moratorium to reduce State flexibility to make adequate Medicaid payments. (10) Expansion and extension of the moratorium is necessary to effectuate Congressional intent. (b) Extension of Prohibition.--Section 7002(a)(1) of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007 (Public Law 110-28) is amended-- (1) by striking ``1 year'' and inserting ``2 years''; (2) by inserting ``or (D)'' after ``described in subparagraph (A)'' in subparagraph (B); (3) by striking ``or'' at the end of subparagraph (B); (4) by striking the period at the end of subparagraph (C) and inserting ``; or''; and (5) by inserting at the end the following: ``(D) finalize or otherwise implement provisions contained in the proposed rule published on September 28, 2007, on pages 55158 through 55166 of volume 72, Federal Register (relating to parts 440 and 447 of title 42, Code of Federal Regulations).''.

Amends the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 1997 to extend by one year the moratorium on: (1) implementation of a specified rule relating to the federal-state financial partnership under titles XIX (Medicaid) and XXI (State Children's Health Insurance Program (SCHIP)) of the Social Security Act; and (2) the finalization of a certain proposed rule regarding the authority of states to make payments related to graduate medical education (GME payments). Imposes a one-year moratorium on finalization or implementation of a certain proposed rule regarding the scope of permissible Medicaid payments that redefines outpatient hospitals and specifies methodologies for calculation of the outpatient services upper payment limit.

A bill to extend by one year the moratorium on implementation of a rule relating to the Federal-State financial partnership under Medicaid and the State Children's Health Insurance Program and on finalization of a rule regarding graduate medical education under Medicaid and to include a moratorium on the finalization of the outpatient Medicaid rule making similar changes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Reportable Conditions Act''. SEC. 2. PURPOSE. It is the purpose of this Act to provide for the health of Americans by implementing a system that detects and identifies in a timely manner diseases, conditions, and events that represent a threat to humans, animals, food production and the water supply. SEC. 3. AMENDMENT TO THE HOMELAND SECURITY ACT. Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following: ``SEC. 511. NATIONAL REPORTABLE CONDITIONS PROGRAM. ``(a) Definitions.--In this section: ``(1) Commission.--The term `Commission' means the Commission on National Reportable Conditions established under subsection (d). ``(2) Data repository.--The term `data repository' means the secure repository of reports processed through the System and controlled by the Department. ``(3) Department.--The term `Department' means the Department of Homeland Security. ``(4) List of national reportable conditions.--The terms `list of national reportable conditions' and `list' mean the list of national reportable conditions established in accordance with this section. ``(5) National reportable conditions.--The terms `national reportable conditions', `condition', and `conditions' mean the diseases, conditions, and events that when identified by health practitioners, veterinarians, animal and food production specialists, State and local health professionals, environmental and public utility workers, and laboratorians must be reported to the Department of Homeland Security as required under this section. ``(6) National reportable conditions system.--The terms `National Reportable Conditions System' and `System' mean the electronic system providing for the standardized collection, analysis, and transmission of national reportable conditions among the appropriate public health organizations, as required by the Secretary under this section. ``(7) Report.--The term `report' means a set of data elements related to the identification of a detected condition. The content of such data elements shall be defined by the Secretary upon the advice of the Commission. Such data elements may include demographic data of the individual or entity reporting the condition, condition identification, the contact information of the reporting individual, and method of detection (such as laboratory test, subjective findings, or clinical observation). ``(8) Reporting entity.--The term `reporting entity' means-- ``(A) a State or local entity with responsibility for public health, such as health practitioners, veterinarians, animal and food production specialists, State and local health professionals, environmental and public service professionals, and laboratorians; or ``(B) a commercial entity engaged in interstate commerce for the purpose of testing or analyzing materials in order to detect conditions pursuant to this section. ``(b) Federal Activities.--Based upon the recommendations of the Commission, the Secretary shall carry out the following activities: ``(1) Certification of national reportable conditions.--Not later than 180 days after the date of the enactment of this section, and annually thereafter, the Secretary, in consultation with the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture, shall certify a list of national reportable conditions. ``(2) Establishment of national reportable conditions system.--Not later than 1 year after the date of enactment of this section, the Secretary shall establish an electronic National Reportable Conditions System for the collection, analysis, and transmission of reports between reporting entities and the Department, and any such other persons or entities as determined appropriate by the Secretary. The System shall use the most appropriate technical approach to achieve the purpose of this section. ``(3) Establishment of data repository.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a data repository of records processed by the System for use by Federal, State, and local public health personnel, law enforcement agencies, and other Federal agencies. The Secretary shall provide a mechanism for State and local entities to obtain access to the repository for designated individuals who have been identified as needing such access. ``(4) Establishment of reporting process for commercial entities.--Not later than 1 year after the date of the enactment of this section, the Secretary shall establish a process to enable commercial entities, including private not- for-profit and for-profit laboratories, to transmit reports to a single government entity (the System) which can then make such reports available to appropriate State or local entities. It shall be the purpose of the process established under this paragraph to eliminate the burden placed on such commercial entities by requiring such entities to report identical information to multiple State or local entities. Under such process, reports may be transmitted through the System to State and local entities in a manner that allows such reports to be available at or about the same time as the data enters the System.. ``(5) Establishment of process and research program.--The Secretary shall establish a process for the identification of obstacles or challenges to the achievement of the purposes of this section. The Secretary shall establish a research program to identify or create solutions to such obstacles and challenges. ``(6) Grants.-- ``(A) In general.--The Secretary shall award grants to State and local entities to enable such entities to conduct surveillance and timely reporting activities with respect to the submission of reports under this section. ``(B) Eligibility.--To be eligible to receive a grant under subparagraph (A), a State or local entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of the manner in which grant funds shall be used to enhance the timeliness and comprehensiveness of the State or local entity's efforts to submit reports with respect to national reportable conditions. ``(c) Commission on National Reportable Conditions.-- ``(1) Establishment.--There shall be established a commission to be known as the Commission on National Reportable Conditions. ``(2) Membership.-- ``(A) Composition.--The Commission shall be composed of-- ``(i) the Secretary or his or her designee; ``(ii) the Secretary of Health and Human Services or his or her designee; ``(iii) the Secretary of the Environmental Protection Agency or his or her designee; ``(iv) the Secretary of Agriculture or his or her designee; and ``(v) 7 members to be appointed by the Secretary in accordance with subparagraph (B). ``(B) Expertise.--In appointing members of the Commission under subparagraph (A), the Secretary shall ensure that the Commission consists of individuals with expertise and experience in State and local health, water, environment, and agriculture, of which-- ``(i) 1 member shall be a veterinarian, duly licensed to practice in the United States; ``(ii) 1 member shall be an epidemiologist, duly employed by a State, county, or other local entity; ``(iii) 1 member shall be a food scientist, duly employed in a private sector food testing laboratory or a State public health laboratory; ``(iv) 1 member shall be a State health official reporting to the governor of a State or a county health official reporting to a county board or its equivalent; ``(v) 1 member shall be the director of clinical laboratory at an academic medical center; ``(vi) 1 member shall be the director of a private sector laboratory engaged in interstate commerce; ``(vii) 1 member shall be an environmental toxicologist for a State agency; ``(viii) 1 member shall be an environmental scientist at a public water utility; ``(3) Functions.-- ``(A) Recommended list of reportable conditions.-- ``(i) Review.--In order to assist the Secretary in carrying out subsection (b)(1), the Commission shall review State and local regulations to determine the existence of conditions that the Commission determines represent a serious threat to the health of individuals in the United States. ``(ii) Recommendation.--Based on the review conducted under clause (i), the Commission shall compile a list of national reportable conditions that shall be recommended to the Secretary for certification under subsection (b)(1). The Commission shall review the list at least annually and shall revise such list as determined appropriate by the Secretary. ``(B) National reportable conditions system.--In order to assist the Secretary in carrying out subsection (b)(2), the Commission shall advise the Secretary on appropriate processes and standards for the establishment of the National Reportable Conditions System. Such process and standards shall include the appropriate demographics, clinical and technical content, identification requirements, definition of terminology, and processes for the uniform electronic transmission of reports to the System, as well as minimum time standards in which such reports shall be transmitted to the Department by the reporting entity for entry into the System. ``(C) Data repository.-- ``(i) In general.--In order to assist the Secretary in carrying out subsection (b)(3), the Commission shall advise the Secretary on the most appropriate means to establish and maintain a data repository and ensure that the data repository is accessible by Federal, State, and local public health personnel, law enforcement, and other Federal agencies. Such advise shall include a process to protect the privacy and accuracy of data at a level consistent with commercial practice. ``(ii) Limitation.--In ensuring the accessibility of the data repository under clause (i), the Commission shall recommend appropriate limits to ensure the use of such repository only by those individuals determined by the Secretary to have a need to know and only to use date in the repository in the protection of the United States. ``(D) Reporting process.--In order to assist the Secretary in carrying out subsection (b)(4), the Commission shall advise the Secretary concerning the establishment of a process for the certification of reporting entities described in subsection (a)(8)(B) to ensure that such entities are able to comply with the reporting requirements of State or local entities. Such process shall-- ``(i) ensure that State and local entities have appropriate access to, and are appropriately notified of, reports transmitted to the System in a manner that allows the reports to be made available at or about the same time as the data enters the System; ``(ii) ensure that reporting entities described in subsection (a)(8)(B) will not be required to report identical information to multiple State or local entities in which the reporting entities operate or from which the test specimen, organism, condition, or event originated. ``(d) Limitations.-- ``(1) State and local requirements.--Except as provided in this Act, the National Reportable Conditions System shall not be construed to supercede or modify any State, territory, or local law that is intended to define or require the reporting of a condition or disease within the State, territory, or locality. ``(2) Process of simultaneous reporting.--The Secretary shall establish a process for the submission of reports to the National Reportable Conditions System that permits the simultaneous submission of such reports to a State or local jurisdiction to achieve compliance with a State or local law. ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''.

National Reportable Conditions Act - Amends the Homeland Security Act of 2002 to establish the Commission on National Reportable Conditions to review state and local regulations to determine the existence of conditions that represent a serious threat to the health of individuals in the United States, compile a list of national reportable conditions to be recommended for certifications, and advise the Secretary. Directs the Secretary of Homeland Security, based upon the Commission's recommendations, to: (1) annually certify a list of national reportable conditions (i.e., diseases, conditions, and events that when identified by health practitioners, veterinarians, animal and food production specialists, state and local health professionals, environmental and public utility workers, and laboratory workers must be reported to the Department of Homeland Security (DHS)); (2) establish an electronic National Reportable Conditions System, a data repository of records processed by the System, a process to enable commercial entities to transmit reports to a single government entity, and a process for the identification of obstacles or challenges to the achievement of the purposes of this Act (including a research program to identify or create solutions); and (3) award grants to state and local entities to enable them to conduct surveillance and timely reporting activities regarding the submission of reports. Requires the Secretary to establish a process that permits the simultaneous submission of reports to a state or local jurisdiction to achieve compliance with a state or local law.

A bill to amend the Homeland Security Act to provide for the health of Americans by implementing a system that detects and identifies in a timely manner diseases, conditions, and events that represent a threat to humans, animals, food production and the water supply.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Renewable Schools Energy Act of 2006''. SEC. 2. QUALIFIED RENEWABLE SCHOOL ENERGY BONDS. (a) In General.--Subchapter U of chapter 1 of the Internal Revenue Code of 1986 (relating to incentives for education zones) is amended by redesignating section 1397F as section 1397G and by adding at the end of part IV of such subchapter the following new section: ``SEC. 1397F. QUALIFIED RENEWABLE SCHOOL ENERGY BONDS. ``(a) Allowance of Credit.--If a taxpayer holds a qualified renewable school energy bond on 1 or more credit allowance dates of the bond occurring during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified renewable school energy bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified renewable school energy bond is the product of-- ``(A) the credit rate determined by the Secretary under paragraph (3) for the day on which such bond was sold, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Determination.--For purposes of paragraph (2), with respect to any qualified renewable school energy bond, the Secretary shall determine daily or cause to be determined daily a credit rate which shall apply to the first day on which there is a binding, written contract for the sale or exchange of the bond. The credit rate for any day is the credit rate which the Secretary or the Secretary's designee estimates will permit the issuance of qualified renewable school energy bonds with a specified maturity or redemption date without discount and without interest cost to the qualified issuer. ``(4) Credit allowance date.--For purposes of this section, the term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term also includes the last day on which the bond is outstanding. ``(5) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed or matures. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits, subpart H thereof, section 1400N(l), and this section). ``(d) Qualified Renewable School Energy Bond.--For purposes of this section-- ``(1) In general.--The term `renewable school energy bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for a qualified purpose with respect to a qualified school operated by an eligible local education agency, ``(B) the bond is issued by a State or local government of an eligible State within the jurisdiction of which such school is located, ``(C) the issuer-- ``(i) designates such bond for purposes of this section, and ``(ii) certifies that it has the written approval of the eligible local education agency for such bond issuance, and ``(D) the term of each bond which is part of such issue is 20 years. ``(2) Qualified school.--The term `qualified school' means any public school or public school system administrative building which is owned by or operated by an eligible local education agency. ``(3) Eligible local education agency.--The term `eligible local education agency' means any local educational agency as defined in section 9101 of the Elementary and Secondary Education Act of 1965. ``(4) Eligible state.--The term `eligible State' means, with respect to any calendar year-- ``(A) one of the five States with the greatest percentage population growth for the most recent preceding year for which data is available as determined by the Bureau of the Census, and ``(B) the State with a total percentage population growth greater than 9 percent but less than 13.9 percent and a total population under the age of 19 of less than 300,000 as determined under the 2000 Census. ``(5) Qualified purpose.--The term `qualified purpose' means, with respect to any qualified school, the purchase and installation of renewable energy products. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national renewable school energy bond limitation for each calendar year. Such limitation is $50,000,000 for 2007, $100,000,000 for 2008, $150,000,000 for 2009, and, except as provided in paragraph (4), zero thereafter. ``(2) Allocation of limitation.--The national renewable school energy bond limitation for a calendar year shall be allocated by the Secretary-- ``(A) among the eligible States described in subsection (d)(4)(A), 30 percent to the State with the greatest percentage population growth, 20 percent to each of second and third ranked States, and 10 percent to each of the fourth and fifth ranked States, and ``(B) to the State described in subsection (d)(4)(B), 10 percent. The limitation amount allocated to an eligible State under the preceding sentence shall be allocated by the State education agency to qualified schools within such State. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified school shall not exceed the limitation amount allocated to such school under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the limitation amount for any eligible State, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified schools within such State, the limitation amount for such State for the following calendar year shall be increased by the amount of such excess. Any carryforward of a limitation amount may be carried only to the first 2 years following the unused limitation year. For purposes of the preceding sentence, a limitation amount shall be treated as used on a first-in first-out basis. ``(f) Other Definitions.--For purposes of this section-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)). ``(h) Credits May Be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified renewable school energy bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person which, on the credit allowance date, holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified renewable school energy bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Credit Treated as Nonrefundable Bondholder Credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowable under subpart H of part IV of subchapter A of this chapter. ``(j) Special Rules.--For purposes of this section, rules similar to the rules under paragraphs (3) and (4) of section 54(l) shall apply.''. (b) Conforming Amendments.--The table of sections for part V of such subchapter is amended by redesignating section 1397F as section 1397G and by adding at the end of the table of sections for part IV of such subchapter the following new item: ``Sec. 1397F. Credit for holders of qualified renewable school energy bonds.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after December 31, 2006.

Renewable Schools Energy Act of 2006 - Amends the Internal Revenue Code to allow a tax credit for investment in qualified renewable school energy bonds. Defines "qualified renewable school energy bond" as a bond with a 20-year term, 95% of the proceeds of which are used for the purchase and installation of renewable energy products for public school and school district administrative buildings in states with a specified percentage of population growth.

A bill to amend the Internal Revenue Code of 1986 to allow public school districts to receive no interest loans for the purchase of renewable energy systems, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Collaborative Agreements to Recruit Educators (CARE) Act of 2005''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) An estimated 2,000,000 new teachers will be needed in the United States over the next decade. (2) Under the No Child Left Behind Act of 2001 (Public Law 107-110), States shall ensure that all teachers teaching in core academic subjects within the State are highly qualified not later than the end of the 2005-2006 school year, yet schools in rural areas and low-income schools have trouble attracting and retaining such teachers. (3) A 2000 study by the Education Trust reports that low- income schools are twice as likely not to have teachers certified in the fields in which they teach as schools that are not low-income schools, which highlights that low-income schools will need special help to meet the goals of the No Child Left Behind Act of 2001. (4) If the Nation is to improve student achievement and success in school, the United States must encourage and support the training and development of our Nation's teachers, who are the single most important in-school influence on student learning. (5) Highly qualified teachers are more effective in impacting student academic achievement because such teachers have high verbal abilities, high content knowledge, and an enhanced ability to know how to teach the content using appropriate pedagogical strategies. (6) The difference in annual student achievement growth between having an effective and ineffective teacher can be more than 1 grade level of achievement in academic performance. (7) A study conducted by the New Teacher Project shows that strategic recruitment may recruit qualified applicants but many applicants withdraw from the process because of the late hiring timelines found in urban schools. (8) Every school day approximately 3,000 adolescents drop out of secondary school. (9) The national graduation rate is 68 percent with approximately 540,000 students failing to graduate each year. (10) As few as 53 percent of students from low-income families graduate each year. (11) American schools spend more than $2,600,000,000 annually replacing teachers who have dropped out of the teaching profession. (b) Purpose.--It is the purpose of this Act to provide grants to encourage secondary school students in low-income schools to graduate and pursue higher education and teaching. SEC. 3. DEFINITIONS. (1) Core academic subjects.--The term ``core academic subjects'' means-- (A) mathematics; (B) science; (C) reading (or language arts) and English; (D) social studies, including history, civics, political science, government, geography, and economics; (E) foreign languages; and (F) fine arts, including music, dance, drama, and the visual arts. (2) Highly qualified.--The term ``highly qualified'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education''-- (A) has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); and (B) if such an institution conducts a teacher preparation program that enrolls students receiving Federal assistance under such Act (20 U.S.C. 1001 et seq.), means such an institution that-- (i) is in full compliance with the requirements of section 207 of such Act (20 U.S.C. 1027); and (ii) does not have a teacher preparation program identified by a State as low performing. (4) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Low-income school.--The term ``low-income school'' means an elementary school or secondary school that-- (A) is served by a local educational agency that qualifies to receive funding under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); (B) has been selected by the Secretary based on a determination that more than 30 percent of the students enrolled at the school qualify for services provided under such title I; and (C)(i) is listed in the Annual Directory of Designated Low-Income Schools for Teacher Cancellation Benefits, issued by the Department of Education, in the year for which the determination is made, or if such Directory for such year is not available before May 1 of such year, is listed in such Directory in the year preceding the year for which the determination is made; or (ii) is operated by the Bureau of Indian Affairs or operated on an Indian reservation by an Indian tribal group under contract with the Bureau of Indian Affairs. (6) Mentoring.--The term ``mentoring'' means activities that consist of structured guidance and regular and ongoing support for beginning teachers. (7) Secondary school.--The term ``secondary school'' means a public or nonprofit private school that provides secondary education, as determined under State law or the Secretary if the school is not in a State. (8) Secretary.--The term ``Secretary'' means the Secretary of Education. (9) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (10) Teacher.--The term ``teacher'' means an individual who provides students direct classroom teaching, or classroom-type teaching in a non-classroom setting, or educational services directly related to classroom teaching. SEC. 4. GRANT PROGRAM. (a) Authorization.-- (1) In general.--The Secretary is authorized to award grants, on a competitive basis, to institutions of higher education to establish partnerships with low-income schools to establish programs for students that promote-- (A) graduation from secondary school; and (B) persistence and completion of postsecondary degrees in education. (2) Nonprofit organizations.--A partnership described in paragraph (1) may include a nonprofit organization. (b) Application.-- (1) In general.--An institution of higher education that desires to receive a grant under this section shall submit an application, developed in collaboration with 1 or more low- income schools, to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents.--Each application submitted under paragraph (1) shall include-- (A) a description of any shortages of highly qualified teachers in core academic subjects in the low-income school participating in the partnership; and (B) a description of how the institution of higher education will use funds made available under a grant awarded under this section-- (i) to increase and improve the quality of the teaching force in the low-income school participating in the partnership; and (ii) to establish a partnership with a low- income school to establish programs for students that promote graduation from secondary school and persistence and completion of postsecondary degrees in education. (c) Approval.-- (1) In general.--The Secretary shall approve an application submitted pursuant to subsection (b) if the application meets the requirements of this section and holds reasonable promise of achieving the purpose of this Act. (2) Priority.--In awarding grants under this section, the Secretary shall give priority to an institution of higher education that is in partnership with a nonprofit organization that is a teacher union or group representing teachers in a school, which organization proposes the establishment of a track for hiring teachers for an academic year prior to the first date of such academic year in urban or rural low-income schools participating in the partnership. (3) Equitable distribution.--To the extent practicable, the Secretary shall ensure an equitable geographic distribution of grants under this section among the regions of the United States. (4) Duration of grants.--The Secretary is authorized to make grants under this section for a period of 5 years. At the end of the 5-year period, a grant recipient may apply for an additional grant under this section. (d) Uses of Funds.--An institution of higher education that receives a grant under this section shall use the grant funds to-- (1) establish innovative mentoring or tutoring programs proven to enhance secondary school graduation rates and recruitment of students in low-income schools to pursue postsecondary degrees in education; (2) provide scholarships to graduates of low-income schools to encourage the graduates to attend the institution and pursue and complete a postsecondary degree in education; (3) provide students in low-income schools with counseling and information about college admissions requirements, scholarships, and various student aid programs; (4) provide lessons and workshops, either at the institution or the low-income school, for students to attend to increase academic achievement and interest in postsecondary degrees in education; and (5) carry out any other activity that increases graduation rates and recruitment of low-income students to pursue and complete postsecondary degrees in education. (e) Matching Funds.--Each institution of higher education that receives a grant under this section shall demonstrate a financial commitment to such institution's school of education by contributing, either directly or through private contributions, non-Federal matching funds equal to 20 percent of the amount of the grant to carry out activities funded by such grant. (f) Assessment and Evaluation.--The Secretary shall report to Congress on the effectiveness of the grant programs funded under this section. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $20,000,000 for each of the fiscal years 2006 through 2011.

Collaborative Agreements to Recruit Educators (CARE) Act of 2005 - Authorizes the Secretary of Education to award grants to institutions of higher education (IHEs) to establish partnerships with low-income schools to establish programs that promote students' graduation from secondary school and completion of postsecondary education degrees. Includes among required uses of grant funds: (1) mentoring or tutoring; (2) scholarships; (3) counseling and information on college admissions and student aid; and (4) lessons and workshops at the IHE or the low-income school.

A bill to establish a grant program for institutions of higher education to collaborate with low-income schools to recruit students to pursue and complete postsecondary degrees in education.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Greener Gardens Act of 2009''. SEC. 2. CREDIT FOR QUALIFIED NONROAD EQUIPMENT. (a) Allowance of Credit.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30D the following new section: ``SEC. 30E. CREDIT FOR QUALIFIED NONROAD EQUIPMENT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter an amount equal to 25 percent of the qualified nonroad equipment expenses for the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed $1,000 with respect to each unit of qualified nonroad equipment placed in service by the taxpayer in the taxable year. ``(c) Qualified Nonroad Equipment Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified nonroad equipment expenses' means the cost of any qualified nonroad equipment the original use of which commences with the taxpayer and which is placed in service by the taxpayer during the taxable year. ``(2) Qualified nonroad equipment.-- ``(A) In general.--The term `qualified nonroad equipment' means any equipment that is primarily used for lawn, garden, or forestry purposes, and that is described in subparagraph (B) or (C). ``(B) Equipment described in subparagraph (B).-- Equipment is described in this subparagraph if such equipment-- ``(i) has a hybrid-electric drive train or cutting system which is powered by a generator or electrical storage device combined with a gasoline or diesel engine certified by the Environment Protection Agency at or below the current Federal standard, ``(ii) is regulated by the Environmental Protection Agency as a new, spark-ignition engine under part 1054 of title 40, Code of Federal Regulations (or any successor regulation), and is at or below the Phase 3 standards for exhaust and evaporative emissions under part 1060 of title 40, Code of Federal Regulations (or any successor regulation), or ``(iii) is regulated by the Environmental Protection Agency as a new, compression- ignition engine under part 1039 of title 40, Code of Federal Regulations (or any successor regulation), and is at or below the standards for exhaust emissions under part 1039.102 of title 40, Code of Federal Regulations (or any successor regulation), and identified for use with 100 percent biodiesel as determined by the Secretary in coordination with the Office of Energy Efficiency and Renewable Energy. ``(C) Equipment described in subparagraph (C).-- Equipment is described in this subparagraph if such equipment-- ``(i) is powered by a motor drawing current from solar power, electricity, or rechargeable or replaceable batteries, or ``(ii) is powered by alternative power sources and-- ``(I) is regulated by the Environmental Protection Agency as a new, spark-ignition engine under part 1054 of title 40, Code of Federal Regulations (or any successor regulation), and ``(II) is a class 1 or 2 engine certified by the Environmental Protection Agency as having an engine family that emits no more than 50 percent of the number of grams per kilowatt hour of regulated pollutants allowable under Phase 3 of the exhaust emissions standards under section 103 of part 1054 of title 40, Code of Federal Regulations (or any successor regulation), relating to handheld engines, or section 105 of such part, relating to nonhandheld engines, whichever is applicable. ``(3) Alternative power sources.--The term `alternative power sources' means any alternative fuel as determined by the Secretary, in coordination with the Office of Energy Efficiency and Renewable Energy. ``(4) Unit.--The term `unit' does not include any component of qualified nonroad equipment unless such component can be used independently. ``(d) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 23, 25D, 30, 30B, and 30D) and section 27 for the taxable year. ``(e) Special Rules.-- ``(1) Reduction in basis.--For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). ``(2) Denial of double benefit.--No credit shall be allowed under this section for any property for which a credit is allowed under any other provision of this chapter. ``(f) Termination.--This section shall not apply to any property placed in service-- ``(1) in the case of equipment described in subsection (c)(2)(B), after the date that is 2 years after the date of the enactment of the Greener Gardens Act of 2009, and ``(2) in the case of equipment described in subsection (c)(2)(C), after the date that is 5 years after such date of enactment.''. (b) Conforming Amendments.-- (1) Section 24(b)(3)(B) of the Internal Revenue Code of 1986 is amended by striking ``and 30D'' and inserting ``, 30D, and 30E''. (2) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``30E,'' after ``30D,''. (3) Section 25B(g)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (4) Section 904(i) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (5) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 30E(e)(1).''. (6) Section 1400C(d)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (c) Credit To Be Part of Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus,'' and by adding at the end the following: ``(36) the portion of the qualified nonroad equipment credit to which section 30E(d)(1) applies.''. (d) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 30D the following new item: ``Sec. 30E. Credit for qualified nonroad equipment.''. (e) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.

Greener Gardens Act of 2009 - Amends the Internal Revenue Code to allow a tax credit for 25%, up to $1,000, of the cost of qualified nonroad equipment. Defines "qualified nonroad equipment" as equipment that is primarily used for lawn, garden, or forestry purposes and is powered by certain alternative and renewable power sources.

To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for the purchase of certain nonroad equipment.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Economic Stimulus Act of 2003''. SEC. 2. PUERTO RICO RESIDENTS ELIGIBLE FOR EARNED INCOME TAX CREDIT. (a) In General.--Section 32 of the Internal Revenue Code of 1986 (relating to earned income) is amended by inserting at the end the following new subsection: ``(n) Residents of Puerto Rico.-- ``(1) In general.--In the case of residents of Puerto Rico, this section shall be applied-- ``(A) by substituting `United States or Puerto Rico' for `United States' in subsections (c)(1)(A)(ii)(I) and (c)(3)(E), ``(B) by substituting `nonresident alien individual (other than a resident of Puerto Rico)' for `nonresident alien individual' in subsection (c)(1)(E), and ``(C) by substituting `gross income (computed without regard to section 933)' for `gross income' in subsections (a)(2)(B) and (c)(2)(A)(i). ``(2) Phase-in of credit.-- ``(A) In general.--The credit allowable under this section by reason of this subsection shall not exceed the applicable percentage of the amount of credit which would otherwise be allowable under this section (without regard to this paragraph). ``(B) Applicable percentage.--The applicable percentage shall be determined as follows: ``In the case of any taxable year The applicable percentage is-- beginning in-- 2004.......................................... 10 2005.......................................... 20 2006.......................................... 30 2007.......................................... 40 2008.......................................... 50 2009.......................................... 60 2010.......................................... 70 2011.......................................... 80 2012.......................................... 90 2013 and thereafter........................... 100.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 3. REFUNDABLE CHILD TAX CREDIT ALLOWABLE TO RESIDENTS OF PUERTO RICO WITH LESS THAN 3 CHILDREN. (a) In General.--Paragraph (1) of section 24(d) of the Internal Revenue Code of 1986 (relating to portion of credit refundable) is amended by inserting at the end the following new sentence: ``For purposes of this paragraph, taxable income shall be computed without regard to section 933.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2003. (c) Applicability.-- (1) In general.--Any credit allowable by reason of the amendment made by subsection (a) shall not exceed the applicable percentage of the amount of credit which would otherwise be allowable under section 24(d)(1) (without regard to this subsection). (2) Applicable percentage.--The applicable percentage shall be determined as follows: In the case of any taxable year The applicable percentage is-- beginning in-- 2004.......................................... 10 2005.......................................... 20 2006.......................................... 30 2007.......................................... 40 2008.......................................... 50 2009.......................................... 60 2010.......................................... 70 2011.......................................... 80 2012.......................................... 90 2013 and thereafter........................... 100. SEC. 4. SSI TO APPLY TO RESIDENTS OF PUERTO RICO. (a) In General.--Section 1614(e) of the Social Security Act is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, and the Commonwealth of Puerto Rico''. (b) Application.--Section 1611 of the Social Security Act is amended by adding at the end the following: ``Limitation on Benefits for Residents of the Commonwealth of Puerto Rico ``(j) Notwithstanding any other provision of this title, in the case of an individual who is a resident of the Commonwealth of Puerto Rico who is eligible to receive a monthly benefit under this title, the monthly benefits payable under this title shall not exceed-- ``(1) for each month occurring in 2004, 10 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; ``(2) for each month occurring in 2005, 20 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; ``(3) for each month occurring in 2006, 30 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; ``(4) for each month occurring in 2007, 40 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; ``(5) for each month occurring in 2008, 50 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; ``(6) for each month occurring in 2009, 60 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; ``(7) for each month occurring in 2010, 70 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; ``(8) for each month occurring in 2011, 80 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title; and ``(9) for each month occurring in 2012, 90 percent of the monthly benefits that would, but for the application of this subsection, be paid to the individual under this title.''. (c) Termination of Other Programs for Residents of Puerto Rico.-- (1) Title i.--Title I of the Social Security Act is amended by inserting at the end the following: ``termination for residents of puerto rico ``Sec. 7. This title shall not apply to residents of the Commonwealth of Puerto Rico after 2012.''. (2) Title x.--Title X of the Social Security Act is amended by inserting at the end the following: ``termination for residents of puerto rico ``Sec. 1007. This title shall not apply to residents of the Commonwealth of Puerto Rico after 2012.''. (3) Title xiv.--Title XIV of the Social Security Act is amended by inserting at the end the following: ``termination for residents of puerto rico ``Sec. 1406. This title shall not apply to residents of the Commonwealth of Puerto Rico after 2012.''. (4) Title xvi.--Title XVI of the Social Security Act, as applicable with respect to the Commonwealth of Puerto Rico before the date of the enactment of this Act, shall not apply after 2012. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to benefits payable in months beginning on or after January 1, 2004.

Puerto Rico Economic Stimulus Act of 2003 - Amends the Internal Revenue Code to: (1) make residents of Puerto Rico eligible for the earned income credit; and (2) allow the refundable portion of the child tax credit to residents of Puerto Rico with less than three children. Amends title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to make the provisions of such title applicable to residents of Puerto Rico.

A bill to make residents of Puerto Rico eligible for the earned income tax credit, the refundable portion of the child tax credit, and supplemental security income benefits.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Older Americans' Freedom to Work Act of 1994''. SEC. 2. PHASE OUT OF THE EARNINGS TEST OVER A 10-YEAR PERIOD FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) Liberalization of Earnings Test Over the Period 1995-2004 for Individuals Who Have Attained Retirement Age.--Effective with respect to taxable years ending after 1994, subparagraph (D) of section 203(f)(8) of the Social Security Act is amended to read as follows: ``(D) Notwithstanding any other provision of this subsection, the exempt amount which is applicable to an individual who has attained retirement age (as defined in section 216(l)) before the close of the taxable year involved shall be increased by $12,000 in each taxable year over the exempt amount for the previous taxable year, beginning with any taxable year ending after 1994 and before 2005.''. (b) Repeal of Earnings Test in 2005 for Individuals Who Have Attained Retirement Age.--Effective with respect to taxable years ending after 2004-- (1) clause (B) in the third sentence of section 203(f)(1) of the Social Security Act is amended by striking out ``age seventy'' and inserting in lieu thereof ``retirement age (as defined in section 216(l))''; and (2) section 203(f)(3) of such Act is amended-- (A) by striking out ``33\1/2\ percent'' and all that follows through ``other individual'' and inserting in lieu thereof ``50 percent of his earnings for such year in excess of the product of the applicable exempt amount as determined under paragraph (8)'', and (B) by striking out ``age 70'' and inserting in lieu thereof ``retirement age (as defined in section 216(l))''. (c) Conforming and Related Amendments.--Effective with respect to taxable years ending after 2004-- (1) section 203(c)(1) of the Social Security Act is amended by striking out ``is under the age of seventy'' and inserting in lieu thereof ``is under retirement age (as defined in section 216(l))''; (2) the last sentence of subsection (c) of section 203 of such Act is amended by striking out ``nor shall any deduction'' and all that follows and inserting in lieu thereof ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; (3) paragraphs (1)(A) and (2) of section 203(d) of such Act are each amended by striking out ``under the age of seventy'' and inserting in lieu thereof ``under retirement age (as defined in section 216(l))''; (4) section 203(f)(1) of such Act is amended by striking out clause (D) and inserting in lieu thereof the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60, or''; (5) subparagraph (D) of section 203(f)(5) of such Act is amended-- (A) by striking out ``(D) In the case of'' and all that follows down through ``(ii) an individual'' and inserting in lieu thereof the following: ``(D) An individual''; (B) by striking out ``became entitled to such benefits'' and all that follows and inserting in lieu thereof ``became entitled to such benefits, there shall be excluded from gross income any such other income.''; and (C) by shifting such subparagraph as so amended to the left to the extent necessary to align its left margin with that of subparagraphs (A) through (C) of such section; (6) section 203(f)(8)(A) of such Act is amended by striking out ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting in lieu thereof ``the new exempt amount which is to be applicable''; (7) section 203(f)(8)(B) of such Act is amended-- (A) by striking out all that precedes clause (i) and inserting in lieu thereof the following: ``(B) The exempt amount which is applicable for each month of a particular taxable year shall be whichever of the following is the larger--''; (B) by striking out ``corresponding'' in clause (i); and (C) by striking out ``an exempt amount'' in the matter following clause (ii) and inserting in lieu thereof ``the exempt amount''; (8) section 203(f)(8)(D) of such Act (as amended by subsection (a) of this Act) is repealed; (9) section 203(f)(9) of such Act is repealed; (10) section 203(h)(1)(A) of such Act is amended by striking out ``age 70'' each place it appears and inserting in lieu thereof ``retirement age (as defined in section 216(l))''; (11) section 203(j) of such Act is amended to read as follows: ``Attainment of Retirement Age ``(j) For purposes of this section-- ``(1) an individual shall be considered as having attained retirement age (as defined in section 216(l)) during the entire month in which he attains such age; and ``(2) the term `retirement age (as defined in section 216(l))', with respect to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.''; (12) section 202(w)(2)(B)(ii) of such Act is amended-- (A) by striking out ``either''; and (B) by striking out ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''; and (13) the second sentence of section 223(d)(4) of such Act is amended by inserting ``(or would be applicable to such individuals but for the amendments made by the Older Americans' Freedom to Work Act of 1994)'' after ``subparagraph (D) thereof'' the first place it appears.

Older Americans' Freedom to Work Act of 1994 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase the amount of outside income which beneficiaries who have attained retirement age may earn during 1995 through 2004 without incurring a reduction in benefits. Repeals such income limitation in the year 2005.

Older Americans' Freedom to Work Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Army Rangers Veterans of World War II Congressional Gold Medal Act''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Secretary'' means the Secretary of the Treasury; and (2) the term ``United States Army Rangers Veteran of World War II'' means any individual who-- (A) served in the Armed Forces-- (i) honorably; (ii) in an active duty status; and (iii) at any time during the period beginning on June 19, 1942, and ending on September 2, 1945; and (B) was assigned to a Ranger Battalion of the Army at any time during the period described in subparagraph (A)(iii). SEC. 3. FINDINGS. Congress finds the following: (1) In World War II, the Army formed 6 Ranger Battalions and 1 provisional battalion. All members of the Ranger Battalions were volunteers. The initial concept of Ranger units drew from the British method of using highly trained ``commando'' units and the military tradition of the United States of utilizing light infantry for scouting and raiding operations. (2) The Ranger Battalions of World War II consisted of-- (A) the 1st Ranger Infantry Battalion, which was activated on June 19, 1942, in Northern Ireland; (B) the 2d Ranger Infantry Battalion, which was activated on April 1, 1943, at Camp Forrest, Tennessee; (C) the 3d Ranger Infantry Battalion, which was-- (i) activated as provisional on May 21, 1943, in North Africa; and (ii) constituted on July 21, 1943, and concurrently consolidated with the provisional unit described in clause (i); (D) the 4th Ranger Infantry Battalion, which was-- (i) activated as provisional on May 29, 1943, in North Africa; and (ii) constituted on July 21, 1943, and concurrently consolidated with the provisional unit described in clause (i); (E) the 5th Ranger Infantry Battalion, which was activated on September 1, 1943, at Camp Forrest, Tennessee; (F) the 6th Ranger Infantry Battalion, which was-- (i) originally activated on January 20, 1941, at Fort Lewis, Washington, as the 98th Field Artillery Battalion; and (ii) converted and redesignated on September 26, 1944, as the 6th Ranger Infantry Battalion; and (G) the 29th Ranger Infantry Battalion, a provisional Army National Guard unit that was-- (i) activated on December 20, 1942, at Tidworth Barracks, England; and (ii) disbanded on October 18, 1943. (3) The first combat operations of Army Rangers occurred on August 19, 1942, when 50 Rangers took part in the British- Canadian raid on the French coastal town of Dieppe. (4) The 1st Ranger Battalion, under the leadership of Major William O. Darby, was used in full strength during the landings at Arsew, Algeria, during the North African campaign. Due to the success of the Rangers in several difficult battles, particularly at El Guettar in March and April of 1943, 2 additional Ranger Battalions were organized in North Africa. (5) During the North African campaign, the 1st Ranger Battalion was awarded battle honors for its actions in Tunisia. On March 18, 1943, the Battalion penetrated enemy lines and captured the position Djebel el Auk in a nighttime attack, taking more than 200 prisoners. Two days later, the battalion was attacked by the 10th Panzer division of the German Afrika Korps and, despite heavy losses, continued to defend its position. The following day, the 1st Battalion counterattacked to clear high ground overlooking the positions held by the Armed Forces. These actions demonstrated the ability of the Rangers to fight in difficult terrain and the courage to endure despite being outnumbered and exposed to heavy enemy fire. (6) The 29th provisional Ranger Battalion was formed from volunteers drawn from the 29th Infantry Division stationed in England in the fall of 1942. The Battalion was activated on December 20, 1942, and accompanied British commandos on 2 small-scale raids in Norway. Nineteen members of the 29th Ranger Battalion conducted a raid on a German radar site in France on the night of September 3, 1943. After that raid, the 29th Ranger Battalion was disbanded because new Ranger units, the 2d and 5th Battalions, were being formed. (7) During the summer and fall of 1943, the 1st, 3d, and 4th Ranger Battalions were heavily involved in the campaign in Sicily and the landings in Italy. The 1st and 4th Ranger Battalions conducted a night amphibious landing in Sicily and secured the landing beaches for the main force. The 3d Battalion landed separately at Licata, Sicily and was able to silence gun positions on an 82-foot cliff overlooking the invasion beaches. (8) During the invasion of Italy, the 1st and 4th Ranger Battalions landed at Maori with the mission of seizing the high ground and protecting the flank of the remainder of the main landing by the United States. Enemy forces in the area were estimated to outnumber the Rangers by approximately 8 to 1. Despite these odds, the Rangers took the position and held off 7 enemy counterattacks. (9) After the invasion of Italy, Rangers continued to be used, often in night attacks to seize key terrain ahead of the advancing Allied forces. At the Anzio beachhead, the majority of the 1st, 3d, and 4th Ranger Battalions sustained heavy casualties after being cut off behind German lines. The Rangers had planned to infiltrate German positions under the cover of darkness and make a dawn attack on a critical road junction but were pinned down by enemy tanks and an elite German paratrooper unit. After 12 hours of desperate fighting and a failed relief attempt, the majority of the Ranger force was killed, wounded, or captured. Only 6 Rangers from the 1st and 3d Battalions, out of more than 767 men, returned to friendly lines. The 4th Battalion, which had been in reserve, also suffered 60 killed and 120 wounded out of 550 men. These 3 battalions were inactivated and the survivors were transferred to other units. (10) In the United States, and later in Scotland, the 2d and 5th Ranger Battalions were formed to undertake operations in Western Europe. Those Battalions were engaged on D-Day, assaulting German positions at the Pointe du Hoc coastal battery, and remained in combat through September of 1944. Specifically, Rangers in the 2d Battalion, under the command of Lieutenant Colonel James E. Rudder-- (A) overcame underwater mines, machine gun fire, and enemy artillery while scaling the 100-foot high cliffs at Pointe du Hoc; (B) held against intense German efforts to retake the position; and (C) after reaching the top of the cliffs, moved inland roughly 1 mile and sustained heavy casualties while searching for, and ultimately destroying, a German heavy artillery battery. (11) During June, July, and August of 1944, the 2d and 5th Ranger Battalions were engaged in the campaign in Brest, which included close-range fighting in hedgerows and numerous villages. Later, in operations in Western Germany, the Battalions were frequently used to attack in darkness and gain vital positions to pave the way for the main Army attacks. (12) During the final drive into Germany in late February and early March 1945, the 5th Ranger Battalion was cited for battle honors for outstanding performance. Under the cover of darkness, the unit drove into German lines and seized high ground blocking the main German supply route in the sector. The Germans attacked the position of the Rangers from both sides, resulting in heavy Ranger casualties during 5 days of fighting. As a result of the actions of the Rangers, the main Army attack was able to overcome German defenses more easily, occupy the vital city of Trier, and reach the Rhine River. (13) The 6th Ranger Battalion operated in the Pacific. In the most notable exploit of the 6th Ranger Battalion, in January and February of 1945, the Battalion formed the nucleus of a rescue force that liberated more than 500 Allied prisoners, including prisoners from the United States, from the Cabanatuan prisoner of war camp in the Philippines. With the help of local Filipino guerillas, the Rangers, led by Lieutenant Colonel Henry A. Mucci, demonstrated extraordinary heroism by infiltrating Japanese-held territory to reach the prisoners of war and prevent them from being killed by the Japanese. After a 25-mile march at night through the jungle, the unit killed all Japanese sentries with no loss of life of the prisoners of war. The unit successfully returned to American lines having lost only 2 soldiers killed and having another 2 wounded. (14) The 1st Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Algeria-French Morocco (with arrowhead); (ii) Tunisia; (iii) Sicily (with arrowhead); (iv) Naples-Foggia (with arrowhead); (v) Anzio (with arrowhead); and (vi) Rome-Arno; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``EL GUETTAR''; and (ii) the Presidential Unit Citation (Army) and streamer embroidered with ``SALERNO''. (15) The 2d Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Normandy (with arrowhead); (ii) Northern France; (iii) Rhineland; (iv) Ardennes-Alsace; and (v) Central Europe; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``POINTE DU HOE''; and (ii) the French Croix de Guerre with Silver-Gilt Star, World War II, and streamer embroidered with ``POINTE DU HOE''. (16) The 3d Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Sicily (with arrowhead); (ii) Naples-Foggia (with arrowhead); (iii) Anzio (with arrowhead); and (iv) Rome-Arno; and (B) for its contributions, received the Presidential Unit Citation (Army) and streamer embroidered with ``SALERNO''. (17) The 4th Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Sicily (with arrowhead); (ii) Naples-Foggia (with arrowhead); (iii) Anzio (with arrowhead); and (iv) Rome-Arno; and (B) for its contributions, received the Presidential Unit Citation (Army) and streamer embroidered with ``SALERNO''. (18) The 5th Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) Normandy (with arrowhead); (ii) Northern France; (iii) Rhineland; (iv) Ardennes-Alsace; and (v) Central Europe; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``NORMANDY BEACHHEAD''; (ii) the Presidential Unit Citation (Army) and streamer embroidered with ``SAAR RIVER AREA''; and (iii) the French Croix de Guerre with Silver-Gilt Star, World War II, and streamer embroidered with ``NORMANDY''. (19) The 6th Ranger Infantry Battalion-- (A) participated in the campaigns of-- (i) New Guinea; (ii) Leyte (with arrowhead); and (iii) Luzon; and (B) for its contributions, received-- (i) the Presidential Unit Citation (Army) and streamer embroidered with ``CABU, LUZON''; and (ii) the Philippine Presidential Unit Citation and streamer embroidered with ``17 OCTOBER 1944 TO 4 JULY 1945''. (20) The United States will be forever indebted to the United States Army Rangers Veterans of World War II, whose bravery and sacrifice in combat contributed greatly to the military success of the United States and the allies of the United States. SEC. 4. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design to the United States Army Rangers Veterans of World War II, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award described in subsection (a), the Secretary shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institute.-- (1) In general.--Following the award of the gold medal in honor of the United States Army Rangers Veterans of World War II, the gold medal shall be given to the Smithsonian Institution, where the medal shall be-- (A) available for display, as appropriate; and (B) made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other locations associated with-- (A) the United States Army Rangers Veterans of World II; or (B) World War II. (d) Duplicate Medals.--Under regulations that the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this section, at a price sufficient to cover the cost of the medals, including the cost of labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDAL. (a) National Medal.--The gold medal struck under section 4 shall be a national medal for the purposes of chapter 51 of title 31, Unites States Code. (b) Numismatic Items.--For the purposes of section 5134 of title 31, United States Code, all medals struck under section 4 shall be considered to be numismatic items.

United States Army Rangers Veterans of World War II Congressional Gold Medal Act This bill directs the President pro tempore of the Senate and the Speaker of the House of Representatives to arrange for the award of a single gold medal to the U.S. Army Ranger veterans of World War II in recognition of their dedicated wartime service. Following its award, the gold medal shall be given to the Smithsonian Institution where it shall be available for display and research.

United States Army Rangers Veterans of World War II Congressional Gold Medal Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``The Defense Communities Assistance Act of 2009''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress, that as the Federal Government implements base closures and realignments, global repositioning, and grow the force initiatives, it is necessary to assist local communities coping with the impact of these programs at both closed and active military installations. To aid communities to either recover quickly from closures or to accommodate growth associated with troop influxes, the Federal Government must provide assistance to communities to effectively implement the various initiatives of the Department of Defense. SEC. 3. PERMANENT AUTHORITY TO CONVEY PROPERTY AT MILITARY INSTALLATIONS TO SUPPORT MILITARY CONSTRUCTION AND AGREEMENTS TO LIMIT ENCROACHMENT. Section 2869(a)(3) of title 10, United States Code, is amended by striking ``shall apply only during the period'' and all that follows through ``September 30, 2008'' and inserting ``without limitation on duration''. SEC. 4. EXTENSION OF AUTHORITY TO PURCHASE MUNICIPAL SERVICES FOR MILITARY INSTALLATIONS IN THE UNITED STATES. (a) Permanent Authority.--Chapter 146 of title 10, United States Code, is amended by inserting after section 2465 the following new section: ``Sec. 2465a. Contracts for procurement of municipal services for military installations in the United States ``(a) Contract Authority.--Subject to section 2465 of this title, the Secretary concerned may enter into a contract for the procurement of municipal services described in subsection (b) for a military installation in the United States from a county, municipal government, or other local governmental unit in the geographic area in which the installation is located. ``(b) Covered Municipal Services.--The municipal services that may be procured for a military installation under the authority of this section are as follows: ``(1) Refuse collection. ``(2) Refuse disposal. ``(3) Library services. ``(4) Recreation services. ``(5) Facility maintenance and repair. ``(6) Utilities. ``(c) Exception From Competitive Procedures.--The Secretary concerned may enter into a contract under subsection (a) using procedures other than competitive procedures if-- ``(1) the term of the proposed contract does not exceed 5 years; ``(2) the Secretary determines that the price for the municipal services to be provided under the contract is fair, reasonable, represents the least cost to the Federal Government, and, to the maximum extent practicable, takes into consideration the interests of small business concerns (as that term is defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a))); and ``(3) the business case supporting the Secretary's determination under paragraph (2)-- ``(A) describes the availability, benefits, and drawbacks of alternative sources; and ``(B) establishes that performance by the county or municipal government or other local governmental unit will not increase costs to the Federal Government, when compared to the cost of continued performance by the current provider of the services. ``(d) Limitation on Delegation.--The authority to make the determination described in subsection (c)(2) may not be delegated to a level lower than a Deputy Assistant Secretary for Installations and Environment, or another official of the Department of Defense at an equivalent level. ``(e) Congressional Notification.--The Secretary concerned may not enter into a contract under subsection (a) for the procurement of municipal services until the Secretary notifies the Committees on Armed Services of the Senate and the House of Representatives of the proposed contract and a period of 14 days elapses from the date the notification is received by the committees. The notification shall include a summary of the business case and an explanation of how the adverse impact, if any, on civilian employees of the Department of Defense will be minimized. ``(f) Guidance.--The Secretary of Defense shall issue guidance to address the implementation of this section.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2465 the following new item: ``2465a. Contracts for purchase of municipal services for military installations in the United States.''. (c) Extension of Pilot Program.--Section 325(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; 10 U.S.C. 2461 note) is amended by striking ``September 30, 2010'' and inserting ``September 30, 2020''. SEC. 5. REIMBURSABLE ACTIVITIES UNDER THE DEFENSE-STATE MEMORANDUM OF AGREEMENT PROGRAM. Section 2701(d)(1) of title 10, United States Code, is amended by inserting before the period at the end the following: ``and the processing of property transfers before or after remediation, provided the Secretary shall not condition funding based on the manner in which a State exercises its enforcement authority, or its willingness to enter into dispute resolution prior to exercising that enforcement authority.''. SEC. 6. INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTIES. Section 330(a)(1) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note), is amended by striking ``cost or other fee'' and all that follows through ``contaminant,'' and inserting ``cost, statutory or regulatory requirement or order, or other cost, expense, or fee arising out of any such requirement or claim for personal injury, environmental remediation, or property damage (including death, illness, or loss of or damage to property or economic loss) that results from, or is in any manner predicated upon, the release or threatened release of any hazardous substance, pollutant, or contaminant''. SEC. 7. REQUIREMENT FOR NO-COST ECONOMIC DEVELOPMENT CONVEYANCES. (a) Repeal of Certain Requirements.--Subsection (a) of section 3006 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115 Stat. 1350), and the amendments made by that subsection, are hereby repealed. Effective as of the date of the enactment of this Act, the provisions of section 2905 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) that were amended by section 3006(a) of the National Defense Authorization Act for Fiscal Year 2002, as such provisions were in effect on December 27, 2001, are hereby revived. (b) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to implement the provisions of section 2905 of the Defense Base Closure and Realignment Act of 1990 revived by subsection (a) to ensure that the military departments transfer surplus real and personal property at closed or realigned military installations without consideration to local redevelopment authorities for economic development purposes, and without the requirement to value such property. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the status of current and anticipated economic development conveyances, projected job creation, community reinvestment, and progress made as a result of the enactment of this section.

Defense Communities Assistance Act of 2009 - Expresses the sense of Congress on the necessity of assisting local communities coping with the impact of base closures and realignments and other military actions. Extends permanently (under current law, terminated at the end of FY2008) the authority of the Secretary of the military department concerned to convey, for certain purposes, real property on a military installation determined to be excess to the needs of the Department of Defense (DOD). Authorizes the Secretary concerned to contract for the procurement of municipal services for a U.S. military installation from a county, municipal government, or other local governmental unit in the area. Authorizes such Secretary to so contract using procedures other than competitive procedures, under certain conditions and after congressional notification. Amends the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 to extend through FY2020 a pilot program for the purchase of certain municipal services for military installations. Amends the National Defense Authorization Act for Fiscal Year 1993 to broaden the indemnification provided to transferees of military properties. Reinstates provisions of the Defense Base Closure and Realignment Act of 1990 which allow military departments to transfer surplus real and personal property at closed or realigned military installations without consideration to local redevelopment authorities when used for economic development purposes, without the requirement to assess the property's value.

A bill to assist local communities with closed and active military bases, and for other purposes.

SECTION 1. FINDINGS. Congress finds the following: (1) The development and implementation of technology is a crucial component of combating terrorism and implementing homeland security strategies. (2) The Government of Israel and companies in Israel have extensive experience with matters pertaining to homeland security generally, and antiterrorism specifically, including expertise in the fields of border integrity, transportation security, first responder equipment, and civil defense planning. (3) The United States and Israel have an extensive history of working cooperatively and successfully to assist with the development of agricultural, defense, telecommunications, and other technologies that are mutually beneficial to each country, as exemplified by the success of the Binational Industrial Research and Development Foundation (referred to in this section as the ``BIRD Foundation''). (4) Initiated in 1977 as a grant program, funded equally by the Governments of the United States and Israel in support of joint ventures between businesses in the United States and in Israel, the BIRD Foundation has invested $180,000,000 in 600 projects over the past 27 years and has realized $7,000,000,000 in sales and the development of a number of important technologies. (5) The establishment of a similar binational program, or the expansion of the BIRD Foundation, to support the development of technologies and services applicable to homeland security would be beneficial to the security of the United States and Israel and would strengthen the economic ties between the two countries. SEC. 2. UNITED STATES-ISRAEL HOMELAND SECURITY GRANT PROGRAM. (a) Establishment.--There is established a program between the United States and Israel to identify, develop, or modify existing or near term homeland security information, equipment, capabilities, technologies, and services to further the homeland security of the United States and to address the homeland security needs of Federal, State, and local governments. (b) Homeland Security Needs Assessment.--In carrying out the program established under subsection (a), the Secretary of Homeland Security shall-- (1) conduct a needs assessment of Federal, State, and local governments and first responders to identify-- (A) the homeland security needs of Federal, State, and local governments and first responders; and (B) areas where specific homeland security information, equipment, capabilities, technologies, and services could address those needs; (2) survey near term and existing homeland security information, equipment, capabilities, technologies, and services developed within the United States and Israel; and (3) provide grants, directly or through a nonprofit, nongovernmental organization, to eligible applicants to develop, manufacture, sell, or otherwise provide homeland security information, equipment, capabilities, technologies, and services to address the needs identified under paragraph (1). (c) Eligible Applicants.--An applicant is eligible to receive a grant under this section if the applicant-- (1) addresses one or more needs of Federal, State, and local governments and first responders, as identified through the assessment conducted under subsection (b)(1) or homeland security needs otherwise identified by the Department of Homeland Security; (2) is a joint venture between-- (A) a for profit business entity, academic institution, Department of Energy national laboratory, or non-profit entity in the United States and a for profit business entity, academic institution, or non- profit entity in Israel; or (B) the government of the United States and the government of Israel; and (3) meets any other qualifications that the Secretary may reasonably require. (d) Application.--Each eligible applicant seeking a grant under this section shall submit to the Secretary of Homeland Security, or the head of a nonprofit, nongovernmental organization authorized by the Secretary to award such grants, an application that contains-- (1) the identification of the joint venture applying for the grant and the identity of each entity participating in the joint venture; (2) a description of the product or service with applications related to homeland security that the applicant is developing, manufacturing, or selling; (3) the development, manufacturing, sales, or other activities related to such product or service that the applicant is seeking to carry out with grant funds; (4) a detailed capital budget for such product or service, including the manner in which the grant funds will be allocated and expended; and (5) such other information as the Secretary of Homeland Security may reasonably require. (e) Advisory Board.-- (1) Establishment.--If the Secretary of Homeland Security makes funds available to a nonprofit, nongovernmental organization to award grants to eligible applicants, the Secretary shall establish an advisory board to monitor how such grants are awarded. (2) Membership.--The advisory board shall be comprised of-- (A) an appropriate representative of the Government of the United States, as designated by the Secretary of Homeland Security; and (B) an official designated by the Government of Israel. (f) Additional Condition.-- (1) In general.--The Secretary of Homeland Security may impose a condition that the Government of Israel contribute an amount that the Secretary determines to be appropriate toward a project to be funded by a grant under this section before the disbursement of proceeds of such grant. (2) Limitation.--The Secretary may not prescribe a condition that requires a contribution toward the project from the Government of Israel of an amount in excess of the amount of the grant awarded under this section for such project. (g) Priority.--The Secretary of Homeland Security shall give priority to those applicants who propose to market the homeland security information, equipment, technologies, or services developed or modified with grant funds to Federal, State, and local governments and first responders. (h) Matching Requirement.--The Secretary of Homeland Security may require a recipient of a grant under this section to make available non-Federal matching contributions in an amount equal to up to 50 percent of the total proposed cost of the project for which the grant was awarded. (i) Grant Repayment.--The Secretary of Homeland Security may, as appropriate, require a recipient of a grant under this section to repay to the Secretary, or the nonprofit, nongovernmental entity designated by the Secretary, the amount of the grant, interest at an appropriate rate, and such charges for administration of the grant as the Secretary determines appropriate. The Secretary may not require that such repayment be more than 150 percent of the amount of the grant, adjusted for inflation on the basis of the Consumer Price Index. (j) Authorization of Appropriations.--There are authorized to be appropriated to the Department of Homeland Security to carry out the grant program established under this section-- (1) $25,000,000 for fiscal year 2005; and (2) such sums as may be necessary for fiscal year 2006. Passed the Senate November 21 (legislative day, November 20), 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2635 _______________________________________________________________________ AN ACT To establish an intergovernmental grant program to identify and develop homeland security information, equipment, capabilities, technologies, and services to further the homeland security of the United States and to address the homeland security needs of Federal, State, and local governments.

(Sec. 2) Establishes the United States-Israel Homeland Security Grant Program to identify, develop, or modify existing or near term homeland security information, equipment, capabilities, technologies, and services to further the homeland security of the United States and to address the homeland security needs of Federal, State, and local governments. Directs the Secretary of Homeland Security, in carrying out such program, to: (1) assess the homeland security needs of Federal, State, and local governments and first responders and areas where specific homeland security information, equipment, capabilities, technologies, and services could address those needs; (2) survey near-term and existing homeland security information developed within the United States and Israel; and (3) provide grants (directly or through a nonprofit, non-governmental organization) to eligible applicants to develop, manufacture, sell, or otherwise provide homeland security information, equipment, capabilities, technologies, and services to address such needs. Makes eligible for grant funds those applicants who: (1) address one or more identified needs of Federal, State, and local governments and first responders; (2) are organized as joint ventures between U.S.-Israeli entities; and (3) meet other qualifications required by the Secretary. Requires the Secretary to establish an advisory board to monitor any grant funds awarded to eligible applicants through nonprofit, nongovernmental organizations. Authorizes the Secretary to require the Government of Israel to contribute an appropriate amount toward a grant-funded project before the disbursement of funds. Requires the Secretary to give priority to applicants who propose to market homeland security information, equipment, technologies, or services developed or modified with grant funds to Federal, State, and local governments and first responders. Authorizes the Secretary to require grant recipients to: (1) make available non-Federal matching contributions of up to 50 percent of the total proposed project cost; and (2) repay the amount of the grant with interest and administrative charges. Authorizes appropriations through FY 2006.

A bill to establish an intergovernmental grant program to identify and develop homeland security information, equipment, capabilities, technologies, and services to further the homeland security needs of the United States and to address the homeland security needs of Federal, State, and local governments.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Build America Act of 2018''. SEC. 2. NATIONAL INFRASTRUCTURE INVESTMENT PROGRAM. (a) Establishment.--The Secretary of Transportation shall carry out a national infrastructure investment program (in this section referred to as the ``program'') for capital investments in surface transportation infrastructure in accordance with the requirements of this section. (b) Discretionary Grants.--The Secretary shall distribute funds made available to carry out the program as discretionary grants to be awarded to a State, local government, or transit agency, or a collaboration among such entities, on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. (c) Eligible Projects.--Projects that are eligible for funding under the program include, at a minimum, the following: (1) Highway and bridge projects eligible under title 23, United States Code. (2) Public transportation projects eligible under chapter 53 of title 49, United States Code. (3) Passenger and freight rail transportation projects. (4) Port infrastructure investments (including inland port infrastructure and land ports of entry). (d) TIFIA.--The Secretary may use up to 20 percent of the funds made available to carry out the program for a fiscal year for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of the program. (e) Distribution of Funds.--In distributing funds provided under the program, the Secretary shall take measures to ensure-- (1) an equitable geographic distribution of funds; (2) an appropriate balance in addressing the needs of urban and rural areas; and (3) investment in a variety of transportation modes. (f) Fair Consideration.--The Secretary shall ensure that-- (1) eligible projects receive fair consideration under the program; and (2) funds made available to carry out the program are used to provide funding for eligible projects to the maximum extent practicable. (g) Grant Amounts.--A grant funded under the program shall be not less than $5,000,000 and not greater than $45,000,000. (h) Awards in Single State.--Not more than 10 percent of the funds made available under the program for a fiscal year may be awarded to projects in a single State. (i) Federal Share.--The Federal share of the costs for which an expenditure is made under the program shall be, at the option of the recipient, up to 80 percent. (j) Priority Projects.--In carrying out the program, the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package. (k) Rural Areas.-- (1) Set aside.--Not less than 20 percent of the funds provided under the program for a fiscal year shall be for projects located in rural areas (as defined in section 101(a) of title 23, United States Code). (2) Grant amounts; federal share.--For projects located in rural areas-- (A) the minimum grant size under the program shall be $1,000,000; and (B) the Secretary may increase the Federal share of costs above 80 percent. (l) Wage Rate Requirements.--Projects conducted using funds provided under the program must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (m) Annual Competitions.--For each fiscal year, the Secretary shall conduct a new competition to select projects for grants and credit assistance awarded under the program. (n) Administrative Expenses.--To fund the award and oversight of grants and credit assistance made under the program, the Secretary may-- (1) retain up to $25,000,000 of the funds provided to carry out the program for a fiscal year; and (2) transfer portions of those funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Maritime Administration. (o) Period for Obligation of Funds.-- (1) In general.--Funds made available for a fiscal year to carry out the program shall remain available to the Secretary for obligation under the program for a period of 3 years after the last day of the fiscal year for which the funds are authorized. (2) Transfer of unobligated funds.--Any amounts made available to carry out the program that remain unobligated at the end of the 3-year period referred to in paragraph (1) shall be transferred to the Highway Trust Fund. (p) Funding.--There shall be available, without further appropriation, from the National Infrastructure Investment Trust Fund for expenditure by the Secretary to carry out the program $3,000,000,000 for each fiscal year. SEC. 3. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. (a) Funding.--There shall be available from the Fixed Guideway Capital Investment Trust Fund, without further appropriation, for expenditure by the Secretary of Transportation to carry out section 5309 of title 49, United States Code, $9,000,000,000 for each fiscal year. (b) Administrative Expenses.--Of the amounts made available for a fiscal year under subsection (a) to carry out section 5309 of title 49, United States Code, the Secretary may retain not more than 1 percent of the total funds made available to carry out such section to administer the award and oversee grants made under the program. (c) Period for Obligation of Funds.-- (1) In general.--Funds made available for a fiscal year under subsection (a) to carry out section 5309 of title 49, United States Code, shall remain available to the Secretary for obligation under that section for a period of 4 years after the last day of the fiscal year for which the funds are authorized. (2) Transfer of unobligated funds.--Any amounts made available under subsection (a) to carry out section 5309 of title 49, United States Code, that remain unobligated at the end of the 4-year period referred to in paragraph (1) shall be deposited in the Highway Trust Fund. SEC. 4. ESTABLISHMENT OF TRUST FUNDS. (a) In General.--Subchapter A of chapter 28 of the Internal Revenue Code of 1986 (relating to the trust fund code) is amended by adding at the end thereof the following: ``SEC. 9512. NATIONAL INFRASTRUCTURE INVESTMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `National Infrastructure Investment Trust Fund', consisting of such amounts as may be appropriated or credited to the National Infrastructure Investment Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to National Infrastructure Investment Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the National Infrastructure Investment Trust Fund amounts equivalent to the portion of the taxes received in the Treasury under subsections (a)(1) and (b) of section 5701 that are attributable to the increase in tax imposed by such subsections by reason of the amendments made by section 5 of the Build America Act of 2018. ``(c) Expenditures From National Infrastructure Investment Trust Fund.--Amounts in the National Infrastructure Investment Trust Fund shall be available, without further appropriation, to the Secretary of Transportation for making expenditures under the national infrastructure investment program authorized by section 2 of the Build America Act of 2018. ``SEC. 9513. FIXED GUIDEWAY CAPITAL INVESTMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Fixed Guideway Capital Investment Trust Fund', consisting of such amounts as may be appropriated or credited to the Fixed Guideway Capital Investment Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Fixed Guideway Capital Investment Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Fixed Guideway Capital Investment Trust Fund amounts equivalent to 25 percent of the portion of the taxes received in the Treasury under the rates described in clauses (i) and (iii) of section 4081(a)(2)(A), and section 4081(a)(2)(D), but only to the extent such amounts are attributable to the increase in rates under such clauses, and such section, by reason of the amendments made by section 6 of the Build America Act of 2018. For purposes of the preceding sentence, taxes received under section 4041 and 4081 shall be determined without reduction for credits under section 6426. ``(c) Expenditures From Fixed Guideway Capital Investment Trust Fund.--Amounts in the Fixed Guideway Capital Investment Trust Fund shall be available, without further appropriation, to the Secretary of Transportation for making expenditures after October 1, 2019, under section 5309 of title 49, United States Code, pursuant to the authorization in section 3 of the Build America Act of 2018.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new items: ``Sec. 9512. National Infrastructure Investment Trust Fund. ``Sec. 9513. Fixed Guideway Capital Investment Trust Fund.''. SEC. 5. INCREASE IN TAX ON CIGARETTES AND SMALL CIGARS. (a) Small Cigars.--Section 5701(a)(1) of the Internal Revenue Code of 1986 is amended by striking ``$50.33 per thousand'' and inserting ``$75.30 per thousand''. (b) Cigarettes.--Section 5701(b) of such Code is amended-- (1) by striking ``$50.33 per thousand'' in paragraph (1) and inserting ``$75.30 per thousand''; and (2) by striking ``$105.69 per thousand'' in paragraph (2) and inserting ``$130.69 per thousand''. SEC. 6. INCREASE IN TAX ON MOTOR FUELS. (a) Gasoline Other Than Aviation Gasoline.--Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and inserting ``53.3 cents''. (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of such Code is amended by striking ``24.3 cents'' and inserting ``59.3 cents''. (c) Increase for Inflation.--Section 4081(a)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Adjustment for inflation.--In the case of any calendar year beginning after 2018, the rates of tax contained in clauses (i) and (iii) of subparagraph (A) shall each be increased by an amount equal to-- ``(i) such rate, multiplied by ``(ii) the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest 0.1 cents.''. (d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of such Code is amended by striking ``substituting `19.7 cents' for `24.3 cents'.'' and inserting ``substituting a rate equal to 81 percent of the rate in effect for the calendar year under such subparagraph.''. (e) Effective Date.--The amendments made by this section shall apply to fuels removed, entered, or sold after October 1, 2018. SEC. 7. HIGHWAY TRUST FUND. (a) Coordination With Fixed Guideway Capital Investment Trust Fund.--Section 9503(b)(4) 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 adding at the end the following new subparagraph: ``(E) clauses (i) and (iii) of section 4081(a)(2)(A), and section 4081(a)(2)(D), but only to the extent of amounts equivalent to the portion of such taxes as are appropriated to the Fixed Guideway Capital Investment Trust Fund under section 9513(b).''. (b) Mass Transit Portion Adjusted.--Section 9503(e)(2)(A) of such Code is amended by striking ``2.86 cents'' and inserting ``6.25 cents''. (c) Transfer of Unobligated National Infrastructure Investment and Fixed Guideway Capital Investment Amounts.--Section 9503(f) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (10) as paragraph (11) and by inserting after paragraph (9) the following new paragraph: ``(10) Further transfers to trust fund.-- ``(A) In general.--There is hereby appropriated to the Highway Trust Fund amounts to be transferred to the Trust Fund pursuant to sections 2(o) and 3(c)(2) of the Build America Act of 2018. ``(B) Transfer of portion to mass transit account.--From such amounts, the Secretary shall transfer to the Mass Transit Account so much as bears the same ratio to such amount as the mass transit portion (as defined in subsection (e)(2)) bears to all taxes imposed with respect to fuel by sections 4041 and 4081 and otherwise deposited into the Highway Trust Fund.''.

Build America Act of 2018 This bill directs the Department of Transportation (DOT) to carry out a national infrastructure investment grant program for capital investments in surface transportation infrastructure. Projects eligible for funding under the program include, at a minimum, highway and bridge projects, public transportation projects, passenger and freight rail transportation projects, and port infrastructure investments. In distributing grants under the program, DOT shall ensure an equitable geographic distribution of funds, an appropriate balance in addressing the needs of urban and rural areas, and investment in a variety of transportation modes. At least 20% of grant funds must be set aside for projects in rural areas. The bill amends the Internal Revenue Code to: (1) establish a National Infrastructure Investment Trust Fund and a Fixed Guideway Capital Investment Trust Fund, and (2) increase the tax on small cigars and cigarettes and on gasoline other than aviation gasoline and on diesel fuel or kerosene.

Build America Act of 2018

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Caucasus Policy Act of 1997''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The newly independent countries of the South Caucasus region, Armenia, Georgia, and Azerbaijan, after decades of domination as part of the Soviet Union, have charted a new course as independent, sovereign nations. (2) Economic interdependence spurred mutual cooperation among the peoples of the Caucasus and restoration of the historic relationships and economic ties between those peoples is an important element of ensuring their sovereignty as well as the success of democratic and market reforms. (3) The development of strong political and economic ties between countries of the South Caucasus and the West will foster stability in the region. (4) The development of open market economies, open democratic systems, and the removal of all blockades and border closures in the countries of the South Caucasus will provide positive incentives for international private investment, increased trade, and other forms of commercial interactions with the rest of the world. (5) The Caspian Sea Basin, overlapping the territory of the countries of the South Caucasus and Central Asia, contains significant oil and gas reserves. (6) The region of the South Caucasus and the neighboring region of Central Asia may produce oil and gas in sufficient quantities to reduce the dependence of the United States on energy from the volatile Persian Gulf region. (7) United States foreign policy and international assistance should support democracy-building, free-market policies, human rights, and regional economic integration among the countries of the South Caucasus. SEC. 3. POLICY OF THE UNITED STATES. It shall be the policy of the United States in the countries of the South Caucasus-- (1) to promote and strengthen independence, sovereignty, democratic government, and respect for human rights; (2) to assist actively in the resolution of regional conflicts and the lifting of all blockades and re-opening of closed borders; (3) to promote friendly relations and economic cooperation; (4) to help promote market-oriented principles and practices; (5) to assist in the development of the infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong international relations and commerce between those countries and the stable, democratic, and market-oriented countries of the Euro-Atlantic Community; and (6) to support United States business interests and investments in the region. SEC. 4. UNITED STATES EFFORTS TO RESOLVE CONFLICTS IN GEORGIA AND AZERBAIJAN. It is the sense of Congress that the President should use all diplomatic means practicable, including the engagement of senior United States Government officials, to press for an equitable, fair, and permanent resolution acceptable to all parties to the conflict in Nagorno-Karabakh and other regional conflicts. SEC. 5. AMENDMENT OF THE FOREIGN ASSISTANCE ACT OF 1961. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new chapter: ``Chapter 12--Support for the Economic and Political Independence of the Countries of the South Caucasus ``SEC. 499. UNITED STATES ASSISTANCE TO PROMOTE RECONCILIATION AND RECOVERY FROM REGIONAL CONFLICTS. ``(a) Purpose of Assistance.--The purposes of assistance under this section are-- ``(1) to create the basis for reconciliation between conflicting parties; ``(2) to promote economic development in areas of the countries of the South Caucasus impacted by civil conflict and war; and ``(3) to encourage broad regional cooperation among countries of the South Caucasus that have been destabilized by internal conflicts. ``(b) Authorization for Assistance.-- ``(1) In general.--To carry out the purposes of subsection (a), the President is authorized to provide humanitarian assistance and economic reconstruction assistance under this Act, and assistance under the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.), to the countries of the South Caucasus to support the activities described in subsection (c). ``(2) Definition of humanitarian assistance.--In this subsection, the term `humanitarian assistance' means assistance to meet urgent humanitarian needs, in particular meeting needs for food, medicine, medical supplies and equipment, and clothing. ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to-- ``(1) providing for the essential needs of victims of the conflicts and other individuals in need throughout the South Caucasus region, including all individuals residing in any area of such conflicts; ``(2) facilitating the return of refugees and internally displaced persons to their homes; and ``(3) assisting in the reconstruction of residential and economic infrastructure destroyed by war. ``(d) Policy.--It is the sense of Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus. ``SEC. 499A. ECONOMIC ASSISTANCE. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to foster the conditions necessary for regional economic cooperation in the South Caucasus. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide technical assistance to the countries of the South Caucasus to support the activities described in subsection (c). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b)-- ``(1) shall be limited to the development of the structures and means necessary for the growth of private sector economies based upon market principles; and ``(2) shall not include assistance that jeopardizes or otherwise interferes with the ongoing efforts to resolve the conflicts in the South Caucasus region. ``(d) Policy.--It is the sense of Congress that the United States should-- ``(1) assist the countries of the South Caucasus to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; ``(2) provide permanent nondiscriminatory trade treatment (MFN status) to the countries of the South Caucasus; and ``(3) consider the establishment of zero-to-zero tariffs between the United States and the countries of the South Caucasus. ``SEC. 499B. DEVELOPMENT OF INFRASTRUCTURE. ``(a) Purpose of Assistance.--The purposes of assistance under this section are-- ``(1) to develop the physical infrastructure necessary for regional cooperation among the countries of the South Caucasus; and ``(2) to encourage closer economic relations between those countries and the United States and other developed nations. ``(b) Authorization for Assistance.--To carry out the purposes of subsection (a), the following types of assistance to the countries of the South Caucasus are authorized to support the activities described in subsection (c): ``(1) Activities by the Export-Import Bank to complete the review process for eligibility for financing under the Export- Import Bank Act of 1945. ``(2) The provision of insurance, reinsurance, financing, or other assistance by the Overseas Private Investment Corporation. ``(3) Assistance under section 661 of this Act (relating to the Trade and Development Agency). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b)-- ``(1) shall be limited to promoting actively the participation of United States companies and investors in the planning, financing, and construction of infrastructure for communications, transportation, and energy and trade including highways, railroads, port facilities, shipping, banking, insurance, telecommunications networks, and gas and oil pipelines; and ``(2) shall not include assistance that jeopardizes or otherwise interferes with the ongoing efforts to resolve the conflicts in the South Caucasus region. ``(d) Policy.--It is the sense of Congress that the United States representatives at the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus to assist the development of the physical infrastructure necessary for regional economic cooperation. ``SEC. 499C. SECURITY ASSISTANCE. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to assist countries of the South Caucasus to secure their borders and implement effective controls necessary to prevent the trafficking of illegal narcotics and the proliferation of technology and materials related to weapons of mass destruction (as defined in section 2332a(c)(2) of title 18, United States Code), and to contain and inhibit transnational organized criminal activities. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide the following types of assistance to the countries of the South Caucasus to support the activities described in subsection (c): ``(1) Assistance under chapter 5 of part II of this Act (relating to international military education and training). ``(2) Assistance under chapter 8 of this part of this Act (relating to international narcotics control assistance). ``(3) The transfer of excess defense articles under section 516 of this Act (22 U.S.C. 2321j). ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b)-- ``(1) shall be limited to assisting those countries of the South Caucasus in developing capabilities to maintain national border guards, coast guard, and customs controls; and ``(2) shall not include assistance that jeopardizes or otherwise interferes with the ongoing efforts to resolve the conflicts in the South Caucasus region. ``(d) Policy.--It is the sense of Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. ``SEC. 499D. STRENGTHENING DEMOCRACY, TOLERANCE, AND THE DEVELOPMENT OF CIVIL SOCIETY. ``(a) Purpose of Assistance.--The purpose of assistance under this section is to promote institutions of democratic government and to create the conditions for the growth of pluralistic societies, including religious tolerance. ``(b) Authorization for Assistance.--To carry out the purpose of subsection (a), the President is authorized to provide the following types of assistance to the countries of the South Caucasus. ``(1) Technical assistance for democracy building. ``(2) Technical assistance for the development of nongovernmental organizations. ``(3) Technical assistance for development of independent media. ``(4) Technical assistance for the development of the rule of law. ``(5) International exchanges and advanced professional training programs in skill areas central to the development of civil society. ``(c) Activities Supported.--Activities that may be supported by assistance under subsection (b) are limited to activities that directly and specifically are designed to advance progress toward the development of democracy. ``(d) Policy.--It is the sense of Congress that the Voice of America and RFE/RL, Incorporated, should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus. ``SEC. 499E. INELIGIBILITY FOR ASSISTANCE. ``(a) In General.--Except as provided in subsection (b), assistance may not be provided under this chapter for a country of the South Caucasus if the President determines and certifies to the appropriate congressional committees that the country-- ``(1) is engaged in a consistent pattern of gross violations of internationally recognized human rights; ``(2) has established any border closure or use of an economic or commercial blockade; ``(3) has, on or after the date of enactment of this chapter, knowingly transferred to another country-- ``(A) missiles or missile technology inconsistent with the guidelines and parameters of the Missile Technology Control Regime (as defined in section 11B(c) of the Export Administration Act of 1979 950 U.S.C. App. 2410b(c); or ``(B) any material, equipment, or technology that would contribute significantly to the ability of such country to manufacture any weapon of mass destruction (including nuclear, chemical, and biological weapons) if the President determines that the material, equipment, or technology was to be used by such country in the manufacture of such weapons; ``(4) has supported acts of international terrorism; ``(5) is prohibited from receiving such assistance by chapter 10 of the Arms Export Control Act or section 306(a)(1) and 307 of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (22 U.S.C. 5604(a)(1), 5605); or ``(6) has initiated an act of aggression against another state or ethnic population in the region. ``(b) Exception to Ineligibility.--Notwithstanding subsection (a), assistance may be provided under this chapter if the President determines and certifies in advance to the appropriate congressional committees that the provision of such assistance is important to the national interest of the United States. ``SEC. 499F. ADMINISTRATIVE AUTHORITIES. ``(a) Assistance Through Governments and Nongovernmental Organizations.--Assistance under this chapter may be provided to governments or through nongovernmental organizations. ``(b) Use of Economic Support Funds.--Except as otherwise provided, any funds that have been allocated under chapter 4 of part II for assistance for the independent states of the former Soviet Union may be used in accordance with the provisions of this chapter. ``(c) Terms and Conditions.--Assistance under this chapter shall be provided on such terms and conditions as the President may determine. ``(d) Superseding Existing Law.--The authority to provide assistance under this chapter supersedes any other provision of law, except for-- ``(1) this chapter; ``(2) section 634A of this Act and comparable notification requirements contained in sections of the annual foreign operations, export financing, and related programs Act; ``(3) section 907 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (22 U.S.C. 5812 note; relating to restriction on assistance to Azerbaijan); and ``(4) section 1341 of title 31, United States Code (commonly referred to as the ``Anti-Deficiency Act''), the Congressional Budget and Impoundment Control Act of 1974, the Balanced Budget and Emergency Deficit Control Act of 1985, and the Budget Enforcement Act of 1990. ``SEC. 499G. DEFINITIONS. ``In this chapter: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. ``(2) Countries of the south caucasus.--The term `countries of the South Caucasus' means Armenia, Azerbaijan, and Georgia.''. SEC. 6. ANNUAL REPORT. Beginning one year after the date of enactment of this Act, and annually thereafter, the President shall submit a report to the appropriate congressional committees-- (1) identifying the progress of United States foreign policy to accomplish the policy identified in section 3; (2) evaluating the degree to which the assistance authorized by chapter 12 of part I of the Foreign Assistance Act of 1961, as added by section 5 of this Act, was able to accomplish the purposes identified in those sections; and (3) recommending any additional initiatives that should be undertaken by the United States to implement the policy and purposes contained in this Act. SEC. 7. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives. (2) Central asia.--The term ``Central Asia'' means Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan. (3) Countries of the south caucasus.--The term ``countries of the South Caucasus'' means Armenia, Azerbaijan, and Georgia.

United States-Caucasus Policy Act of 1997 - Amends the Foreign Assistance Act of 1961 to authorize specified assistance, including humanitarian, economic, migration and refugee, development, security, and technical assistance, to the countries of the South Caucasus (Armenia, Azerbaijan, and Georgia) and of Central Asia (Kazakstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan) to: (1) promote sovereignty and independence, democratic government, and respect for human rights; (2) assist in the resolution of regional conflicts and re-opening of closed borders; (3) promote economic cooperation and market-oriented principles; (4) assist in the development of infrastructure necessary for communications, transportation, and energy and trade on an East-West axis in order to build strong relations and commerce between those countries and the democratic, market-oriented countries of the Euro-Atlantic community; and (5) support U.S. business interests and investments in the region. (Sec. 4) Expresses the sense of the Congress that the President should use all diplomatic means to press for an equitable, fair, and permanent resolution to the conflict in Nagorno-Karabakh (Armenia and Azerbaijan) and other regional conflicts. (Sec. 5) Declares the sense of the Congress that the United States should, where appropriate, support the establishment of neutral, multinational peacekeeping forces to implement peace agreements reached between belligerents in the countries of the South Caucasus. Declares the sense of the Congress that the United States should: (1) assist the countries of the South Caucasus to develop laws and regulations that would facilitate the ability of those countries to join the World Trade Organization; (2) provide permanent nondiscriminatory trade treatment (most-favored-nation status) to such countries; and (3) consider the establishment of zero-to-zero tariffs between them and the United States. Declares the sense of the Congress that the U.S. representatives to the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development should encourage lending to the countries of the South Caucasus to assist the development of the physical infrastructure necessary for regional economic cooperation. Declares the sense of the Congress that the United States should encourage and assist the development of regional military cooperation among the countries of the South Caucasus through programs such as the Central Asian Battalion and the Partnership for Peace of the North Atlantic Treaty Organization. Declares the sense of the Congress that the Voice of America and Radio Free Europe-Radio Liberty should maintain high quality broadcasting for the maximum duration possible in the native languages of the countries of the South Caucasus. Prohibits, unless important to the U.S. national interest, assistance to such countries if the President determines and certifies to the appropriate congressional committees that they: (1) are engaged in a consistent pattern of gross violations of internationally recognized human rights; (2) have established any border closure or use of an economic blockade; (3) have knowingly transferred controlled missile or missile technology to another country, or any equipment or technology that would contribute to the ability of such country to manufacture weapons of mass destruction (including nuclear, chemical, and biological weapons); (4) have supported acts of international terrorism; (5) are prohibited from receiving such assistance by specified Acts; or (6) have initiated an act of aggression against another state in the region. (Sec. 6) Directs the President to report annually to appropriate congressional committees.

United States-Caucasus Policy Act of 1997