FiscalNote/billsum · Datasets at Hugging Face

SECTION 1. REPEAL OF PPACA AND HEALTH CARE-RELATED PROVISIONS OF HCERA. (a) PPACA.--Effective as of the enactment of the Patient Protection and Affordable Care Act (Public Law 111-148), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health Care-Related Provisions of HCERA.-- (1) In general.--Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), the health care-related provisions of such Act are repealed, and the provisions of law amended or repealed by such health care-related provisions are restored or revived as if such provisions had not been enacted. (2) Health care-related provisions defined.--In paragraph (1), the term ``health care-related provisions'' means, with respect to the Health Care and Education Reconciliation Act of 2010, title I and subtitle B of title II of such Act. SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE. (a) In General.--Subpart G of part III of title 5, United States Code, is amended-- (1) by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively; and (2) by inserting after chapter 89 the following: ``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES ``SEC. 8921. DEFINITIONS. ``In this chapter-- ``(1) the terms defined under section 8901 shall have the meanings given such terms under that section; and ``(2) the term `Office' means the Office of Personnel Management. ``SEC. 8922. HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES. ``(a) The Office shall administer a health insurance program for non-Federal employees in accordance with this chapter. ``(b) Except as provided under this chapter, the Office shall prescribe regulations to apply the provisions of chapter 89 to the greatest extent practicable to eligible individuals covered under this chapter. ``SEC. 8923. CONTRACT REQUIREMENT. ``(a) For each calendar year, the Office shall enter into a contract with 1 or more carriers to make available 1 or more health benefits plans (subject to the provisions of this chapter) to eligible individuals under this chapter. ``(b) In carrying out this section, the Office may require 1 or more carriers to enter into a contract described in subsection (a), as a condition of entering into a contract under section 8902. ``SEC. 8924. ELIGIBILITY OF NON-FEDERAL EMPLOYEES. ``(a) Except as provided under subsection (b), any individual may enroll in a health benefits plan under this section. ``(b) An individual may not enroll in a health benefits plan under this chapter if the individual-- ``(1) is enrolled or eligible to enroll for coverage under a public health insurance program, including-- ``(A) title XVIII of the Social Security Act; ``(B) a State plan under title XIX of the Social Security Act; ``(C) a State plan under title XX of the Social Security Act; or ``(D) any other program determined by the Office; ``(2) is enrolled or eligible to enroll in a plan under chapter 89; or ``(3) is a member of the uniformed services as defined under section 101(a)(5) of title 10. ``SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS PLANS. ``(a) Rates charged and premiums paid for a health benefits plan under this chapter may differ between or among geographic regions. ``(b) No Government contribution shall be made for any individual under this chapter. ``(c) In the administration of this chapter, the Office shall ensure that individuals covered under this chapter shall be in a risk pool that is separate from the risk pool maintained for individuals covered under chapter 89.''. (b) Technical and Conforming Amendments.-- (1) Contract requirement under chapter 89.--Section 8902 of title 5, United States Code, is amended by adding after subsection (o) the following: ``(p) Any contract under this chapter may include, at the discretion of the Office, a provision that the carrier shall enter into a contract to provide 1 or more health benefits plans as described under chapter 89A.''. (2) Table of chapters.--The table of chapters for part III of title 5, United States Code, is amended-- (A) by redesignating the items relating to chapters 89A and 89B as chapters 89B and 89C, respectively; and (B) by inserting after the item relating to chapter 89 the following: ``89A. Health Insurance for Non-Federal Employees........... 8921''. SEC. 3. DEDUCTION FOR PREMIUMS PAID BY FEHBP NON-EMPLOYEE ENROLLEES. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. PREMIUMS PAID FOR FEHBP COVERAGE. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid as premiums during the taxable year for coverage for the taxpayer, his spouse, and dependents under health insurance provided pursuant to chapter 89A of title 5, United States Code. ``(b) Special Rules.-- ``(1) Coordination with medical deduction, etc.--Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 shall not be taken into account for purposes of this section. ``(2) Deduction not allowed for self-employment tax purposes.--The deduction allowable by reason of this section shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: ``(22) Premiums paid for fehbp coverage.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: ``Sec. 224. Premiums paid for FEHBP coverage.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM. Not later than 6 months after the date of enactment of this Act and after consultation with appropriate experts, representatives of affected individuals, and Federal officers, the Director of the Office of Personnel Management shall submit a comprehensive plan to Congress that-- (1) provides for the orderly implementation of the amendments made by this Act; and (2) includes a schedule of actions to be taken to provide for that implementation.

Repeals the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010, effective as of the enactment of such Act and provisions. Restores provisions of law amended by such Act and provisions. Directs the Office of Personnel Management (OPM) to administer a health insurance program for non-federal employees and to apply to such program the provisions governing the federal employee health insurance program to the greatest extent practicable. Requires OPM, for each calendar year, to enter into a contract with one or more carriers to make health benefits plans available to eligible individuals. Allows any individual to enroll in such a plan unless the individual: (1) is enrolled or eligible to enroll for coverage under a public health insurance program (including Medicaid or Medicare) or under the federal employee health insurance program, or (2) is a member of the uniformed services. Allows rates and premiums for such a plan to differ among geographic regions. Makes such premiums tax deductible. Provides that no government contribution shall be made for any individual enrolled in such a plan. Directs OPM to ensure that covered individuals are in a risk pool separate from that maintained for federal employees. Requires the Director of OPM to submit a comprehensive plan to Congress that provides for the orderly implementation of the amendments made by this Act, including a schedule of actions to be taken to provide for that implementation.

To repeal the Patient Protection and Affordable Care Act and the health care-related provisions in the Health Care and Education Reconciliation Act of 2010 and to amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Tribal HUD-VASH Act of 2017''. SEC. 2. RENTAL ASSISTANCE FOR HOMELESS OR AT-RISK INDIAN VETERANS. Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following: ``(D) Indian veterans housing rental assistance program.-- ``(i) Definitions.--In this subparagraph: ``(I) Eligible indian veteran.--The term `eligible Indian veteran' means an Indian veteran who is-- ``(aa) homeless or at risk of homelessness; and ``(bb) living-- ``(AA) on or near a reservation; or ``(BB) in or near any other Indian area. ``(II) Eligible recipient.--The term `eligible recipient' means a recipient eligible to receive a grant under section 101 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4111). ``(III) Indian; indian area.--The terms `Indian' and `Indian area' have the meanings given those terms in section 4 of the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103). ``(IV) Indian veteran.--The term `Indian veteran' means an Indian who is a veteran. ``(V) Program.--The term `Program' means the Tribal HUD-VASH program carried out under clause (ii). ``(VI) Tribal organization.--The term `tribal organization' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(ii) Program specifications.--The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the `Tribal HUD-VASH program', in conjunction with the Secretary of Veterans Affairs, by awarding grants for the benefit of eligible Indian veterans. ``(iii) Model.-- ``(I) In general.--Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. ``(II) Exceptions.-- ``(aa) Secretary of housing and urban development.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. ``(bb) Secretary of veterans affairs.--After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. ``(iv) Eligible recipients.--The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. ``(v) Funding criteria.--The Secretary shall award grants under the Program based on-- ``(I) need; ``(II) administrative capacity; and ``(III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. ``(vi) Administration.--Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.), except that recipients shall-- ``(I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and ``(II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. ``(vii) Consultation.-- ``(I) Grant recipients; tribal organizations.--The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. ``(II) Indian health service.--The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. ``(viii) Waiver.-- ``(I) In general.--Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. ``(II) Exception.--The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. ``(ix) Renewal grants.--The Secretary may-- ``(I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and ``(II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. ``(x) Reporting.-- ``(I) In general.--Not later than 1 year after the date of enactment of the Tribal HUD-VASH Act of 2017, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall-- ``(aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and ``(bb) submit a report describing the results of the review under item (aa) to-- ``(AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and ``(BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. ``(II) Analysis of housing stock limitation.--The Secretary shall include in the initial report submitted under subclause (I) a description of-- ``(aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; ``(bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and ``(cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program.''. Passed the Senate May 23, 2018. Attest: JULIE E. ADAMS, Secretary.

Tribal HUD-VASH Act of 2017 (Sec. 2) This bill provides statutory authority for the Tribal HUD-VASH program, which provides rental assistance and supportive services to Indian veterans who are homeless or at risk of homelessness and living in or near an Indian area. The United States Housing Act of 1937 is amended to direct the Department of Housing and Urban Development (HUD) to use at least 5% of rental assistance amounts under the HUD-VASH program, which provides housing assistance to homeless veterans, for the Tribal HUD-VASH program. The Tribal HUD-VASH program shall be carried out in conjunction with the Department of Veterans Affairs (VA). HUD and the VA: (1) shall consult with tribal organizations regarding the program's design, and (2) may make program modifications after consulting with tribal organizations. Program grants shall be made to entities eligible for Native American housing assistance block grants. HUD may make renewal grants to entities that have received prior program grants.

Tribal HUD-VASH Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Diabetes Coordinator Act of 2008''. SEC. 2. PURPOSE. It is the purpose of this Act to provide leadership for the development and implementation of a national strategy for reducing the incidence, progression, and impact of diabetes and its complications. SEC. 3. NATIONAL DIABETES COORDINATOR. (a) Establishment.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 330C the following: ``SEC. 330C-1. NATIONAL DIABETES COORDINATOR. ``(a) In General.-- ``(1) Establishment.--There is established within the Office of the Secretary of the Department of Health and Human Services the position of National Diabetes Coordinator. ``(2) Appointment.--The Coordinator shall be appointed by the Secretary in consultation with the President (or the President's designee) and shall report directly to the Secretary. ``(3) Qualifications.--The Coordinator shall be a nationally recognized individual with experience in diabetes- related issues across private and public sectors. ``(4) Staff.--The Secretary shall provide the Coordinator with appropriate staff, administrative support, and such other resources as may be necessary for the Coordinator to carry out the duties described in subsection (c). ``(b) Mission.--In carrying out the duties described in subsection (c), the Coordinator shall adhere to the mission of-- ``(1) preventing diabetes in those individuals and populations at risk for the disease; ``(2) increasing detection of diabetes; ``(3) maximizing the return on diabetes research; ``(4) increasing diabetes control efforts; ``(5) improving the standard of diabetes care available; and ``(6) supplementing, but not supplanting, existing diabetes research programs. ``(c) Duties of the Coordinator.--The Coordinator shall-- ``(1) serve as the principal advisor to the Secretary on ways to save lives, improve the quality of life, and save money for taxpayers and patients by reducing the rates of diabetes and its complications; ``(2) develop a measurement for the incidence of diabetes; ``(3) develop and coordinate implementation of a national strategy to reduce the incidence, progression, and impact of diabetes and its complications in the United States; ``(4) provide leadership and coordination between government agencies and across the public and private sectors to ensure that diabetes-related programs and policies of the Department of Health and Human Services are coordinated internally and with those of relevant Federal, State, and local agencies with a goal of avoiding duplication of effort, maximizing impact, and marshaling all government resources; and ``(5) coordinate public and private resources to develop and lead a public awareness campaign regarding the prevention and control of diabetes and its complications. ``(d) Cooperation.--The head of any Federal department or agency, including the Office of Minority Health, and the head of any public or private agency or entity that receives Federal funds related to diabetes or diabetes-related complications, including the Diabetes Mellitus Interagency Coordinating Committee and the National Diabetes Education Program within the National Institutes of Health, shall, to the extent possible, give full cooperation to the Coordinator. ``(e) No New Rights or Benefits.--This section is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its agencies, its entities or instrumentalities, its officers or employees, or any other person. ``(f) Definitions.--In this section: ``(1) The term `Coordinator' means the National Diabetes Coordinator. ``(2) The term `diabetes' means diabetes mellitus and includes type 1 diabetes, type 2 diabetes, and gestational diabetes.''. (b) Executive Schedule.--Section 5315 of title 5, United States Code, is amended by adding at the end the following new item: ``National Diabetes Coordinator General, Department of Health and Human Services.'' (c) Beginning of Operations.--Not later than 90 days after the date of the enactment of this Act, the National Diabetes Coordinator shall begin operations under section 330C-1 of the Public Health Service Act, as added by subsection (a). SEC. 4. REPORTS TO THE PRESIDENT. (a) National Strategy.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the National Diabetes Coordinator, shall report to the President on a national strategy to reduce the incidence, progression, and impact of diabetes and its complications in the United States. (2) Updates.--The Secretary of Health and Human Services, in consultation with the National Diabetes Coordinator, shall submit biennial updates to the report required by paragraph (1). (b) Report by OPM.--Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall report to the President through the Secretary of Health and Human Services on ways that the Federal Government can build into its negotiations with health plans appropriate standards and activities to reduce risk factors for diabetes and encourage prevention and early treatment of diabetes and its complications. (c) Report by Secretary of Agriculture.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall report to the President on ways in which food programs and nutritional support can be better targeted at concerns specific to those at risk for diabetes or those already diagnosed with diabetes whose complications could be reduced by more effective diet. (d) Definition.--In this section, the term ``diabetes'' means diabetes mellitus and includes type 1 diabetes, type 2 diabetes, and gestational diabetes.

National Diabetes Coordinator Act of 2008 - Amends the Public Health Service Act to establish within the Office of the Secretary of the Department of Health and Human Services (HHS) the position of National Diabetes Coordinator, whose duties shall be to: (1) serve as the Secretary's principal advisor on reducing the rates of diabetes and its complications; (2) develop a measurement for the incidence of diabetes; (3) develop and coordinate implementation of a national strategy to reduce the incidence, progression, and impact of diabetes and its complications; (4) provide leadership and coordination to ensure that diabetes-related programs and policies of HHS are coordinated internally and with those of relevant federal, state, and local agencies with a goal of avoiding duplication of effort, maximizing impact, and marshaling all government resources; and (5) coordinate public and private resources to develop and lead a public awareness campaign regarding the prevention and control of diabetes and its complications. Requires reports to the President: (1) from the HHS Secretary on a national strategy to reduce the incidence, progression, and impact of diabetes and its complications; (2) from the Director of the Office of Personnel Management (OPM) on negotiations with health plans to include appropriate standards and activities to reduce risk factors for diabetes and encourage prevention and early treatment; and (3) from the Secretary of Agriculture on ways in which food programs and nutritional support can be better targeted at concerns specific to those at risk for diabetes or those already diagnosed whose complications could be reduced by more effective diet.

To reduce the incidence, progression, and impact of diabetes and its complications and establish the position of National Diabetes Coordinator.

SECTION 1. REQUIREMENT RELATING TO GLOBAL CLIMATE CHANGE. (a) Findings.--Congress finds that-- (1) without the cooperation of other countries, the United States cannot reverse global climate change to ensure the recovery of species that are listed as threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)); and (2) the ratification of an international agreement by each major carbon emitting country is the likely path towards-- (A) reversing global climate change; and (B) ensuring through applicable laws (including regulations) the recovery of species described in paragraph (1) that are affected by global climate change. (b) Requirement Relating to Global Climate Change.--Section 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended-- (1) in paragraph (1)(E), by inserting ``subject to paragraph (4),'' before ``other natural''; and (2) by adding at the end the following: ``(4) Requirement relating to global climate change.-- ``(A) Definitions.--In this paragraph: ``(i) Administrator.--The term `Administrator' means the Administrator of the Environmental Protection Agency. ``(ii) Global climate change.--The term `global climate change' includes any significant increase in-- ``(I) global air temperatures; or ``(II) global sea levels. ``(iii) Greenhouse gas.--The term `greenhouse gas' has the meaning given the term in section 1610(a) of the Energy Policy Act of 1992 (42 U.S.C. 13389(a)). ``(iv) Major emitter of greenhouse gas.-- ``(I) In general.--The term `major emitter of greenhouse gas' means any country that the Administrator determines to be a major emitter of greenhouse gas. ``(II) Inclusions.--The term `major emitter of greenhouse gas' includes-- ``(aa) China; ``(bb) India; and ``(cc) the United States. ``(B) Duties of secretary.-- ``(i) Ratification of international agreement.--In determining whether any species is a threatened or endangered species under paragraph (1), the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas has ratified an international agreement to reduce the quantity of greenhouse gases emitted from each major emitter of greenhouse gas. ``(ii) Compliance with international agreement.-- ``(I) Annual determinations.--The Secretary shall, on an annual basis, request the Administrator to determine whether each major emitter of greenhouse gas is in compliance with the international agreement described in clause (i). ``(II) Effects.--If the Administrator determines that any major emitter of greenhouse gas is not in compliance with the international agreement described in clause (i) for the period covered by the determination-- ``(aa) the Secretary shall not consider global climate change as a natural or manmade factor under paragraph (1)(E) until the date on which the Administrator notifies the Secretary that each major emitter of greenhouse gas is in compliance with the international agreement; and ``(bb) each species that the Secretary has determined to be a threatened or endangered species under paragraph (1) as the result of global climate change shall not be considered to be a threatened or endangered species until the date described in item (aa).''. (c) Effective Date.--The amendments made by subsection (b) take effect on January 1, 2006.

Amends the Endangered Species Act of 1973 to prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in the determination as to whether a species is threatened or endangered until the Administrator of the Environmental Protection Agency (EPA) notifies the Secretary that: (1) each major emitter of greenhouse gas (GHG) (specifically including China, India, and the United States) has ratified an international agreement to reduce the quantity of GHGs emitted; and (2) any such emitter found to not to be in compliance with such agreement, in any year, becomes compliant. Makes this Act effective as of January 1, 2006.

A bill to amend the Endangered Species Act of 1973 to temporarily prohibit the Secretary of the Interior from considering global climate change as a natural or manmade factor in determining whether a species is a threatened or endangered species, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federalism Enforcement Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) federalism is rooted in the knowledge that political liberties are best assured by limiting the size and scope of the national government; (2) the people of the States created the national government when the people delegated those enumerated governmental powers relating to matters beyond the competence of the individual States; (3) all other sovereign powers, except those expressly prohibited the States by the United States Constitution, are reserved to the States or to the people as the tenth amendment to the United States Constitution requires; (4) the constitutional relationship among sovereign governments, State and national, is formalized in and protected by the tenth amendment to the United States Constitution; (5) the people of the States are free, subject only to restrictions in the United States Constitution or in constitutionally authorized Acts of Congress, to define the moral, political, and legal character of their lives; (6) in most areas of governmental concern, the States uniquely possess the constitutional authority, resources, and the competence to discern the sentiments of the people and to govern accordingly; (7) the nature of the constitutional system of the United States encourages a healthy diversity in the public policies adopted by the people of the several States according to their conditions, needs, and desires; (8) in the search for enlightened public policy, individual States and communities are free to experiment with a variety of approaches to public issues; (9) acts of the national government, whether executive, legislative, or judicial in nature, that exceed the enumerated powers of that government under the United States Constitution violate the principle of federalism established by the framers; (10) policies of the national government should recognize the responsibility of, and should encourage opportunities for, individuals, families, neighborhoods, local governments, and private associations to achieve their personal, social, and economic objectives through cooperative effort; (11) in the absence of clear constitutional or statutory authority, the presumption of sovereignty should rest with the individual States; and (12) uncertainties regarding the legitimate authority of the national government should be resolved against regulation at the national level. SEC. 3. FEDERALISM POLICYMAKING CRITERIA. The executive departments and agencies shall consider, to the extent permitted by law, the following criteria to inform agency discretion when formulating and implementing policies that have federalism implications: (1) There should be strict adherence to constitutional principles. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the policymaking discretion of the States, and should carefully assess the necessity for such action. To the extent practicable, the States should be consulted before any such action is implemented. (2) Federal action limiting the policymaking discretion of the States should be taken only where constitutional authority for the action is clear and certain, and the national activity is necessitated by the presence of a problem of national scope. (3) There should be recognition of the distinction between problems of national scope (which may justify Federal action) and problems that are merely common to the States (which will not justify Federal action because individual States, acting individually or together, can effectively manage such issues). (4) Constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States. (5) With respect to national policies administered by the States, the national government should grant the States the maximum administrative discretion possible. Intrusive Federal oversight of State administration is neither necessary nor desirable. (6) When undertaking to formulate and implement policies that have federalism implications, executive departments and agencies shall-- (A) encourage States to develop policies to achieve program objectives and to work with appropriate officials in other States; (B) refrain, to the maximum extent possible, from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (C) when national standards are required, consult with appropriate officials and organizations representing the States in developing those standards. SEC. 4. SPECIAL REQUIREMENTS FOR PREEMPTION. The executive departments and agencies shall consider, to the extent permitted by law, the following criteria to inform agency discretion when formulating and implementing policies that have preemption implications: (1) Executive departments and agencies should construe, in regulations and otherwise, a Federal statute to preempt a State law only when the statute contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that Congress intended preemption of State law, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the Federal statute. (2) If a Federal statute does not preempt State law under paragraph (1), executive departments and agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemptive regulations only when the statute expressly authorizes issuance of preemptive regulations or when there is some other firm and palpable evidence compelling the conclusion that Congress intended to delegate to the department or agency the authority to issue regulations preempting State law. (3) Any regulatory preemption of State law should be restricted to the minimum level necessary to achieve the objectives of the statute pursuant to which the regulations are promulgated. (4) When an executive department or agency foresees the possibility of a conflict between State law and federally protected interests within its area of regulatory responsibility, the department or agency should consult, to the extent practicable, with appropriate officials and organizations representing the States in an effort to avoid such a conflict. (5) When an executive department or agency proposes to act through adjudication or rulemaking to preempt State law, the department or agency should provide all affected States notice and an opportunity for appropriate participation in the proceedings. SEC. 5. SPECIAL REQUIREMENTS FOR LEGISLATIVE PROPOSALS. It is the sense of Congress that executive departments and agencies should not submit to Congress legislation that would-- (1) directly regulate the States in ways that would interfere with functions essential to the States' separate and independent existence or operate to directly displace the States' freedom to structure integral operations in areas of traditional governmental functions; (2) attach to Federal grants conditions that are not directly related to the purpose of the grant; or (3) preempt State law, unless preemption is consistent with the fundamental federalism principles set forth in section 2, and unless a clearly legitimate national purpose, consistent with the federalism policymaking criteria set forth in section 3, cannot otherwise be met. SEC. 6. AGENCY IMPLEMENTATION. (a) In General.--The head of each executive department and agency shall designate an official to be responsible for ensuring the implementation of this Act. (b) Federalism Assessment.--In addition to whatever other actions the designated official may take to ensure implementation of this Act, the designated official shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a federalism assessment. With respect to each such policy for which an affirmative determination is made, a federalism assessment, as described in subsection (c) of this section, shall be prepared. The department or agency head shall consider any such assessment in all decisions involved in promulgating and implementing the policy. (c) Contents.--Each federalism assessment shall accompany any submission concerning the policy that is made to the Office of Management and Budget pursuant to Executive Order No. 12866, and shall-- (1) contain the designated official's certification that the policy has been assessed in light of the principles, criteria, and requirements stated in sections 2 through 5 of this Act; (2) identify any provision or element of the policy that is inconsistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Act; (3) identify the extent to which the policy imposes additional costs or burdens on the States, including the likely source of funding for the States and the ability of the States to fulfill the purposes of the policy; and (4) identify the extent to which the policy would affect the States' ability to discharge traditional State governmental functions, or other aspects of State sovereignty. SEC. 7. GOVERNMENT-WIDE FEDERALISM COORDINATION AND REVIEW. (a) In General.--In implementing Executive Order No. 12866, the Office of Management and Budget, to the extent permitted by law and consistent with the provisions of such order, shall take action to ensure that the policies of the executive departments and agencies are consistent with the principles, criteria, and requirements stated in sections 2 through 5 of this Act. (b) Federalism Concerns.--In submissions to the Office of Management and Budget pursuant to Executive Order No. 12866, executive departments and agencies shall identify proposed regulatory and statutory provisions that have significant federalism implications and shall address any substantial federalism concerns. Where the departments or agencies determines it appropriate, substantial federalism concerns shall also be addressed in notices of proposed rulemaking and messages transmitting legislative proposals to Congress.

Federalism Enforcement Act of 1998 - Directs executive agencies, when formulating and implementing policies that have federalism implications, to: (1) strictly adhere to constitutional principles and closely examine the constitutional and statutory authority supporting any Federal action that would limit the policy making direction of the States; (2) take Federal action limiting the policy making discretion of the States only where constitutional authority for the action is clear and certain and the national activity is necessitated by the presence of a problem of national scope; (3) recognize the distinction between problems of national scope and problems that are merely common to the States; (4) recognize that constitutional authority for Federal action is clear and certain only when authority for the action may be found in a specific provision of the Constitution, when there is no provision in the Constitution prohibiting Federal action, and when the action does not encroach upon authority reserved to the States; (5) encourage States to develop their own policies to achieve program objectives and to work with officials in other States; (6) refrain from establishing uniform, national standards for programs and, when possible, defer to the States to establish standards; and (7) consult with officials and organizations representing the States in developing national standards when required. States that: (1) the national Government should grant the States the maximum administrative discretion possible with respect to national policies administered by the States; and (2) intrusive Federal oversight of State administration is neither necessary nor desirable. Requires observation of the following special requirements for preemption of State law: (1) agencies should construe a Federal statute to preempt only when it contains an express preemption provision, when there is some other firm and palpable evidence compelling the conclusion that the Congress intended preemption, or when the exercise of State authority directly conflicts with the exercise of Federal authority under the statute; (2) such agencies should construe any authorization in the statute for the issuance of regulations as authorizing preemption only when the statute expressly authorizes issuance of preemptive regulations or when there is other evidence compelling the conclusion that the Congress intended to delegate preemption authority; (3) any regulatory preemption should be restricted to the minimum level necessary to achieve the objectives of the statute; (4) an agency that foresees the possibility of a conflict between State law and federally protected interests should consult with State officials and organizations to avoid such a conflict; and (5) an agency that proposes to act through adjudication or rulemaking should provide all affected States notice and an opportunity for participation in the proceedings. Expresses the sense of the Congress that executive departments and agencies should not submit to the Congress legislation that would: (1) regulate the States so as to interfere with functions essential to the their separate and independent existence or their freedom to structure integral operations; (2) attach to Federal grants conditions unrelated to such grant; or (3) preempt State law unless consistent with the principles of federalism and unless a clearly legitimate national purpose cannot otherwise be met. Requires the head of each executive department and agency to designate an official responsible for implementing this Act, who shall determine which proposed policies have sufficient federalism implications to warrant the preparation of a federalism assessment. Provides assessment requirements. Directs the Office of Management and Budget to ensure that the policies of executive departments and agencies are consistent with the principles, criteria, and requirements set forth under this Act. Requires such departments and agencies to identify proposed regulatory and statutory provisions that have significant federalism implications and to address any substantial federalism concerns.

Federalism Enforcement Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Ownership Exit Plan Act of 2009''. SEC. 2. DEFINITION. In this Act-- (1) the term ``ownership interest'' means an interest in a troubled asset described in section 3(9)(B) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5202(a)(1)), as in effect on the day before the date of enactment of this Act, that was purchased by the Secretary under section 101(a)(1) of such Act (12 U.S.C. 5211(a)(1)); and (2) the term ``Secretary'' means the Secretary of the Treasury. SEC. 3. RE-PRIVATIZATION OF PRIVATE ENTITIES. (a) Prohibition on Federal Government Holding Ownership Interests.-- (1) In general.--Beginning on the date of enactment of this Act, the Federal Government may not acquire, directly or indirectly, any ownership interest. (2) Divestiture.--Except as provided in subsection (b), the Secretary shall divest the Federal Government of any ownership interest not later than July 1, 2010. (b) Limited Authority.-- (1) In general.--Beginning on July 1, 2010, the Secretary may hold an ownership interest with respect to a particular entity for a period of not more than 6 months if, not later than July 1, 2010, the Secretary submits a report to Congress with respect to that entity stating that-- (A) compliance with subsection (a)(2) with respect to such entity would have a significant adverse impact on the taxpayers of the United States; and (B) there is a reasonable expectation that a waiver of subsection (a)(2) would allow the Secretary to recover the cost to the Federal Government of acquiring such ownership interest. (2) Single renewal.--The Secretary may renew an extension under paragraph (1) for a single period of not more than 6 months, if the Secretary submits to Congress a report stating that the conditions described in subparagraphs (A) and (B) of paragraph (1) still exist with respect to the subject ownership interest. (c) Conforming Amendment.--Section 3(9) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5202(9)) is amended-- (1) in subparagraph (A), by striking ``; and'' at the end and inserting a period; (2) by striking ``means--'' and all that follows through ``residential'' in subparagraph (A) and inserting ``means residential''; and (3) by striking subparagraph (B). (d) Deposit of Funds.-- (1) In general.--Section 115(a)(3) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5225(a)(3)) is amended by striking ``outstanding at any one time''. (2) Deposit of funds into treasury.-- (A) In general.--On and after the date of enactment of this Act, all repayments of obligations arising under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), and all proceeds from the sale of assets acquired by the Federal Government under that Act, shall be paid into the general fund of the Treasury for reduction of the public debt, in accordance with section 106(d) of that Act (12 U.S.C. 5216(d)), as amended by this subsection. (B) Conforming amendment.--Section 106(d) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5216(d)) is amended by inserting ``, and repayments of obligations arising under this Act,'' after ``section 113''. (e) Influence of Management Decisions.--Title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) is amended by adding at the end the following: ``SEC. 137. INFLUENCE OF MANAGEMENT DECISIONS. ``(a) Definitions.--For purposes of this section-- ``(1) the term `covered person' means any person who is an officer or employee (including a special Government employee (as defined in section 202(a) of title 18, United States Code)) of the executive branch of the United States (including any independent agency of the United States); and ``(2) the term `significant management decision' includes the appointment of senior executives or board members, business strategies relating to production and manufacturing, plant closings, the relocation of the headquarters of an entity, the modification of labor contracts, and other financial decisions. ``(b) Influence Prohibited.-- ``(1) In general.--It shall be unlawful for any covered person to knowingly make, with the intent to influence, a communication regarding a significant management decision of a recipient of assistance under this title to any officer or employee of the recipient. ``(2) Criminal penalty.--Any covered person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. ``(c) Civil Actions.-- ``(1) In general.--The Attorney General of the United States may bring a civil action in an appropriate United States district court against any covered person to enforce subsection (b). ``(2) Civil penalty.--Any covered person who, upon proof by a preponderance of the evidence, violates subsection (b) shall be subject to a civil penalty of not more than $50,000 for each violation. The imposition of a civil penalty under this paragraph shall not preclude any other criminal or civil statutory, common law, or administrative remedy, which is available by law to the United States or any other person. ``(3) Orders.--If the Attorney General of the United States has reason to believe that a covered person is engaging in conduct that violates subsection (b), the Attorney General may petition an appropriate United States district court for an order prohibiting the covered person from engaging in the conduct. The court may issue an order prohibiting the covered person from engaging in the conduct if the court finds that the conduct constitutes a violation of subsection (b). The filing of a petition under this paragraph shall not preclude any other remedy which is available by law to the United States or any other person.''. (f) Federal Deposit Insurance Corporation.--Nothing in this Act may be construed to impede the ability of the Federal Deposit Insurance Corporation to maintain the stability of the banking system. SEC. 4. OVERSIGHT BY FINANCIAL STABILITY OVERSIGHT BOARD. Section 104(a) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5214(a)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the semicolon at the end and inserting ``; and''; and (3) by adding at the end the following: ``(4) reviewing the implementation of section 3 of the Government Ownership Exit Plan Act of 2009.''. SEC. 5. REPORTS REQUIRED. (a) Report on Federal Government Ownership.-- (1) Reports required.--The Secretary shall make (and shall publicly disclose) periodic reports detailing any ownership interest held by the Federal Government, including any loan or loan guarantee made by the Board of Governors of the Federal Reserve System. (2) Timing of reports.--The Secretary shall submit the reports under paragraph (1)-- (A) not later than October 1, 2009; and (B) each quarter of the fiscal year thereafter. (b) Reports on Winding Down or Divestment.-- (1) Reports required.--The Secretary shall submit to Congress periodic reports on the plans of the Secretary for compliance with this Act, including any plans to wind down or divest an ownership interest. (2) Timing of reports.--The Secretary shall submit the reports under paragraph (1)-- (A) not later than April 1, 2010; and (B) each month thereafter until all ownership interests are divested under section 3(a)(2). SEC. 6. PLAN FOR GOVERNMENT SPONSORED ENTERPRISES. Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a report describing a plan of the Secretary-- (1) to end the conservatorship by the Federal Government of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; and (2) to eliminate any form of direct ownership by the Federal Government of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

Government Ownership Exit Plan Act of 2009 - Prohibits the federal government from acquiring, directly or indirectly, any ownership interest in a troubled asset described in the Emergency Economic Stabilization Act of 2008 (EESA) that was purchased from a financial institution by the Secretary of the Treasury. Requires the Secretary to divest the government of any such interest not later than July 1, 2010, with exceptions allowing ownership interests of not more than six months if: (1) divestiture would have a significant adverse impact on taxpayers; and (2) there is a reasonable expectation that a waiver would allow recovery of the cost of acquiring such interest. Amends EESA to state that the limit of authority to purchase troubled assets is $700 billion (under current law, such limitation, reduced by $1.259 billion, is described as "outstanding at any one time"). Requires all repayments of obligations arising under EESA, and all proceeds from the sale of assets acquired by the government under that Act, to be paid into the general fund of the Treasury for reduction of the public debt. Makes it unlawful for an officer or employee of the executive branch to knowingly make, with the intent to influence, a communication regarding a significant management decision of a recipient of EESA assistance to any officer or employee of the recipient. Makes the Financial Stability Oversight Board responsible for reviewing the ownership interest termination provisions of this Act. Establishes requirements for reports by the Secretary on: (1) ownership interests; (2) plans for compliance with this Act, including for winding down and divestiture; and (3) ending conservatorship and direct ownership by the government of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation (Fannie Mae and Freddie Mac, respectively).

A bill to prohibit the Federal Government from holding ownership interests, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Convict Service Labor Prohibition Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) the United States exists in a changed international economic environment; (2) one part of this changed market place is an increase in international trade and an advocacy by many policy makers and many in the private sector of so-called free trade, based on the reduction of tariff and non-tariff barriers to trade, a major manifestation of which is the negotiation of a North American Free Trade Agreement; (3) although expanded trade may provide increased economic opportunity for some segments of the United States society, it may also cause the loss of thousands of United States jobs. As United States companies move their operations out of the United States to take advantage of labor that costs as little as one- tenth of the wages of United States workers, the well-being of working people across the United States is threatened; (4) another part of the changed United States market place is the greatly increased importance of the service sector and of service-based jobs in the United States; (5) the United States Customs Service ruled on July 15, 1992, in a case involving the sorting of coupons by Mexican prisoners in a maquiladora operation that existing Federal law does not prohibit the importation of goods upon which services were performed by forced, convict or prison labor; (6) the Customs Service ruling of July 15, 1992, allows the performance of a wide range of service activities, including laundry cleaning, auto repair, appliance repair, and many others, by prisoners in Mexico and other countries, possibly even including some assembly operations that make up so much of the so-called off-shore enterprises; (7) the Customs Service ruling of July 15, 1992, will cost thousands of additional United States jobs as international trade continues to expand and U.S. companies continue to take advantage of low-waged labor, including imprisoned workers, against which United States workers cannot compete; and (8) existing Federal trade law is intended to protect United States workers from the unfair foreign competition of work done in other countries by forced, convict or prison labor; however, in light of the Customs Service ruling of July 15, 1992, existing Federal law is clearly inadequate to protect United States workers. (b) Purpose.--The purpose of this Act is to amend and enhance Federal law protections for United States jobs by prohibiting the importation into the United States from any other country goods on which services were performed by convicts or prisoners, and by establishing penalties for violation of this Act. SEC. 3. TRANSPORTING OR IMPORTING GOODS MADE BY OR SERVICES PROVIDED BY CONVICTS OR PRISONERS. Section 1761 of title 18, United States Code, is amended in subsection (a) by inserting after ``mined,'' the following: ``or on which services were performed,''. SEC. 4. FAILURE TO MARK PACKAGES MADE BY AND IDENTIFY SERVICES PROVIDED BY CONVICTS OR PRISONERS. Section 1762(a) of title 18, United States Code, is amended by inserting after ``mined,'' the following: ``or on which services were performed,''. SEC. 5. ENFORCEMENT OF PROHIBITION AGAINST IMPORTATION OF CONVICT-MADE GOODS. Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is amended-- (1) by striking ``All goods'' and inserting ``(a) In General--All goods''; (2) in subsection (a) (as designated by paragraph (a) of this subsection)-- (A) by inserting after ``manufactured'' the following: ``, or on which services are performed,''; and (B) by striking the second sentence; (3) by striking ```Forced Labor,'''; and (4) by adding at the end the following new subsection: ``(c) Penalties.-- ``(1) In general.--Any person who-- ``(A) enters or imports, or attempts to enter or import, goods, wares, articles, or merchandise into the customs territory of the United States in violation of subsection (a); and ``(B) knew or should have known that such entry or importation, or attempted entry or importation, was in violation of such subsection, shall be liable to pay to the United States a civil penalty. ``(2) Amount of penalty.--Any civil penalty imposed under paragraph (1) shall be in an amount not to exceed-- ``(A) $10,000 for one violation; ``(B) $100,000 in the case of a person previously subject to a penalty for one violation under this section; or ``(C) $1,000,000 in the case of a person previously subject to penalties for more than one violation under this section. ``(3) Regulations required.--The Secretary of the Treasury shall by regulation, within one year of the date of enactment of this Act, prescribe procedures for imposing penalties under this section, including, but not limited to, prepenalty notice.''.

Convict Service Labor Prohibition Act of 1993 - Amends Federal law to establish penalties and fines for persons who knowingly transport in interstate commerce or import from a foreign country goods on which services are performed wholly or in part by convicts or prisoners. Requires all packages containing such goods to be clearly marked with certain content information. Amends the Tariff Act of 1930 to prohibit the importation of such goods. Sets forth civil penalties for violation of such prohibition.

Convict Service Labor Prohibition Act of 1993

entitled ``Joint Resolution to establish the Fort Sumter National Monument in the State of South Carolina'', approved April 28, 1948 (62 Stat. 204, chapter 239; 16 U.S.C. 450ee), to commemorate historic events in the vicinity of Fort Sumter, the site of the first engagement of the Civil War on April 12, 1861; (2) Fort Moultrie-- (A) was the site of the first defeat of the British in the Revolutionary War on June 28, 1776; and (B) was acquired by the Federal Government from the State of South Carolina in 1960 under the authority of the Act of August 21, 1935 (49 Stat. 666, chapter 593); (3) since 1960, Fort Moultrie has been administered by the National Park Service as part of the Fort Sumter National Monument without a clear management mandate or established boundary; (4) Fort Sumter and Fort Moultrie played important roles in the protection of Charleston Harbor and in the coastal defense system of the United States; (5) Fort Moultrie is the only site in the National Park System that preserves the history of the United States coastal defense system during the period from 1776 through 1947; and (6) Sullivan's Island Life Saving Station, located adjacent to the Charleston Light-- (A) was constructed in 1896; and (B) is listed on the National Register of Historic Places. SEC. 3. DEFINITIONS. In this Act: (1) Charleston light.--The term ``Charleston Light'' means the Charleston Light and any associated land and improvements to the land that are located between Sullivan's Island Life Saving Station and the mean low water mark. (2) Map.--The term ``map'' means the map entitled ``Boundary Map, Fort Sumter and Fort Moultrie National Historical Park'', numbered 392/80088, and dated November 30, 2000. (3) Park.--The term ``Park'' means the Fort Sumter and Fort Moultrie National Historical Park established by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of South Carolina. SEC. 4. FORT SUMTER AND FORT MOULTRIE NATIONAL HISTORICAL PARK. (a) Establishment.--There is established the Fort Sumter and Fort Moultrie National Historical Park in the State as a unit of the National Park System to preserve, maintain, and interpret the nationally significant historical values and cultural resources associated with Fort Sumter and Fort Moultrie. (b) Boundary.-- (1) In general.--The boundary of the Park shall be comprised of the land, water, and submerged land depicted on the map. (2) Availability of map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Acquisitions.-- (1) Land.-- (A) In general.--Subject to subparagraph (B), the Secretary may acquire any land or interest in land (including improvements) located within the boundaries of the Park by-- (i) donation; (ii) purchase with appropriated or donated funds; (iii) exchange; or (iv) transfer from another Federal agency. (B) Limitation.--Any land or interest in land (including improvements) located within the boundaries of the Park that is owned by the State (including political subdivisions of the State) shall be acquired by donation only. (2) Personal property.--The Secretary may acquire by donation, purchase with appropriated or donated funds, exchange, or transfer from another Federal agency, personal property associated with, and appropriate for, interpretation of the Park. (d) Administration.-- (1) In general.--The Secretary, acting through the Director of the National Park Service, shall administer the Park in accordance with this Act and the laws generally applicable to units of the National Park System, including-- (A) the Act of August 25, 1916 (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (2) Interpretation of historical events.--The Secretary shall provide for the interpretation of historical events and activities that occurred in the vicinity of Fort Sumter and Fort Moultrie, including-- (A) the Battle of Sullivan's Island on June 28, 1776; (B)(i) the bombardment of Fort Sumter by Confederate forces on April 12, 1861; and (ii) any other events of the Civil War that are associated with Fort Sumter and Fort Moultrie; (C) the development of the coastal defense system of the United States during the period from the Revolutionary War to World War II; and (D) the lives of-- (i) the free and enslaved workers who built and maintained Fort Sumter and Fort Moultrie; (ii) the soldiers who defended the forts; (iii) the prisoners held at the forts; and (iv) captive Africans bound for slavery who, after first landing in the United States, were brought to quarantine houses in the vicinity of Fort Moultrie in the 18th Century, if the Secretary determines that the quarantine houses and associated historical values are nationally significant. (e) Cooperative Agreements.--The Secretary may enter into cooperative agreements with public and private entities and individuals to carry out this Act. SEC. 5. CHARLESTON LIGHT. (a) In General.--Subject to subsection (b), the Secretary of Transportation shall transfer to the Secretary, for no consideration, administrative jurisdiction over, and management of the Charleston Light for inclusion in the Park. (b) Condition.--Before transferring the Charleston Light under subsection (a) the Secretary of Transportation shall repair, paint, remove hazardous substances from, and improve the condition of the Charleston Light in any other manner that the Secretary may require. (c) Improvements.--The Secretary shall make improvements to the Charleston Light only to the extent necessary to-- (1) provide utility service; and (2) maintain the existing structures and historic landscape. SEC. 6. REPEAL OF EXISTING LAW. Section 2 of the Joint Resolution entitled ``Joint Resolution to establish the Fort Sumter National Monument in the State of South Carolina'', approved April 28, 1948 (62 Stat. 204, chapter 239; 16 U.S.C. 450ee-1), is repealed. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.

Fort Sumter and Fort Moultrie National Historical Park Act of 2002 - Establishes Fort Sumter and Fort Moultrie National Historical Park in South Carolina as a unit of the National Park System to preserve, maintain, and interpret the nationally significant historical values and cultural resources associated with the forts. Authorizes the Secretary of the Interior to acquire lands within Park boundaries.Requires the Secretary of the Interior to provide for the interpretation of historical events and activities that occurred in the vicinity of Fort Sumter and Fort Moultrie, including: (1) the Battle of Sullivan's Island on June 28, 1776; (2) the bombardment of Fort Sumter by Confederate forces on April 12, 1861; (3) the development of the U.S. coastal defense system; and (4) the lives of the free and enslaved workers who built and maintained, the soldiers who defended, and the prisoners held at, the forts.Directs the Secretary of Transportation to: (1) repair, paint, remove hazardous substance from, and improve the condition of the Charleston Light; (2) make improvements to the Light only to the extent necessary to provide utility service and maintain the existing structures and historic landscape; and (3) transfer to the Secretary of the Interior administrative jurisdiction over and management of the Light for inclusion in the Park.

A bill to establish Fort Sumter and Fort Moultrie National Historical Park in the State of South Carolina, and for other purposes.

SECTION 1. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL RESIDENCE BY CERTAIN EMPLOYEES OF THE INTELLIGENCE COMMUNITY. (a) In General.--Subparagraph (A) of section 121(d)(9) of the Internal Revenue Code (relating to exclusion of gain from sale of principal residence) is amended by striking ``duty'' and all that follows and inserting ``duty-- ``(i) as a member of the uniformed services, ``(ii) as a member of the Foreign Service of the United States, or ``(iii) as an employee of the intelligence community.''. (b) Employee of Intelligence Community Defined.--Subparagraph (C) of section 121(d)(9) of the Internal Revenue Code of 1986 is amended by redesignating clause (iv) as clause (v) and by inserting after clause (iii) the following new clause: ``(iv) Employee of intelligence community.--The term `employee of the intelligence community' means an employee (as defined by section 2105 of title 5, United States Code) of-- ``(I) the Office of the Director of National Intelligence, ``(II) the Central Intelligence Agency, ``(III) the National Security Agency, ``(IV) the Defense Intelligence Agency, ``(V) the National Geospatial- Intelligence Agency, ``(VI) the National Reconnaissance Office, ``(VII) any other office within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs, ``(VIII) any of the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of Investigation, the Department of Treasury, the Department of Energy, and the Coast Guard, ``(IX) the Bureau of Intelligence and Research of the Department of State, or ``(X) any of the elements of the Department of Homeland Security concerned with the analyses of foreign intelligence information.''. (c) Special Rule.--Subparagraph (C) of section 121(d)(9) of the Internal Revenue Code of 1986, as amended by subsection (b), is amended by adding at the end the following new clause: ``(vi) Special rule relating to intelligence community.--An employee of the intelligence community shall not be treated as serving on qualified extended duty unless-- ``(I) for purposes of such duty such employee has moved from 1 duty station to another, and ``(II) at least 1 of such duty stations is located outside of the Washington, District of Columbia, and Baltimore metropolitan statistical areas (as defined by the Secretary of Commerce).''. (d) Conforming Amendment.--The heading for section 121(d)(9) of the Internal Revenue Code of 1986 is amended to read as follows: ``Uniformed services, foreign service, and intelligence community''. (e) Effective Date; Special Rule.-- (1) Effective date.--The amendments made by this section shall take effect as if included in the amendments made by section 312 of the Taxpayer Relief Act of 1997. (2) Waiver of limitations.--If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.

Amends the Internal Revenue Code to allow certain employees of the intelligence community to exclude from their gross income the gain from the sale of their principal residences without regard to otherwise applicable five-year residential use and holding requirements.

A bill to amend the Internal Revenue Code of 1986 to exclude from gross income the gain from the sale of a principal residence by certain employees of the intelligence community.

SECTION 1. SHORT TITLE. This Act may be cited as the ``College Cost Reduction Act of 2012''. SEC. 2. HIGHER EDUCATION REGULATORY REFORM TASK FORCE. (a) Task Force Established.--Not later than 6 months after the date of enactment of this Act, the Secretary of Education shall establish the Higher Education Regulatory Reform Task Force. (b) Membership.--The Higher Education Regulatory Reform Task Force shall include-- (1) the Secretary of Education or the Secretary's designee; (2) the head of each other Federal agency (or such head's designee) that the Secretary of Education determines to be relevant to the activities of the Higher Education Regulatory Reform Task Force; (3) a representative of the Advisory Committee on Student Financial Assistance established under section 491 of the Higher Education Act of 1965 (20 U.S.C. 1098); (4) representatives from the higher education community, including-- (A) institutions of higher education, with equal representation of public and private nonprofit institutions, and two-year and four-year institutions, and with not less than 25 percent of such representative institutions carrying out distance education programs; and (B) nonprofit organizations representing institutions of higher education; and (5) any other entity or individual the Secretary of Education determines appropriate. (c) Activities.-- (1) Report required.--Not later than one year after the date of enactment of this Act, the Secretary of Education shall submit to Congress and make available on a publicly available website a report (in this Act referred to as the ``Higher Education Regulatory Reform Report'') prepared by the Higher Education Regulatory Reform Task Force on Federal regulatory requirements for institutions of higher education. In prioritizing the review and consideration of such regulatory requirements for the purposes of the Higher Education Regulatory Reform Report, the Higher Education Regulatory Reform Task Force shall give highest priority to regulations related to-- (A) State authorization of distance education; (B) the Integrated Postsecondary Education Data System (IPEDS); (C) the Office of Management and Budget's A-21 Circular; (D) reporting under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act; (E) calculation of default rates under section 435(a) of the Higher Education Act of 1965; (F) gainful employment; (G) revenue requirements for institutions of higher education under section 487(a)(24) and (d) of the Higher Education Act of 1965; and (H) the Single Audit Act of 1984 and the Office of Management and Budget's A-133 Circular. (2) Contents of report.--The Higher Education Regulatory Reform Report shall contain the following with respect to regulatory requirements for institutions of higher education: (A) A list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome. (B) For each rule listed in accordance with subparagraph (A), an analysis of how the costs outweigh the benefits for such rule. (C) Recommendations to consolidate, modify, simplify, or repeal such rules to make such rules more effective or less burdensome. (D) A description of the justification for and impact of the recommendations described in subparagraph (C), as appropriate and available, including supporting data for such justifications and the financial impact of such recommendations on institutions of higher education of varying sizes and types. (E) Recommendations on the establishment of a permanent entity to review new regulatory requirements affecting institutions of higher education. (3) Notice and comment.--At least 60 days before submission of the Higher Education Regulatory Reform Report required under paragraph (1), the Secretary of Education shall publish the report in the Federal Register for public notice and comment. The Higher Education Regulatory Reform Task Force may modify the report in response to any comments received before submission of the report to Congress. (d) Definition of Institution of Higher Education.--For the purposes of this section, the term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 3. EXPEDITED CONSIDERATION BY CONGRESS. (a) Presentation of Higher Education Regulatory Reform Report to Congress and Expedited Consideration.-- (1) In general.--The President shall propose, at the time and in the manner provided in paragraph (2), the carrying out of all or part of the recommendations contained in the Higher Education Regulatory Reform Report prepared by the Higher Education Regulatory Reform Task Force in accordance with section 2. (2) Transmittal of special message.-- (A) Message requirements.--Not later than 120 days after the submission of the Higher Education Regulatory Reform Report to Congress under section 2(c), the President shall transmit to Congress a special message to carry out all or part of the recommendations contained in such Report. The President shall include with that special message a bill that would carry out the recommendations. The President may not transmit more than one such special message each year. (B) Bill text.--The President shall include in the bill required under subparagraph (A), without amendment, the following text: ``SEC. 2. CONTROLLING RISING COLLEGE COSTS. ``(a) Controlling Rising College Costs.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations that-- ``(1) require institutions of higher education to control annual tuition increases; and ``(2) establish penalties for institutions of higher education that do not comply with the regulations promulgated under paragraph (1), taking into account the affects of such penalties on various types of institutions and the specific circumstances of institutions that may result in such noncompliance, including failure of States to adhere to maintenance of effort requirements under section 137 of the Higher Education Act of 1965 (20 U.S.C. 1015f). ``(b) Inapplicability of Rulemaking Requirements.--Section 482(c) and section 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c); 1098a) shall not apply to the regulations required by this section. ``(c) Definitions.--For purposes of this section: ``(1) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(2) Annual tuition.--The term `tuition' means the average annual cost of tuition and fees for an institution of higher education for first-time, full-time undergraduate students enrolled in the institution.''. (3) Expedited consideration of president's higher education regulatory reform bill.-- (A) Higher education regulatory reform bill.-- Within 14 days after the President submits to Congress a bill under paragraph (2), the majority leader of the House of Representatives and the majority leader of the Senate shall each introduce such bill, by request. (B) Consideration in the house of representatives.-- (i) Referral and reporting.--Any committee of the House of Representatives to which such bill is referred shall report it to the House without amendment not later than the 14th legislative day after the date of its introduction. If a committee fails to report the bill within that period or the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, such committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Proceeding to consideration.--Not later than 21 legislative days after such bill is reported or a committee has been discharged from further consideration thereof, it shall be in order to move to proceed to consider such bill in the House. Such a motion shall be highly privileged and not debatable, and shall be in order only at a time designated by the Speaker in the legislative schedule within two legislative days after the day on which the proponent announces an intention to the House to offer the motion provided that such notice may not be given until such bill is reported or a committee has been discharged from further consideration thereof. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that special message. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iii) Consideration.--If the motion to proceed is agreed to, the House shall immediately proceed to consider such bill in the House without intervening motion. Such bill shall be considered as read. All points of order against the bill and against its consideration are waived. The previous question shall be considered as ordered on the bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the bill. A motion to reconsider the vote on passage of the bill shall not be in order. (C) Consideration in the senate.-- (i) Committee action.--The appropriate committee of the Senate shall report without amendment the bill referred to in subparagraph (A) not later than the seventh session day after introduction. If a committee fails to report the bill within that period or the Senate has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, the Committee shall be automatically discharged from further consideration of the bill and it shall be placed on the appropriate calendar. (ii) Motion to proceed.--Not later than 3 session days after the bill is reported in the Senate or the committee has been discharged thereof, it shall be in order for any Senator to move to proceed to consider the bill in the Senate. The motion shall be decided without debate and the motion to reconsider shall be deemed to have been laid on the table. Such a motion shall not be in order after the Senate has disposed of a prior motion to proceed with respect to the draft bill. (iii) Consideration.--If a motion to proceed to the consideration of the draft bill is agreed to, the Senate shall immediately proceed to consideration of the draft bill without intervening motion, order, or other business, and the draft bill shall remain the unfinished business of the Senate until disposed of. Consideration on the bill in the Senate under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours equally divided in the usual form. All points of order against the draft bill or its consideration are waived. Consideration in the Senate on any debatable motion or appeal in connection with the draft bill shall be limited to not more than 10 hours. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the draft bill is not in order. A motion to reconsider the vote by which the draft bill is agreed to or disagreed to is not in order. (D) Amendments prohibited.--No amendment to, or motion to strike a provision from, the draft bill considered under this section shall be in order in either the House of Representatives or the Senate. (E) Coordination with action by other house.--If, before passing the bill, one House receives from the other a bill-- (i) the bill of the other House shall not be referred to a committee; and (ii) the procedure in the receiving House shall be the same as if no bill had been received from the other House until the vote on passage, when the bill received from the other House shall supplant the bill of the receiving House. (F) Limitation.--This paragraph shall apply only to the bill referred to in subparagraph (A), introduced pursuant to such subparagraph. (b) Definition.--For purposes of this section, continuity of a session of either House of Congress shall be considered as broken only by an adjournment of that House sine die, and the days on which that House is not in session because of an adjournment of more than 3 days to a date certain shall be excluded in the computation of any period.

College Cost Reduction Act of 2012 - Directs the Secretary of Education to establish the Higher Education Regulatory Reform Task Force to prepare a report, that is to be submitted to Congress and made available on a publicly accessible website, on federal regulatory requirements for institutions of higher education (IHEs). Requires the report to contain: (1) a list of rules that are determined to be outmoded, duplicative, ineffective, or excessively burdensome; (2) an analysis of how the costs of such rules outweigh their benefits; (3) recommendations to consolidate, modify, simplify, or repeal such rules and a description of the justification for and impact of such recommendations; and (4) recommendations on establishing a permanent entity to review new regulatory requirements affecting IHEs. Requires the President to submit to Congress a legislative proposal for carrying out some or all of the recommendations contained in the report. Includes, as part of that proposal, a requirement that the Secretary promulgate regulations requiring IHEs to control annual tuition increases and penalizing noncompliant schools. Establishes congressional procedures to expedite consideration of the President's proposal.

To establish the Higher Education Regulatory Reform Task Force, to establish procedures for the presentation and expedited consideration by Congress of the recommendations of the Higher Education Regulatory Reform Task Force, to establish requirements for college cost reduction, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Remote Monitoring Access Act of 2008''. SEC. 2. REMOTE PATIENT MANAGEMENT SERVICES FOR CHRONIC HEALTH CONDITIONS UNDER THE MEDICARE PROGRAM. (a) Coverage of Remote Patient Management Services for Certain Chronic Health Conditions.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (Z), by striking ``and'' at the end; (B) in subparagraph (AA), by inserting ``and'' at the end; and (C) by inserting after subparagraph (AA) the following new subparagraph: ``(BB) remote patient management services (as defined in subsection (ccc));''. (2) Services described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``(ccc) Remote Patient Management Services for Chronic Health Conditions.--(1) The term `remote patient management services' means the remote monitoring, evaluation, and management of an individual with a covered chronic health condition (as defined in paragraph (2)), insofar as such monitoring, evaluation, and management is with respect to such condition, through the utilization of a system of technology that allows a remote interface to collect and transmit clinical data between the individual and the responsible physician (as defined in subsection (r)) or supplier (as defined in subsection (d)) for the purposes of clinical review or response by the physician or supplier. ``(2) For purposes of paragraph (1), the term `covered chronic health condition' means-- ``(A) heart failure; and ``(B) cardiac arrhythmia. ``(3)(A) Not later than January 1, 2010, the Secretary, in consultation with appropriate physician and supplier groups, shall develop guidelines on the frequency of billing for remote patient management services. Such guidelines shall be determined based on medical necessity and shall be sufficient to ensure appropriate and timely monitoring of individuals being furnished such services. ``(B) The Secretary shall do the following: ``(i) Not later than 2 years after the date of the enactment of this subsection, develop, in consultation with appropriate physician and supplier groups, standards (governing such matters as qualifications of personnel and the maintenance of equipment) for remote patient management services for the covered chronic health conditions specified in subparagraphs (A) and (B) of paragraph (2). ``(ii) Periodically review and update such standards under this subparagraph as necessary.''. (3) Payment under the physician fee schedule.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended-- (A) in subsection (c)-- (i) in paragraph (2)((B)-- (I) in clause (ii)(II), by striking ``and (v)'' and inserting ``(v), (and (vi)''; and (II) by adding at the end the following new clause: ``(vi) Budgetary treatment of certain services.--The additional expenditures attributable to services described in section 1861(s)(2)(BB) shall not be taken into account in applying clause (ii)(II) for 2010.''; and (ii) by adding at the end the following new paragraph: ``(7) Treatment of remote patient management services.-- ``(A) In determining relative value units for remote patient management services (as defined in section 1861(ccc)), the Secretary, in consultation with appropriate physician groups, shall take into consideration-- ``(i) physician resources, including physician time and the level of intensity of services provided, based on-- ``(I) the frequency of evaluation necessary to manage the individual being furnished the services; ``(II) the complexity of the evaluation, including the information that must be obtained, reviewed, and analyzed; and ``(III) the number of possible diagnoses and the number of management options that must be considered; and ``(ii) practice expense costs associated with such services, including installation and information transmittal costs, costs of remote patient management technology (including equipment and software), and resource costs necessary for patient monitoring and follow-up (but not including costs of any related item or non-physician service otherwise reimbursed under this title). ``(iii) malpractice expense resources. ``(B) Using the relative value units determined in subparagraph (A), the Secretary shall provide for separate payment for such services and shall not adjust the relative value units assigned to other services that might otherwise have been determined to include such separately paid remote patient management services.''; and (B) in subsection (j)(3), by inserting ``(2)(BB)'' after ``(2)(AA),''. (4) Effective date.-- (A) In general.--The amendments made by this section shall apply to services furnished on or after January 1, 2010 without regard to whether the guidelines under paragraph (3)(A) or the standards under paragraph (3)(B) of section 1861(ccc) of the Social Security Act (as added by paragraph (2)) have been developed. (B) Availability of codes as of january 1, 2010.-- The Secretary of Health and Human Services shall-- (i) promptly evaluate existing codes that would be used to bill for remote patient management services (as defined in paragraph (1) of such section 1861(ccc), as so added) under title XVIII of the Social Security Act; and (ii) if the Secretary determines that new codes are necessary to ensure accurate reporting and billing of such services under such title, issue such codes so that they are available for use as of January 1, 2010. (b) Demonstration Project for the Coverage of Remote Patient Management Services for Additional Chronic Health Conditions Under the Medicare Program.-- (1) Establishment.-- (A) In general.--The Secretary shall establish a demonstration project for the purpose of evaluating the impact and benefits of covering under the Medicare program remote patient management services for certain chronic health conditions. (B) Consultation.--In establishing the demonstration project, the Secretary shall consult with appropriate physician and supplier groups, eligible beneficiaries, and organizations representing eligible beneficiaries. (C) Participation.--Any eligible beneficiary may participate in the demonstration project on a voluntary basis. (2) Conduct of the demonstration project.-- (A) Sites.-- (i) Selection of demonstration sites.--The Secretary shall conduct the demonstration project at 3 sites. (ii) Geographic diversity.--In selecting the sites under clause (i), the Secretary shall ensure that at least 1 of the sites is in a rural area. (B) Implementation; duration.-- (i) Implementation.--The Secretary shall implement the demonstration project not later than January 1, 2010. (ii) Duration.--The Secretary shall complete the demonstration project by the date that is 2 years after the date on which the demonstration project is implemented. (3) Evaluation and report.-- (A) Evaluation.--The Secretary shall conduct an evaluation of the demonstration project-- (i) to determine improvements in the quality of care and utilization of services received by eligible beneficiaries participating in the demonstration project; (ii) to determine the cost of providing payment for remote monitoring services under the Medicare program; (iii) to determine the satisfaction of eligible beneficiaries participating in the demonstration projects; and (iv) to evaluate such other matters as the Secretary determines is appropriate. (4) Waiver authority.--The Secretary may waive such provisions of titles XI and XVIII of the Social Security Act as the Secretary determines to be appropriate for the conduct of the demonstration project. (5) Funding.-- (A) Demonstration.-- (i) In general.--Subject to clause (ii), the Secretary shall provide for the transfer from the Federal Supplementary Medical Trust Fund under section 1841 of the Social Security Act (42 U.S.C. 1395t) of such funds as are necessary for the costs of carrying out the demonstration project. (ii) Cap on expenditures.--The amount transferred under clause (i) for the period during which the demonstration project is conducted may not exceed an amount equal to the lesser of-- (I) $9,000,000; or (II) an amount equal to the costs of providing remote monitoring services to 7,500 individuals during such period. (B) Evaluation and report.--There are authorized to be appropriated such sums as are necessary for the purpose of conducting the evaluation and developing and submitting the report to Congress under paragraph (3). (6) Definitions.--In this section: (A) Remote patient management services.--The term ``remote patient management services'' means the remote monitoring, evaluation, and management of an individual with a covered chronic health condition (as defined in paragraph (B)), insofar as such monitoring, evaluation, and management is with respect to such condition, through the utilization of a system of technology that allows a remote interface to collect and transmit clinical data between the individual and the responsible physician (as defined in subsection (r) of section 1861 of the Social Security Act (42 U.S.C. 1395X))) or supplier (as defined in subsection (d) of such section) for the purposes of clinical review or response by the physician or supplier. (B) Covered chronic health condition.--The term ``covered chronic health condition'' means diabetes, sleep apnea, or epilepsy. (C) Demonstration project.--The term ``demonstration project'' means a demonstration project conducted under this subsection. (D) Eligible beneficiary.--The term ``eligible beneficiary'' means an individual who is enrolled under part B of the Medicare program and has a covered chronic health condition. (E) Medicare program.--The term ``Medicare program'' means the health benefits program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (F) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

Medicare Remote Monitoring Access Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to cover remote patient management services for certain chronic health conditions. Directs the Secretary to establish a demonstration project for evaluating the impact and benefits of covering under the Medicare program remote patient management services for certain chronic health conditions.

To amend title XVIII of the Social Security Act to cover remote patient management services for certain chronic health conditions under the Medicare Program.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Industrial Regulatory Relief Commission Act''. SEC. 2. ESTABLISHMENT. There is established an independent commission to be known as the ``Industrial Regulatory Relief Commission'' (hereinafter in this Act referred to as the ``Commission''). SEC. 3. PURPOSE OF COMMISSION. (a) In General.--The purpose of the Commission is to develop and submit, to the President and the Congress, recommendations for reducing the regulatory burden to the manufacturing, housing, and biotechnology industries nationwide. (b) Requirements.--The recommendations of the Commission shall be developed in a manner so as to promote investment in the industries specified in subsection (a). SEC. 4. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 8 members appointed by the President, by and with the advice and consent of the Senate. (2) Nominations.--The President shall submit to the Senate the President's nominations for appointment to the Commission no later than 30 days after the date of the enactment of this Act. (b) Consultation.--In selecting individuals for nomination for appointment to the Commission, the President shall consult with-- (1) the Speaker of the House of Representatives concerning the appointment of 2 members; (2) the majority leader of the Senate concerning the appointment of 1 member; (3) the minority leader of the House of Representatives concerning the appointment of 1 member; and (4) the minority leader of the Senate concerning the appointment of 1 member. (c) Chairman.--At the time the President nominates individuals for appointment to the Commission, the President shall designate 1 such individual to serve as Chairman of the Commission. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Meetings.-- (1) Frequency.--The Commission shall meet at the call of the Chairman or a majority of its members. (2) Open meetings.--Each meeting of the Commission shall be open to the public. (f) Pay.--Each member shall be paid at the rate equal to the daily equivalent of the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of duties vested in the Commission. SEC. 5. STAFF. The Commission may appoint and fix the pay of such personnel as it considers appropriate, except that not more than one-third of the personnel employed by or detailed to the Commission may be on detail from a Federal agency. SEC. 6. REPORTING REQUIREMENTS. (a) Relating to the Commission.--The Commission shall transmit a report to the President and the Congress not later than 90 days after the Commission is appointed. Such report shall contain the recommendations of the Commission (as described in section 3(a)), including recommendations relating to any legislation or other measures which the Commission considers necessary, with particular attention to the methodology used by the Commission. (b) Relating to the President.--The President shall transmit a written report to the Congress, not later than 10 days after receiving the report of the Commission, in which the President shall indicate-- (1) approval, in which case the Congress shall introduce these recommendations as a joint resolution; or (2) disapproval, in which case the President shall submit changes to the Commission within 10 days. The Commission shall have an additional 10 days to consider changes submitted to the President and submit a final report to Congress. SEC. 7. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT. (a) Terms of the Resolution.--For purposes of this Act, the term ``joint resolution'' means only a joint resolution which is introduced within a 10-day period beginning on the date on which the President or the Commission transmits the report to Congress and-- (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: ``That Congress approves the recommendations of the Industrial Regulatory Relief Commission as submitted by the President on ________________'', the blank space being filled by the appropriate date; and (3) the title of which is as follows: ``Joint resolution approving the recommendations of the Industrial Regulatory Relief Commission.''. (b) Referral.--A resolution described in subsection (a) that is introduced in the House of Representatives shall be referred to the Committee on ____________. A resolution described in subsection (a) introduced in the Senate shall be referred to the Committee on __________________________. (c) Discharge.--If the committee to which a resolution described in subsection (a) is referred has not reported such resolution (or an identical resolution) by the end of the 20-day period beginning on the date on which the President transmits a report to the Congress under section 6(b), such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (d) Consideration.--(1) On or after the third day after the date on which the committee to which the resolution is referred has reported, or has been discharged, it shall be in order for any Member of the respective House to move to proceed to the consideration of the resolution (but only on the day after the calendar day on which such Member announces to the House concerned the Member's intention to do so). All points of order against the resolution and against consideration of the resolution are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to is not in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion to further limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Immediately following conclusion of the debate on a resolution described in subsection (a) and a single quorum call at the conclusion of the debate is requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution described in subsection (a) shall be decided without debate. (e) Consideration by the Other House.--(1) If, before the passage by one House of a resolution of that House described in subsection (a), that House receives from the other House a resolution described in subsection (a), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii). (B) With respect to a resolution described in subsection (a) of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no resolution had been received from the other House; but (ii) the vote on final passage shall be on the resolution of the other House. (2) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (f) Rules of the Senate and House.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 8. TERMINATION. The Commission shall terminate as of the date on which it transmits its final report under section 6(b)(2).

Industrial Regulatory Relief Commission Act - Establishes the Industrial Regulatory Relief Commission to develop and submit to the President and the Congress recommendations for reducing the regulatory burden to the manufacturing, housing, and biotechnology industries nationwide so as to promote investment in those industries. Requires: (1) the Commission to report its recommendations to the President within 90 days; (2) the President to report his approval or disapproval of the recommendations to the Congress within ten days; (3) the Congress to introduce approved recommendations as a joint resolution; and (4) the Commission to have an additional ten days to consider changes submitted by the President to disapproved recommendations and to submit a final report to the Congress. Sets forth procedures for congressional consideration of a joint resolution approving the recommendations submitted by the President.

Industrial Regulatory Relief Commission Act

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Internet Consumer Information Protection Act''. (b) Findings.--The Congress finds the following: (1) Internet technology is evolving and increasingly used as a medium for interaction between consumers and businesses. (2) An expanding share of transactions taking place on-line has lead to greater consumer choice but also public concern regarding the use of personal information and personal privacy. (3) Use of data garnered via the Internet must be regulated, keeping in mind the unique nature of this medium, in a way which allows consumers to make informed choices and does not impede normal business activity. SEC. 2. REGULATION OF USE BY AN INTERACTIVE COMPUTER SERVICE OF A SUBSCRIBER'S PERSONALLY IDENTIFIABLE INFORMATION. (a) Privacy Policy.--It is the policy of the Congress that each interactive computer service has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers' nonpublic personal information that is shared or encountered in service and transactions with consumers. (b) Disclosure of Personally Identifiable Information Without Consent Prohibited.-- (1) In general.--An interactive computer service shall not disclose to a third party any personally identifiable information provided by a subscriber to such service unless-- (A) such service has provided to the subscriber a notice that complies with paragraph (2); (B) such service clearly and conspicuously discloses to the subscriber, in writing or in electronic form, that such information may be disclosed to such third parties; (C) the subsciber is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third parties; and (D) the subsciber is given an explanation of how the subsciber can exercise that nondisclosure option. (2) Notice.--The notice required by paragraph (1)(A) shall include the policy and practices of the interactive computer service with respect to disclosing nonpublic personal information to third parties. (3) Exception.--This subsection shall not prohibit an interactive computer service from providing personally identifiable information to a third party for the performance of services or functions of the interactive computer service, other than for marketing purposes. (c) Knowing Disclosure of Falsified Personally Identifiable Information Prohibited.--An interactive computer service or an employee of such service shall not knowingly disclose to a third party any personally identifiable information provided by a subscriber to such service that such service, or such employee, has knowingly falsified. (d) Subscriber Access to Personally Identifiable Information.-- (1) In general.--At a subscriber's request, an interactive computer service shall-- (A) provide the subscriber's personally identifiable information maintained by the service to the subscriber; (B) permit the subscriber to verify such information maintained by the service; and (C) permit the subscriber to correct any error in such information. (2) Fee.--The service shall not charge a fee to the subscriber for making available the information under this subsection. SEC. 3. ENFORCEMENT AND RELIEF. (a) Federal Trade Commission.--The Federal Trade Commission shall have the authority-- (1) to establish personal data guidelines that may be employed by entities to comply with the provisions of this act; and (2) to examine and investigate an interactive computer service to determine whether such service has been or is engaged in any act or practice prohibited by this Act. (b) Relief.-- (1) Cease and desist order.--If the Federal Trade Commission determines an interactive computer service has been or is engaged in any act or practice prohibited by this Act, the Commission may issue a cease and desist order as if such service were in violation of section 5 of the Federal Trade Commission Act. (2) Civil action.--A subscriber aggrieved by a violation of section 2 may in a civil action obtain appropriate relief. SEC. 4. RIGHTS AND REMEDIES NOT EXCLUSIVE. The rights and remedies provided by this Act are in addition to, and not in lieu of, any and all other rights and remedies that may be available under Federal or State law. SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``interactive computer service'' means any information service that provides computer access to multiple users via modem to the Internet; (2) the term ``Internet'' means the international computer network of both Federal and non-Federal interoperable packet switched data networks; (3) the term ``personally identifiable information'' has the meaning given such term in section 631 of the Communications Act of 1934 (47 U.S.C. 551); (4) the term ``third party'' means, with respect to the disclosure of personally identifiable information provided by a subscriber to an interactive computer service, a person or other entity other than-- (A) such service; (B) an employee of such service; (C) an affiliate of such service; or (D) that subscriber to such service. (5) the term ``affiliate'' means any company that controls, is controlled by, or is under common control with another company.

Internet Consumer Information Protection Act - Prohibits, with limited exceptions, an interactive computer service from disclosing to a third party any personally identifiable information provided by a subscriber without such subscriber's consent. Prohibits such service or its employee from knowingly disclosing to a third party any personally identifiable information provided by a subscriber that such service has knowingly falsified. Requires, at a subscriber's request, such service to: (1) provide the subscriber's personally identifiable information maintained by the service; and (2) permit the subscriber to verify and correct such information. Prohibits the service from charging a fee for such information. Grants the Federal Trade Commission the authority to: (1) investigate whether a service has been or is engaged in any act or practice prohibited by this Act; and (2) if so, issue a cease and desist order if such service were in violation of specified provisions of the Federal Trade Commission Act. Allows a subscriber aggrieved by a violation of this Act to obtain appropriate relief in a civil action.

Internet Consumer Information Protection Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Mine Communications Technology Innovation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The failure of miner tracking and communications devices or lack thereof in mines severely hampers rescue efforts in the event of emergencies. (2) Mines, particularly underground mines, have properties that present unique technical challenges for the integration of currently available tracking and communications systems. These properties include the lack of a clear path or open air which is required for radio signals and WiFi. Additionally, because coal is an absorptive material, less than 10 percent of the radio spectrum that is used above ground can be used underground. A fraction of that (only about 1 percent) radio spectrum is actually allocated for commercial communications purposes. As a consequence, the availability of miner communication equipment is severely limited. (3) Research and experience have shown that communications and tracking systems may not work equally well in every mine or in every emergency situation, and therefore several different systems may be necessary for development and integration. (4) Because of the serious challenges of the mine environment and the limited market provided by the mining industry, much needed technology has not yet been developed by the private sector or is not commercially available in the United States. (5) Furthermore, due to the regulatory structure of the industry and the lengthy approval process for mine tracking and communications systems, research must be accelerated so that next generation technology can be quickly and efficiently integrated into mines to protect the safety of miners. (6) The National Institute of Standards and Technology is well positioned to help accelerate the development of mining tracking and communications technology. The National Institute of Standards and Technology has a long history of working in conjunction with industry to invest in longer-term, high-risk research which yields national benefits far beyond private payoff. Further, the National Institute of Standards and Technology builds partnerships with industry to leverage existing research and development to drive next generation technology. (7) The National Institute of Standards and Technology is well-positioned to accelerate development of consensus mining communications standards given the extensive work that the organization has done in the field of emergency communications to develop standards and technologies for interoperable wireless telecommunications and information systems. (8) In developing such standards, the National Institute of Standards and Technology should work in cooperation with the National Institute for Occupational Safety and Health and the Mine Safety and Health Administration, and other relevant public and private stakeholders, to build on existing technology and knowledge regarding mine communications systems. SEC. 3. MINE COMMUNICATIONS AND TRACKING RESEARCH AND DEVELOPMENT PROGRAM AUTHORIZATION. (a) Establishment.--The Director of the National Institute of Standards and Technology shall provide for the establishment of a program of research, development, and demonstration that includes the establishment of best practices, adaptation of existing technology, and efforts to accelerate the development of next generation technology and tracking systems for mine communications. (b) Coordination.--In carrying out this section, the Director shall coordinate with relevant Federal agencies and industry to evaluate areas of research and development and best practices that will be most promising in protecting miner safety. (c) Optional Focus.--In establishing this program, the Director may focus on the following communications and tracking system characteristics: (1) Systems that are likely to work in emergency situations. (2) Systems that work in coal mines, with special attention paid to deep underground coal mines. (3) Systems that provide coverage throughout all areas of the mine. (4) Hybrid systems that use both wireless and infrastructure based systems. (5) Functionality for 2-way and voice communications. (6) Systems that serve emergency and routine communications needs. (7) The ability to work with existing legacy systems and to be quickly integrated. (8) Propagation environment characterization, performance metrics, and independently derived validation tests to verify performance for standards development. SEC. 4. STANDARDS REGARDING UNDERGROUND COMMUNICATIONS. Consistent with Office of Management and Budget Circular A-119, the Director of the National Institute of Standards and Technology shall work with industry and relevant Federal agencies to develop consensus industry standards for communications in underground mines. The Director shall also develop and provide any needed measurement services to support implementation of these standards. In their efforts to help develop these standards and related measurement services, the following issues should be addressed: (1) The appropriate use of frequency bands and power levels. (2) Matters related to interoperability of systems, applications, and devices. (3) Technology to prevent interference. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Institute of Standards and Technology such sums as are necessary for carrying out this Act for fiscal years 2009 and 2010, to be derived from amounts authorized under section 3001 of the America COMPETES Act.

Mine Communications Technology Innovation Act - Requires the Director of the National Institute of Standards and Technology to establish a program of research, development, and demonstration that includes the establishment of best practices, adaptation of existing technology, and efforts to accelerate the development of next generation technology and tracking systems for mine communications. Requires the Director to coordinate with federal agencies and industry to evaluate areas of research and development and best practices that will be most promising in protecting miner safety. Authorizes the Director, in establishing the program, to focus on the following communications and tracking system characteristics: (1) systems that are likely to work in emergency situations; (2) systems that work in coal mines, with special attention paid to deep underground coal mines; (3) systems that provide coverage throughout all areas of the mine; (4) hybrid systems that use both wireless and infrastructure-based systems; (5) functionality for two-way and voice communications; (6) systems that serve emergency and routine communications needs; (7) the ability to work with existing legacy systems and to be quickly integrated; and (8) propagation environment characterization, performance metrics, and independently derived validation tests to verify performance for standards development. Requires the Director to: (1) work with industry and federal agencies to develop consensus industry standards for communications in underground mines; and (2) develop and provide measurement services needed to support implementation of such standards, which should address the appropriate use of frequency bands and power levels, matters related to interoperability, and technology to prevent interference.

A bill to require the Director of the National Institute of Standards and Technology to establish an initiative to promote the research, development, and demonstration of miner tracking and communications systems and to promote the establishment of standards and other measurement services regarding underground communications to protect miners in the United States.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Harassment Prevention Act of 1994''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Sexual harassment in employment persists widely in the workplace, although it violates title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) and adversely affects employees. (2) According to guidelines issued by the Equal Employment Opportunity Commission in 1980, the most effective tool for eliminating sexual harassment is prevention. (3) The Merit Systems Protection Board found in 1981 and 1988 surveys of Federal Government employees that 42 percent of female employees and 14 percent of male employees questioned had experienced some kind of harassment in employment. The American Psychological Association estimates that at least 50 percent of all working women have been sexually harassed at the workplace during their careers. (4) The vast majority of sexual harassment episodes go unreported to a supervisory employee or other individual designated by the employer. Only 5 percent of the Government employees who indicated in the 1988 Merit Systems Protection Board survey that they had been harassed filed a formal complaint or requested an investigation of the harassment. (5) Sexual harassment has a significant cost for employees and employers. A 1988 study by Working Woman Magazine shows that sexual harassment costs a typical ``Fortune 500'' employer $6,000,000, or $292.53 per employee, each year. The same study estimates that it is 34 times more expensive for such an employer to ignore the problem than to establish effective programs and policies to address the problem. (b) Purposes.--The purposes of this Act are-- (1) to establish workplace requirements that will reduce the incidence of sexual harassment in employment; (2) to provide a low-cost system to assist employers to establish programs and policies to prevent sexual harassment in employment; (3) to raise the awareness of employees of the definition of sexual harassment and of available avenues of redress; and (4) to increase the authority and capacity of the Equal Employment Opportunity Commission, and other enforcement agencies, to assist in preventing sexual harassment in employment. SEC. 3. EMPLOYER REQUIREMENTS. (a) Posting of Notice in the Workplace.--Each employer shall post and keep posted in conspicuous places upon its premises where notices to employees and applicants for employment are customarily posted, a notice that shall be prepared or approved by the appropriate primary enforcement agency and shall set forth-- (1) the definition of sexual harassment found in section 1604.11(a) of title 29, Code of Federal Regulations (or any corresponding similar regulation); (2) the fact that sexual harassment in employment is a violation of Federal law; (3) information describing how to file with the primary enforcement agency a complaint alleging such harassment, including information on the time periods within which an alleged victim of discrimination (including sexual harassment) must file a charge with the primary enforcement agency, or a State or local fair employment agency, in order to satisfy the applicable statute of limitations; (4) an address, and the toll-free telephone number, to be used to contact the appropriate enforcement agency regarding such harassment or compliance with the requirements of this Act; and (5) such other information as the primary enforcement agency may require. (b) Separate Notice to Individual Employees.-- (1) Contents.--Each employer shall provide annually to each employee individually a written notice that includes-- (A) the information specified in paragraphs (1) through (4) of subsection (a); (B) a description of the procedures established by such employer to resolve allegations of sexual harassment in employment; and (C) such other information as the appropriate primary enforcement agency may require. (2) Manner of notice.--Such notice shall be provided in a manner that ensures that such employee actually receives such notice. (c) Management Information for Supervisory Employees.--Not later than 60 days after an employer places an individual in a supervisory employment position or 1 year after the date of the enactment of this Act, whichever occurs later, such employer shall provide to the supervisory employee information specifying the responsibilities of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment in employment. (d) Civil Penalty.--A willful violation of this section shall be punishable by a civil penalty of not more than $1,000 for each separate violation. SEC. 4. DUTIES OF THE ENFORCEMENT AGENCIES. (a) Technical Assistance Materials.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, each primary enforcement agency shall prepare and make available to employers at no cost to the employers (by publication in the Federal Register or other means)-- (A) a model notice of the kind required by section 3(a) to be posted; (B) a model notice of the kind required by section 3(b) to be provided to employees; and (C) voluntary guidelines for the establishment of policies and procedures by employers to address allegations of discrimination (including sexual harassment) in employment. (2) Revisions.--The primary enforcement agency shall periodically review and, as appropriate, revise the notices and guidelines described in subparagraphs (A) through (C) of paragraph (1). (b) Toll-Free Telephone Number.--Not later than 180 days after the date of the enactment of this Act, the primary enforcement agency shall provide a toll-free telephone number for use by employees and employers in the United States to obtain-- (1) information regarding compliance with this Act; and (2) the model notices and guidelines prepared under subsection (a). SEC. 5. ENFORCEMENT. (a) Private Employees; Executive Employees; Employees of Instrumentalities; State Employees.--If an employee described in subparagraph (A), (B), (E), or (F) of section 6(2) alleges a violation of section 3, the Commission shall enforce the section in the same manner as the Commission enforces section 711 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10). (b) House of Representatives Employees.-- (1) Hearing.--If an employee described in section 6(2)(C) alleges a violation of section 3, the Office of Fair Employment Practices of the House of Representatives (or such entity as the House of Representatives may designate) shall consider the allegation in accordance with the hearing procedures provided in clause 6 of Rule LI of the Rules of the House of Representatives of the 103d Congress (or any other provision that continues in effect the provisions of such rule). In carrying out such procedures, such Office or entity shall permit an employee, or a representative of the Office or entity, to file a complaint not later than 180 days after the alleged violation, and shall not require compliance with any counseling and mediation procedures provided in such rule or provision. (2) Review.--Any party to a proceeding conducted under paragraph (1) may seek review of a final decision resulting from such proceeding. Such review shall be conducted by such Office or entity in accordance with the review procedures provided in clause 7 of such rule (or such other provision). (3) Procedures.--In conducting a proceeding under paragraph (1) or (2), such Office or entity shall conduct the proceeding in accordance with any requirement of such rule (or such other provision) that relates to such a proceeding, including a requirement relating to agreements, costs, closed hearings and confidentiality, and requests for witnesses and information. (4) Remedies.--Following a proceeding under paragraph (1) or (2), if the Office or entity finds that an employer is not in compliance with section 3, such Office or entity may order the civil penalty described in section 3(d). (c) Senate Employees.-- (1) Hearing.--If an employee described in section 6(2)(D) alleges a violation of section 3, the Office of Senate Fair Employment Practices (or such entity as the Senate may designate) shall consider the allegation in accordance with the hearing procedures provided in section 307 of the Government Employee Rights Act of 1991 (2 U.S.C. 1207) (or any other provision that continues in effect the provisions of such Act). In carrying out such procedures, such Office or entity shall permit an employee, or a representative of such Office or entity, to file a complaint not later than 180 days after the alleged violation, and shall not require compliance with any counseling and mediation procedures provided in such Act or provision. (2) Review.--Any party to a proceeding conducted under paragraph (1) may seek review of a final decision resulting from such proceeding. Such review shall be conducted by the Select Committee on Ethics (or by such entity as the Senate may designate) in accordance with the review procedures provided in section 308 of such Act (or such other provision). (3) Judicial review.--Any party to a proceeding conducted under paragraph (2) may seek review of a final decision resulting from such proceeding. Such review shall be conducted by the United States Court of Appeals for the Federal Circuit in accordance with the procedures provided in section 309 of such Act. (4) Procedures.--In conducting a proceeding under paragraph (1) or (2), the appropriate Office, Committee, or entity shall conduct the proceeding in accordance with any requirement of such Act (or such other provision) that relates to such a proceeding, including a requirement relating to agreements, costs, closed hearings and confidentiality, and requests for witnesses and information. (5) Remedies.--Following a proceeding under paragraph (1), (2), or (3), if the appropriate Office, Committee, entity, or court finds that an employer is not in compliance with section 3, the Office, Committee, entity, or court may order the civil penalty described in section 3(d). SEC. 6. DEFINITIONS. As used in this Act: (1) Commission.--The term ``Commission'' means the Equal Employment Opportunity Commission. (2) Employee.--The term ``employee'' means-- (A) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) an employee referred to in section 717(a) of such Act (42 U.S.C. 2000e-16(a)); (C) an employee in an employment position of the House of Representatives; (D) a Senate employee as defined in section 301(c)(1) of the Government Employee Rights Act of 1991 (2 U.S.C. 1201(c)(1)); (E) an employee (other than an employee described in subparagraph (B) or (D)) in an employment position of an instrumentality of the Congress; and (F) an individual referred to in section 321(a) of the Civil Rights Act of 1991 (2 U.S.C. 1220(a)). (3) Employer.--The term ``employer'' means-- (A) an employer as defined in section 701(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)); (B) a Federal entity, or entity of the Government of the District of Columbia, to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a)) applies; (C) an employing authority of the House of Representatives, of the Senate, or of an instrumentality of the Congress; and (D) an elected official described in section 321(a) of the Civil Rights Act of 1991. (4) Instrumentality of the congress.--The term ``instrumentality of the Congress'' means the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the United States Botanic Garden, and any other office of the legislative branch of the Federal Government. (5) Primary enforcement agency.--The term ``primary enforcement agency'' means-- (A) with respect to any matter relating to an allegation of sexual harassment of an employee described in subparagraph (A), (B), (E), or (F) of paragraph (2), the Commission; (B) with respect to any matter relating to an allegation of sexual harassment of an employee described in paragraph (2)(C), the Office of Fair Employment Practices of the House of Representatives (or such entity as the House of Representatives may designate); and (C) with respect to any matter relating to an allegation of sexual harassment of an employee described in paragraph (2)(D), the Office of Senate Fair Employment Practices (or such entity as the Senate may designate). (6) Sexual harassment.--The term ``sexual harassment'' has the same meaning as such term has for purposes of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.). SEC. 7. EFFECTIVE DATES. (a) General Effective Date.--Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Employer Requirements.--Section 3 shall take effect 1 year after the date of the enactment of this Act.

Sexual Harassment Prevention Act of 1994 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the appropriate primary enforcement agency (the Equal Employment Opportunity Commission, the Office of Fair Employment Practices of the House of Representatives, and the Office of Senate Fair Employment Practices) that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations or any corresponding similar regulation; (2) the fact that sexual harassment is a violation of Federal law; (3) information describing how to file a complaint with the agency alleging such harassment; (4) an address and toll-free number to be used to contact the agency; and (5) other information required by the agency. Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment. Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment. Prescribes civil penalties for willful violations of this Act. Directs each primary enforcement agency to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act. Sets forth provisions governing actions by the primary enforcement agencies to enforce sexual harassment statutes and rules.

Sexual Harassment Prevention Act of 1994

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mark-to-Market Extension Act of 2006''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Extension of Mark-to-Market program. Sec. 5. Exception rents. Sec. 6. Otherwise eligible projects with at-or-below-market rents. Sec. 7. Disaster-damaged eligible projects. Sec. 8. Period of eligibility for nonprofit debt relief. Sec. 9. Effective date. SEC. 2. PURPOSES. The purpose of this Act is to-- (1) continue the progress of the Multifamily Assisted Housing Reform and Affordability Act of 1997, as amended by the Mark-To-Market Extension Act of 2001; (2) expand eligibility for Mark-to-Market restructuring so as to further the preservation of affordable housing in a cost- effective manner; and (3) provide for the preservation and rehabilitation of projects damaged by Hurricanes Katrina, Rita, and Wilma, or by other natural disasters. SEC. 3. DEFINITIONS. Section 512 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding at the end the following: ``(20) Disaster-damaged eligible project.-- ``(A) In general.--The term `disaster-damaged eligible project' means an otherwise eligible multifamily housing project-- ``(i) that is located in a county that was designated a major disaster area on or after January 1, 2005, by the President pursuant to title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); ``(ii) whose owner carried casualty and liability insurance covering such project in an amount required by the Secretary; ``(iii) that suffered damages not covered by such insurance that the Secretary determines is likely to exceed $5,000 per unit in connection with the natural disaster that was the subject of the designation described in subparagraph (A); and ``(iv) whose owner requests restructuring of the project not later than 2 years after the date that such damage occurred. ``(B) Rule of construction.--A disaster-damaged eligible project shall be eligible for amounts under this Act without regard to the relationship between rent levels for the assisted units in such project and comparable rents for the relevant market area.''. SEC. 4. EXTENSION OF MARK-TO-MARKET PROGRAM. Section 579 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by striking ``October 1, 2006'' each place that term appears and inserting ``October 1, 2011''. SEC. 5. EXCEPTION RENTS. Section 514(g)(2) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended-- (1) by inserting ``disaster-damaged eligible projects and'' after ``waive this limit''; and (2) by striking ``five percent'' and inserting ``9 percent''. SEC. 6. OTHERWISE ELIGIBLE PROJECTS WITH AT-OR-BELOW-MARKET RENTS. Section 512(2)(A) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended-- (1) by inserting ``(i)'' after ``(A)''; (2) by striking the semicolon and inserting ``; or''; and (3) by adding at the end the following: ``(ii) with rents below the level specified in clause (i) if the Secretary determines that-- ``(I) such property is worthy of preservation; and ``(II) treating such project as an eligible multifamily housing project will be cost- effective to the Secretary in relation to alternative preservation options.''. SEC. 7. DISASTER-DAMAGED ELIGIBLE PROJECTS. (a) Market Rent Determinations.--Section 514(g)(1)(B) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by striking ``determined, are equal'' and inserting the following: ``determined-- ``(i) with respect to a disaster-damaged eligible property, are equal to 100 percent of the fair market rents for the relevant market area (as such rents were in effect at the time of such disaster; and ``(ii) with respect to other eligible multifamily housing projects, are equal''. (b) Owner Investment.--Section 517(c) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding at the end the following: ``(3) Properties damaged by natural disasters.--With respect to a disaster-damaged eligible property, the owner contribution toward rehabilitation needs shall be determined in accordance with paragraph (2)(C).''. SEC. 8. PERIOD OF ELIGIBILITY FOR NONPROFIT DEBT RELIEF. Section 517(a)(5) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1473f note) is amended by adding at the end the following: ``If such purchaser acquires such project subsequent to the date of recordation of the affordability agreement described in section 514(e)(6)-- ``(1) such purchaser shall acquire such project on or before the later of-- ``(A) 5 years after the date of recordation of the affordability agreement; or ``(B) 2 years after the date of enactment of the Mark-to-Market Extension Act of 2006; and ``(2) the Secretary shall have received, and determined acceptable, such purchaser's application for modification, assignment, or forgiveness prior to the acquisition of the project by such purchaser.''. SEC. 9. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the earlier of-- (1) the date of enactment of this Act; or (2) September 30, 2006.

Mark-to-Market Extension Act of 2006 - Amends the Multifamily Assisted Housing Reform and Affordability Act of 1997 to reauthorize through FY2011: (1) the Federal Housing Administration (FHA)-insured MultifamilyHousing Mortgage and Housing Assistance Restructuring (Mark-to-Market) program; and (2) the Office of Multifamily Housing Assistance Restructuring. Permits the Secretary of Housing and Urban Development to waive rent level limits for: (1) disaster-damaged eligible projects; and (2) up to 9% (currently 5%) of all units subject to restructured mortgages in any fiscal year, based on certain findings of special need. Redefines eligible multifamily housing project to include properties worthy of cost-effective preservation even though their rents fall below a level otherwise authorized that, on an average per unit or per room basis, exceeds the rent of comparable properties in the same market area. Requires each mortgage restructuring and rental assistance sufficiency plan to determine, for units assisted with project-based assistance in eligible multifamily housing projects, adjusted rent levels for disaster-damaged eligible projects equal to 100% of the fair market rents for the relevant market area. Revises requirements for an approved mortgage restructuring and rental assistance sufficiency plan with respect to modification or forgiveness of all or part of a second mortgage held by the Secretary (debt relief) if the project concerned is acquired by a tenant organization or tenant-endorsed community-based nonprofit or public agency. Sets forth requirements for alternative periods of eligibility for such nonprofit debt relief if the purchaser acquires the project subsequent to the date of recordation of the related affordability agreement.

A bill to extend for 5 years the Mark-to-Market program of the Department of Housing and Urban Development.

SECTION 1. LIMITATIONS OF HEALTH CARE COVERAGE FOR MEMBERS OF CONGRESS. (a) Findings.--The Congress finds that-- (1) an estimated 81,000,000 United States citizens suffer from some type of preexisting medical condition that could make it difficult to obtain health coverage, especially for that condition; (2) millions of citizens are at risk of being subjected to preexisting condition exclusions under current law because they change jobs, lose jobs, or work for employers who change insurance policies; (3) Members of Congress may-- (A) choose to receive a health plan through the Federal Employees Health Benefits Program; and (B) enroll in a plan without facing restrictions because of health status or preexisting medical conditions; (4) health care coverage for Members of Congress under such program-- (A) is portable because Members can change plans without worry of preexisting condition exclusions or waiting periods; and (B) cannot be canceled and is required to be renewed; (5) Members of Congress are often eligible to continue to receive health care through the Federal Employees Health Benefits Program after they leave Congress; and (6) Congress should pass legislation to ensure health insurance portability for United States citizens. (b) Ending Health Insurance Portability and Other Protections for Members of Congress.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(o)(1) Notwithstanding subsection (f) or (h), or any other provision of this chapter, a contract for a plan under this chapter shall provide that a carrier may-- ``(A) include in a plan offered to an individual described under paragraph (2) preexisting condition exclusions and impose a limitation or exclusion of benefits relating to treatment of a preexisting condition based on the fact that the condition existed prior to enrollment; ``(B) exclude from enrollment an individual described under paragraph (2) due to health status or preexisting condition; or ``(C) refuse to renew the health plan of an individual described under paragraph (2) due to health status or preexisting condition. ``(2) Paragraph (1) shall apply with respect to the health status or preexisting condition of a member of family of an individual described under paragraph (3). ``(3) An individual referred to under paragraphs (1) and (2) is-- ``(A) a Member of Congress; or ``(B) an annuitant who on the date immediately preceding the date of retirement described under section 8901(3)(A) was a Member of Congress. ``(4) This subsection shall cease to be effective on and after the date on which the Director of the Office of Personnel Management has received certification from the Secretary of Labor that a statute has been enacted into law that-- ``(A) makes health coverage for United States citizens portable by limiting exclusions for preexisting conditions; ``(B) guarantees availability of health insurance to United States citizens; and ``(C) guarantees renewability of health coverage to employers and individuals as long as premiums are paid.''. (2) Effective date.--This subsection shall take effect 30 days after the date of the enactment of this section. (c) Elimination of Coverage for Departing Members of Congress.-- Section 8905 of title 5, United States Code, is amended-- (1) in subsection (b) by striking ``An annuitant'' and inserting ``Subject to subsection (g), an annuitant''; and (2) by adding at the end the following new subsection: ``(g)(1) This section shall not apply to any annuitant who-- ``(A) on the date immediately preceding the date of retirement described under section 8901(3)(A) was a Member of Congress; and ``(B) becomes an annuitant on or after the date which occurs 30 days after the date of the enactment of this subsection. ``(2) This subsection shall cease to be effective on and after the date on which the Director of the Office of Personnel Management has received certification from the Secretary of Labor that a statute has been enacted into law that-- ``(A) makes health coverage for United States citizens portable by limiting exclusions for preexisting conditions; ``(B) guarantees availability of health insurance to United States citizens; and ``(C) guarantees renewability of health coverage to employers and individuals as long as premiums are paid.''.

Amends Federal law to require that a contract for a health insurance plan offered to a Member of Congress or a former Member of Congress shall provide that a carrier may: (1) include preexisting condition exclusions and impose a limitation or exclusion of benefits relating to treatment based on the fact that the condition existed prior to enrollment; (2) exclude an individual from enrollment due to health status or preexisting condition; or (3) refuse to renew the health plan of an individual due to health status or preexisting condition. Eliminates coverage for departing Members of Congress. Repeals all of the above on and after the date on which a statute has been enacted that: (1) makes health coverage for U.S. citizens portable by limiting exclusions for preexisting conditions; (2) guarantees availability of health insurance to U.S. citizens; and (3) guarantees renewability of health insurance coverage to employers and individuals.

A bill to amend chapter 89 of title 5, United States Code, to end health insurance portability for Members of Congress and eliminate continued coverage for departing Members of Congress until health insurance portability for other United States citizens is enacted into law, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Employment Areas Improvement Act''. SEC. 2. TARGETED EMPLOYMENT AREAS. Section 203(b)(5)(B) (8 U.S.C. 1153(b)(5)(B)) is amended to read as follows: ``(B) Set aside for targeted employment areas.-- ``(i) In general.--Not fewer than 5,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who invest in a new commercial enterprise described in subparagraph (A) that-- ``(I) is investing such capital in a targeted employment area; and ``(II) will create employment in such targeted employment area. ``(ii) Duration of targeted employment area designation.-- ``(I) In general.--A designation of a high unemployment area as a targeted employment area-- ``(aa) shall be valid for 5 years; and ``(bb) may be renewed for additional 5-year periods if the area continues to meet the definition of high unemployment area under clause (iii). ``(II) Effect of designation expiration.--An investor who makes the required investment under this paragraph in a targeted employment area shall not be required to increase the amount of such investment upon the expiration of such designation. ``(iii) Definitions.--In this subparagraph: ``(I) High unemployment area.--The term `high unemployment area' means an area that-- ``(aa) consists of a census tract, or a group of census tracts that are economically integrated in light of commuter flow patterns based on Federal data sets, with an unemployment rate that is at least 150 percent of the national average unemployment rate; or ``(bb) is within the boundaries established for purposes of-- ``(AA) a Federal or State economic development incentive program, including any area designated by the Federal Government or a State as an enterprise zone, a renewal community, a promise zone, or an empowerment zone; or ``(BB) any Federal or State program designed to create jobs, start small businesses, or revitalize neighborhoods. ``(II) Rural area.--The term `rural area' means-- ``(aa) any area other than an area within a metropolitan statistical area unless it is a town on the outer boundary of a metropolitan statistical area with a population of 20,000 or fewer residents (based on the most recent decennial census of the United States); ``(bb) any city or town having a population of fewer than 20,000 residents (based on the most recent decennial census of the United States) that is located within a State having a population of fewer than 1,500,000 residents (based on such census); or ``(cc) any area located in a census tract of a metropolitan statistical area if the census tract has a population density of fewer than 500 people per square mile (based on such census). ``(III) Targeted employment area.-- The term `targeted employment area' means a rural area, any community adversely affected by a recommendation by the Defense Base Closure and Realignment Commission, or a high unemployment area.''.

Targeted Employment Areas Improvement Act This bill amends the Immigration and Nationality Act to increase the number of fiscal year EB-5 (employment creation) visas for qualified immigrants who invest in a new commercial enterprise which, in addition to creating jobs in a targeted employment area, will invest the required capital in such area. Designation of a high unemployment area as a targeted employment area shall be valid for renewable five-year periods.

Targeted Employment Areas Improvement Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Success for Veterans on Campus Act of 2008''. SEC. 2. CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS. Title VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following new part: ``PART F--CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS ``SEC. 781. MODEL PROGRAMS FOR CENTERS OF EXCELLENCE FOR VETERAN STUDENT SUCCESS. ``(a) Purpose.--It is the purpose of this section to encourage model programs to support veteran student success in postsecondary education by coordinating services to address the academic, financial, physical, and social needs of veteran students. ``(b) Grants Authorized.-- ``(1) In general.--Subject to the availability of appropriations under subsection (f), the Secretary shall award grants to institutions of higher education to develop model programs to support veteran student success in postsecondary education. ``(2) Grant period.--A grant awarded under this section shall be awarded for a period of 3 years. ``(c) Use of Grants.-- ``(1) Required activities.--An institution of higher education receiving a grant under this section shall use such grant to carry out a model program that includes-- ``(A) establishing of a Center of Excellence for Veteran Student Success on the campus of the institution to provide a single point of contact to coordinate comprehensive support services for veteran students; ``(B) establishing a veteran students support team, including representatives from the offices of the institution responsible for admissions, registration, financial aid, veterans benefits, academic advising, student health, personal or mental health counseling, career advising, disabilities services, and any other office of the institution that provides support to veteran students on campus; ``(C) providing a full-time or part-time coordinator whose primary responsibility is to coordinate the model program carried out under this section; ``(D) monitoring the rates of veteran student enrollment, persistence, and completion; and ``(E) developing a plan to sustain the Center of Excellence for Veteran Student Success after the grant period. ``(2) Other authorized activities.--An institution of higher education receiving a grant under this section may use such grant to carry out any of the following activities with respect to veteran students: ``(A) Outreach and recruitment of such students. ``(B) Supportive instructional services for such students, which may include-- ``(i) personal, academic, and career counseling, as an on-going part of the program; ``(ii) tutoring and academic skill-building instruction assistance, as needed; and ``(iii) assistance with special admissions and transfer of credit from previous postsecondary education or experience. ``(C) Assistance in obtaining student financial aid. ``(D) Housing support for students living in institutional facilities and commuting students. ``(E) Cultural events, academic programs, orientation programs, and other activities designed to ease the transition to campus life for such students. ``(F) Support for veteran student organizations and veteran student support groups on campus. ``(G) Coordination of academic advising and admissions counseling with military bases and national guard units in the area. ``(H) Other support services the institution determines to be necessary to ensure the success of such students in achieving their educational and career goals. ``(d) Application; Selection.-- ``(1) Application.--To be considered for a grant under this section, an institution of higher education shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require. ``(2) Selection considerations.--In awarding grants under this section, the Secretary shall consider-- ``(A) the number of veteran students enrolled at an institution of higher education; and ``(B) the need for model programs to address the needs of veteran students at a wide range of institutions of higher education, including the need to provide-- ``(i) an equitable distribution of such grants to institutions of higher education of various types and sizes; ``(ii) an equitable geographic distribution of such grants; and ``(iii) an equitable distribution of such grants among rural and urban areas. ``(e) Evaluation and Accountability Plan.--The Secretary shall develop an evaluation and accountability plan for model programs funded under this section to objectively measure the impact of such programs, including a measure of whether postsecondary education enrollment, persistence, and completion for veterans increases as a result of such programs. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2009 and each of the 4 succeeding fiscal years.''.

Securing Success for Veterans on Campus Act of 2008 - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award three-year grants to institutions of higher education to develop model programs that require each grantee to establish a campus Center of Excellence for Veteran Student Success that provides a single point of contact for the coordination of comprehensive support services for students who are veterans. Requires the Secretary to develop an evaluation and accountability plan for measuring the effect such programs have on veterans' success in postsecondary education.

To encourage model programs to support veteran student success in postsecondary education by coordinating services to address the academic, financial, physical, and social needs of veteran students.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Advance Directive Promotion Act of 2008''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Improvement of policies related to the use and portability of advance directives. Sec. 3. Medicare coverage of an end-of-life planning consultation as part of an initial preventive physical examination. Sec. 4. National information hotline for end-of-life decisionmaking and hospice care. Sec. 5. Increasing awareness of the importance of end-of-life planning. SEC. 2. IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF ADVANCE DIRECTIVES. (a) Medicare.--Section 1866(f) of the Social Security Act (42 U.S.C. 1395cc(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each such individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (3), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following new paragraph: ``(5)(A) In addition to the requirements of paragraph (1), a provider of services shall give effect to a valid advance directive executed outside the State in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the State in which it is presented. In the absence of knowledge to the contrary, such a provider may presume that such an advance directive executed outside the State in which it is presented is valid. Nothing in this paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes with respect to health care.''. (b) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by striking ``in the individual's medical record'' and inserting ``in a prominent part of the individual's current medical record''; and (ii) by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each such individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (4), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following paragraph: ``(6)(A) In addition to the requirements of paragraph (1), a provider shall give effect to a valid advance directive executed outside the State in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the State in which it is presented. In the absence of knowledge to the contrary, such a provider may presume that such an advance directive executed outside the State in which it is presented is valid. Nothing in this paragraph shall be construed to authorize the administration of health care treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes with respect to health care.''. (c) Effective Dates.-- (1) In general.--Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to provider agreements entered into, renewed, or extended under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and to State plans under title XIX of such Act (42 U.S.C. 1396 et seq.), on or after such date as the Secretary of Health and Human Services specifies, but in no case may such date be later than 1 year after the date of enactment of this Act. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (b), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 3. MEDICARE COVERAGE OF AN END-OF-LIFE PLANNING CONSULTATION AS PART OF AN INITIAL PREVENTIVE PHYSICAL EXAMINATION. (a) In General.--Section 1861(ww) of the Social Security Act (42 U.S.C. 1395x(ww)) is amended-- (1) in paragraph (1), by striking ``paragraph (2),'' and inserting ``paragraph (2) and an end-of-life planning consultation (as defined in paragraph (3)),''; and (2) by adding at the end the following new paragraph: ``(3) For purposes of paragraph (1), the term `end-of-life planning consultation' means a consultation between the physician and an individual regarding-- ``(A) the importance of preparing advance directives in case an injury or illness causes the individual to be unable to make health care decisions; ``(B) the situations in which an advance directive is likely to be relied upon; ``(C) the reasons why the development of a comprehensive end-of-life plan is beneficial and the reasons why such a plan should be updated periodically as the health of the individual changes; ``(D) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decision maker (also known as a health care proxy); and ``(E) whether or not the physician is willing to follow the individual's wishes as expressed in an advance directive.''. (b) Effective Date.--The amendments made by this section shall apply to initial preventive physical examinations furnished on or after January 1, 2009. SEC. 4. NATIONAL INFORMATION HOTLINE FOR END-OF-LIFE DECISIONMAKING AND HOSPICE CARE. The Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall operate directly, or by grant, contract, or interagency agreement, out of funds otherwise appropriated to the Secretary, a clearinghouse and a 24-hour toll-free telephone hotline in order to provide consumer information about advance directives (as defined in section 1866(f)(3) of the Social Security Act (42 U.S.C. 1395cc(f)(3)), as amended by section 2(a)), end-of-life decisionmaking, and available end-of-life and hospice care services. In carrying out the preceding sentence, the Administrator may designate an existing clearinghouse and 24-hour toll- free telephone hotline or, if no such entity is appropriate, may establish a new clearinghouse and a 24-hour toll-free telephone hotline. SEC. 5. INCREASING AWARENESS OF THE IMPORTANCE OF END-OF-LIFE PLANNING. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following new part: ``PART S--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING ISSUES ``SEC. 399FF. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS. ``(a) Advance Directive Education Campaign.--The Secretary shall, directly or through grants awarded under subsection (b), conduct a national public education campaign-- ``(1) to raise public awareness of the importance of planning for care near the end of life; ``(2) to improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes; ``(3) to explain the need for readily available legal documents that express an individual's wishes, through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); and ``(4) to educate the public about the availability of hospice care and palliative care. ``(b) Grants.-- ``(1) In general.--The Secretary shall use at least 60 percent of the funds appropriated under subsection (c) for the purpose of awarding grants to public or nonprofit private entities (including States or political subdivisions of a State), or a consortium of any of such entities, for the purpose of conducting education campaigns under subsection (a). ``(2) Period.--Any grant awarded under paragraph (1) shall be for a period of 3 years. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000.''.

Advance Directive Promotion Act of 2008 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require a service provider, Medicare+Choice organization, or prepaid or eligible organization to include the content of an advanced directive in a prominent part of an individual's current medical record. Requires a service provider to give effect to a valid advance directive executed outside the state in which such directive is presented to the same extent as such provider would give effect to a valid advance directive executed under the law of the state in which it is presented. Requires an initial preventative physical examination to include an end-of-life planning consultation. Directs the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to operate a clearinghouse and a 24-hour toll free telephone hotline in order to provide consumer information about advance directives, end-of-life decisionmaking, and available end-of-life and hospice care services. Amends the Public Health Service Act to direct the Secretary, directly or through grants to public or nonprofit private entities, to conduct a national public education campaign to increase awareness of advance directive planning.

To amend titles XVIII and XIX of the Social Security Act to promote the use of advance directives, and for other purposes.

SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY. The Congress finds and declares the following: (1) The Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives (hereafter in this Act referred to as the ``Alaska Natives Commission'') was established by Public Law 101- 379 (42 U.S.C. 2991a note) following the publication in 1989 of the ``Report on the Status of Alaska Natives: A Call for Action'' by the Alaska Federation of Natives and after extensive congressional hearings which focused on the need for the first comprehensive assessment of the social, cultural, and economic condition of Alaska's 86,000 Natives since the enactment of the Alaska Native Claims Settlement Act, Public Law 92-203. (2) The 14-member Alaska Natives Commission held 15 regional hearings throughout Alaska between July 1992 and October 1993, and 2 statewide hearings in Anchorage coinciding with the Conventions of 1992 and 1993 of the Alaska Federation of Natives. In May 1994, the Alaska Natives Commission issued its 3 volume, 440 page report. As required by Public Law 101-379, the report was formally conveyed to the Congress, the President of the United States, and the Governor of Alaska. (3) The Alaska Natives Commission found that many Alaska Native individuals, families, and communities were experiencing a social, cultural, and economic crisis marked by rampant unemployment, lack of economic opportunity, alcohol abuse, depression, and morbidity and mortality rates that have been described by health care professionals as ``staggering''. (4) The Alaska Natives Commission found that due to the high rate of unemployment and lack of economic opportunities for Alaska Natives, government programs for the poor have become the foundation of many village economies. Displacing traditional Alaska Native social safety nets, these well-meaning programs have undermined the healthy interdependence and self-sufficiency of Native tribes and families and have put Native tribes and families at risk of becoming permanent dependencies of Government. (5) Despite these seemingly insurmountable problems, the Alaska Natives Commission found that Alaska Natives, building on the Alaska Native Claims Settlement Act, had begun a unique process of critical self-examination which, if supported by the United States Congress through innovative legislation, and effective public administration at all levels including traditional Native governance, could provide the basis for an Alaska Native social, cultural, economic, and spiritual renewal. (6) The Alaska Natives Commission recognized that the key to the future well-being of Alaska Natives lay in-- (A) the systematic resumption of responsibility by Alaska Natives for the well-being of their members, (B) the strengthening of their economies, (C) the strengthening, operation, and control of their systems of governance, social services, education, health care, and law enforcement, and (D) exercising rights they have from their special relationship with the Federal Government and as citizens of the United States and Alaska. (7) The Alaska Natives Commission recognized that the following 3 basic principles must be respected in addressing the myriad of problems facing Alaska Natives: (A) Self-reliance. (B) Self-determination. (C) Integrity of Native cultures. (8) There is a need to address the problems confronting Alaska Natives. This should be done rapidly, with certainty, and in conformity with the real economic, social, and cultural needs of Alaska Natives. (9) Congress retains and has exercised its constitutional authority over Native affairs in Alaska subsequent to the Treaty of Cession and does so now through this Act. SEC. 2. ALASKA NATIVE IMPLEMENTATION STUDY. (a) Findings.--The Congress finds and declares that-- (1) the Alaska Natives Commission adopted certain recommendations raising important policy questions which are unresolved in Alaska and which require further study and review before Congress considers legislation to implement solutions to address these recommendations; and (2) the Alaska Federation of Natives is the representative body of statewide Alaska Native interests best suited to further investigate and report to Congress with proposals to implement the recommendations of the Alaska Natives Commission. (b) Grant.--The Secretary of Health and Human Services shall make a grant to the Alaska Federation of Natives to conduct the study and submit the report required by this section. Such grant may only be made if the Alaska Federation of Natives agrees to abide by the requirements of this section. (c) Study.--Pursuant to subsection (b), the Alaska Federation of Natives shall-- (1) examine the recommendations of the Alaska Natives Commission; (2) examine initiatives in the United States, Canada, and elsewhere for successful ways that issues similar to the issues addressed by the Alaska Natives Commission have been addressed; (3) conduct hearings within the Alaska Native community on further ways in which the Commission's recommendations might be implemented; and (4) recommend enactment of specific provisions of law and other actions the Congress should take to implement such recommendations. (d) Consideration of Local Control.--In developing its recommendations pursuant to subsection (c)(4), the Alaska Federation of Natives shall give specific attention to the ways in which the recommendations may be achieved at the local level with maximum local control of the implementation of the recommendations. (e) Report.--Not later than 12 months after the date on which the grant is made under subsection (b), the Alaska Federation of Natives shall submit a report on the study conducted under this section, together with the recommendations developed pursuant to subsection (c)(4), to the President and the Congress and to the Governor and legislature of the State of Alaska. In addition, the Alaska Federation of Natives shall make the report available to Alaska Native villages and organizations and to the general public. (f) Authorization of Appropriations.--There is authorized to be appropriated $350,000 for the grant under subsection (b). (g) Additional State Funding.--The Congress encourages the State of Alaska to provide the additional funding necessary for the completion of the study under this section. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Provides for the Alaska Federation of Natives to further investigate and report to the Congress with proposals to implement the recommendations of the Alaska Natives Commission. Directs the Secretary of Health and Human Services to make a grant to the Alaska Federation of Natives to carry out a study, conduct hearings, and report to the Congress, the President, and the governor and legislature of Alaska on proposals to implement the recommendations of the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives (Alaska Natives Commission). Authorizes appropriations. Requires consideration of maximizing local control of recommendation implementations. Encourages additional funding by Alaska for the completion of the study.

To provide for a study of the recommendations of the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives.

SECTION 1. SHORT TITLE. This Act may be cited as the ``American Energy and Infrastructure Jobs Financing Act of 2012''. SEC. 2. EXTENSION OF TRUST FUND EXPENDITURE AUTHORITY. (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code of 1986 is amended-- (1) by striking ``April 1, 2012'' in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2016''; and (2) by striking ``Surface Transportation Extension Act of 2011, Part II'' in subsections (c)(1) and (e)(3) and inserting ``American Energy and Infrastructure Jobs Act of 2012''. (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of such Code is amended-- (1) by striking ``Surface Transportation Extension Act of 2011, Part II'' each place it appears in subsection (b)(2) and inserting ``American Energy and Infrastructure Jobs Act of 2012''; and (2) by striking ``April 1, 2012'' in subsection (d)(2) and inserting ``October 1, 2016''. (c) Leaking Underground Storage Tank Trust Fund.--Paragraph (2) of section 9508(e) of such Code is amended by striking ``April 1, 2012'' and inserting ``October 1, 2016''. (d) Effective Date.--The amendments made by this section shall take effect on April 1, 2012. SEC. 3. EXTENSION OF HIGHWAY-RELATED TAXES. (a) In General.-- (1) Each of the following provisions of the Internal Revenue Code of 1986 is amended by striking ``March 31, 2012'' and inserting ``September 30, 2018'': (A) Section 4041(a)(1)(C)(iii)(I). (B) Section 4041(m)(1)(B). (C) Section 4081(d)(1). (2) Each of the following provisions of such Code is amended by striking ``April 1, 2012'' and inserting ``October 1, 2018'': (A) Section 4041(m)(1)(A). (B) Section 4051(c). (C) Section 4071(d). (D) Section 4081(d)(3). (b) Extension of Tax, Etc., on Use of Certain Heavy Vehicles.-- (1) In general.--Subsection (f) of section 4481 of such Code is amended by striking ``2012'' and inserting ``2018''. (2) Taxable period conformed to fiscal year.--Section 4482 of such Code is amended-- (A) by striking ``any year'' and all that follows in subsection (c)(4) and inserting ``each annual period beginning on October 1 which begins before October 1, 2019.'', and (B) by striking subsection (d). (c) Floor Stocks Refunds.--Section 6412(a)(1) of such Code is amended-- (1) by striking ``April 1, 2012'' each place it appears and inserting ``October 1, 2018''; (2) by striking ``September 30, 2012'' each place it appears and inserting ``September 30, 2018''; and (3) by striking ``July 1, 2012'' and inserting ``January 1, 2019''. (d) Extension of Certain Exemptions.--Sections 4221(a) and 4483(i) of such Code are each amended by striking ``April 1, 2012'' and inserting ``October 1, 2018''. (e) Extension of Transfers of Certain Taxes.-- (1) In general.--Section 9503 of such Code is amended-- (A) in subsection (b)-- (i) by striking ``April 1, 2012'' each place it appears in paragraphs (1) and (2) and inserting ``October 1, 2018''; (ii) by striking ``April 1, 2012'' in the heading of paragraph (2) and inserting ``October 1, 2018''; (iii) by striking ``March 31, 2012'' in paragraph (2) and inserting ``September 30, 2018''; and (iv) by striking ``January 1, 2013'' in paragraph (2) and inserting ``July 1, 2019''; and (B) in subsection (c)(2), by striking ``January 1, 2013'' and inserting ``July 1, 2019''. (2) Motorboat and small-engine fuel tax transfers.-- (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section 9503(c) of such Code are each amended by striking ``April 1, 2012'' and inserting ``October 1, 2018''. (B) Conforming amendments to land and water conservation fund.--Section 201(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l- 11(b)) is amended-- (i) by striking ``April 1, 2013'' each place it appears and inserting ``October 1, 2019''; and (ii) by striking ``April 1, 2012'' and inserting ``October 1, 2018''. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on April 1, 2012. (2) Subsection (b)(2).--The amendment made by subsection (b)(2) shall apply to periods beginning after September 30, 2012. SEC. 4. REVENUES FROM CERTAIN DOMESTIC ENERGY LEASES APPROPRIATED TO HIGHWAY TRUST FUND. (a) In General.--Subsection (b) of section 9503 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (2) the following new paragraph: ``(3) Revenues from certain domestic energy leases.--There are hereby appropriated to the Highway Trust Fund amounts equivalent to the net increase in Federal revenues from onshore and offshore domestic energy leasing and production generated by reason of the enactment of the Alaskan Energy for American Jobs Act, the PIONEERS Act, and the Energy Security and Transportation Jobs Act.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts received in the Treasury after the date of the enactment of this Act. SEC. 5. ALTERNATIVE TRANSPORTATION ACCOUNT. (a) Termination of Funding From Fuels Tax Receipts; One-Time Appropriation.--Paragraph (2) of section 9503(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Appropriation.-- ``(A) In general.--Out of money in the Treasury not otherwise appropriated, there is hereby appropriated $40,000,000,000 to the Alternative Transportation Account. Any amount appropriated under this paragraph shall remain available without fiscal year limitation. ``(B) Transfer to highway account of 2012 appropriated amounts based on fuels tax receipts.-- Amounts transferred on or before the date of the enactment of this paragraph to the Mass Transit Account in the Highway Trust Fund for fiscal year 2012 are hereby transferred to the Highway Account of the Highway Trust Fund (as defined in paragraph (5)(B)).''. (b) Renaming of Mass Transit Account.-- (1) In general.--The text of subsection (e) of section 9503 of the Internal Revenue Code of 1986 is amended by striking ``Mass Transit Account'' each place it appears and inserting ``Alternative Transportation Account''. (2) Conforming amendment.--The heading for subsection (e) of section 9503 of such Code is amended by striking ``Mass Transit Account'' and inserting ``Alternative Transportation Account''.

American Energy and Infrastructure Jobs Financing Act of 2012 - Amends the Internal Revenue Code to: (1) extend through September 30, 2016, the expenditure authority for the Highway Trust Fund; and (2) extend through September 30, 2018, current excise tax rates on motor fuels (i.e., gasoline, diesel fuel and kerosene, and special motor fuels), excise taxes on heavy highway vehicles and highway tires, and the use tax on heavy vehicles. Appropriates to the Highway Trust Fund amounts equivalent to the net increase in revenues from onshore and offshore domestic energy leasing and production resulting from the Alaskan Energy for American Jobs Act, the PIONEERS Act, and the Energy Security and Transportation Jobs Act. Terminates the authority for transfers of motor fuel tax revenues to the Mass Transit Account of the Highway Trust Fund. Renames such Account as the Alternative Transportation Account and makes a one-time appropriation to such Account.

To amend the Internal Revenue Code of 1986 to extend authorities relating to the Highway Trust Fund, to provide revenues for highway programs, and for other purposes.

SECTION 1. SHORT TITLE AND DEFINITION. (a) Short Title.--This Act may be cited as the ``National Park Revitalization Act''. (b) Definition.--As used in this Act, the term ``National Park Service Concessions Policy Act'' means the Act entitled ``An Act relating to the establishment of concession policies in the areas administered by National Park Service and for other purposes'' (16 U.S.C. 20-20g). SEC. 2. CONTRACTS. (a) Maximum Period; Requirements.--Section 3(a) of the National Park Service Concessions Policy Act (16 U.S.C. 20b(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) in paragraph (1) (as designated by paragraph (1) of this subsection), by inserting after the first sentence the following: ``Except as provided in paragraph (3), the period of a contract entered into under this Act may not exceed 10 years.''; and (3) by adding at the end the following new paragraphs: ``(2) Contracts entered into under this Act after the date of enactment of this paragraph shall-- ``(A) be consistent with the laws relating to the National Park System and the unit concerned; ``(B) be implemented in accordance with the purposes of the National Park System and the general management plan for the unit of the National Park System concerned; ``(C) to the maximum extent practicable, contain similar terms and conditions in order to facilitate administration; ``(D) to the extent applicable, provide for acquisition of the possessory interest of a concessioner in a manner consistent with the objective of section 6(c); and ``(E) shall be transferable or assignable only upon the consent of the Secretary after reconsideration and possible redetermination of the contract terms, including the franchise fee. ``(3) The period of a contract may be for a period greater than 10 years if the Secretary finds that a longer period is necessary for the acquisition of possessory interest under section 6(c); except that in no event may the period be greater than 15 years. ``(4) In entering contracts under this Act, consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving areas administered by the National Park Service and of providing adequate and appropriate services for visitors at reasonable rates.''. (b) Repeal of Obligation of United States to Compensate for Loss of Investment.--Paragraph (1) of section 3(a) of the National Park Service Concessions Policy Act (16 U.S.C. 20b(a)) (as amended by subsection (a)) is further amended by striking the last sentence and inserting the following: ``Effective with respect to contracts entered into, renewed, transferred, assigned, or renegotiated under this Act after the date of enactment of this sentence, the United States shall not be obligated to compensate the concessioner for such structures, fixtures, or improvements.''. (c) Franchise Fees.--Section 3(d) of the National Park Service Concessions Policy Act (16 U.S.C. 20b(d)) is amended to read as follows: ``(d) Franchise fees, however stated, shall be based on annual gross receipts from the concession and shall not be less than 22.5 percent of the annual gross receipts from that concession. Provision shall be made for reconsideration and possible readjustment of franchise fees at least every 5 years unless the contract period is for a lesser period of time.''. (d) Utility Costs.--(1) Section 3 of the National Park Service Concessions Policy Act (16 U.S.C. 20b) is amended by adding at the end the following: ``(e) The concessioner shall be responsible for all utility costs incurred by the concessioner in the operation of the concession under contracts entered into, renewed, transferred, assigned, or renegotiated under this Act after the date of enactment of this subsection.''. (2) Paragraph 4 of the first section of the Act entitled ``An Act to facilitate the management of the National Park System and miscellaneous areas administered in connection with that System, and for other purposes'' (16 U.S.C. 1b(4)) is amended by striking ``concessioners,''. SEC. 3. REPEAL OF PREFERENTIAL RIGHTS AND POSSESSORY INTEREST. (a) Additional Contracts.--Section 4 of the National Park Service Concessions Policy Act (16 U.S.C. 20c) is amended by striking ``and may grant to such concessioner a preferential right to provide such new or additional accommodations, facilities, or services''. (b) Renewal of Contracts.--(1) The first sentence of section 5 of the National Park Service Concessions Policy Act is amended by striking ``giving preference in the renewal of contracts or permits and in the negotiation of new contracts or permits to the''. (2) Section 5 of the National Park Service Concessions Policy Act is amended by adding at the end the following: ``The Secretary may not give a preference in the renewal of contracts or permits under this Act.''. (c) Possessory Interests.--Section 6 of the National Park Service Concessions Policy Act is amended-- (1) by inserting ``(a)'' after ``Sec. 6''; (2) by inserting at the end of subsection (a) (as designated by paragraph (1)) the following: ``This subsection shall not apply to contracts entered into, renewed, transferred, assigned, or renegotiated after the date of enactment of this sentence.''; and (3) by adding at the end the following: ``(b) Effective with respect to contracts entered into, renewed, transferred, assigned, or renegotiated under this Act after the date of enactment of this subsection, all right, title, and interest to any structure, fixture, or improvement acquired or constructed on land owned by the United States within an area administered by the National Park Service shall vest in the United States. ``(c) The Secretary shall acquire any possessory interest established before the date of enactment of this subsection relating to any contract subject to subsection (a) with funds made available by section 10(2). Possessory interests relating to a concession shall be acquired before the end of the first contract period beginning after the date of enactment of this subsection that relates to that concession. ``(d) Except as provided in section 11 of the Act entitled `An Act to establish the National Park Foundation', approved December 18, 1967, the Secretary may not approve the direct or indirect transfer of the possessory interest relating to a contract subject to this Act.''. SEC. 4. AVAILABILITY OF AUDIT INFORMATION. The first undesignated paragraph of section 9 of the National Park Service Concessions Policy Act (16 U.S.C. 20g) is amended by adding at the end the following: ``A record of each audit under this section shall be available to the public in a manner that does not reveal trade secrets and commercial or financial information that is privileged or confidential.''. SEC. 5. USE OF FRANCHISE FEES. (a) In General.--The National Park Service Concessions Policy Act is amended by adding at the end the following new section: ``SEC. 10. USE OF FRANCHISE FEES. ``All receipts from franchise fees, however stated, collected pursuant to this Act after September 30, 1991, shall be covered into a special account established in the Treasury of the United States. Amounts covered into the account in a fiscal year shall be available without further appropriation after the end of the fiscal year as follows: ``(1) 2.5 percent of such receipts shall be available for the purposes of section 3 of the National Park System Visitor Facilities Fund Act. ``(2) 77.5 percent of the receipts shall be allocated among the units of the National Park System in the same proportion as franchise fees from a unit bears to the total amount collected from all units under this section and shall be for capital and resource management, interpretation, and conservation needs and acquisition of possessory interest under section 6. ``(3) The remaining 20 percent shall be allocated among the units of the National Park System on the basis of capital and resource management, interpretation, and conservation need as determined by the Director.''. (b) Conforming Amendment.--Section 3 of the National Park System Visitor Facilities Fund Act (16 U.S.C. 19bb) is amended by striking ``all National Park System concession fees, including franchise fees and building user fees,'' and inserting ``2.5 percent of all National Park System concession franchise fees and all National Park System concession building user fees''. (c) National Park Foundation.--The Act entitled ``An Act to establish the National Park Foundation'' (16 U.S.C. 19c-19n) is amended by adding at the end the following: ``Sec. 11. The Foundation is authorized to acquire the possessory interest relating to a concession if that possessory interest, upon acquisition by the Foundation, is transferred to the United States. For the purpose of this section, the term `possessory interest' has the meaning given such term under section 6 of the Act entitled `An Act relating to the establishment of concession policies in the areas administered by National Park Service and for other purposes', approved October 9, 1965.''.

National Park Revitalization Act - Amends the National Park Service Concessions Policy Act (the Act) to limit the period of a concession contract in a National Park System unit to ten years to a maximum of 15 years if the Secretary of the Interior finds that a longer period is necessary for the acquisition of possessory interest. Sets forth certain requirements of such contracts. Repeals provisions of the Act to release the United States from any obligation to compensate concessioners for loss of specified investments. Provides that franchise fees shall be based on annual gross receipts from the concession and shall not be less than a specified percentage of such receipts. Makes the concessioner responsible for all utility costs incurred in the operation of the concession under such contracts. Amends Federal law to prohibit the Secretary from reimbursing concessioners for utility services in the National Park System. Prohibits the Secretary from granting preferential rights to concessioners with respect to additional contracts, and renewal of contracts or permits. Vests in the United States all right, title, and interest to any structure, fixture, or improvement acquired or constructed on federally-owned land within an area administered by the National Park Service. Directs the Secretary to acquire any possessory interest relating to concession contracts established before the enactment of this Act. Prohibits the Secretary from approving the direct or indirect transfer of the possessory interest to a contract subject to this Act, with exceptions. Requires that a record of each audit under the Act be available to the public in a way that prevents revealing trade secrets and commercial or financial information that is privileged or confidential. Specifies allocations, at the end of a fiscal year, of such franchise fees deposited into a special account established in the Treasury, during that year.

National Park Revitalization Act

SECTION 1. TEACHER ACCULTURATION. Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``PART C--TEACHER ACCULTURATION ``SEC. 231. SHORT TITLE. ``This part may be cited as the `Teacher Acculturation Act of 2005'. ``SEC. 232. FINDINGS. ``Congress makes the following findings: ``(1) Every person (child, adolescent, or adult) has her or his own cluster of learning modalities. ``(2) These individual learning modalities are the result of many factors, including the person's cultural heritage, language, and socioeconomic background. ``(3) Research has shown that learning occurs best within a learning environment that closely matches a person's individual learning modalities. ``(4) There is a strong correlation between-- ``(A) the lack of academic achievement of a student; and ``(B) a lack of congruence between-- ``(i) the learning modalities of the student; and ``(ii) the teaching pedagogy of the teacher. ``(5) One of the factors that significantly impacts learning modalities is a student's culture. ``(6) A congruence between the cultural norms embedded in the teaching environment and the culture of a student has been shown to significantly improve the academic achievement of the student. ``(7) The teacher has the most control in setting the cultural environment of the classroom. ``SEC. 233. PURPOSE. ``It is the purpose of this part to develop a core group of teachers who are able to provide instruction in a way that is culturally congruent with the learning modalities of the students they are teaching, in order to-- ``(1) ameliorate the lack of cultural congruence between teachers and the students they teach; and ``(2) improve student achievement. ``SEC. 234. DEFINITIONS. ``In this part: ``(1) Induction phase.--The term `induction phase' means the period when a teacher is new to the profession, the classroom, or a school. ``(2) In-service phase.--The term `in-service phase' means the period during and throughout the professional life of a teacher. ``(3) Practicum phase.--The term `practicum phase' means the period beginning with the last year of a teacher preparation program at an institution of higher education when the student is spending time in a prekindergarten through grade 12 classroom, and culminating at the end of the student teaching portion of the student's teacher preparation program. ``(4) Supervising academic.--The term `supervising academic' means a member of the faculty of an institution of higher education who-- ``(A) is designated to oversee, coordinate, and participate in the field placement or student teaching experience of a preservice teacher; and ``(B) works in conjunction with a supervising practitioner. ``(5) Supervising practitioner.--The term `supervising practitioner' means a prekindergarten through grade 12 teacher in a school who-- ``(A) is designated to coach, observe, and evaluate a preservice teacher at the school during the preservice teacher's field placement or student teaching experience in the classroom; and ``(B) works in conjunction with the supervising academic. ``SEC. 235. MEASURE OF CULTURAL MISMATCH. ``The Secretary, in consultation with relevant educational and cultural governmental and nongovernmental entities and not later than 180 days after the date of enactment of the Teacher Acculturation Act of 2005, shall develop a measure of cultural mismatch for purposes of-- ``(1) the demonstration program under section 236; and ``(2) the composition of partnerships described in sections 242 and 263. ``SEC. 236. DEMONSTRATION PROGRAM AUTHORIZED. ``(a) In General.--The Secretary is authorized to carry out a demonstration program to investigate, develop, and test methods to attempt to ameliorate the cultural mismatch between teachers and the students they teach. ``(b) Components.--The demonstration program shall consist of-- ``(1) professional development activities occurring during 3 different phases of a teacher's professional life, including the practicum phase, induction phase, and in-service phase; and ``(2) the development of centers of excellence in multicultural education. ``Subpart 1--Induction Phase Component ``SEC. 241. GRANTS AUTHORIZED. ``In carrying out the demonstration program under this part, the Secretary is authorized to award grants to eligible partnerships to enable the eligible partnerships to carry out the induction phase component of the teacher preparation assisted under this subpart. ``SEC. 242. ELIGIBLE PARTNERSHIPS. ``In this subpart, the term `eligible partnership' means a partnership consisting of-- ``(1) a local educational agency, with a high percentage of students who have a cultural mismatch with the majority of the teaching staff at the schools served by the local educational agency, collaborating with-- ``(A) a cohort of induction phase teachers from the local educational agency; and ``(B) members of a school community who are-- ``(i) from the cultural background of the students to be taught by the teachers assisted under the grant; and ``(ii) knowledgeable about the cultural norms of the community; and ``(2) an institution of higher education or organization with expertise in multicultural education, collaborating with a mentor, coach, or facilitator who will work with the cohort described in paragraph (1)(A). ``SEC. 243. INDUCTION PHASE COMPONENT. ``An eligible partnership that receives a grant under this subpart shall use the grant funds to carry an induction phase component of the demonstration program that may include the following: ``(1) A summer workshop held during the summer prior to a program year (as described in paragraph (2)), in which participant teachers study the basics of the following: ``(A) Multicultural education. ``(B) The cultural norms of the students served by the local educational agency where the participant teachers will be teaching. ``(C) The history of the municipality and the cultural groups where the participant teachers will be teaching. ``(2) A program year during the school year designed to include-- ``(A) a series of classroom-based teaching activities and observations, including pre- and post- activity discussion under the coaching of a person experienced in leading such a program and trained in the principles of multicultural education; ``(B) individual one-on-one mentoring by a mentor, coach, or facilitator participating in the eligible partnership; ``(C) classroom visits including possible videotaping of the lessons; and ``(D) group meetings to reflect on-- ``(i) a classroom visit described in subparagraph (C); or ``(ii) the progress of the program. ``(3) A workshop or institute during the summer immediately after a program year (as described in paragraph (2)) that may include the following: ``(A) Analysis of lessons developed and taught during the program year. ``(B) Practice lessons presented to the cohort described in section 242(1)(A). ``(C) Analysis of participant teacher growth over the duration of the program. ``(D) Development of a reflective portfolio, for each member of the cohort described in section 242(1)(A), of the member's experience in the program. ``SEC. 244. USE OF FUNDS. ``Grant funds provided under this subpart may be used for-- ``(1) stipends and release time for participant teachers; ``(2) compensation for mentors, coaches, facilitators, or substitutes; ``(3) reimbursement for normal expenses incurred by the eligible partnership during the grant period; and ``(4) equipment, supplies, and travel necessary for the program. ``SEC. 245. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as may be necessary to carry out this subpart for fiscal year 2006 and each of the 5 succeeding fiscal years. ``Subpart 2--Practicum Phase Component ``SEC. 251. GRANTS AUTHORIZED. ``In carrying out the demonstration program under this part, the Secretary is authorized to award grants to eligible partnerships to enable the eligible partnerships to carry out the practicum phase component of the teacher preparation assisted under this subpart. ``SEC. 252. ELIGIBLE PARTNERSHIPS. ``In this subpart, the term `eligible partnership' means a partnership consisting of-- ``(1) a teacher preparation program approved by a State educational agency and accredited by the National Council for Accreditation of Teacher Education, collaborating with-- ``(A) a cohort of practicum phase students; and ``(B) a faculty member who serves as a supervising practitioner; ``(2) a local educational agency-- ``(A) serving a student population whose cultural norms-- ``(i) are different from the cultural norms of the participating teacher preparation program students; and ``(ii) are similar to the cultural norms of the students or community served by a local educational agency where the participating teacher preparation program students will be looking for employment; and ``(B) collaborating with a group of supervising practitioners; and ``(3) a support committee for the practicum program, that provides cultural norms to the practicum participants, which may include-- ``(A) a center of excellence described in subpart 3; ``(B) faculty or staff of a school, local educational agency, or State educational agency; ``(C) parents or family members of a student taught by the student teachers assisted under the grant; ``(D) community stakeholders; or ``(E) organizations with expertise in multicultural education. ``SEC. 253. PRACTICUM PHASE COMPONENT. ``An eligible partnership that receives a grant under this subpart shall use the grant funds to carry out a practicum phase component of the demonstration program that may include the following: ``(1) A course for the practicum students covering multicultural education, including specifics pertaining to the cultural norms of the students served by the local educational agency where the students will be participating in the practicum. ``(2) A program running contemporaneous to the practicum that includes-- ``(A) a program under the coaching of a supervising academic where the practicum students interact with each other to discuss their experiences; ``(B) individual one-on-one coaching by a supervising academic; ``(C) classroom visits to the locations of other student teachers in the cohort described in section 252(1)(A), including possible videotaping of the lessons; and ``(D) periodic cohort meetings during the practicum to reflect on the progress of the program. ``(3) A followup program at the conclusion of the practicum carried out by the teacher preparation program participating in the eligible partnership. ``SEC. 254. USE OF FUNDS. ``Grant funds provided under this subpart may be used for-- ``(1) compensation for a supervising academic or a supervising practitioner; ``(2) scholarships for participants; and ``(3) equipment, supplies, travel, and other expenses appropriate to the program. ``SEC. 255. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as may be necessary to carry out this subpart for fiscal year 2006 and each of the 5 succeeding fiscal years. ``Subpart 3--Centers of Excellence in Multicultural Education ``SEC. 261. CENTERS OF EXCELLENCE AUTHORIZED. ``(a) In General.--The Secretary is authorized to establish not more than 10 centers to support excellence in multicultural education. ``(b) Duties.--Such centers shall-- ``(1) support participants during the practicum phases and induction phases of their teacher preparation; ``(2) develop and implement an in-service phase program; ``(3) develop or expand the theory and practice of multicultural education; and ``(4) collect appropriate data to allow for the evaluation of the activities implemented under this part. ``SEC. 262. LOCATION OF CENTERS. ``The centers shall-- ``(1) be located within universities, colleges or schools with teacher education programs approved by the appropriate State educational agency and accredited by the National Council for Accreditation of Teacher Education; ``(2) be located in geographically diverse areas of the United States; and ``(3) be distributed among institutions of higher education serving various cultural communities. ``SEC. 263. PARTNERSHIPS. ``The centers may form partnerships, for the purpose of carrying out the duties described in section 261(b), with-- ``(1) a college or school of teacher education; ``(2) at least 1 local educational agency with a high degree of cultural mismatch between the local educational agency's teachers and the students they teach; ``(3) an academic department, center, or program that focuses on the study of cultural mismatches, such as cultural mismatches related to gender, race, national origin, or other similar areas; or ``(4) such additional entities as the centers determine appropriate. ``SEC. 264. USE OF FUNDS. ``Funds made available under this subpart may be used for the following: ``(1) Financial support for researchers, such as doctoral and post-doctoral fellowships. ``(2) In-service multicultural education workshops for teachers. ``(3) Supporting the programs assisted under subpart 1 or 2. ``(4) Supporting research into best practices in multicultural education, performing evaluation of the best practices, and carrying out a dissemination program for the best practices that improve student academic achievement. ``(5) Evaluation of-- ``(A) the activities of the centers; and ``(B) the impact of the activities of the centers on teaching practices and student achievement. ``SEC. 265. ANNUAL MEETING OF THE CENTERS. ``The Secretary is authorized to convene an annual meeting of all centers assisted under this subpart for the purpose of enabling the centers to share information, research, and best practices. ``SEC. 266. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as may be necessary to carry out this subpart for fiscal year 2006 and each of the 5 succeeding fiscal years. ``Subpart 4--General Provisions ``SEC. 271. ANNUAL REPORTS. (a) Report.--Each eligible partnership that receives a grant, and each center that receives assistance, under this part shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives, a report on the activities of the eligible partnership or center, respectively, that are supported under this part. (b) Date.--The report described in subsection (a) shall be submitted 2 years after the date of enactment of the Teacher Acculturation Act of 2005, and annually thereafter for the duration of the grant or assistance, as the case may be.''.

Teacher Acculturation Act of 2005 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to carry out a demonstration program to investigate, develop, and test methods to attempt to ameliorate the cultural mismatch between teachers and the students they teach. Directs the Secretary to develop a measure of cultural mismatch. Authorizes program grants to partnerships of local educational agencies and institutions of higher education, or organizations with expertise in multicultural education, for teacher preparation activities under practicum, induction, and in-service phase components. Authorizes the Secretary to establish up to ten centers of excellence in multicultural education located within universities, colleges, or schools with approved teacher education programs. Allows such centers to form partnerships with specified entities.

A bill to provide for teacher acculturation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Terrorism Prevention Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) White supremacists and other right-wing extremists are the most significant domestic terrorism threat facing the United States. (2) A 2009 report from the Extremism and Radicalization Branch of the Department of Homeland Security concluded ``that lone wolves and small terrorist cells embracing violent right- wing extremist ideology are the most dangerous domestic terrorism threat in the United States''. (3) An unclassified May 2017 joint intelligence bulletin from the Federal Bureau of Investigation and the Department of Homeland Security found that ``white supremacist extremism poses [a] persistent threat of lethal violence,'' and that White supremacists ``were responsible for 49 homicides in 26 attacks from 2000 to 2016 . . . more than any other domestic extremist movement''. (4) According to the New America Foundation, since September 11, 2001, 76 Americans have died in terrorist attacks by domestic extremists in the United States. 89 percent were killed by far-right-wing extremists. (5) The fatal attacks described in paragraph (4) include-- (A) the August 5, 2012, mass shooting at a Sikh gurdwara in Oak Creek, Wisconsin, in which a White supremacist shot and killed 6 members of the gurdwara; (B) the April 13, 2014, mass shooting at a Jewish community center and a Jewish assisted living facility in Overland Park, Kansas, in which a neo-Nazi shot and killed 3 civilians, including a 14-year-old teenager; (C) the June 8, 2014, ambush in Las Vegas, Nevada, in which 2 supporters of the far right-wing ``patriot'' movement shot and killed 2 police officers and a civilian; (D) the June 17, 2015, mass shooting at the Emanuel AME Church in Charleston, South Carolina, in which a White supremacist shot and killed 9 members of the church; (E) the November 27, 2015, mass shooting at a Planned Parenthood clinic in Colorado Springs, Colorado, in which an anti-abortion extremist shot and killed a police officer and 2 civilians; (F) the March 20, 2017, murder of an African- American man in New York City, allegedly committed by a White supremacist who reportedly traveled to New York ``for the purpose of killing black men''; (G) the May 26, 2017, attack in Portland, Oregon, in which a White supremacist allegedly murdered 2 men and injured a third after the men defended 2 young women whom the individual had targeted with anti-Muslim hate speech; and (H) the August 12, 2017, attack in Charlottesville, Virginia, in which a White supremacist allegedly killed one and injured nineteen after driving his car through a crowd of individuals protesting a neo-Nazi rally, and of which Attorney General Jeff Sessions said, ``It does meet the definition of domestic terrorism in our statute.''. (6) The Anti-Defamation League's Center on Extremism found that right-wing extremists were responsible for 150 terrorist acts, attempted acts, and plots and conspiracies that took place in the United States between 1993 and 2017. These attacks resulted in the deaths of 255 people and injured more than 600. (7) According to the Southern Poverty Law Center, in 2015, for the first time in 5 years, the number of hate groups in the United States rose by 14 percent. The increase included a more than twofold rise in the number of Ku Klux Klan chapters. The number of anti-government militias and ``patriot'' groups also grew by 14 percent in 2015. (8) In November 2017, the Federal Bureau of Investigation released its annual hate crime incident report, which found that in 2016, hate crimes increased by almost 5 percent, including a 19-percent rise in hate crimes against American Muslims. Similarly, the previous year's report found that in 2015, hate crimes increased by 6 percent. Much of that increase came from a 66-percent rise in attacks on American Muslims. In both reports, race-based crimes were most numerous; more than 50 percent of those hate crimes targeted African Americans. (9) In January 2017, a right-wing extremist who had expressed anti-Muslim views was charged with murder for allegedly killing 6 people and injuring nineteen in a shooting rampage at a mosque in Quebec City, Canada. It was the first- ever mass shooting at a mosque in North America, and Prime Minister Trudeau labeled it a terrorist attack. (10) Between January and July 2017, news reports found 63 incidents in which American mosques were targeted by threats, vandalism, or arson. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Director'' means the Director of the Federal Bureau of Investigation; (2) the term ``domestic terrorism'' has the meaning given the term in section 2331 of title 18, United States Code; (3) the term ``Domestic Terrorism Executive Committee'' means the committee within the Department of Justice tasked with assessing and sharing information about ongoing domestic terrorism threats; and (4) the term ``Secretary'' means the Secretary of Homeland Security. SEC. 4. OFFICES TO COMBAT DOMESTIC TERRORISM. (a) Authorization of Offices To Monitor, Analyze, Investigate, and Prosecute Domestic Terrorism.-- (1) Domestic terrorism unit.--There is authorized a Domestic Terrorism Unit in the Office of Intelligence and Analysis of the Department of Homeland Security, which shall be responsible for monitoring and analyzing domestic terrorism activity. (2) Domestic terrorism office.--There is authorized a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice-- (A) which shall be responsible for investigating and prosecuting incidents of domestic terrorism; and (B) which shall be headed by the Domestic Terrorism Counsel. (3) Domestic terrorism section of the fbi.--There is authorized a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation, which shall be responsible for investigating domestic terrorism activity. (b) Joint Report on Domestic Terrorism.-- (1) Annual report required.--Not later than 180 days after the date of enactment of this Act, and each year thereafter, the Secretary of Homeland Security, the Attorney General, and the Director of the Federal Bureau of Investigation shall submit a joint report authored by the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) to-- (A) the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) an assessment of the domestic terrorism threat posed by White supremacists, including White supremacist infiltration and recruitment of law enforcement officers and members of the Armed Forces; (B)(i) in the first report, an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995; and (ii) in each subsequent report, an analysis of incidents or attempted incidents of domestic terrorism that occurred in the United States during the preceding year; and (C) a quantitative analysis of domestic terrorism for the preceding year, including the number of-- (i) domestic terrorism related assessments initiated by the Federal Bureau of Investigation, including the number of assessments from each classification and subcategory; (ii) domestic terrorism related preliminary investigations initiated by the Federal Bureau of Investigation, including the number of preliminary investigations from each classification and subcategory, and how many preliminary investigations resulted from assessments; (iii) domestic terrorism related full investigations initiated by the Federal Bureau of Investigation, including the number of full investigations from each classification and subcategory, and how many full investigations resulted from preliminary investigations and assessments; (iv) domestic terrorism related incidents, including the number of incidents from each classification and subcategory, the number of deaths and injuries resulting from each incident, and a detailed explanation of each incident; (v) Federal domestic terrorism related arrests, including the number of arrests from each classification and subcategory, and a detailed explanation of each arrest; (vi) Federal domestic terrorism related indictments, including the number of indictments from each classification and subcategory, and a detailed explanation of each indictment; (vii) Federal domestic terrorism related prosecutions, including the number of incidents from each classification and subcategory, and a detailed explanation of each prosecution; (viii) Federal domestic terrorism related convictions, including the number of convictions from each classification and subcategory, and a detailed explanation of each conviction; and (ix) Federal domestic terrorism related weapons recoveries, including the number of each type of weapon and the number of weapons from each classification and subcategory. (3) Classification and public release.--Each report submitted under paragraph (1) shall be-- (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public websites of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. (c) Domestic Terrorism Executive Committee.--There is authorized a Domestic Terrorism Executive Committee, which shall-- (1) meet on a regular basis, and not less regularly than 4 times each year, to coordinate with United States Attorneys and other key public safety officials across the country to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism; and (2) be co-chaired by-- (A) the Domestic Terrorism Counsel authorized under subsection (a)(2)(B); (B) a United States Attorney or Assistant United States Attorney; (C) a member of the National Security Division of the Department of Justice; and (D) a member of the Federal Bureau of Investigation. (d) Focus on Greatest Threats.--The domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall focus their limited resources on the most significant domestic terrorism threats, as determined by the number of domestic terrorism related incidents from each category and subclassification in the joint report for the preceding year required under subsection (b). SEC. 5. TRAINING TO COMBAT DOMESTIC TERRORISM. (a) Required Training and Resources.--The State and Local Anti- Terrorism Program, funded by the Bureau of Justice Assistance of the Department of Justice, shall include training and resources to assist State, local, and tribal law enforcement officers in understanding, detecting, deterring, and investigating acts of domestic terrorism. The training shall focus on the most significant domestic terrorism threats, as determined by the quantitative analysis in the joint report required under section 4(b). (b) Requirement.--Any individual who provides domestic terrorism training required under this section shall have-- (1) expertise in domestic terrorism; and (2) relevant academic, law enforcement, or other experience in matters related to domestic terrorism. (c) Report.-- (1) In general.--Not later than 1 year after the date of enactment of this Act and once each year thereafter, the Director of the Bureau of Justice Assistance shall submit an annual report to the committees of Congress described in section 4(b)(1) on the domestic terrorism training implemented under this section, which shall include copies of all training materials used and the names and qualifications of the individuals who provide the training. (2) Classification.--Each report submitted under paragraph (1) shall be unclassified, to the greatest extent possible, with a classified annex only if necessary. SEC. 6. COMBATTING DOMESTIC TERRORISM THROUGH JOINT TERRORISM TASK FORCES AND FUSION CENTERS. (a) In General.--The joint terrorism task forces of the Federal Bureau of Investigation and State, local, and regional fusion centers, as established under section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h), shall each, in coordination with the Domestic Terrorism Executive Committee and the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of section 4(a) of this Act-- (1) share intelligence to address domestic terrorism activities; (2) conduct an annual, intelligence-based assessment of domestic terrorism activities in their jurisdictions; and (3) formulate and execute a plan to address and combat domestic terrorism activities in their jurisdictions. (b) Requirement.--The activities required under subsection (a) shall focus on the most significant domestic terrorism threats, as determined by the number of domestic terrorism related incidents from each category and subclassification in the joint report for the preceding year required under section 4(b). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Justice, the Federal Bureau of Investigation, and the Department of Homeland Security such sums as may be necessary to carry out this Act.

Domestic Terrorism Prevention Act of 2017 This bill authorizes: (1) a Domestic Terrorism Unit within the Office of Intelligence and Analysis of the Department of Homeland Security (DHS), which shall be responsible for monitoring and analyzing domestic terrorism activity; (2) a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice (DOJ), which shall be responsible for investigating and prosecuting incidents of domestic terrorism; and (3) a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation (FBI), which shall be responsible for investigating domestic terrorism activity. Such offices shall focus on the most significant domestic terrorism threats, as determined by the number of domestic terrorism related incidents in the preceding year. DHS, DOJ, and the FBI shall annually submit to Congress a joint report authored by such offices, which shall include: an assessment of the domestic terrorism threat posed by White supremacists; an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995, for the first report, and during the preceding year, for each subsequent report; and a quantitative analysis of domestic terrorism for the preceding year. The bill also authorizes a Domestic Terrorism Executive Committee, which shall coordinate with key public safety officials to promote information sharing and ensure an effective joint effort to combat domestic terrorism. The State and Local Anti-Terrorism Program, funded by DOJ's Bureau of Justice Assistance, shall include training and resources to assist state, local, and tribal law enforcement officers in understanding, detecting, deterring, and investigating acts of domestic terrorism. The joint terrorism task forces of the FBI and state, local, and regional fusion centers shall each, in coordination with the committee and such offices: (1) share intelligence to address domestic terrorism activities; (2) conduct an annual, intelligence-based assessment of domestic terrorism activities in their jurisdictions; and (3) formulate and execute a plan to address and combat such activities.

Domestic Terrorism Prevention Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Health Center Employee Health Coverage Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Federally Qualified Health Centers (referred to in this section as ``FQHCs'') are required under section 330 of the Public Health Service Act (42 U.S.C. 254b) to be located in, and serve, a community that is designated as ``medically underserved''. (2) FQHCs are required under such section 330 to make its services available to all residents of the community, without regard to ability to pay, and to make those services affordable by discounting charges for otherwise uncovered care to low- income families in accordance with family income. (3) FQHCs are required under such section 330 to provide comprehensive primary health care services, including preventive care, care for illness or injury, services which improve the accessibility of care, and the effectiveness of care. (4) FQHCs are required under such section 330 to be governed by a board of directors, a majority of whose members are active, registered patients of the health center, thus ensuring that the center is responsive to the health care needs of the community it serves. (5) FQHCs delivered comprehensive primary and preventive care to more than 15,000,000 people in 2004, more than 6,000,000 of whom had no health insurance coverage. (6) FQHCs employ nearly 100,000 people across the United States. (7) FQHCs are being challenged by increasing financial pressures that jeopardize their ability to provide health services to medically underserved populations, including the elderly, the uninsured, and lower-income individuals. (8) Health insurance costs in the small employer market have risen more than 30 percent in the past 2 years, forcing many FQHCs to use additional Federal funding to continue to provide health insurance coverage for their employees. (9) The Federal Government negotiates premiums with health insurance companies for millions of Federal employees, thereby ensuring the best possible rates under the Federal Employee Health Benefit Program (referred to in this section as ``FEHBP''). (10) Last year FEHBP premiums increased 7.5 percent, far less than that of even large employers. (11) FQHCs receive Federal grants from the Health Resource and Services Administration that help cover the cost of providing high quality, affordable health care for everyone in their communities, including the uninsured. (12) FQHCs use a portion of their Federal grant to cover the cost of health insurance for their employees. (13) As health insurance premiums rise, FQHCs may be forced to reduce health insurance coverage for their own employees, or reduce the availability of care in their communities. (14) Last year, almost 1,400,000 Americans joined the ranks of the uninsured--bringing our Nation's total to more than 45,000,000 people without health insurance, while another 30,000,000 or more are underinsured. (15) The uninsured are in significantly worse health than those with health insurance, receive fewer preventive services, are less likely to receive regular care for chronic diseases, and are more likely to be hospitalized for a condition that could have been treated more effectively with timely access to ambulatory care. (16) Adding FQHC employees to the list of those covered under the FEHBP would help control rising health insurance costs, reduce the cost of providing health insurance to their employees, and enable centers to use scarce funds to continue providing care in their communities. SEC. 3. ADDITION OF HEALTH CENTER EMPLOYEES TO FEHBP. (a) Definitions.--Section 8901(l) of title 5, United States Code, is amended-- (1) in subparagraph (H), by striking ``and'' at the end; (2) in subparagraph (I), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(J) an individual who is an employee of a federally qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))) that has elected to offer coverage under this chapter or who is an employee of a grantee that is receiving funds under section 330(l) of the Public Health Service Act (42 U.S.C. 254b(l)) that has elected to offer coverage under this chapter.''. (b) Employees Health Benefits Fund.--Section 8909 of title 5, United States Code, is amended by adding at the end the following: ``(h) An individual who is an employee of a federally qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))) who has elected coverage under this chapter or who is an employee of a grantee that is receiving funds under section 330(l) of the Public Health Service Act (42 U.S.C. 254b(l)) who has elected coverage under this chapter shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of-- ``(1) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and ``(2) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).''.

Community Health Center Employee Health Coverage Act of 2006 - Expands the definition of "employee" for purposes of the Federal Employees Health Benefits (FEHB) program to include an individual who is an employee of a federally qualified heath center, or a grantee providing technical or other assistance to such a center, that has elected to offer FEHB coverage. Requires such an employee to pay both the employee and agency contributions and administrative expenses.

A bill to permit individuals who are employees of a grantee that is receiving funds under section 330 of the Public Health Service Act to enroll in health insurance coverage provided under the Federal Employees Health Benefits Program.

SECTION 1. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS. Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following: ``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS. ``(a) Discontinuance of Regulation by the Commission.-- Notwithstanding sections 4(e) and 23(b), the Commission shall discontinue exercising licensing and regulatory authority under this Part over qualifying project works in the State of Alaska, effective on the date on which the Commission certifies that the State of Alaska has in place a regulatory program for water-power development that-- ``(1) protects the public interest, the purposes listed in paragraph (2), and the environment to the same extent provided by licensing and regulation by the Commission under this Part and other applicable Federal laws, including the Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.); ``(2) gives equal consideration to the purposes of-- ``(A) energy conservation; ``(B) the protection, mitigation of damage to, and enhancement of, fish and wildlife (including related spawning grounds and habitat); ``(C) the protection of recreational opportunities, ``(D) the preservation of other aspects of environmental quality, ``(E) the interests of Alaska Natives, and ``(F) other beneficial public uses, including irrigation, flood control, water supply, and navigation; and ``(3) requires, as a condition of a license for any project works-- ``(A) the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate; ``(B) the operation of any navigation facilities which may be constructed as part of any project to be controlled at all times by such reasonable rules and regulations as may be made by the Secretary of the Army; and ``(C) conditions for the protection, mitigation, and enhancement of fish and wildlife based on recommendations received pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies. ``(b) Definition of `Qualifying Project Works'.--For purposes of this section, the term `qualifying project works' means project works-- ``(1) that are not part of a project licensed under this Part or exempted from licensing under this Part or section 405 of the Public Utility Regulatory Policies Act of 1978 prior to the date of enactment of this section; ``(2) for which a preliminary permit, a license application, or an application for an exemption from licensing has not been accepted for filing by the Commission prior to the date of enactment of subsection (c) (unless such application is withdrawn at the election of the applicant); ``(3) that are part of a project that has a power production capacity of 5,000 kilowatts or less; ``(4) that are located entirely within the boundaries of the State of Alaska; and ``(5) that are not located in whole or in part on any Indian reservation, a conservation system unit (as defined in section 102(4) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102(4))), or segment of a river designated for study for addition to the Wild and Scenic Rivers System. ``(c) Election of State Licensing.--In the case of nonqualifying project works that would be a qualifying project works but for the fact that the project has been licensed (or exempted from licensing) by the Commission prior to the enactment of this section, the licensee of such project may in its discretion elect to make the project subject to licensing and regulation by the State of Alaska under this section. ``(d) Project Works on Federal Lands.--With respect to projects located in whole or in part on a reservation, a conservation system unit, or the public lands, a State license or exemption from licensing shall be subject to-- ``(1) the approval of the Secretary having jurisdiction over such lands; and ``(2) such conditions as the Secretary may prescribe. ``(e) Consultation With Affected Agencies.--The Commission shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce before certifying the State of Alaska's regulatory program. ``(f) Application of Federal Laws.--Nothing in this section shall preempt the application of Federal environmental, natural resources, or cultural resources protection laws according to their terms. ``(g) Oversight by the Commission.--The State of Alaska shall notify the Commission not later than 30 days after making any significant modification to its regulatory program. The Commission shall periodically review the State's program to ensure compliance with the provisions of this section. ``(h) Resumption of Commission Authority.--Notwithstanding subsection (a), the Commission shall reassert its licensing and regulatory authority under this Part if the Commission finds that the State of Alaska has not complied with one or more of the requirements of this section. ``(i) Determination by the Commission.-- ``(1) Upon application by the Governor of the State of Alaska, the Commission shall within 30 days commence a review of the State of Alaska's regulatory program for water-power development to determine whether it complies with the requirements of subsection (a). ``(2) The Commission's review required by paragraph (1) shall be completed within one year of initiation, and the Commission shall within 30 days thereafter issue a final order determining whether or not the State of Alaska's regulatory program for water-power development complies with the requirements of subsection (a). ``(3) If the Commission fails to issue a final order in accordance with paragraph (2), the State of Alaska's regulatory program for water-power development shall be deemed to be in compliance with subsection (a).''. Passed the Senate March 25, 1999. Attest: GARY SISCO, Secretary.

Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to discontinue its licensing and regulatory authority over certain new, small (power production capacity of 5,000 kilowatts or less) qualifying hydroelectric project works in Alaska effective upon FERC certification that Alaska has a regulatory program in place for water-power development that: (1) protects certain public and environmental interests to the same extent provided by FERC and specified Federal law; (2) gives equal consideration to energy conservation, fish and wildlife protection, recreational opportunities, environmental quality, the interests of Alaska Natives, and beneficial public uses; and (3) has licensing requirements for construction, operation and maintenance of lights, signals, and fishways by a licensee at its own expense, operation of navigation facilities subject to Secretary of the Army regulations, and fish and wildlife protection and enhancement based upon Federal and State agency recommendations. Authorizes the licensee of a project works licensed before enactment of this Act to elect to subject such works to licensing and regulation by Alaska in accordance with this Act. Declares that, with respect to project works on an Indian reservation, a conservation system unit, or Federal public lands, a State license or exemption from license shall be subject to the approval of the Secretary having jurisdiction over such lands, and such conditions as the Secretary may prescribe. Requires FERC to consult with the Secretaries of the Interior, of Agriculture, and of Commerce before certifying Alaska's regulatory program. Requires the State of Alaska to notify FERC within 30 days after making any significant modification to its regulatory program. Requires FERC to reassert its regulatory and licensing authority if Alaska has not complied with one or more requirements of this Act. Prescribes FERC compliance review procedures.

A bill to provide for Alaska state jurisdiction over small hydroelectric projects.

SECTION 1. SHORT TITLE. This Act may be cited as the ``National Border and Homeland Security Act''. SEC. 2. PRIORITY DISTRIBUTIONS UNDER THE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the following: ``(7) In distributing amounts under this subsection to a State or political subdivision of a State, including a municipality, for a fiscal year, the Attorney General shall prioritize compensating-- ``(A) States that are on the northern or southern border; or ``(B) political subdivisions of States, including municipalities, that, in the determination of the Attorney General, have one of the four largest populations of aliens unlawfully present in the United States for the preceding fiscal year.''. SEC. 3. FENCING ALONG AND OPERATIONAL CONTROL OF THE SOUTHWEST BORDER. (a) Fencing.--Section 102(b)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended-- (1) in subparagraph (A), by inserting ``, not later than December 31, 2015,'' before ``construct''; and (2) in subparagraph (B)-- (A) in clause (i), by striking ``370 miles, or other mileage determined by the Secretary, whose authority to determine other mileage shall expire on December 31, 2008,'' and inserting ``areas''; and (B) in clause (ii), by striking ``2008'' and inserting ``2015''. (b) Operational Control.--Subsection (a) of section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367) is amended, in the matter preceding paragraph (1)-- (1) by striking ``18 months after the date of the enactment of this Act,'' and inserting ``December 31, 2015,''; and (2) by inserting ``, in consultation with State and local officials along the international border between the United States and Mexico, including border State governors, mayors of border towns and cities, and border sheriffs,'' before ``shall''. SEC. 4. BORDER PATROL AGENTS. The Secretary of Homeland Security shall increase the number of positions for full-time, active-duty Border Patrol agents over the number of such agents for the preceding fiscal year as follows: (1) Three thousand such agents for fiscal year 2015 (with 2,500 such agents deployed to the southern border and 500 such agents deployed to the northern border). (2) One thousand such agents for fiscal year 2016 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border). (3) One thousand such agents for fiscal year 2017 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border). (4) One thousand such agents for fiscal year 2018 (with 800 such agents deployed to the southern border and 200 such agents deployed to the northern border). SEC. 5. CUSTOMS AND BORDER PROTECTION. For each of fiscal years 2015, 2016, 2017, and 2018, the Secretary of Homeland Security shall increase by not fewer than 200 the number of United States Customs and Border Protection officers at United States ports of entry over the number of such officers at such ports for the preceding fiscal year. SEC. 6. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. (a) In General.--Not later than 18 months after the date of enactment of this Act, the Secretary of Homeland Security shall establish the biometric entry and exit data system required by section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), notwithstanding any other dates specified in such section. (b) Requirements.--In addition to the features required by the biometric entry and exit data system in accordance with section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), the Secretary of Homeland Security shall ensure that such system is established and in operation at each port of entry in the United States. SEC. 7. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO BORDER SECURITY. On public lands of the United States, neither the Secretary of the Interior nor the Secretary of Agriculture may impede, prohibit, or restrict activities of the Secretary of Homeland Security to achieve operational control (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109-367). SEC. 8. GLOBAL NUCLEAR DETECTION ARCHITECTURE. Section 1902(a) of the Homeland Security Act of 2002 (6 U.S.C. 592(a)) is amended-- (1) in paragraph (1), by inserting before the semicolon at the end the following: ``, particularly with respect to potential smuggling routes in land border areas between ports of entry, railcars entering the United States from Canada or Mexico, and private aircraft or small vessels''; (2) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; (3) by inserting after paragraph (12) the following new paragraph: ``(13) develop objectives to be accomplished to carry out this subsection, identify roles and responsibilities for meeting such objectives, ensure that the funding necessary to achieve such objectives is available, and employ monitoring mechanisms to determine progress toward achieving such objectives;''; and (4) in paragraph (14), as so redesignated, by striking ``paragraphs (10), (11), and (12)'' and inserting ``this subsection''. SEC. 9. PORTABLE RADIATION DETECTORS AND RADIOACTIVE ISOTOPE IDENTIFICATION DEVICES. Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall determine the number of next generation portable radiation detectors (PRD) and radioactive isotope identification devices (RIID) required by Border Patrol agents patrolling the southern and northern borders of the United States and procure such detectors and devices. SEC. 10. STRATEGIC PLAN TO DETECT AND INTERDICT BIOLOGICAL AND CHEMICAL WEAPONS. (a) In General.-- (1) Development.--Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall develop a strategic plan (in this section referred to as the ``Plan'') to detect and interdict biological and chemical weapons entering the United States. (2) Implementation.--The Secretary of Homeland Security shall complete implementation of the Plan not later than two years after the development of the Plan under paragraph (1). (b) Reports to Congress.-- (1) Initial report.--Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report that describes the Plan. (2) Annual report.--Not later than two years after the submission of the initial report under paragraph (1) and annually thereafter, the Secretary of Homeland Security shall submit reports to Congress on the implementation of the Plan.

National Border and Homeland Security Act - Amends the Immigration and Nationality Act to give state criminal alien assistance program (SCAAP) funding priority to: (1) northern or southern border states, or (2) state political subdivisions having one of the four largest populations of unlawfully present aliens for the preceding fiscal year. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary of Homeland Security (DHS) (Secretary) to complete the required 700 mile southwest border fencing and priority-area fencing by December 31, 2015. Amends the Secure Fence Act of 2006 to direct the Secretary, in consultation with state and local officials along the U.S.-Mexico border, to achieve operational control over U.S. international land and maritime borders by December 31, 2015. Directs the Secretary to: increase the number of full-time, active-duty Border Patrol agents through FY2018; increase the number of U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry through FY2018; and establish within 18 months the biometric entry and exit data system required by the Intelligence Reform and Terrorism Prevention Act of 2004. Prohibits the Secretary of the Interior and the Secretary of Agriculture (USDA) from impeding border security-related activities by the Secretary on U.S. public lands. Amends the Homeland Security Act of 2002 to direct the Domestic Nuclear Detection Office (of DHS), in protecting the United States from a nuclear, fissile material, or radiological attack, to consider potential smuggling routes in land border areas between ports of entry, railcars entering the United States from Canada or Mexico, and private aircraft or small vessels. Directs the Secretary to procure within one year the number of next generation portable radiation detectors (PRDs) and radioactive isotope identification devices (RIIDs) required by the Border Patrol along the southern and northern U.S. borders. Directs the Secretary to develop within one year, and implement within two years of development, a strategic plan to detect and interdict biological and chemical weapons entering the United States.

National Border and Homeland Security Act

SECTION 1. PROHIBITION OF NARCO-TERRORISM. Part A of the Controlled Substance Import and Export Act (21 U.S.C. 951 et seq.) is amended by inserting after section 1010 the following: ``narco-terrorists who aid and support terrorists or terrorist organizations ``Sec. 1010A. (a) Prohibited Acts.--It shall be unlawful, in a circumstance described in subsection (c), to manufacture, distribute, import, export, or possess with intent to distribute or manufacture a controlled substance, or to attempt or conspire to do so, knowing or intending that such activity, directly or indirectly, aid or provide support, resources, or anything of pecuniary value to-- ``(1) a terrorist organization; or ``(2) any person or group involved in the planning, preparation for, or carrying out of, a terrorist offense. ``(b) Penalties.--Whoever violates subsection (a)-- ``(1) shall be fined under title 18, United States Code, imprisoned for not less than 20 years and not more than life, or both; and ``(2) shall be sentenced to a term of supervised release of not less than 5 years. ``(c) Jurisdiction.--There is jurisdiction over an offense under this section if-- ``(1) the prohibited drug activity or the terrorist offense is in violation of the criminal laws of the United States; ``(2) the offense or the prohibited drug activity occurs in or affects interstate or foreign commerce; ``(3) the offense, the prohibited drug activity, or the terrorist offense involves the use of the mails or a facility of interstate or foreign commerce; ``(4) the terrorist offense occurs in or affects interstate or foreign commerce or would have occurred in or affected interstate or foreign commerce had it been consummated; ``(5) an offender provides anything of pecuniary value to a terrorist organization; ``(6) an offender provides anything of pecuniary value for a terrorist offense that is designed to influence the policy or affect the conduct of the United States Government; ``(7) an offender provides anything of pecuniary value for a terrorist offense that occurs in part within the United States and is designed to influence the policy or affect the conduct of a foreign government; ``(8) an offender provides anything of pecuniary value for a terrorist offense-- ``(A) that causes or is designed to cause death or serious bodily injury to a national of the United States while that national is outside the United States; or ``(B) that causes or is designed to cause substantial damage to the property of a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions) while that property is outside of the United States; ``(9) the offense occurs in whole or in part within the United States and an offender provides anything of pecuniary value for a terrorist offense that is designed to influence the policy or affect the conduct of a foreign government; ``(10) the offense or the prohibited drug activity occurs in whole or in part outside of the United States (including on the high seas), and a perpetrator of the offense or the prohibited drug activity is a national of the United States or a legal entity organized under the laws of the United States (including any of its States, districts, commonwealths, territories, or possessions); or ``(11) after the conduct required for the offense occurs, an offender is brought into or found in the United States, even if the conduct required for the offense occurs outside the United States. ``(d) Proof Requirements.--In a prosecution for a violation of subsection (a), the Government shall not be required to prove that any defendant knew that an organization was designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). ``(e) Definitions.--In this section, the following definitions shall apply: ``(1) Anything of pecuniary value.--The term `anything of pecuniary value' has the meaning given the term in section 1958(b)(1) of title 18, United States Code. ``(2) Terrorist offense.--The term `terrorist offense' means-- ``(A) an act which constitutes an offense within the scope of a treaty, as defined under section 2339C(e)(7) of title 18, United States Code, which has been implemented by the United States; or ``(B) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act. ``(3) Terrorist organization.--The term `terrorist organization' has the meaning given the term in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).''.

Amends the Controlled Substance Import and Export Act to prohibit manufacturing, distributing, importing, exporting, or possessing with intent to distribute or manufacture a controlled substance knowing or intending that such activity aids or provides support to: (1) a foreign terrorist organization; or (2) any person or group involved in planning, preparing for, or carrying out a terrorist offense. Provides that the government shall not be required, in a prosecution for such a violation, to prove that a defendant knew that an organization was designated as a foreign terrorist organization.

A bill to prohibit narco-terrorists from aiding and supporting terrorists and terrorist organizations.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Trafficking Vessel Interdiction Act of 2008''. TITLE I--CRIMINAL PROHIBITION SEC. 101. FINDINGS AND DECLARATIONS. Congress finds and declares that operating or embarking in a submersible vessel or semi-submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States. SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. (a) In General.--Chapter 111 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 2285. Operation of submersible vessel or semi-submersible vessel without nationality ``(a) Offense.--Whoever knowingly operates, or attempts or conspires to operate, by any means, or embarks in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection, shall be fined under this title, imprisoned not more than 15 years, or both. ``(b) Evidence of Intent To Evade Detection.--For purposes of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) of title 46 may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. ``(c) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section, including an attempt or conspiracy to commit such an offense. ``(d) Claim of Nationality or Registry.--A claim of nationality or registry under this section includes only-- ``(1) possession on board the vessel and production of documents evidencing the vessel's nationality as provided in article 5 of the 1958 Convention on the High Seas; ``(2) flying its nation's ensign or flag; or ``(3) a verbal claim of nationality or registry by the master or individual in charge of the vessel. ``(e) Affirmative Defenses.-- ``(1) In general.--It is an affirmative defense to a prosecution for a violation of subsection (a), which the defendant has the burden to prove by a preponderance of the evidence, that the submersible vessel or semi-submersible vessel involved was, at the time of the offense-- ``(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; ``(B) classed by and designed in accordance with the rules of a classification society; ``(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or ``(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system. ``(2) Production of documents.--The affirmative defenses provided by this subsection are proved conclusively by the production of-- ``(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; ``(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or ``(C) government documents evidencing licensure, regulation, or registration for commerce, research, or exploration. ``(f) Federal Activities Excepted.--Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the United States Government. ``(g) Applicability of Other Provisions.--Sections 70504 and 70505 of title 46 apply to offenses under this section in the same manner as they apply to offenses under section 70503 of such title. ``(h) Definitions.--In this section, the terms `submersible vessel', `semi-submersible vessel', `vessel of the United States', and `vessel without nationality' have the meaning given those terms in section 70502 of title 46.''. (b) Clerical Amendment.--The chapter analysis for chapter 111 of title 18, United States Code, is amended by inserting after the item relating to section 2284 the following: ``2285. Operation of submersible vessel or semi-submersible vessel without nationality.''. SEC. 103. SENTENCING GUIDELINES. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall promulgate sentencing guidelines (including policy statements) or amend existing sentencing guidelines (including policy statements) to provide adequate penalties for persons convicted of knowingly operating by any means or embarking in any submersible vessel or semi-submersible vessel in violation of section 2285 of title 18, United States Code. (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offense described in section 2285 of title 18, United States Code, and the need for deterrence to prevent such offenses; (2) account for any aggravating or mitigating circumstances that might justify exceptions, including-- (A) the use of a submersible vessel or semi- submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies; (B) the repeated use of a submersible vessel or semi-submersible vessel described in section 2285 of title 18, United States Code, to facilitate other felonies, including whether such use is part of an ongoing criminal organization or enterprise; (C) whether the use of such a vessel involves a pattern of continued and flagrant violations of section 2285 of title 18, United States Code; (D) whether the persons operating or embarking in a submersible vessel or semi-submersible vessel willfully caused, attempted to cause, or permitted the destruction or damage of such vessel or failed to heave to when directed by law enforcement officers; and (E) circumstances for which the sentencing guidelines (and policy statements) provide sentencing enhancements; (3) ensure reasonable consistency with other relevant directives, other sentencing guidelines and policy statements, and statutory provisions; (4) make any necessary and conforming changes to the sentencing guidelines and policy statements; and (5) ensure that the sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. TITLE II--CIVIL PROHIBITION SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. (a) Finding and Declaration.--Section 70501 of title 46, United States Code, is amended-- (1) by inserting ``(1)'' after ``that''; and (2) by striking ``States.'' and inserting ``States and (2) operating or embarking in a submersible vessel or semi- submersible vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat to the safety of maritime navigation and the security of the United States.''. SEC. 202. OPERATION PROHIBITED. (a) In General.--Chapter 705 of title 46, United States Code, is amended by adding at the end thereof the following: ``Sec. 70508. Operation of submersible vessel or semi-submersible vessel without nationality ``(a) In General.--An individual may not operate by any means or embark in any submersible vessel or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to evade detection ``(b) Evidence of Intent To Evade Detection.--In any civil enforcement proceeding for a violation of subsection (a), the presence of any of the indicia described in paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6), of section 70507(b) may be considered, in the totality of the circumstances, to be prima facie evidence of intent to evade detection. ``(c) Defenses.-- ``(1) In general.--It is a defense in any civil enforcement proceeding for a violation of subsection (a) that the submersible vessel or semi-submersible vessel involved was, at the time of the violation-- ``(A) a vessel of the United States or lawfully registered in a foreign nation as claimed by the master or individual in charge of the vessel when requested to make a claim by an officer of the United States authorized to enforce applicable provisions of United States law; ``(B) classed by and designed in accordance with the rules of a classification society; ``(C) lawfully operated in government-regulated or licensed activity, including commerce, research, or exploration; or ``(D) equipped with and using an operable automatic identification system, vessel monitoring system, or long range identification and tracking system. ``(2) Production of documents.--The defenses provided by this subsection are proved conclusively by the production of-- ``(A) government documents evidencing the vessel's nationality at the time of the offense, as provided in article 5 of the 1958 Convention on the High Seas; ``(B) a certificate of classification issued by the vessel's classification society upon completion of relevant classification surveys and valid at the time of the offense; or ``(C) government documents evidencing licensure, regulation, or registration for research or exploration. ``(d) Civil Penalty.--A person violating this section shall be liable to the United States for a civil penalty of not more than $1,000,000.'' (b) Conforming Amendments.-- (1) The chapter analysis for chapter 705 of title 46, United States Code, is amended by inserting after the item relating to section 70507 the following: ``70508. Operation of submersible vessel or semi-submersible vessel without nationality.''. (2) Section 70504(b) of title 46, United States Code, is amended by inserting ``or 70508'' after ``70503''. (3) Section 70505 of title 46, United States Code, is amended by striking ``this title'' and inserting ``this title, or against whom a civil enforcement proceeding is brought under section 70508,''. SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED. Section 70502 of title 46, United States Code, is amended by adding at the end thereof the following: ``(f) Semi-Submersible Vessel; Submersible Vessel.--In this chapter: ``(1) Semi-submersible vessel.--The term `semi-submersible vessel' means any watercraft constructed or adapted to be capable of operating with most of its hull and bulk under the surface of the water, including both manned and unmanned watercraft. ``(2) Submersible vessel.--The term `submersible vessel' means a vessel that is capable of operating completely below the surface of the water, including both manned and unmanned watercraft.''.

Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.

To amend titles 46 and 18, United States Code, with respect to the operation of submersible vessels and semi-submersible vessels without nationality.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Former Civilian Prisoners of War Benefits Act of 1996''. SEC. 2. MEDICAL CARE AND DISABILITY BENEFITS. (a) Eligibility.--A former civilian prisoner of war is entitled to receive necessary medical care and is entitled to receive disability benefits under this Act for any injury or disability resulting from the period of internment or hiding. (b) Presumptive Medical Conditions.--Any presumptive medical or dental condition related to a period of internment that is provided for former military prisoners of war under section 1112(b) of title 38, United States Code, shall be applicable under this Act to former civilian prisoners of war and shall be considered for such purposes to have been incurred in or aggravated by such period of internment or hiding, without regard to the absence of any record of such injury. (c) Payment of Medical Benefits.--(1) The Secretary of Labor shall facilitate the prompt payment or reimbursement for reasonable and necessary expenditures for all medical treatment, including rehabilitation, mental health services, and dental care, provided under this section for which a claim and any documentation determined necessary by the Secretary is filed with the Secretary. (2) The rate of payment for such medical treatment shall be as provided in the schedule of payments in effect at the time of such treatment for payments made under workers' compensation programs administered by the Secretary of Labor. To the extent a particular treatment is not covered by such schedule, or as otherwise determined necessary by the Secretary, the Secretary may establish a schedule of payments for purposes of this subsection. Any such schedule shall be established in consultation with the Secretary of Veterans Affairs. (d) Waiver of Limitations.--There shall be no limitation on the total medical or disability benefits that a former civilian prisoner of war may receive under this Act for any injury or disability resulting from a period of internment or hiding. (e) Rate of Compensation.--Compensation for a disability referred to in subsection (a) shall be at the rate equal to the minimum monthly rate of compensation payable for a total disability covered by chapter 81 of title 5, United States Code, as computed under section 8112(a) of that title. (f) Crediting Benefits Under the Social Security Act.--The benefits provided by this section to any person shall be reduced to the extent such benefits are provided under title XVIII of the Social Security Act, or any private insurance, for the same medical condition or disability. SEC. 3. ADVISORY COMMITTEE. (a) Establishment.--The Secretary of Labor shall establish an advisory committee to be known as the Former Civilian Prisoner of War Advisory Committee. The Secretary shall consult with and seek the advice of the advisory committee with respect to the administration of benefits under this Act. (b) Members.--The members of the advisory committee shall be appointed by the Secretary from the general public and shall include appropriate representatives of former civilian prisoners of war and individuals who are recognized authorities in fields pertinent to the injuries and disabilities prevalent among former civilian prisoners of war. The Secretary shall determine the number, terms of service, and pay and allowances of members of the advisory committee. SEC. 4. REPORT TO CONGRESS. Not later than March 1 of each year, the Secretary of Labor shall submit to Congress a report on the programs and activities of the Department of Labor that pertain to former civilian prisoners of war. The Secretary shall include in the report-- (1) an assessment of the needs of such civilian prisoners of war with respect to health and disability benefits; (2) a review of the programs and activities of the Office of Workers' Compensation Program designed to meet such needs; and (3) a summary of recommendations made by the advisory committee under section 3 and a description of actions taken by the Secretary arising from those recommendations. SEC. 5. INFORMATION ON BENEFITS. Not later than 90 days after the date of the enactment of this Act, and at appropriate times thereafter, the Secretary of Labor shall seek out former civilian prisoners of war and provide them with information regarding applicable changes in law, regulations, and services to which they are entitled under this Act. SEC. 6. REGULATIONS. The Secretary of Labor shall prescribe regulations to ensure that benefits provided to former civilian prisoners of war under this Act are coordinated with, and do not duplicate any benefits provided to such persons under, the War Claims Act of 1948 (50 U.S.C. App. 2001 et seq.). SEC. 7. DEFINITIONS. For purposes of this Act: (1)(A) Except as provided in subparagraph (B), the term ``former civilian prisoner of war'' means a person determined by the Secretary of Labor, in consultation with the Secretary of State and the Secretary of Defense, as being someone who, before the date of enactment of this Act and being then a citizen of the United States, was forcibly interned by an enemy government or its agents, or a hostile force, or went into hiding in order to avoid capture by such government, its agents, or hostile force, during a period of war, or other period for at least 30 days, including those interned or who went into hiding-- (i) in the Asian-Pacific Theater or the European Theater of World War II during the period beginning on September 1, 1939, and ending on December 31, 1946; (ii) in Korea during the period beginning on June 25, 1950, and ending on July 1, 1955; or (iii) in Vietnam during the period beginning on February 28, 1961, and ending on May 7, 1975. (B) Such term does not apply to-- (i) a person who at any time voluntarily gave aid to, collaborated with, or in any manner served such government, or (ii) a person who at the time of capture or entrance into hiding was-- (I) a person within the purview of the Act entitled ``An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes'', approved September 7, 1916; (II) a person within the purview of the Act entitled ``An Act to provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes'', approved December 2, 1942; or (III) a regularly appointed, enrolled, enlisted, or inducted member of any military or naval force. (2) The term ``hostile force'' means any nation, or any national thereof, or any other person serving a foreign nation-- (A) engaged in war against the United States or any of its allies; or (B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies. SEC. 8. EFFECTIVE DATE. (a) Medical Care.--This Act shall apply only with respect to medical care provided on or after the date of the enactment of this Act. (b) Disability Benefits.--No disability benefits may be paid under this Act with respect to any period before the date of the enactment of this Act.

Former Civilian Prisoners of War Benefits Act of 1996 - Entitles a former civilian prisoner of war (CPOW) to receive necessary medical care and disability benefits for any injury or disability resulting from the period of internment or hiding. Requires any presumptive medical or dental condition related to a period of internment provided for former military POWs to be extended to CPOWs and requires such condition to be considered to have been incurred in or aggravated by the period of internment or hiding regardless of the absence of any record of the injury. Requires the Secretary of Labor to facilitate the payment of any expenditures for medical treatment under this Act. Establishes the Former Civilian Prisoner of War Advisory Committee. Directs the Secretary to report to the Congress on Department of Labor programs and activities pertaining to CPOWs. Directs the Secretary to seek out and inform eligible individuals of the benefits available under this Act.

Former Civilian Prisoners of War Benefits Act of 1996

SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Advanced Technologies for Efficient Resource Use Act of 2009''. SEC. 2. WATERSENSE. (a) In General.--There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services in order-- (1) to reduce water use; (2) to reduce the strain on water, wastewater, and stormwater infrastructure; (3) to conserve energy used to pump, heat, transport, and treat water; and (4) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings and landscapes, and services that meet the highest water efficiency and performance standards. (b) Duties.--The Administrator of the Environmental Protection Agency shall-- (1) promote WaterSense labeled products, buildings and landscapes, and services in the market place as the preferred technologies and services for-- (A) reducing water use; and (B) ensuring product and service performance; (2) work to enhance public awareness of the WaterSense label through public outreach, education, and other means; (3) establish and maintain performance standards so that products, buildings and landscapes, and services labeled with the WaterSense label perform as well or better than their less efficient counterparts; (4) publicize the importance of proper installation of WaterSense plumbing products by a WaterSense-certified or, if WaterSense certification guidelines do not exist, licensed plumber or mechanical contractor, and the installation, maintenance, and audit of WaterSense irrigation systems by a WaterSense-certified irrigation professional to ensure optimal performance; (5) preserve the integrity of the WaterSense label; (6) regularly review and, when appropriate, update WaterSense criteria for categories of products, buildings and landscapes, and services, at least once every four years; (7) regularly collect and make available to the public summary data on the production and relative market shares of WaterSense labeled products, buildings and landscapes, and services, at least annually; (8) regularly estimate and make available to the public the water and energy savings attributable to the use of WaterSense labeled products, buildings and landscapes, and services, at least annually; (9) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion); (10) provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with-- (A) an explanation of changes; and (B) as appropriate, responses to comments submitted by interested parties; (11) provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; and (12) identify and, where appropriate, implement other voluntary approaches, such as labeling waterless devices that perform the same function as a water consuming product or encouraging reuse, reclamation, and recycling technologies, in commercial, institutional, residential, municipal, and industrial sectors to improve water efficiency or lower water use while meeting the performance standards established under paragraph (3). (c) Authorization of Appropriations.--There are authorized to be appropriated $7,500,000 for fiscal year 2010, $10,000,000 for fiscal year 2011, $20,000,000 for fiscal year 2012, and $50,000,000 for fiscal year 2013 and each year thereafter, adjusted for inflation, to carry out this section. SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT PRODUCTS. (a) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 7902(a) of title 5, United States Code. (2) Watersense product or service.--The term ``WaterSense product or service'' means a product or service that is rated for water efficiency under the WaterSense program. (3) Watersense program.--The term ``WaterSense program'' means the program established by section 2 of this Act. (4) FEMP designated product.--The term ``FEMP designated product'' means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for efficiency. (5) Product and service.--The terms ``product'' and ``service'' do not include any water consuming product or service designed or procured for combat or combat-related missions. The terms also exclude products or services already covered by the Federal procurement regulations established under section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b). (b) Procurement of Water Efficient Products.-- (1) Requirement.--To meet the requirements of an agency for a water consuming product or service, the head of the agency shall, except as provided in paragraph (2), procure-- (A) a WaterSense product or service; or (B) a FEMP designated product. A WaterSense plumbing product should preferably, when possible, be installed by a WaterSense-certified or, if WaterSense certification guidelines do not exist, licensed plumber or mechanical contractor, and a WaterSense irrigation system should preferably, when possible, be installed, maintained, and audited by a WaterSense-certified irrigation professional to ensure optimal performance. (2) Exceptions.--The head of an agency is not required to procure a WaterSense product or service or FEMP designated product under paragraph (1) if the head of the agency finds in writing that-- (A) a WaterSense product or service or FEMP designated product is not cost-effective over the life of the product, taking current and future energy, water, and wastewater cost savings into account; or (B) no WaterSense product or service or FEMP designated product is reasonably available that meets the functional requirements of the agency. (3) Procurement planning.--The head of an agency shall incorporate into the specifications for all procurements involving water consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria used for rating WaterSense products and services and FEMP designated products. The head of an agency shall consider, to the maximum extent practicable, additional measures for reducing agency water consumption, including water reuse, reclamation, and recycling technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-consuming products. (c) Listing of Water Efficient Products in Federal Catalogs.-- WaterSense products and services and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration and the Defense Logistics Agency shall supply only WaterSense products or FEMP designated products for all product categories covered by the WaterSense program or the Federal Energy Management Program, except in cases where the agency ordering a product specifies in writing that no WaterSense product or FEMP designated product is available to meet the buyer's functional requirements, or that no WaterSense product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy, water, and wastewater cost savings into account. (d) Regulations.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall issue regulations to carry out this section. SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible entity.--The term ``eligible entity'' means a State government, local or county government, tribal government, wastewater or sewage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of subsection (b). (3) Incentive program.--The term ``incentive program'' means a program for administering financial incentives for consumer purchase and installation of residential water efficient products and services as described in subsection (b)(1). (4) Residential water efficient product or service.--The term ``residential water efficient product or service'' means a product or service for a single-family or multifamily residence or its landscape that is rated for water efficiency and performance-- (A) by the WaterSense program; or (B) by an incentive program and approved by the Administrator. Categories of water efficient products and services may include faucets, irrigation technologies and services, point-of-use water treatment devices, reuse, reclamation, and recycling technologies, toilets, and showerheads. (5) Watersense program.--The term ``WaterSense program'' means the program established by section 2 of this Act. (b) Eligible Entities.--An entity shall be eligible to receive an allocation under subsection (c) if the entity-- (1) establishes (or has established) an incentive program to provide rebates, vouchers, other financial incentives, or direct installs to consumers for the purchase and installation of residential water efficient products or services; (2) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and (3) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program. (c) Amount of Allocations.-- (1) In general.--Subject to paragraph (2), for each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection (d) taking into consideration-- (A) the population served by the eligible entity in the most recent calendar year for which data are available; (B) the targeted population of the eligible entity's incentive program, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; (C) for existing programs, the effectiveness of the incentive program in encouraging the adoption of water efficient products and services; and (D) any prior year's allocation to the eligible entity that remains unused. (d) Use of Allocated Funds.--Funds allocated to an entity under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. (e) Fixture Recycling.--Entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section. (f) Issuance of Rebates.--Financial incentives may be provided to consumers that meet the requirements of the incentive program. The entity may issue all financial incentives directly to consumers or, with approval of the Administrator, delegate some or all financial incentive administration to other organizations including, but not limited to, local governments, municipal water authorities, and water utilities. The amount of a financial incentive shall be determined by the entity, taking into consideration-- (1) the amount of the allocation to the entity under subsection (c); (2) the amount of any Federal, State, or other organization's tax or financial incentive available for the purchase of the residential water efficient product or service; (3) the amount necessary to change consumer behavior to purchase water efficient products and services; and (4) the consumer expenditures for onsite preparation, assembly, and original installation of the product. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator to carry out this section $50,000,000 for fiscal year 2010, $100,000,000 for fiscal year 2011, $150,000,000 for fiscal year 2012, $100,000,000 for fiscal year 2013, and $50,000,000 for fiscal year 2014.

Water Advanced Technologies for Efficient Resource Use Act of 2009 - Establishes within the Environmental Protection Agency (EPA) a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services to reduce water use, conserve energy, and preserve water resources. Sets forth the duties of the EPA Administrator for promoting, publicizing, and administering the WaterSense program. Requires federal agencies to purchase WaterSense products or services or a Federal Energy Management Program designated product through their procurement process. Establishes a program to provide financial incentives for consumer purchase and installation of residential water efficient products and services.

To encourage water efficiency.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Achievements of the GI Bill Gold Medal Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The life of Harry W. Colmery of Topeka, Kansas, was marked by exemplary service to his country. (2) Harry Colmery served the United States with distinction during World War I as a first lieutenant and pilot instructor in the Army Air Corps. (3) Upon his return, Harry Colmery remained involved in issues important to the United States Armed Forces and veterans community through the American Legion, serving as the national commander of the American Legion from 1936 to 1937. (4) In 1943, the United States faced an unprecedented number of servicemen and women returning from World War II to civilian life, more than 15,000,000 soldiers, sailors, airmen, and Marines. (5) Harry Colmery, and others with the American Legion, helped spearhead efforts to ensure that government programs were in place to ensure that these members of the United States Armed Forces would face an easy transition back to civilian life. (6) During a December 1943 emergency meeting of American Legion leadership to address these concerns at the Mayflower Hotel in Washington, DC, Harry Colmery crafted the initial draft of the Servicemen's Readjustment Act of 1944, also known as the GI Bill of Rights. (7) This pioneering piece of legislation sought to help GIs buy homes, start businesses, and attend college or technical school upon their return from World War II. (8) Due to Harry Colmery's advocacy, President Franklin D. Roosevelt signed the GI Bill of Rights into law on June 22, 1944. (9) In the decade following World War II, more than 2,000,000 eligible men and women went to college using the GI Bill of Rights, and another 5,000,000 received other schooling or job training under the GI Bill. (10) From 1944 to 1952, the Veterans Administration backed nearly 2,400,000 home loans for World War II veterans due to the GI Bill of Rights. (11) The GI Bill of Rights has been heralded as one of the most significant pieces of legislation ever produced by the Federal Government, one that has impacted the United States socially, economically, and politically. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a single gold medal of appropriate design in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 (commonly referred to as the ``GI Bill of Rights''), in recognition of the great contributions such recipients made to the Nation in both their military and civilian service and the contributions of Harry W. Colmery in initiating actions which led to the enactment of that Act. (b) Design and Striking.-- (1) In general.--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. (2) Obverse and reverse.--The obverse of the gold medal shall bear the image of Harry W. Colmery and the reverse shall bear a design emblematic of the Servicemen's Readjustment Act of 1944 and the achievements of the recipients of assistance under such Act. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations selected by the Secretary of Veterans Affairs, the Secretary of Defense, or the Secretary of Education. SEC. 4. 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. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck under 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, Unites States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. 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 stuck 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.

Achievements of the GI Bill Gold Medal Act - Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a single gold medal in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 (commonly known as the GI Bill of Rights), in recognition of their great contributions in both their military and civilian life, and the contributions of Harry W. Colmery in initiating actions which led to the enactment of that Act. Requires the medal, following its award, to be given to the Smithsonian Institution for display. Expresses the sense of Congress that the medal should be made available for display elsewhere, particularly at appropriate locations selected by the Secretaries of Veterans Affairs (VA), Defense (DOD), or Education.

To award a Congressional Gold Medal in honor of the recipients of assistance under the Servicemen's Readjustment Act of 1944 (commonly referred to as the "GI Bill of Rights") in recognition of the great contributions such recipients made to the Nation in both their military and civilian service and the contributions of Harry W. Colmery in initiating actions which led to the enactment of that Act, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Treatment and Care Tools Act of 2009'' or the ``ConTACT Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) Concussions are mild traumatic brain injuries, the long-term effects of which are not well understood. (2) As many as 3.8 million concussions related to sports and recreation are estimated to occur in the United States each year, although reliable data does not exist on the incidence of concussions and second impact syndrome among student athletes. (3) There is an increased risk for subsequent brain injuries among persons who have had at least one previous brain injury. (4) A repeat concussion, one that occurs before the brain recovers from a previous concussion, can slow recovery or increase the likelihood of having long-term problems. (5) In rare cases, repeat concussions can result in second impact syndrome, which can be marked by brain swelling, permanent brain damage, and death. (6) Recurrent brain injuries and second impact syndrome are highly preventable. (7) Many national organizations, including the American Academy of Neurology, the National Football League, the American Academy of Family Physicians, and the Brain Injury Association of America, have adopted concussion management guidelines, but multiple directives have created confusion and sparked debate. SEC. 3. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL-AGED CHILDREN. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following: ``SEC. 317U. CONCUSSION MANAGEMENT GUIDELINES WITH RESPECT TO SCHOOL- AGED CHILDREN. ``(a) Concussion Management Guidelines.-- ``(1) Establishment.--Not later than 2 years after the date of the enactment of this section, the Secretary shall establish concussion management guidelines (hereinafter in this section referred to as the `guidelines') that address the prevention, identification, treatment, and management of concussions in school-aged children, including standards for student athletes to return to play after a concussion. ``(2) Conference.--The Secretary shall convene a conference of medical, athletic, and educational stakeholders for purposes of assisting in the establishment of the guidelines. ``(b) Grants to States.-- ``(1) In general.--After establishing the guidelines, the Secretary may make grants to States for purposes of-- ``(A) adopting, disseminating, and ensuring the implementation by elementary and secondary schools of the guidelines; and ``(B) funding implementation by elementary and secondary schools of computerized pre-season baseline and post-injury neuropsychological testing for student athletes. ``(2) Grant applications.-- ``(A) In general.--To be eligible to receive a grant under this section, the Secretary shall require a State to submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. ``(B) Minimum contents.--The Secretary shall require that an application of a State under subparagraph (A) shall contain at a minimum-- ``(i) a description of the strategies the State will use to disseminate and ensure the implementation by elementary and secondary schools of the guidelines, including any strategic partnerships that the State will form; and ``(ii) an agreement by the State to periodically provide data with respect to the incidence of concussions and second impact syndrome among student athletes in the State. ``(3) Utilization of high school sports associations and local chapters of national brain injury organizations.--In disseminating and ensuring the implementation by elementary and secondary schools of the guidelines pursuant to a grant under this section, the Secretary shall require States to utilize, to the extent practicable, applicable expertise and services offered by high school sports associations and local chapters of national brain injury organizations in such States. ``(c) Coordination of Activities.--In carrying out activities under this section, the Secretary shall coordinate in an appropriate manner with the heads of other Federal departments and agencies that carry out activities related to concussions and other traumatic brain injuries. ``(d) Reports.-- ``(1) Establishment of the guidelines.--Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (a). ``(2) Grant program and data collection.--Not later than 4 years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the implementation of subsection (b), including the number of States that have adopted the guidelines, the number of elementary and secondary schools that have implemented computerized pre-season baseline and post-injury neuropsychological testing for student athletes, and the data collected with respect to the incidence of concussions and second impact syndrome among student athletes. ``(e) Definitions.--In this section, the following definitions apply: ``(1) The term `school-aged child' means an individual who is 5 years of age through 18 years of age. ``(2) The term `second impact syndrome' means catastrophic or fatal events that occur when an individual suffers a concussion while symptomatic and healing from a previous concussion. ``(3) The term `Secretary' means the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. ``(4) The term `State' means each of the 50 States and the District of Columbia. ``(5) The term `student athlete' means a school-aged child in any of the grades 6th through 12th who participates in a sport through such child's elementary or secondary school. ``(f) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated to the Secretary $5,000,000 for fiscal year 2010 and such sums as may be necessary for each of fiscal years 2011 through 2014.''.

Concussion Treatment and Care Tools Act of 2009 or the ConTACT Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) establish concussion management guidelines that address the prevention, identification, treatment, and management of concussions in school-aged children, including standards for student athletes to return to play after a concussion; and (2) convene a conference of medical, athletic, and educational stakeholders to establish such guidelines. Authorizes the Secretary to make grants to states for: (1) adopting, disseminating, and ensuring the implementation by schools of the guidelines; and (2) funding implementation by schools of computerized preseason baseline and post-injury neuropsychological testing for student athletes. Directs the Secretary to require states to utilize, to the extent practicable, applicable expertise and services offered by local chapters of national brain injury organizations.

A bill to amend title III of the Public Health Service Act to provide for the establishment and implementation of concussion management guidelines with respect to school-aged children, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Bisti PRLA Dispute Resolution Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) resolve a conflict among the Navajo Nation, the Bureau of Land Management and a coal preference right lease applicant that is preventing the conveyance of certain public land selected by the Navajo Nation in 1981 in northwestern New Mexico under section 11 of Public Law 93-531 (25 U.S.C. 640d- 10); (2) permit the Navajo Nation to use the selected lands described in paragraph (1) in the manner provided for in subsection (h) of such section 11 (25 U.S.C. 640d-10(h)), either as the site of relocation of Navajo families residing on Hopi-partitioned lands in Arizona, or as the site of commercial use and development to generate revenue for the benefit of those relocatees; (3) resolve a conflict among members of the Navajo Nation who hold interests in allotments on such lands, the Bureau of Land Management and a coal preference right lease applicant that was the subject of litigation in the United States District Court for the District of New Mexico in Mescal. et al. v. United States et al. (Civil No. 83-1408 LH/WWH), consistent with the provisions of the settlement agreement of October 1, 1996 among the parties by which the case was resolved; (4) resolve conflicts over the management of public lands that have evaded resolution since shortly after coal prospecting permits were first issued in 1967; and (5) resolve such conflicts in a manner that-- (A) does not violate a coal lease applicant's valid existing rights as protected by section 2(b) of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 201(b))) and related laws; and (B) recognizes the reasonable value of such rights as established by discounted cash flow appraisal methods during the adjudication of the coal preference right lease applications. SEC. 3. EXCHANGE AUTHORIZATION AND DIRECTION. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall, upon the relinquishment by the holder or holders thereof of coal preference right lease applications captioned NMNM 3752, NMNM 3753, NMNM 3754, NMNM 3755, NMNM 3835, NMNM 3837, NMNM 3918, NMNM 3919, NMNM 6802, NMNM 7235 and NMNM 8745, issue to each such holder or holders a Certificate of Bidding Rights (in such form and manner as provided for under regulations promulgated by the Secretary under the coal leasing provisions of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 181 et seq.))) that constitutes the fair market value, as determined under section 4, of the relinquished coal preference right lease application involved. Such relinquishment shall be effective upon issuance of the Certificate of Bidding Rights. (b) No Adjudication.--The relinquishments and issuances required under subsection (a) shall occur without any further adjudication of the coal preference right lease applications by the Secretary of the Interior. SEC. 4. METHOD FOR DETERMINING FAIR MARKET VALUE. (a) In General.--Notwithstanding any other provision of law, the provisions of this section shall apply to the issuance of a Certificate of Bidding Rights under section 3. (b) Issuance.--Not later than 90 days after the date on which fair market value is determined under subsection (c) with respect to a preference right lease application to which this section applies, the Secretary of the Interior shall issue a Certificate of Bidding Rights for such application and notify Congress of such action. (c) Fair Market Value.-- (1) In general.--The fair market value of a preference right lease application to which this section applies shall be determined by the Secretary of the Interior based on the recommendations of a panel appointed under paragraph (2). (2) Panel.--A panel under this paragraph shall be composed of 4 representatives-- (A) one representative to be appointed by the Secretary of the Interior; (B) one representative to be appointed by the holder of the preference right lease application involved; (C) one representative to be appointed by the chief executive officer of Wyoming; and (D) one representative to be appointed by the chief executive officer of New Mexico. (3) Evidence.--Evidence of the fair market value of a preference right lease application that may be considered by a panel under this subsection shall be evidence of the same nature as the evidence that is considered by the Bureau of Land Management in determining whether a holder of a preference right lease application has met the legal test established in regulations promulgated by the Secretary of the Interior for determining whether the holder has made a valuable discovery of coal in commercial quantities. (4) Supplemental information.--In determining the fair market value of a coal reserve for purposes of paragraph (3), the panel may supplement information derived under such paragraph with testimony from witnesses or by affidavit, as the panel determines appropriate. SEC. 5. ISSUANCE OF PATENTS TO RELINQUISHED PREFERENCE RIGHT LEASE APPLICATIONS. (a) In General.--Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Bureau of Land Management, shall-- (1) not later than July 15, 2000, verify the selections of lands made by the Navajo Nation pursuant to section 11 of Public Law 93-531 (25 U.S.C. 640d-10); and (2) not later than 30 days after the relinquishment and issuance of bidding rights under section 3, issue patents to the Navajo Nation as provided for by law. (b) Enforcement.--The duties imposed on the Secretary of the Interior under this section shall be considered nondiscretionary and enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. SEC. 6. USE OF EXCHANGE BIDDING RIGHTS. (a) In General.--Notwithstanding any other provision of law-- (1) a Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 shall, subject to such procedures as the Secretary may establish pertaining to notice of transfer and accountings of holders and their balances, be transferable by the holder or holders thereof in whole or in part; (2) a Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 shall constitute a monetary credit that, subject to paragraph (3), may be applied, at the election of the holder or holders thereof, against rentals, advance royalties, or production royalties payable to the Secretary under Federal coal leases, as well as against bonus payments payable to the Secretary in the issuance of a Federal coal lease or Federal coal lease modification under the coal leasing provisions of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 181 et seq.)); and (3) whenever any Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 is applied by the holder or holders thereof as a monetary credit against a payment obligation under a Federal coal lease, the holder or holders may apply such bidding rights only against 50 percent of the amount payable under such lease, and shall pay the remaining 50 percent as provided for under the lease in cash or its equivalent. (b) Payment Under Lease Obligations.--Any payment of a Federal coal lease obligation by the holder or holders of a Certificate of Bidding Rights issued by the Secretary of the Interior under section 3 shall be treated as money received under section 35 of the Act of February 25, 1920 (commonly known as the Mineral Leasing Act (30 U.S.C. 191)), but shall only be credited and redistributed by the Secretary as follows: (1) Fifty percent of the amount paid in cash or its equivalent shall be fully redistributed to the State in which the lease is located and be treated as a 50 percent redistribution under such section 35. (2) Fifty percent of the amount paid through a crediting of the bidding rights involved shall be treated as a payment that is subject to redistribution under such section 35 to the Reclamation and Miscellaneous Receipts accounts in the Treasury.

Directs the Secretary: (1) no later than July 15, 2000, to verify the selection of current Bureau of Land Management lands in New Mexico made by the Navajo Indian Nation pursuant to a resettlement plan for the Navajo Tribe; and (2) within 30 days thereafter, to issue patents to the Navajo Nation to the relinquished coal preference rights.

Bisti PRLA Dispute Resolution Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Money Services Business Compliance Facilitation Act of 2009''. SEC. 2. OFFICE OF MONEY SERVICES BUSINESS COMPLIANCE ESTABLISHED. (a) In General.--Subchapter I of chapter 3 of title 31, United States Code, is amended by inserting after section 313 the following new section: ``Sec. 314. Office of Money Services Business Compliance ``(a) Establishment.--There is hereby established the Office of Money Services Business Compliance (hereafter in this section referred to as the `Compliance Office') as an office within the Department of the Treasury. ``(b) Management.-- ``(1) In general.--The management of the Compliance Office shall be vested in a Director of Money Services Business Compliance (hereafter in this section referred to as the `Director'). ``(2) Appointment.--The Director shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation and solely on the basis of integrity and demonstrated ability, and after consultation with the Chairman of the Board of Governors of the Federal Reserve System and the Comptroller of the Currency (or successor to any such individual with regard to bank supervisory authority), from among individuals who are specially qualified to serve in that position by reason of their education, training, and experience. ``(3) Term of office.-- ``(A) The Director shall be appointed for a term of 5 years. ``(B) Vacancy.--A vacancy in the position of Director shall be filled in the manner the original appointment was made and any individual appointed to fill any such vacancy shall be appointed only for the remainder of the term in which the vacancy occurs. ``(4) Removal.-- ``(A) In general.--Notwithstanding paragraph (3), the Director may be removed by the President at any time for good cause. ``(B) Notice to the congress.--Upon the removal of a Director under subparagraph (A), the President shall promptly transmit a notice to the Congress of the removal together with a detailed explanation of the basis for the removal. ``(C) Additional information.--After providing notice under subparagraph (B), the President shall promptly respond to any request by any committee of the Senate or the House of Representatives for additional information or supporting documents. ``(c) Duties.-- ``(1) In general.--The duties of the Director shall be to assure compliance by money services businesses with all applicable requirements of subchapter II of chapter 53, regulations prescribed under such subchapter and any other duty delegated by the Secretary under paragraph (3). ``(2) Registration of money services businesses.-- ``(A) In general.--No person may operate a money services business without registering annually, to the satisfaction of the Director under this paragraph. ``(B) Criteria.--The Director, in consultation with the Secretary, the appropriate Federal banking agencies, and appropriate representative State officials, shall establish such procedures and criteria for registration, commensurate with the purposes of this section, as the Director determines to be appropriate. ``(C) Registration as compliance.--Any money services business registered to the satisfaction of the Director under this section shall be deemed to be registered with the Secretary for purposes of section 5330. ``(D) Compliance.--Any money services business, and any agent of a money services business, which fails to register and keep current a registration to the satisfaction of the Secretary under this paragraph shall, after the expiration of a 30-day period beginning on a notice of violation issued by the Director or an agent recognized by the Director, be subject to the same penalties as described in subsection (f)(3)(D) for a violation of an order issued under subsection (f)(3). ``(3) Delegated functions.--The Director shall carry out any other duty delegated by the Secretary of the Treasury to the Director. ``(d) Rule of Construction.--No provision of this section shall be construed as limiting or pre-empting any State law or regulation or order concerning the regulation and oversight of the money service business industry, or agents of money services businesses, for purposes of consumer protection, safety and soundness, or the prevention of money laundering or the financing of terrorism. ``(e) Recognition of Self-regulatory Organizations Relating to Money Services Businesses.-- ``(1) Registration.--The Director may, after notice and opportunity for comment and upon application by an organization representing money services business that meets such criteria as the Director may establish under this section, approve the registration of such organization as a self regulatory organization to carry out the duties of the Director under paragraph (1) with respect to the money services businesses represented by such self regulatory organization. ``(2) Procedures and requirements for sro.--The Director shall establish such procedures and requirements to become a self regulatory organization as the Secretary determines to be appropriate, including periodic reviews of such organization and reporting requirements by such organization to the Director to ensure the success of such organizations in ensuring compliance by the money services businesses, taking into account in particular the requirements of subsections (g), (h), (l), (m), and (n) of section 5318 and section 5318A. ``(3) Withdrawal of registration.-- ``(A) In general.--After notice and opportunity for hearing, the Director may withdraw the registration of any self regulatory organization previously approved under this subsection. ``(B) Notice to the congress.--Upon the withdrawal of the registration of any self regulatory organization under subparagraph (A), the Director shall promptly submit a notice to the Congress of the withdrawal together with a detailed explanation of the basis for the withdrawal. ``(C) Additional information.--After providing notice under subparagraph (B), the Director shall promptly respond to any request by any committee of the Senate or the House of Representatives for additional information or supporting documents. ``(4) Requirements for rules enforced by self regulatory organization.--The Director may establish minimum requirements for-- ``(A) rules established by any self regulatory organization for members regulated by the organization; ``(B) enforcement procedures and enforcement activities by self regulatory organization, with respect to the enforcement of the rules referred to in subparagraph (A); and ``(C) requirements established by a self regulatory organization for withdrawal of membership of any noncomplying member, monetary penalties, and the removal of officers and employees of a noncomplying member business. ``(5) Notice requirements.--The Director shall establish procedures under which any self regulatory organization shall report to the Congress on a regular basis on-- ``(A) violations by members of the organization of any law, any regulation prescribed by the Director, or any rule established by the organization since the date of the last report; and ``(B) any enforcement actions taken by the organization since such date. ``(f) Powers.-- ``(1) In general.--For purposes of carrying out this section, the Director shall have all the powers of the Secretary under subsections (b), (c), (d), and (e) of section 5318. ``(2) Rule of construction.--No provision of this section shall be construed as limiting or superseding the enforcement authority of the Secretary under subchapter II of chapter 53 with respect to any violation of such subchapter. ``(3) Cease and desist.-- ``(A) Determination of violation.--If the Director determines that any money services business, or any officer, director, agent, or employee of any such business, may be violating or may have violated this section, subchapter II of chapter 53, or any other provision of law or any regulation subject to the jurisdiction of the Secretary, or may be about to violate such section, subchapter, or provision of law or regulation, the Director may issue a temporary order or permanent order directing such money services business, and any officer, director, agent, or employee of such money services business-- ``(i) to cease and desist from the violation or threatened violation; ``(ii) to take such action as is necessary to prevent the violation or threatened violation; or ``(iii) to take such action as is necessary to prevent, as the Director determines to be appropriate-- ``(I) significant harm to consumers or the public interest; or ``(II) frustration of the ability of the Director to conduct the proceedings or to redress the violation at the conclusion of the proceedings. ``(B) Timing of entry.--An order issued under this paragraph shall be entered only after notice and opportunity for a hearing, unless the Director determines that notice and hearing prior to entry would be impracticable or contrary to the public interest. ``(C) Effective date of temporary order.--A temporary order issued under this paragraph shall-- ``(i) become effective upon service upon the respondent; and ``(ii) unless set aside, limited, or suspended by the Director or a court of competent jurisdiction, remain effective and enforceable pending the completion of the proceedings. ``(D) Enforcement.--Any money services business, and any officer, director, agent, or employee of such money services business, which violates any temporary or permanent order issued under this paragraph shall forfeit and pay a civil penalty of not more than $5,000 for each day during which such violation continues. ``(E) Assessment.--The Secretary shall assess any penalty in the same manner and subject to the same limitations as assessments under section 5321(b). ``(g) Money Services Business Defined.--For purposes of this section, the term `money services business' has the meaning given to the term in section 103.11(uu) of title 31, Code of Federal Regulations, as in effect on the date of the enactment of the Money Services Business Compliance Facilitation Act of 2009. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary for each of fiscal years 2010, 2011, and 2012 such sums as may be necessary to carry out this section, to be made available to the Director. ``(i) Long-Term Funding Planning.--Before the end of the 18-month period beginning on the date of the enactment of the Money Services Business Compliance Facilitation Act of 2009, the Director shall submit a report to the Congress containing recommendations for an appropriate long-term funding model for the Compliance Office to ensure the independence of the Compliance Office.''. (b) Technical and Conforming Amendment.--Section 111 of the Act approved on October 28, 1974 (12 U.S.C. 250), is amended by inserting ``the Director of Money Services Business Compliance,'' after ``Director of the Office of Thrift Supervision,''. (c) Clerical Amendment.--The table of section for chapter 3 of title 31, United States Code, is amended by inserting after the item relating to section 313 the following new item: ``314. Office of Money Services Business Compliance.''.

Money Services Business Compliance Facilitation Act of 2009 - Establishes within the Department of the Treasury the Office of Money Services Business Compliance (Office), whose Director shall assure compliance by money services businesses with federal recordkeeping requirements governing monetary instruments transactions. Requires a money services business to register annually with the Office. States that this Act shall not be construed as limiting or pre-empting any state law or regulation or order concerning the regulation and oversight of the money service business industry, or agents of money services businesses, for purposes of consumer protection, safety and soundness, or the prevention of money laundering or the financing of terrorism. Authorizes the Director to approve the registration of an organization as a self-regulatory organization (SRO) to carry out the Director's duties with respect to the money services businesses the SRO represents. Authorizes the Director to establish minimum requirements for: (1) rules established by an SRO for its members; (2) enforcement by an SRO; and (3) requirements established by a SRO for withdrawal of membership of any noncomplying member, monetary penalties, and the removal of officers and employees of a noncomplying member business. Empowers the Director to issue cease and desist orders for violations of this Act and its attendant regulations. Requires the Director to report recommendations to Congress regarding an appropriate long-term funding model to ensure the independence of the Office.

To amend title 31, United States Code, to establish the Office of Money Services Business Compliance within the Department of the Treasury for the purpose of assuring compliance with subchapter II of chapter 53 of such title by money services businesses and such other duties as the Secretary of the Treasury may delegate, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Make It in America Tax Credit Act of 2011''. SEC. 2. EXTENSION AND MODIFICATION OF THE ADVANCED ENERGY PROJECT CREDIT. (a) Extension.-- (1) In general.--Subsection (d) of section 48C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Additional 2011 allocations.-- ``(A) In general.--Not later than 180 days after the date of the enactment of this paragraph, the Secretary, in consultation with the Secretary of Energy, shall establish a program to consider and award certifications for qualified investments eligible for credits under this section to qualifying advanced energy project sponsors with respect to applications received on or after the date of the enactment of this paragraph. ``(B) Limitation.--The total amount of credits that may be allocated under the program described in subparagraph (A) shall not exceed the 2011 allocation amount reduced by so much of the 2011 allocation amount as is taken into account as an increase in the limitation described in paragraph (1)(B). ``(C) Application of certain rules.--Rules similar to the rules of paragraphs (2), (3), (4), and (5) shall apply for purposes of the program described in subparagraph (A), except that-- ``(i) Certification.--Applicants shall have 2 years from the date that the Secretary establishes such program to submit applications. ``(ii) Selection criteria.--For purposes of paragraph (3)(B)(i), the term `domestic job creation (both direct and indirect)' means the creation of direct jobs in the United States producing the property manufactured at the manufacturing facility described under subsection (c)(1)(A)(i), and the creation of indirect jobs in the manufacturing supply chain for such property in the United States. ``(iii) Review and redistribution.--The Secretary shall conduct a separate review and redistribution under paragraph (5) with respect to such program not later than 4 years after the date of the enactment of this paragraph. ``(D) 2011 allocation amount.--For purposes of this subsection, the term `2011 allocation amount' means $5,000,000,000. ``(E) Modification of credit percentage.--For purposes of this paragraph, in applying for and making a determination of an allocation from the 2011 allocation amount (determined without regard to any amount taken into account under paragraph (1)(B)), subsection (a) shall be applied by substituting `not more than 30 percent (as determined by the Secretary)' for `30 percent'. ``(F) Direct payments.--In lieu of any qualifying advanced energy project credit which would otherwise be determined under this section with respect to an allocation to a taxpayer under this paragraph, the Secretary shall, upon the election of the taxpayer, make a grant to the taxpayer in the amount of such credit as so determined. Rules similar to the rules of section 50 shall apply with respect to any grant made under this subparagraph.''. (2) Portion of 2011 allocation allocated toward pending applications under original program.--Subparagraph (B) of section 48C(d)(1) of such Code is amended by inserting ``(increased by so much of the 2011 allocation amount (not in excess of $1,500,000,000) as the Secretary determines necessary to make allocations to qualified investments with respect to which qualifying applications were submitted before the date of the enactment of paragraph (6))'' after ``$2,300,000,000''. (3) Conforming amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``48C(d)(6)(F),'' after ``36C,''. (b) Biobased Manufacturing Eligible for Credit.-- (1) In general.--Clause (i) of section 48C(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subclause (VI), by redesignating subclause (VII) as subclause (VIII), and by inserting after subclause (VI) the following new subclause: ``(VII) qualifying biobased product, or''. (2) Definition.--Subsection (c) of section 48C of such Code is amended by adding at the following new paragraph: ``(3) Qualifying biobased product.-- ``(A) In general.--The term `qualifying biobased product' means any product, including a product that may be used as a petrochemical alternative, the biobased content of which is not less than-- ``(i) 25 percent, or ``(ii) in any instance in which the Department of Agriculture has established a minimum content level for a designated biobased item pursuant to section 9002 of the Farm Security and Rural Investment Act of 2002, such minimum content level. ``(B) Exclusion.--Such term shall not include the following: ``(i) Any product which is sold or used as food, feed, fuel, or an ingredient thereof. ``(ii) Any product which is primarily composed of lignocellulosic matter and which is sold or used as a paper or wood product, unless such product is manufactured from-- ``(I) wood fiber harvested from lands certified as well managed by any forest management certification program approved by the Secretary, or ``(II) wood fiber harvested from Federal public lands, including National Forest System and Bureau of Land Management lands, in accordance with an approved land management project and a valid timber sale or stewardship contract. ``(C) Biobased content.--The term `biobased content' means, with respect to any qualifying biobased product, the amount of carbon from biological sources contained in such product, as determined by the testing of product samples using the generally accepted methodology of the American Society of Testing and Materials D6866.''. (c) New Name for Credit To Reflect Purpose.-- (1) In general.--Paragraph (5) of section 46 and subsection (a) of section 48C of the Internal Revenue Code of 1986 are each amended by striking ``qualifying advanced energy project credit'' and inserting ``Make It in America credit''. (2) Clerical amendments.-- (A) The heading for section 48C of such Code is amended by striking ``qualifying advanced energy project credit'' and inserting ``make it in america credit''. (B) The item relating to section 48C in the table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking ``Qualifying advanced energy project credit'' and inserting ``Make It in America credit''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act.

Make It in America Tax Credit Act of 2011 - Amends the Internal Revenue Code to expand the qualifying advanced energy project credit by allocating $5 billion of grants or tax credit amounts in 2011 to manufacturers in the United States of goods and components that are used in alternative energy projects (other than for assembly of components). Limits the credit percentage with respect to such allocation amount to not more than 30%. Makes a qualifying biobased product eligible for the qualifying advanced energy project tax credit. Defines "qualifying biobased product" as a product that may be used as a petrochemical alternative and that has a biobased content of not less than 25 % or the minimum content level as established under the Farm Security and Rural Investment Act of 2002. Renames the Qualifying Advanced Energy Project Credit as the Make It in America Credit.

A bill to amend the Internal Revenue Code of 1986 to extend the qualifying advanced energy project credit.

SECTION. 1. ELIM NATIVE CORPORATION LAND RESTORATION. Section 19 of the Alaska Native Claims Settlement Act (43 U.S.C. 1618) is amended by adding at the end the following new subsection: ``(c)(1) Findings.--The Congress finds that-- ``(A) approximately 350,000 acres of land were withdrawn by Executive orders in 1917 for the use of the United States Bureau of Education and of the Natives of Indigenous Alaskan race; ``(B) these lands comprised the Norton Bay Reservation (later referred to as Norton Bay Native Reserve) and were set aside for the benefit of the Native inhabitants of the Eskimo Village of Elim, Alaska; ``(C) in 1929, 50,000 acres of land were deleted from the Norton Bay Reservation by Executive order; ``(D) the lands were deleted from the Reservation for the benefit of others; ``(E) the deleted lands were not available to the Native inhabitants of Elim under subsection (b) of this section at the time of passage of this Act; ``(F) the deletion of these lands has been and continues to be a source of deep concern to the indigenous people of Elim; and ``(G) until this matter is dealt with, it will continue to be a source of great frustration and sense of loss among the shareholders of the Elim Native Corporation and their descendants. ``(2) Withdrawal.--The lands depicted and designated `Withdrawal Area' on the map dated October 19, 1999, along with their legal descriptions, on file with the Bureau of Land Management, and entitled `Land Withdrawal Elim Native Corporation', are hereby withdrawn, subject to valid existing rights, from all forms of appropriation or disposition under the public land laws, including the mining and mineral leasing laws, for a period of 2 years from the date of the enactment of this subsection, for selection by the Elim Native Corporation (hereinafter referred to as `Elim'). ``(3) Authority To Select and Convey.--Elim is authorized to select in accordance with the rules set out in this paragraph, 50,000 acres of land (hereinafter referred to as `Conveyance Lands') within the boundary of the Withdrawal Area described in paragraph (2). The Secretary is authorized and directed to convey to Elim in fee the surface and subsurface estates to 50,000 acres of valid selections in the Withdrawal Area, subject to the covenants, reservations, terms and conditions and other provisions of this subsection. ``(A) Elim shall have 2 years from the date of the enactment of this subsection in which to file its selection of no more than 60,000 acres of land from the area described in paragraph (2). The selection application shall be filed with the Bureau of Land Management, Alaska State Office, shall describe a single tract adjacent to United States Survey No. 2548, Alaska, and shall be reasonably compact, contiguous, and in whole sections except when separated by unavailable land or when the remaining entitlement is less than a whole section. Elim shall prioritize its selections made pursuant to this subsection at the time such selections are filed, and such prioritization shall be irrevocable. Any lands selected shall remain withdrawn until conveyed or full entitlement has been achieved. ``(B) The selection filed by Elim pursuant to this subsection shall be subject to valid existing rights and may not supercede prior selections of the State of Alaska, any Native corporation, or valid entries of any private individual unless such selection or entry is relinquished, rejected, or abandoned prior to conveyance to Elim. ``(C) Upon receipt of the Conveyance Lands, Elim shall have all legal rights and privileges as landowner, subject only to the covenants, reservations, terms and conditions specified in this subsection. ``(D) Selection by Elim of lands under this subsection and final conveyance of those lands to Elim shall constitute full satisfaction of any claim of entitlement of Elim with respect to its land entitlement. ``(4) Covenants, Reservations, Terms and Conditions.--The covenants, reservations, terms and conditions set forth in this paragraph and in paragraphs (5) and (6) with respect to the Conveyance Lands shall run with the land and shall be incorporated into the interim conveyance, if any, and patent conveying the lands to Elim. ``(A) Consistent with paragraph (3)(C) and subject to the applicable covenants, reservations, terms and conditions contained in this paragraph and paragraphs (5) and (6), Elim shall have all rights to the timber resources of the Conveyance Lands for any use including, but not limited to, construction of homes, cabins, for firewood and other domestic uses on any Elim lands: Provided, That cutting and removal of Merchantable Timber from the Conveyance Lands for sale shall not be permitted: Provided further, That Elim shall not construct roads and related infrastructure for the support of such cutting and removal of timber for sale or permit others to do so. `Merchantable Timber' means timber that can be harvested and marketed by a prudent operator. ``(B) Public Land Order 5563 of December 16, 1975, which made hot or medicinal springs available to other Native Corporations for selection and conveyance, is hereby modified to the extent necessary to permit the selection by Elim of the lands heretofore encompassed in any withdrawal of hot or medicinal springs and is withdrawn pursuant to this subsection. The Secretary is authorized and directed to convey such selections of hot or medicinal springs (hereinafter referred to as `hot springs') subject to applicable covenants, reservations, terms and conditions contained in paragraphs (5) and (6). ``(C) Should Elim select and have conveyed to it lands encompassing portions of the Tubutulik River or Clear Creek, or both, Elim shall not permit surface occupancy or knowingly permit any other activity on those portions of land lying within the bed of or within 300 feet of the ordinary high waterline of either or both of these water courses for purposes associated with mineral or other development or activity if they would cause or are likely to cause erosion or siltation of either water course to an extent that would significantly adversely impact water quality or fish habitat. ``(5) Rights Retained by the United States.--With respect to conveyances authorized in paragraph (3), the following rights are retained by the United States: ``(A) To enter upon the conveyance lands, after providing reasonable advance notice in writing to Elim and after providing Elim with an opportunity to have a representative present upon such entry, in order to achieve the purpose and enforce the terms of this paragraph and paragraphs (4) and (6). ``(B) To have, in addition to such rights held by Elim, all rights and remedies available against persons, jointly or severally, who cut or remove Merchantable Timber for sale. ``(C) In cooperation with Elim, the right, but not the obligation, to reforest in the event previously existing Merchantable Timber is destroyed by fire, wind, insects, disease, or other similar manmade or natural occurrence (excluding manmade occurrences resulting from the exercise by Elim of its lawful rights to use the Conveyance Lands). ``(D) The right of ingress and egress over easements under section 17(b) for the public to visit, for noncommercial purposes, hot springs located on the Conveyance Lands and to use any part of the hot springs that is not commercially developed. ``(E) The right to enter upon the lands containing hot springs for the purpose of conducting scientific research on such hot springs and to use the results of such research without compensation to Elim. Elim shall have an equal right to conduct research on the hot springs and to use the results of such research without compensation to the United States. ``(F) A covenant that commercial development of the hot springs by Elim or its successors, assigns, or grantees shall include the right to develop only a maximum of 15 percent of the hot springs and any land within \1/4\ mile of the hot springs. Such commercial development shall not alter the natural hydrologic or thermal system associated with the hot springs. Not less than 85 percent of the lands within \1/4\ mile of the hot springs shall be left in their natural state. ``(G) The right to exercise prosecutorial discretion in the enforcement of any covenant, reservation, term or condition shall not waive the right to enforce any covenant, reservation, term or condition. ``(6) General.-- ``(A) Memorandum of understanding.--The Secretary and Elim shall, acting in good faith, enter into a Memorandum of Understanding (hereinafter referred to as the `MOU') to implement the provisions of this subsection. The MOU shall include among its provisions reasonable measures to protect plants and animals in the hot springs on the Conveyance Lands and on the land within \1/4\ mile of the hot springs. The parties shall agree to meet periodically to review the matters contained in the MOU and to exercise their right to amend, replace, or extend the MOU. Such reviews shall include the authority to relocate any of the easements set forth in subparagraph (D) if the parties deem it advisable. ``(B) Incorporation of terms.--Elim shall incorporate the covenants, reservations, terms and conditions, in this subsection in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Conveyance Lands, including without limitation, a leasehold interest. ``(C) Section 17(b) easements.--The Bureau of Land Management, in consultation with Elim, shall reserve in the conveyance to Elim easements to the United States pursuant to subsection 17(b) that are not in conflict with other easements specified in this paragraph. ``(D) Other easements.--The Bureau of Land Management, in consultation with Elim, shall reserve easements which shall include the right of the public to enter upon and travel along the Tubutulik River and Clear Creek within the Conveyance Lands. Such easements shall also include easements for trails confined to foot travel along, and which may be established along each bank of, the Tubutulik River and Clear Creek. Such trails shall be 25 feet wide and upland of the ordinary high waterline of the water courses. The trails may deviate from the banks as necessary to go around man- made or natural obstructions or to portage around hazardous stretches of water. The easements shall also include one-acre sites along the water courses at reasonable intervals, selected in consultation with Elim, which may be used to launch or take out water craft from the water courses and to camp in non-permanent structures for a period not to exceed 24 hours without the consent of Elim. ``(E) Inholders.--The owners of lands held within the exterior boundaries of lands conveyed to Elim shall have all rights of ingress and egress to be vested in the inholder and the inholder's agents, employees, co-venturers, licensees, subsequent grantees, or invitees, and such easements shall be reserved in the conveyance to Elim. The inholder may not exercise the right of ingress and egress in a manner that may result in substantial damage to the surface of the lands or make any permanent improvements on Conveyance Lands without the prior consent of Elim. ``(F) Iditarod trail.--The Bureau of Land Management may reserve an easement for the Iditarod National Historic Trail in the conveyance to Elim. ``(7) Implementation.--There are authorized to be appropriated such sums as may be necessary to implement this subsection.''. SEC. 2. COMMON STOCK TO ADOPTED-OUT DESCENDANTS. Section 7(h)(1)(C)(iii) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(h)(1)(C)(iii)) is amended by inserting before the period at the end the following: ``, notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the gift donor and recipient''. SEC. 3. DEFINITION OF SETTLEMENT TRUST. Section 3(t)(2) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(t)(2)) is amended by striking ``sole'' and all that follows through ``Stock'' and inserting ``benefit of shareholders, Natives, and descendants of Natives,''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Authorizes appropriations. Authorizes an Alaska Native to transfer Settlement Common Stock to a descendant notwithstanding an adoption, relinquishment, or termination of parental rights that may have altered or severed the legal relationship between the donor and recipient. Redefines a Settlement Trust as any trust operated for the benefit of shareholders, Natives, and descendants of Natives (current law limits to stockholders).

To amend the Alaska Native Claims Settlement Act to restore certain lands to the Elim Native Corporation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Assault while Flying Enforcement Act of 2017''. SEC. 2. AIR CARRIER DEFINED. In this Act, the term ``air carrier'' means an air carrier or foreign air carrier, as those terms are defined in section 40102 of title 49, United States Code. SEC. 3. ADDITIONAL TRAINING RELATING TO RESPONDING TO SEXUAL ASSAULT AND SEXUAL HARASSMENT ON BOARD PASSENGER AIRCRAFT. (a) In General.--Chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44736. Additional training relating to responding to sexual assault and sexual harassment on board passenger aircraft ``(a) Training Required.--In addition to other training required under this chapter, each air carrier and foreign air carrier shall provide initial and annual recurrent training for flight attendants, pilots, and other individuals who are employees or contractors of the air carrier, with respect to responding to and addressing sexual assault and sexual harassment of passengers and employees and contractors of the air carrier on board aircraft operated by the air carrier in passenger air transportation. ``(b) Situational Training.--An air carrier or foreign air carrier shall include, in initial and recurrent training provided under this section, situational training with respect to the proper method for dealing with passengers who are accused of, and passengers who report, sexual assault or sexual harassment. ``(c) Trauma-Informed Training.--Training provided under this section shall include-- ``(1) training on-- ``(A) how to use a trauma-informed approach with individuals who report incidents of sexual assault or sexual harassment in a way that is survivor-centered; ``(B) the effects of trauma on such individuals; ``(C) how to ensure the safety of all passengers; and ``(D) how to properly report such assault or harassment to air carriers; and ``(2) providing appropriate information about available options for-- ``(A) reporting sexual assault and sexual harassment to air carriers, the Department of Transportation, and the Department of Justice; and ``(B) obtaining care with respect to such assault or harassment. ``(d) Minimum Standards.--Training provided under this section shall incorporate the minimum standards developed under section 6(d) of the Stopping Assault while Flying Enforcement Act of 2017.''. (b) Clerical Amendment.--The table of sections for chapter 447 of title 49, United States Code, is amended by adding at the end the following: ``44736. Additional training relating to responding to sexual assault and sexual harassment on board passenger aircraft.''. (c) Effective Date.--The requirement for an air carrier to provide training under section 44736 of title 49, United States Code, as added by subsection (a), shall take effect on the date that is 2 years after the date of the enactment of this Act. (d) Regulations.--Not later than 18 months after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall, after reviewing the recommendations of the National In-Flight Sexual Assault Task Force under section 6(c)(3), prescribe regulations to carry out section 44736 of title 49, United States Code, as added by subsection (a). SEC. 4. DATA COLLECTION. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Transportation shall establish a program to collect and maintain data from air carriers on the incidence of sexual assault and sexual harassment on board aircraft operated in passenger air transportation in a manner that protects the privacy and confidentiality of individuals subjected to such assault or harassment. (b) Data Availability.--The Secretary shall make the data collected and maintained under subsection (a) available to the public on the primary Internet website of the Department of Transportation in a manner that protects the privacy and confidentiality of individuals subjected to sexual assault or sexual harassment on board aircraft operated in passenger air transportation. SEC. 5. REPORTING OF INCIDENTS OF SEXUAL ASSAULT AND HARASSMENT ON BOARD AIRCRAFT. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General shall establish a streamlined process, based on the recommendations of the National In- Flight Sexual Assault Task Force under section 6(c)(3), for reporting incidents of sexual assault and sexual harassment on board aircraft operated in passenger air transportation in a manner that protects the privacy and confidentiality of individuals subjected to such assault or harassment. (b) Availability of Reporting Process.--The reporting process established under subsection (a) shall be made available to the public on the primary Internet websites of-- (1) the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice; and (2) the Department of Transportation. SEC. 6. NATIONAL IN-FLIGHT SEXUAL ASSAULT TASK FORCE. (a) Establishment.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Transportation shall establish a task force, to be known as the ``National In-Flight Sexual Assault Task Force''. (b) Membership.--The task force established under subsection (a) shall be composed of representatives of-- (1) the Department of Transportation; (2) the Federal Aviation Administration; (3) the Department of Justice, including the Office for Victims of Crimes and the Office on Violence Against Women; (4) the Department of Health and Human Services; (5) national organizations that specialize in providing services to sexual assault survivors; (6) national organizations that specialize in responding to and addressing sexual assault and sexual harassment; (7) survivors of sexual assault or sexual harassment on board aircraft; (8) national consumer protection organizations; (9) national travel organizations; (10) labor organizations that represent flight attendants and pilots; (11) State and local law enforcement agencies; (12) airports; (13) air carriers; and (14) such other Federal agencies and stakeholder organizations as the Secretary of Transportation considers appropriate. (c) Duties.--The task force established under subsection (a) shall-- (1) review the practices and protocols of air carriers relating to-- (A) responding to and addressing sexual assault and sexual harassment on board aircraft operated in passenger air transportation; (B) initial and annual recurrent training programs relating to responding to and addressing such assault and harassment; (C) reporting incidents of such assault and harassment to air carriers, the Department of Transportation, and the Department of Justice; and (D) internal reporting of such incidents between crewmembers and corporate security of the air carrier; (2) identify strengths and weaknesses in such protocols and practices; and (3) not later than 120 days after the date of the enactment of this Act, make recommendations with respect to-- (A) best practices and minimum standards for annual, recurrent, and situational training that is trauma-informed under section 44736 of title 49, United States Code, as added by section 3, including a recommendation with respect to a definition of ``trauma-informed'' for the purposes of that training; and (B) a streamlined process for reporting incidents of sexual assault and sexual harassment on board aircraft operated in passenger air transportation to air carriers, the Department of Transportation, and the Department of Justice, in a manner that protects the privacy and confidentiality of individuals reporting such incidents. (d) Development of Minimum Standards.--Not later than 210 days after the date of the enactment of this Act, the Attorney General, the Secretary of Transportation, and the Administrator of the Federal Aviation Administration shall, after reviewing the recommendations of the task force under subsection (c)(3)-- (1) establish definitions of ``trauma-informed'' and ``survivor-centered'' for the purposes of the training required under section 44736 of title 49, United States Code, as added by section 3; and (2) develop minimum standards for-- (A) annual, recurrent, and situational training that is trauma-informed under section 44736 of title 49, United States Code, as added by section 3, including with respect to intervention by bystanders; and (B) reporting incidents of sexual assault and sexual harassment on board aircraft operated in passenger air transportation to air carriers, the Department of Transportation, and the Department of Justice. (e) Termination.--The Secretary of Transportation may terminate the task force established under subsection (a) after the task force has made the recommendations required by subsection (c)(3).

Stopping Assault while Flying Enforcement Act of 2017 This bill requires air carriers and foreign air carriers to provide initial and recurrent training for certain flight personnel who are employees or contractors about responding to sexual assault and sexual harassment of passengers, employees, and contractors onboard aircraft. The Department of Transportation must establish a National In-Flight Sexual Assault Task Force, whose duties shall include, with respect to sexual assault and sexual harassment onboard aircraft, reviewing the practices and protocols of air carriers and making recommendations about best practices and minimum standards for training and a streamlined process for reporting incidents.

Stopping Assault while Flying Enforcement Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare DMEPOS Competitive Bidding Improvement Act of 2015''. SEC. 2. REQUIRING BID SURETY BONDS AND STATE LICENSURE FOR ENTITIES SUBMITTING BIDS UNDER THE MEDICARE DMEPOS COMPETITIVE ACQUISITION PROGRAM. (a) Bid Surety Bonds.--Section 1847(a)(1) of the Social Security Act (42 U.S.C. 1395w-3(a)(1)) is amended by adding at the end the following new subparagraphs: ``(G) Requiring bid bonds for bidding entities.-- With respect to rounds of competitions beginning under this subsection for contracts beginning not earlier than January 1, 2017, and not later than January 1, 2019, an entity may not submit a bid for a competitive acquisition area unless, as of the deadline for bid submission, the entity has obtained (and provided the Secretary with proof of having obtained) a bid surety bond (in this paragraph referred to as a `bid bond') in a form specified by the Secretary consistent with subparagraph (H) and in an amount that is not less than $50,000 and not more than $100,000 for each competitive acquisition area in which the entity submits the bid. ``(H) Treatment of bid bonds submitted.-- ``(i) For bidders that submit bids at or below the median and are offered but do not accept the contract.--In the case of a bidding entity that is offered a contract for any product category for a competitive acquisition area, if-- ``(I) the entity's composite bid for such product category and area was at or below the median composite bid rate for all bidding entities included in the calculation of the single payment amounts for such product category and area; and ``(II) the entity does not accept the contract offered for such product category and area, the bid bond submitted by such entity for such area shall be forfeited by the entity and the Secretary shall collect on it. ``(ii) Treatment of other bidders.--In the case of a bidding entity for any product category for a competitive acquisition area, if the entity does not meet the bid forfeiture conditions in subclauses (I) and (II) of clause (i) for any product category for such area, the bid bond submitted by such entity for such area shall be returned within 90 days of the public announcement of the contract suppliers for such area.''. (b) State Licensure.-- (1) In general.--Section 1847(b)(2)(A) of the Social Security Act (42 U.S.C. 1395w-3(b)(2)(A)) is amended by adding at the end the following new clause: ``(v) The entity meets applicable State licensure requirements.''. (2) Construction.--Nothing in the amendment made by paragraph (1) shall be construed as affecting the authority of the Secretary of Health and Human Services to require State licensure of an entity under the Medicare competitive acquisition program under section 1847 of the Social Security Act (42 U.S.C. 1395w-3) before the date of the enactment of this Act. (c) GAO Report on Bid Bond Impact on Small Suppliers.-- (1) Study.--The Comptroller General of the United States shall conduct a study that evaluates the effect of the bid surety bond requirement under the amendment made by subsection (a) on the participation of small suppliers in the Medicare DMEPOS competitive acquisition program under section 1847 of the Social Security Act (42 U.S.C. 1395w-3). (2) Report.--Not later than 6 months after the date contracts are first awarded subject to such bid surety bond requirement, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1). Such report shall include recommendations for changes in such requirement in order to ensure robust participation by legitimate small suppliers in the Medicare DMEPOS competition acquisition program. Passed the House of Representatives March 16, 2015. Attest: KAREN L. HAAS, Clerk.

Medicare DMEPOS Competitive Bidding Improvement Act of 2015 Amends title XVIII (Medicare) of the Social Security Act with respect to the Medicare durable medical equipment, prosthetics, orthotics, and supplies (DMEPOS) competitive acquisition program. Prohibits an entity from submitting a bid for a competitive acquisition area, during calendar 2017-2019, unless it has obtained a bid surety bond of between $50,000 and $100,000 for each such area. Requires the forfeit of any bid bond submitted for a competitive acquisition area if the bidding entity does not accept a contract offered for any product category when its composite bid was at or below the median composite bid rate for all bidding entities included in the calculation of the single payment amounts for the product category and the area. Requires the Secretary of Health and Human Services to collect on the forfeited bond. Requires return of a bid bond within a specified 90-day period to a bidding entity that does not meet such bid forfeiture conditions. Prohibits the Secretary from awarding a contract to any entity that does not meet state licensure requirements. Directs the Government Accountability Office to study the effect of this bid surety bond requirement on the participation of small suppliers in the Medicare DMEPOS competitive acquisition program.

Medicare DMEPOS Competitive Bidding Improvement Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``Concussion Awareness and Education Act of 2014''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purposes. Sec. 4. Surveillance of sports-related concussions. Sec. 5. Research. Sec. 6. Biological sample repository. Sec. 7. Rules of play. Sec. 8. Dissemination of information. Sec. 9. Concussion Research Commission. SEC. 3. FINDINGS; PURPOSES. (a) Findings.--The Congress finds as follows: (1) There is currently no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across all youth age groups and sports. (2) Overall, according to a report entitled ``Sports- Related Concussions in Youth: Improving the Science, Changing the Culture'', issued by the National Academies in 2013, each year in the United States, there are approximately 1.6 to 3.8 million sports- and recreation-related traumatic brain injuries, including concussions and other head injuries. These figures are based on conservative estimates. (3) A review of National Collegiate Athletic Association data for 15 sports showed that the overall reported concussion rate doubled from 1.7 to 3.4 concussions per 1,000 athletic exposures over the past 15 years, covering the 1988-1989 and 2003-2004 academic years. (4) Between 2001 and 2009, the reported number of our youth ages 19 and under treated for concussion and other nonfatal, sports- and recreation-related traumatic brain injuries increased from 150,000 to 250,000. (5) Over the same time period between 2001 and 2009, the rate of emergency room visits for concussive injuries increased by 57 percent. (6) Yet, according to the National Academies there currently is-- (A) a lack of data to accurately estimate the incidence of sports-related concussions across a variety of sports and for youth across the pediatric age spectrum; and (B) no comprehensive system for acquiring accurate data on the incidence of sports- and recreation-related concussions across all youth age groups and sports. (7) Currently, there are significant information gaps in the proper protocol for diagnosis and treatment of sports- related concussions and more research desperately is needed. (b) Purposes.--The purposes of this Act are-- (1) to increase awareness and knowledge about concussions through development of, implementation of, and evaluation of the effectiveness of, large-scale collaborative efforts and research by entities including, but not limited to, national sports associations, State high school associations, trainers' associations, appropriate Federal entities, and other stakeholders such as parents, coaches, and students; and (2) to change the culture (including social norms, attitudes, and behaviors) surrounding concussions among elementary school through college-aged youth and their parents, coaches, sports officials, educators, trainers, and health care professionals, taking into account demographic variations across population groups, where appropriate. SEC. 4. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS. Title III of the Public Health Service Act is amended by inserting after section 317T of such Act (42 U.S.C. 247b-22) the following: ``SEC. 317U. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS. ``(a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and taking into account other Federal data collection efforts, shall-- ``(1) establish and oversee a national system to accurately determine the incidence of sports-related concussions; and ``(2) begin implementation of such system not later than 1 year after the date of enactment of the Concussion Awareness and Education Act of 2014. ``(b) Data To Be Collected.--The data collected under subsection (a) shall, to the extent feasible, include each of the following: ``(1) The incidence of sports related concussions in individuals 5 through 21 years of age. ``(2) Demographic information of the injured individuals, including age, sex, race, and ethnicity. ``(3) Pre-existing conditions of the injured individuals, such as attention deficit hyperactivity disorder and learning disabilities. ``(4) The concussion history of the injured individuals, such as the number and dates of prior concussions. ``(5) The use of protective equipment and impact monitoring devices. ``(6) The qualifications of personnel diagnosing the concussions. ``(7) The cause, nature, and extent of the concussive injury, including-- ``(A) the sport or activity involved; ``(B) the recreational or competitive level of the sport or activity involved; ``(C) the event type involved, including whether it was practice or competition; ``(D) the impact location on the body; ``(E) the impact nature, such as contact with a playing surface, another player, or equipment; and ``(F) signs and symptoms consistent with a concussion.''. SEC. 5. RESEARCH. (a) In General.--Beginning not later than 1 year after the date of enactment of this Act, the Director of the National Institutes of Health and the Secretary of Defense, acting in coordination, shall conduct or support-- (1) research designed to-- (A) establish objective, sensitive, and specific metrics and markers of concussion diagnosis, prognosis, and recovery in youth; and (B) inform the creation of age-specific, evidence- based guidelines for the management of short- and long- term sequelae of concussion in youth; (2) controlled, longitudinal, large-scale studies to assess short- and long-term cognitive, emotional, behavioral, neurobiological, and neuropathological consequences of concussions and repetitive head impacts over a life span, including-- (A) an examination of the effects of concussions and repetitive head impacts on quality of life and the activities of daily living; and (B) identification of predictors and modifiers of outcomes, including the influence of socioeconomic status, race, ethnicity, sex, and comorbidities; and (3) research on age- and sex-related biomechanical determinants of injury risk for concussion in youth, including how injury thresholds are modified by the number of and time interval between head impacts and concussions. (b) Sports and Physical Training at Military Academies and for Military Personnel.--Beginning not later than 1 year after the date of enactment of this Act, the Secretary of Defense shall conduct a rigorous scientific evaluation of the effectiveness of techniques, rules, and playing, practice, and training standards in reducing concussions and sequelae for sports and physical training, including combatives, at military service academies and for military personnel. (c) Sense of Congress.--It is the sense of the Congress that the National Collegiate Athletic Association, in conjunction with the National Federation of State High School Associations, national governing bodies for youth sports, and youth sports organizations, should undertake a rigorous scientific evaluation of the effectiveness of age-appropriate techniques, rules, and playing and practice standards in reducing sports-related concussions and sequelae. SEC. 6. BIOLOGICAL SAMPLE REPOSITORY. (a) In General.--To aid research under this Act and any other similar research, the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health, shall maintain a national brain tissue and biological sample repository to collect, archive, and distribute material for research on concussions. (b) Timing.--The Secretary shall begin implementation of the repository not later than 1 year after the date of enactment of this Act. SEC. 7. RULES OF PLAY. (a) Development.--The Director of the National Institutes of Health and the Secretary of Defense, taking into consideration the results of research, shall develop standards, best practices, and guidelines for the rules of play and training, respectively, for sports, athletic, and military training and engagement that-- (1) are designed to prevent or reduce the incidence of concussions; and (2) include-- (A) standards for effective protective equipment; and (B) recommendations on impact-monitoring systems. (b) Timing.--The Director of the National Institutes of Health and the Secretary of Defense shall-- (1) begin development of the rules of play under this section not later than 1 year after the date of enactment of this Act; and (2) after such rules of play are finalized, periodically review and update such rules of play as appropriate. SEC. 8. DISSEMINATION OF INFORMATION. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding concussions. (b) Arrangements With Other Entities.--In carrying out paragraph (1), the Secretary may disseminate information through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, or the media. SEC. 9. CONCUSSION RESEARCH COMMISSION. (a) Establishment.--There is established a Concussion Research Commission (referred to in this section as the ``Commission''). (b) Membership.-- (1) Appointment.--The Commission shall be composed of the following nine members: (A) Five shall be appointed by the President. (B) One shall be appointed by the Speaker of the House of Representatives. (C) One shall be appointed by the minority leader of the House of Representatives. (D) One shall be appointed by the majority leader of the Senate. (E) One shall be appointed by the minority leader of the Senate. (2) Qualifications.--To be eligible for appointment under paragraph (1), an individual shall-- (A) have experience with research, treatment, and prevention with respect to all types of concussive injuries; and (B) be a leading medical or scientific expert, or an otherwise authoritatively qualified expert, in one or more relevant fields. (3) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (4) Vacancies.--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. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) No pay.--The members of the Commission shall serve without pay. 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. (6) Travel expenses.--Each member of the Commission 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. (7) Resources.--The Secretary shall ensure that appropriate personnel, funding, and other resources are provided to the Committee to carry out its responsibilities. (c) Meetings.--The Commission shall meet at least 4 times each year. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out this section. (e) Study.--The Commission shall-- (1) study the programs and activities conducted pursuant to this Act; and (2) based on the results of such programs and activities, formulate systemic recommendations for furthering the purposes of this Act, as described in section 3(b). (f) Review of National Academies Report.--The Commission shall review the report of the National Academies entitled ``Sports-Related Concussions in Youth: Improving the Science, Changing the Culture'' and recommend corrections or updates to such report, as the Commission determines appropriate. (g) Reporting.-- (1) Interim reports.--Every 6 months, the Commission shall submit to the appropriate committees of Congress an interim report on the Commission's activities. (2) Final report.--Not later than 36 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, and make available to the public, a final report on the results of the Commission's study under subsection (e) and review under subsection (f). (h) Termination.--The Commission shall terminate upon the date of submission of the final report required by subsection (g)(2), unless the Secretary of Health and Human Services chooses to maintain the Commission beyond such date.

Concussion Awareness and Education Act of 2014 - Amends the Public Health Service Act to require the Director of the Centers for Disease Control and Prevention (CDC) to: (1) establish and oversee a national system to accurately determine the incidence of sports-related concussions, and (2) begin implementation of such system within one year of this Act's enactment. Requires the data collected to include: the incidence of sports related concussions in individuals 5 through 21 years of age; demographic information of the injured individuals; pre-existing conditions of the injured individuals; the concussion history of the injured individuals; the use of protective equipment and impact monitoring devices; the qualifications of personnel diagnosing the concussions; and the cause, nature, and extent of the concussive injury. Requires the Director of the National Institutes of Health (NIH) and the Secretary of Defense (DOD), acting in coordination, to conduct or support: (1) research designed to establish metrics and markers of concussion diagnosis, prognosis, and recovery in youth and to inform the creation of guidelines for the management of short- and long-term sequelae of concussion in youth; (2) studies to assess short- and long-term cognitive, emotional, behavioral, neurobiological, and neuropathological consequences of concussions and repetitive head impacts over a life span; and (3) research on age- and sex-related biomechanical determinants of injury risk for concussion in youth. Directs the Secretary of Defense to conduct a scientific evaluation of the effectiveness of techniques, rules, and playing, practice, and training standards in reducing concussions and sequelae for sports and physical training at military service academies and for military personnel. Calls for the National Collegiate Athletic Association to undertake a scientific evaluation of the effectiveness of age-appropriate techniques, rules, and playing and practice standards in reducing sports-related concussions and sequelae. Requires: (1) the Director of NIH to maintain a national brain tissue and biological sample repository to collect, archive, and distribute material for research on concussions; (2) such Director and the Secretary of Defense to develop standards, best practices, and guidelines for the rules of play and training, respectively, for sports, athletic, and military training and engagement that are designed to prevent or reduce the incidence of concussions and that include standards for effective protective equipment and recommendations on impact-monitoring systems; and (3) the Director of CDC to develop and disseminate to the public information regarding concussions. Establishes a Concussion Research Commission, which shall study the programs and activities conducted pursuant to this Act and formulate systemic recommendations to increase knowledge about, and change the culture surrounding, concussions.

Concussion Awareness and Education Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Dollars for Ayatollahs Act''. SEC. 2. EXCISE TAX ON DOLLAR CLEARING TRANSACTIONS WITH RESPECT TO IRAN. (a) In General.--Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: ``CHAPTER 50A--CLEARING TRANSACTIONS WITH RESPECT TO IRAN ``Sec. 5000D. Imposition of tax on dollar clearing transactions with respect to Iran. ``SEC. 5000D. IMPOSITION OF TAX ON DOLLAR CLEARING TRANSACTIONS WITH RESPECT TO IRAN. ``(a) Imposition of Tax.--There is hereby imposed on any United States person who clears or transfers United States dollars for the direct or indirect benefit of the Government of Iran or any Iranian person a tax equal to 100 percent of the dollar amount cleared or transferred. ``(b) Transaction by Certain Related Entities.--If any United States dollars are so cleared or transferred by-- ``(1) a foreign member of a United States person's worldwide affiliated group, or ``(2) a foreign person who-- ``(A) is not a member of a United States person's worldwide affiliated group, but ``(B) has a correspondent account or payable- through account for or with such a member or a United States person, such dollars shall be treated for purposes of subsection (a) as being cleared or transferred by the United States person. The preceding sentence shall apply with respect to a foreign person described in paragraph (2) only if the member or United States person, as the case may be, for or with whom the account is maintained knew or had reason to know such dollars were being so cleared or transferred. ``(c) Threshold Limitation.-- ``(1) In general.--The tax imposed by subsection (a) shall only apply with respect to a United States person for a calendar year to the extent the dollar amounts so cleared or transferred during the calendar year by such United States person (including any such amounts treated under subsection (b) as cleared or transferred by such person) exceed $1,000,000. ``(2) Members of group.--For purposes of paragraph (1), amounts cleared or transferred by a non-foreign member of such person's worldwide affiliated group shall be treated as cleared or transferred by such person. ``(d) Definitions.--For purposes of this section-- ``(1) Worldwide affiliated group.--The term `worldwide affiliated group' means an affiliated group as defined in section 1504(a), determined-- ``(A) by substituting `more than 50 percent' for `at least 80 percent' each place it appears, and ``(B) without regard to section 1504(b). A partnership or any other entity (other than a corporation) shall be treated as a member of a worldwide affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). ``(2) Correspondent account.--The term `correspondent account' means an account established to receive deposits from, or make payments on behalf of, a financial institution or handle other financial transactions related to such institution. ``(3) Payable-through account.--The term `payable-through account' means an account, including a transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act), opened at a depository institution by another financial institution by means of which the financial institution permits its customers to engage, either directly or through a subaccount, in banking activities usually in connection with the business of banking. ``(4) Account.--The term `account' means a formal banking or business relationship established to provide regular services, dealings, and other financial transactions and includes a demand deposit, savings deposit, or other transaction or asset account and a credit account or other extension of credit. ``(5) Financial institution.--The term `financial institution' shall have the meaning given such term under section 5312(a)(2) of title 31, United States Code. ``(6) Iranian person.--The term `Iranian person' means-- ``(A) any person in Iran, ``(B) any citizen or resident of Iran, ``(C) any foreign partnership or foreign corporation which is organized or operated in Iran (or is a member of such a person's worldwide affiliated group), ``(D) any foreign trust if-- ``(i) a court within Iran is able to exercise primary supervision over the administration of the trust, and ``(ii) one or more persons described in subparagraph (A) or (B) have the authority to control all substantial decisions of the trust, and ``(E) any foreign estate a beneficiary of which is a person described in subparagraph (A). ``(e) Special Rules.-- ``(1) Certain licensed transactions.--This section shall not apply in the case of a transaction authorized under part 535, 560, or 561 of title 31, Code of Federal Regulations, as in effect on June 1, 2016. ``(2) Humanitarian assistance.--This section shall not apply in the case of any transaction permitted-- ``(A) under section 413 of the Iran Threat Reduction and Syria Human Rights Act of 2012, or ``(B) under a license issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) if-- ``(i) such transaction relates solely to-- ``(I) the provision of agricultural commodities, food, medicine, or medical devices to Iran, or ``(II) the provision of humanitarian assistance to the people of Iran, and ``(ii) the President submits a copy of the license to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Intelligence activities.--This section shall not apply in the case of intelligence activities subject to reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.). ``(4) Joint and several liability.--If more than 1 person is liable under subsection (a) or (b) with respect to a dollar clearing or transferring transaction, all such persons shall be jointly and severally liable under such subsection with respect to such transaction.''. (b) Clerical Amendment.--The table of chapters for subtitle D of such Code is amended by adding at the end the following new item: ``Chapter 50A. Clearing Transactions With Respect to Iran''. (c) Effective Date.--The amendments made by this section shall apply to transactions after June 21, 2016.

No Dollars for Ayatollahs Act This bill amends the Internal Revenue Code to impose an excise tax on any U.S. person who clears or transfers more than $1 million U.S. dollars per year for the direct or indirect benefit of the government of Iran or any Iranian person. The tax is equal to 100% of the amount that is cleared or transferred. The tax also applies to transactions by certain related entities, including the clearing or transferring of U.S dollars by: (1) a foreign member of a U.S. person's worldwide affiliated group, or (2) a foreign person who is not a member of a U.S. person's worldwide affiliated group, but has a correspondent account or payable-through account for or with such a member or a U.S. person. The tax applies to transactions by a foreign person described above if the member or U.S. person for or with whom the account is maintained knew or had reason to know the dollars were being cleared or transferred.

No Dollars for Ayatollahs Act

SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Middle Income Tax Relief Act of 1995''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN CAPITAL GAINS TAX FOR INDIVIDUALS. (a) General Rule.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end thereof the following new section: ``SEC. 1203. CAPITAL GAINS DEDUCTION FOR INDIVIDUALS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year the capital gains deduction (if any) determined under subsection (b). ``(b) Lifetime Capital Gains Bank.-- ``(1) In general.--For purposes of subsection (a), the capital gains deduction determined under this subsection for any taxable year is 50 percent of the qualified gain for such taxable year. ``(2) Limitations.-- ``(A) Lifetime limit.--The amount of the qualified gain taken into account under paragraph (1) for any taxable year shall not exceed $400,000 reduced by the aggregate amount of the qualified gain taken into account under this subsection by the taxpayer for prior taxable years. ``(B) Deduction not available to taxpayers with adjusted gross income in excess of $250,000.--In the case of a taxpayer with adjusted gross income of $200,000 or greater, the deduction determined under this subsection shall be reduced (but not below zero) by an amount which bears the same ratio to the amount of such deduction as-- ``(i) the adjusted gross income of the taxpayer for the taxable year in excess of $200,000, bears to ``(ii) $50,000. ``(3) Qualified gain.-- ``(A) In general.--For purposes of paragraph (1), the term `qualified gain' means the lesser of-- ``(i) the net capital gain on the sale or exchange of a qualified asset for the taxable year, or ``(ii) the net capital gain for the taxable year determined by only taking into account gains and losses from sales and exchanges on or after January 1, 1995, of qualified assets. ``(B) Special rules.-- ``(i) For purposes of subparagraph (A)(ii), any amount treated as a capital loss for the taxable year under section 1212 shall be treated as a loss from a sale or exchange on or after January 1, 1995, of a qualified asset. ``(ii) A taxpayer may elect for any taxable year not to take into account under this subsection all (or any portion) of the qualified gain for such taxable year. Such an election, once made, shall be irrevocable. ``(4) Qualified assets.--For purposes of this subsection, the term `qualified asset' means any capital asset (within the meaning of section 1221), except that such term shall not include any collectible (as defined in section 408(m) without regard to paragraph (3) thereof). ``(5) Subsection not to apply in certain cases.--This subsection shall not apply in the case of-- ``(A) sales or exchanges to related persons (within the meaning of section 267(b) or 707(b)(1)); ``(B)(i) an individual who has not attained the age of 25 before the close of the taxable year; ``(ii) a married individual (within the meaning of section 7703) filing a separate return for the taxable year; or ``(iii) an estate or trust. ``(c) Special Rules.-- ``(1) Gain on sale or exchange of real property determined by reference to indexed basis.-- ``(A) In general.--For purposes of determining, under this section, the amount of the qualified gain from the sale or exchange of real property, the indexed basis of the property shall be substituted for its adjusted basis. ``(B) Indexed basis.--For purposes of this section-- ``(i) Indexed basis.--The indexed basis for any real property described in subparagraph (A) is-- ``(I) the adjusted basis of the property, multiplied by ``(II) the applicable inflation ratio. ``(ii) Applicable inflation ratio.--The applicable inflation ratio for any real property described in subparagraph (A) is the percentage derived by dividing-- ``(I) the CPI for the calendar month in which the disposition takes place, by ``(II) the CPI for the calendar month in which the property was acquired by the taxpayer. The applicable inflation ratio shall not be taken into account unless it is greater than 1. The applicable inflation ratio for any asset shall be rounded to the nearest \1/10\ of 1 percent. ``(iii) CPI for calendar month.--The CPI for any calendar month is the Consumer Price Index (as defined in section 1(f)(5)) for such month. ``(C) Real property.--For purposes of this paragraph, the term `real property' means land and any section 1250 property (within the meaning of section 1250(c)). ``(2) Treatment of certain sales of interests in partnerships, etc.--For purposes of subsection (b), any gain from the sale or exchange of a qualified asset which is an interest in a partnership, S corporation, or trust shall not be treated as gain from the sale or exchange of a qualified asset to the extent such sale gain is attributable to unrealized appreciation in the value of property described in subsection (b)(4) which is held by such entity. Rules similar to the rules of section 751(f) shall apply for purposes of the preceding sentence. ``(3) Deduction only available for certain sales or exchanges.-- ``(A) Sale or exchange must occur after december 31, 1994.--The amount of the net capital gain taken into account under subsection (b)(3)(A) shall not exceed the amount of the net capital gain determined by only taking into account gains and losses from sales and exchanges on or after January 1, 1995. For purposes of the preceding sentence, any amount treated as a capital loss for the taxable year under section 1212 shall be treated as a loss from a sale or exchange on or after such date. ``(B) Required holding period must be satisfied.-- No gain shall be taken into account under subsection (b)(3)(A) unless the holding period of the property sold or exchanged (determined under the principles of section 1223) exceeds 3 years. ``(4) Determination of adjusted gross income.-- ``(A) In general.--For purposes of subsection (b), adjusted gross income shall be determined-- ``(i) without regard to the deduction allowed under this section, but ``(ii) after the application of sections 86, 135, 219, and 469. ``(B) Coordination with other adjusted gross income limitations.--For purposes of the sections listed in subparagraph (A)(ii), adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(5) Special rule for pass-thru entities.-- ``(A) In general.--In applying this section with respect to any pass-thru entity, the determination of when the sale or exchange occurs shall be made at the entity level. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru-entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund.''. (b) Coordination With Minimum Tax.--Paragraph (1) of section 56(b) is amended by adding at the end the following new subparagraph: ``(G) Capital gains deduction not allowed.--The deduction under section 1203 shall not be allowed.''. (c) Coordination With Maximum Capital Gains Rate.--Subsection (h) of section 1 (relating to maximum capital gains rate) is amended to read as follows: ``(h) Maximum Capital Gains Rate.-- ``(1) In general.--If a taxpayer has a net capital gain for any taxable year, then the tax imposed by this section shall not exceed the sum of-- ``(A) a tax computed at the rates and in the same manner as if this subsection had not been enacted on the greater of-- ``(i) taxable income reduced by the amount of the net capital gain, or ``(ii) the amount of taxable income taxed at a rate below 28 percent, plus ``(B) a tax of 28 percent of the amount of taxable income in excess of the amount determined under subparagraph (A). For purposes of the preceding sentence, the net capital gain for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer elects to take into account as investment income for the taxable year under section 163(d)(4)(B)(iii). ``(2) Coordination with section 1203 deduction.--For purposes of paragraph (1), the amount of the net capital gain shall be reduced by the amount allowable as a deduction under section 1203(a).''. (d) Conforming amendments.-- (1) Subsection (a) of section 62 is amended by inserting after paragraph (15) the following new paragraph: ``(16) Capital gains deduction.--The deduction allowed by section 1203.'' (2) Subclause (I) of section 163(d)(4)(B)(i) is amended by inserting ``, reduced by the amount of any deduction allowable under section 1203 attributable to gain for such property'' after ``investment''. (3)(A) Paragraph (2) of section 172(d) is amended to read as follows: ``(2) Capital gains and losses of taxpayers other than corporations.--In the case of a taxpayer other than a corporation-- ``(A) the amount deductible on account of losses from sales or exchanges of capital assets shall not exceed the amount includible on account of gains from sales or exchanges of capital assets; ``(B) the exclusion provided by section 1202 shall not be allowed; and ``(C) the deduction provided by section 1203 shall not be allowed.''. (B) Subparagraph (B) of section 172(d)(4) is amended by inserting ``(2)(C),'' after ``(2)(B),''. (4)(A) Section 220 (relating to cross reference) is amended to read as follows: ``SEC. 220. CROSS REFERENCES. ``(1) For deduction for net capital gains in the case of a taxpayer other than a corporation, see section 1203. ``(2) For deductions in respect of a decedent, see section 691.'' (B) The table of sections for part VII of subchapter B of chapter 1 is amended by striking ``reference'' in the item relating to section 220 and inserting ``references''. (5) Paragraph (4) of section 691(c) is amended by inserting ``1203,'' after ``1202,''. (6) The second sentence of paragraph (2) of section 871(a) is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (7) Paragraph (1) of section 1402(i) is amended to read as follows: ``(1) In general.--In determining the net earnings from self-employment of any options dealer or commodities dealer-- ``(A) notwithstanding subsection (a)(3)(A), there shall not be excluded any gain or loss (in the normal course of the taxpayer's activity of dealing in or trading section 1256 contracts) from section 1256 contracts or property related to such contracts, and ``(B) the deduction provided by section 1203 shall not apply.''. (e) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end thereof the following new item: ``Sec. 1203. Capital gains deduction for individuals.'' (f) Effective Dates.--The amendments made by this section shall apply to taxable years ending after December 31, 1994.

Middle Income Tax Relief Act of 1995 - Amends the Internal Revenue Code to allow a capital gains deduction for individuals of 50 percent of the qualified gain for the taxable year. Limits such gain to $400,000 reduced by the aggregate amount of such gain taken into account for prior years. Makes such deduction unavailable to taxpayers with gross incomes in excess of $250,000. Requires property sold or exchanged for such gain to have been held in excess of three years.

Middle Income Tax Relief Act of 1995

SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Veterans Insurance Needs and Goals Act of 2010'' or the ``SAVINGS Act of 2010''. SEC. 2. FINANCIAL COUNSELING AND DISCLOSURE INFORMATION FOR SERVICEMEMBERS' GROUP LIFE INSURANCE BENEFICIARIES. (a) Financial Counseling and Disclosure Information.-- (1) In general.--Section 1966 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In order to be an eligible life insurance company under this section, a life insurance company shall provide financial counseling to a beneficiary or other person otherwise entitled to payment upon the establishment of a valid claim under section 1970(a) of this title. ``(2) The financial counseling provided pursuant to paragraph (1) shall-- ``(A) be provided both orally and in writing; and ``(B) include full disclosure with respect to the payment of the claim, including, at a minimum-- ``(i) a comparison of the advantages and disadvantages of maintaining such payment with the life insurance company and maintaining such payment with a financial institution, in a format that shows equivalent financial products or product lines with comparable benchmarks, risk factors, or other components the Secretary considers appropriate; ``(ii) a comparison of the rate of interest bearing to such payment if the payment is maintained with the life insurance company and if the payment is maintained with a financial institution; ``(iii) an explanation of whether maintaining such payment with the life insurance company results in the payment not being insured by the Federal Deposit Insurance Corporation; ``(iv) an explanation that the beneficiary may, at the beneficiary's request, receive payment in full as a lump sum; ``(v) an explanation that an account maintained by the insurer does not operate like a traditional checking account; and ``(vi) such other information as the Secretary considers appropriate. ``(3) In order to be an eligible life insurance company under this section, a life insurance company may not charge any fees to a beneficiary or other person otherwise entitled to payment upon the establishment of a valid claim under section 1970(a) with respect to maintaining such payment with the company. ``(4) In each annual performance and accountability report submitted by the Secretary to Congress, the Secretary shall include the following: ``(A) The number of individuals who received financial counseling under paragraph (1). ``(B) A description of the information received by such individuals during such counseling. ``(C) Such recommendations, complaints, or other information with respect to such counseling that the Secretary considers relevant.''. (2) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1966(e) of such title, as added by paragraph (1). (3) Effective date.--Such section shall take effect on the date of the enactment of this Act and shall apply with respect to beneficiaries or other persons otherwise entitled to payment upon the establishment of a valid claim under section 1970(a) of such title after the date described in paragraph (2). (b) Specification by Members of the Armed Forces of Preference for Manner of Disbursement of Proceeds.-- (1) In general.--Section 1967(a) of such title is amended by adding at the end the following new paragraph: ``(6) Upon the insurance of a member under this subchapter, the member shall have the option of specifying a preference for the manner of disbursement of proceeds under this subchapter.''. (2) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations to carry out section 1967(a)(6) of such title, as added by paragraph (1). (3) Effective date.--Such section shall take effect on the date of the enactment of this Act and shall apply with respect to members of the Armed Forces insured under subchapter III of chapter 19 of such title after the date described in paragraph (2). (c) Office of Survivors Assistance.-- (1) Advisory role.--Subsection (b) of section 321 of such title is amended-- (A) by striking ``The Office'' and inserting ``(1) The Office''; and (B) by adding at the end the following new paragraph: ``(2) The Director of the Office shall attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance under section 1974 of this title.''. (2) Resources.--Subsection (d) of such section is amended-- (A) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (B) by adding at the end the following new paragraph: ``(2) In carrying out paragraph (1), the Secretary shall ensure that the Office has the personnel necessary to serve as a resource to provide individuals described in paragraphs (1) and (2) of subsection (a) with information on how to receive the Servicemembers' Group Life Insurance financial counseling pursuant to section 1966(e)(1) of this title.''.

Securing America's Veterans Insurance Needs and Goals Act of 2010 or SAVINGS Act of 2010 - Requires a life insurance company, in order to provide life insurance for veterans under the Servicemembers' Group Life Insurance program, to: (1) provide financial counseling to the beneficiary or other person entitled to payment upon the establishment of a valid claim; and (2) include full disclosure with respect to such payment, including advantages and disadvantages of maintaining such payment with the company versus a financial institution. Prohibits a company from charging fees to a payee for maintaining such payment with the company. Requires the insured to be given the option of specifying the manner of disbursement of insurance proceeds. Requires: (1) the Director of the VA's Office of Survivor Assistance to attend each meeting of the Advisory Council on Servicemembers' Group Life Insurance; and (2) the Secretary to ensure that such Office has the necessary personnel to provide information on the receipt of such counseling.

A bill to amend title 38, United States Code, to ensure that beneficiaries of Servicemembers' Group Life Insurance receive financial counseling and disclosure information regarding life insurance payments, and for other purposes.

SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Connecticut Old State House Bicentennial Commemorative Coin Act''. (b) Findings.--The Congress finds that-- (1) the history of the Old State House in Hartford, Connecticut, is intrinsically linked to the history of the city of Hartford, the State of Connecticut, and the United States; (2) the site of the Old State House is where the Colony of Connecticut was founded and where General George Washington first met Comte de Rochambeau in America to begin plotting the Yorktown strategy to win the Revolutionary War; (3) the Old State House, designed by Charles Bulfinch, is a prime example of 18th century architecture and was designated a Registered National Landmark by the Secretary of the Interior; (4) since 1979, the Old State House Association has operated the Old State House as a museum, public meeting house, and focal point for downtown Hartford; (5) the Old State House Association initiated an extensive renovation in 1992 to revitalize the building and its surroundings and to expand its educational, recreational, and cultural services; (6) the new Old State House will feature a Museum of Connecticut History, a market on Main Street on the building's west side, and a Peace Park on its east side; and (7) the new Old State House will be rededicated on its 200th birthday in May 1996, when it will once again become a focal point and meeting place for Hartford, Connecticut, and the entire New England region. SEC. 2. COIN SPECIFICATIONS. (a) One Dollar Silver Coins.--In commemoration of the bicentennial of the Old State House in Hartford, Connecticut, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 700,000 one dollar coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the Old State House and the role of the Old State House in the history of the city of Hartford, the State of Connecticut, and the United States. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the years ``1796-1996''; 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 Old State House Association, the National Trust for Historic Preservation, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the period beginning on January 1, 1996, and ending on December 31, 1996. 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 $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out 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 Old State House Association for use in-- (1) the construction, renovation, and preservation involving the Old State House, including the Museum of Connecticut History, the Main Street Market, and the Peace Park; (2) the education of the general public about the central role of the Old State House in the history of Connecticut and the United States through exhibits, programs, and other educational activities; and (3) the maintenance of the Old State House as a central hub for recreational, cultural, and commercial activities in the city of Hartford. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Old State House Association 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.

Connecticut Old State House Bicentennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Old State House in Hartford, Connecticut, and its role in history. Mandates that all coin sales include a ten-dollar surcharge which shall be paid to the Old State House Association.

Connecticut Old State House Bicentennial Commemorative Coin Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Next STEP Act of 2013''. SEC. 2. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: ``SEC. 47. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM. ``(a) Definitions.--In this section-- ``(1) the term `eligible small business concern' means a small business concern that-- ``(A) has been in business for not less than the 1- year period ending on the date on which assistance is provided using a grant under this section; ``(B) is operating profitably, based on operations in the United States; ``(C) has demonstrated understanding of the costs associated with exporting and doing business with foreign purchasers, including the costs of freight forwarding, customs brokers, packing and shipping, as determined by the Associate Administrator; and ``(D) has in effect a strategic plan for exporting; ``(2) the term `program' means the State Trade and Export Promotion Grant Program established under subsection (b); ``(3) the term `small business concern owned and controlled by women' has the meaning given that term in section 3; ``(4) the term `socially and economically disadvantaged small business concern' has the meaning given that term in section 8(a)(4)(A); and ``(5) the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. ``(b) Establishment of Program.--The Associate Administrator for International Trade appointed under section 22(a)(2) (hereinafter in this section referred to as the `Associate Administrator') shall establish a trade and export promotion program to be known as the State Trade and Export Promotion Grant Program, to make grants to States to carry out export programs that assist eligible small business concerns in-- ``(1) participation in a foreign trade mission; ``(2) a foreign market sales trip; ``(3) a subscription to services provided by the Department of Commerce; ``(4) the payment of Web site translation fees; ``(5) the design of international marketing media; ``(6) a trade show exhibition; ``(7) participation in training workshops; or ``(8) any other export initiative determined appropriate by the Associate Administrator. ``(c) Grants.-- ``(1) Joint review.--In carrying out the program, the Associate Administrator may make a grant to a State to increase the number of eligible small business concerns in the State that export or to increase the value of the exports by eligible small business concerns in the State. ``(2) Priority.--In making grants under this section, the Associate Administrator may give priority to an application by a State that proposes a program that-- ``(A) focuses on eligible small business concerns as part of an export promotion program; ``(B) demonstrates success in promoting exports by-- ``(i) socially and economically disadvantaged small business concerns; ``(ii) small business concerns owned or controlled by women; and ``(iii) rural small business concerns; ``(C) promotes exports from a State that is not 1 of the 10 States with the highest percentage of exporters that are small business concerns, based upon the latest data available from the Department of Commerce; and ``(D) promotes new-to-market export opportunities to the People's Republic of China for eligible small business concerns in the United States. ``(3) Limitations.-- ``(A) Single application.--A State may not submit more than 1 application for a grant under the program in any 1 fiscal year. ``(B) Proportion of amounts.--The total value of grants under the program made during a fiscal year to the 10 States with the highest number of exporters that are small business concerns, based upon the latest data available from the Department of Commerce, shall be not more than 40 percent of the amounts appropriated for the program for that fiscal year. ``(4) Application.--A State desiring a grant under the program shall submit an application at such time, in such manner, and accompanied by such information as the Associate Administrator may establish. ``(d) Competitive Basis.--The Associate Administrator shall award grants under the program on a competitive basis. ``(e) Federal Share.--The Federal share of the cost of an export program carried out using a grant under the program shall be-- ``(1) for a State that has a high export volume, as determined by the Associate Administrator, not more than 65 percent; and ``(2) for a State that does not have a high export volume, as determined by the Associate Administrator, not more than 75 percent. ``(f) Non-Federal Share.--The non-Federal share of the cost of an export program carried using a grant under the program shall be comprised of not less than 50 percent cash and not more than 50 percent of indirect costs and in-kind contributions, except that no such costs or contributions may be derived from funds from any other Federal program. ``(g) Annual Reports.--The Associate Administrator shall submit an annual report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives regarding the program, which shall include-- ``(1) the number and amount of grants made under the program during the preceding year; ``(2) a list of the States receiving a grant under the program during the preceding year, including the activities being performed with that grant; and ``(3) the effect of each grant on exports by eligible small business concerns in the State receiving the grant. ``(h) Public Web Site.--The Associate Administrator shall establish and maintain, on a publicly accessible Internet Web site of the Administration-- ``(1) a list of each grant awarded under the program, the amount of the grant, and the identity of the grantee State; and ``(2) grant management guidance for recipients including required forms, no-cost extension and carryover information, and a schedule for reimbursements to recipients. ``(i) Enhanced Reporting Requirements.--The Associate Administrator shall-- ``(1) document and maintain all analyses, evaluations, and rationales used to award grants under this section; ``(2) ensure that the goals of recipients of those grants are consistent with the purposes of this section and hold them accountable for adhering to reporting requirements established under this section; ``(3) perform reviews of quarterly reports submitted by grant recipients under this section; and ``(4) in cases where grant recipients do not proposed performance goals, require grant recipients to provide the Associate Administrator with revised work plans and budget estimates to meet those goals. ``(j) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated for each of the fiscal years such sums as may be necessary to carry out this Act and the amendments made by this Act. ``(2) Other amounts.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall be in addition to the amounts otherwise available to carry out this Act and the amendments made by this Act. ``(3) Availability.--Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) are authorized to remain available until expended.''. SEC. 3. REPEAL OF PILOT PROGRAM. Section 1207 of the Small Business Jobs Act of 2010 (15 U.S.C. 649b note) is hereby repealed.

Next STEP Act of 2013 - Amends the Small Business Act to provide for the permanent establishment of the three-year pilot State Trade and Export Promotion Grant Program originally established under the Small Business Jobs Act of 2010. Requires the Associate Administrator for International Trade within the Small Business Administration (SBA) to establish and maintain a public website of information concerning the Program. Sets forth expanded reporting requirements.

Next STEP Act of 2013

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Credit and Development Act of 1994''. SEC. 2. REFERENCES TO THE FARM CREDIT ACT OF 1971. Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), except to the extent otherwise provided. TITLE I--CREDIT FOR RURAL BUSINESS ENTERPRISES SEC. 101. PURCHASES OF LOANS FROM NON-SYSTEM LENDERS. (a) Farm Credit Banks.--Section 1.5(16) U.S.C. 2013(16)) is amended by-- (1) striking out ``sell to lenders that are not Farm Credit System institutions interests in loans'' and inserting in lieu thereof ``buy from and sell to entities that are not Farm Credit System institutions loans and interests in loans that the bank or the associations in its district are authorized to make under this Act''; and (2) inserting before the semicolon at the end the following: ``: Provided, That the provisions of section 4.36 and part C of title IV shall not apply to loans and interests in loans purchased from entities that are not Farm Credit System institutions''. (b) Production Credit Associations.--Section 2.2(11) (12 U.S.C. 2073(11)) is amended by-- (1) inserting ``and buy from entities that are not Farm Credit System institutions loans and interests in loans that the association is authorized to make under this title,'' after ``and nonvoting stock,''; and (2) inserting before the semicolon at the end thereof the following: ``: Provided, That the provisions of section 4.36 and part C of title IV shall not apply to loans and interests in loans purchased from entities that are not Farm Credit System institutions''. (c) Exception to Stock Purchase Requirement.--Section 4.3A(c)(1)(E)(i) (12 U.S.C. 2154a(c)(1)(E)(i)) is amended by inserting before the semicolon at the end thereof the following: ``: Provided, That no voting stock or participation certificates shall be required for loans or interests in loans purchased by the institution from entities that are not Farm Credit System institutions''. SEC. 102. IMPROVING THE AVAILABILITY OF CREDIT FOR FARM-RELATED BUSINESSES. (a) In General.-- (1) FCB borrower eligibility.--Section 1.9(2) (12 U.S.C. 2017(2)) is amended by striking out ``directly related to their on-farm operating needs'' and by inserting ``goods and'' immediately before ``services''. (2) FCB loan purchases.--Section 1.11(c) (12 U.S.C. 2019(c)) is amended by-- (A) in paragraph (1), striking out ``directly related to their on-farm operating needs'' and by inserting ``goods and'' immediately before ``services'' each place it appears; and (2) in the title, inserting ``Goods and'' before ``Services.''. (3) Production credit associations.--Section 2.4(a)(3) (12 U.S.C. 2075(a)(3)) is amended by striking out ``directly related to their on-farm operating needs'' and by inserting ``goods and'' immediately before ``services''. (b) Related Services.-- (1) Farm credit banks.--Section 1.12(a) (12 U.S.C. 2020(a)) is amended by striking out ``appropriate to their on-farm and aquatic operations''. (2) Production credit associations.--Section 2.5 (12 U.S.C. 2076) is amended by striking out ``appropriate to their on-farm and aquatic operations''. SEC. 103. COOPERATIVE-RELATED BUSINESS FINANCING. Section 3.7(b) (12 U.S.C. 2128(b)) is amended by-- (1) redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) inserting after paragraph (1) a new paragraph (2) as follows: ``(2)(A) A bank for cooperatives is authorized to make or participate in loans and commitment to, and extend other technical and financial assistance to, any legal entity providing any of the farm- related services or products of the type described in subparagraph (B) when such loan, commitment, or assistance will provide a direct and material benefit to an association that is an eligible cooperative association under section 3.8(a): Provided, That any such loan or commitment may be made, or assistance extended, to a legal entity only if-- ``(i) the eligible cooperative association certifies to the satisfaction of the bank for cooperatives that a material business relationship exists between it and the legal entity and that it receives a direct and material benefit as a result of that relationship; and ``(ii) the cumulative amount of all such loans, commitments, and assistance to the legal entity do not exceed 10 percent of the bank's total capital, ``(B) The services or products provided by a legal entity that shall enable such legal entity to be eligible for financing under subparagraph (A) are those services or products involved in the processing, preparing for market, handling, or marketing of farm or aquatic products, or in the purchasing, testing, grading, process, distributing, or furnishing of farm or aquatic supplies, or in the furnishing of farm or aquatic business services to, or in other ways adding value to the products or services of, eligible cooperative associations.''; and (3) in paragraph (4), as redesignated by paragraph (1), striking out ``paragraphs (1) and (2)'' and inserting in lieu thereof ``paragraphs (1) and (3)''. TITLE II--CREDIT FOR RURAL INFRASTRUCTURE SEC. 201. RURAL COMMUNITY FACILITY LENDING BY FARM CREDIT BANKS AND DIRECT LONG-TERM LENDING ASSOCIATIONS. (a) Lending Authority.--Section 1.7 (12 U.S.C. 2015) is amended by adding at the end a new subsection as follows: ``(c) Community Facility Loans.--In order to facilitate needed improvements in the infrastructure of rural United States, the Farm Credit Banks may make and participate with other lenders in community facility loans as described in section 1.11(d).''. (b) Eligible Borrowers.--Section 1.9 (12 U.S.C. 2017), as amended by section 102(a)(1) of this Act, is further amended by-- (1) striking out ``or'' at the end of paragraph (2); (2) striking out the period at the end of paragraph (3) and inserting in lieu thereof ``; or''; and (3) adding at the end the following new paragraph: ``(4) persons or public and quasi-public agencies and bodies, and other public and private entities, that, under authority of State or local law, establish or operate water or waste disposal facilities, pollution abatement and control facilities and programs, or other essential community facilities in rural areas.''. (c) Loan Terms and Security.--Section 1.10 (12 U.S.C. 2018) is amended by-- (1) in subsection (a)(2), striking out ``this section'' and inserting in lieu thereof ``section 1.7(a)''; (2) in subsection (b), inserting ``and loans made under the authority of section 1.7(c)'' after ``other than real estate loans''; and (3) adding at the end a new subsection as follows: ``(c) Community Facility Loans.--Loans made under the authority of section 1.7(c) shall be for such terms and on such security (if any) as made be prescribed by policies adopted by the board of directors of the bank.''. (d) Purposes for Extension of Credit.--Section 1.11 (12 U.S.C. 2019) is amended by-- (1) in subsection (a)(1), inserting ``, other than loans under section 1.7(c),'' after ``Loans''; (2) in subsection (b)(2), striking out ``this title'' and inserting in lieu thereof ``section 1.7(a)''; and (3) adding at the end a new subsection as follows: ``(d) Community Facilities.--The Farm Credit Banks may make and participate with other lenders in loans for the purpose of constructing, installing, maintaining, expanding, improving, or operating water or waste disposal facilities, pollution abatement and control facilities and programs, or other essential community facilities, including necessary related equipment, in rural areas: Provided, That, for purposes of this subsection, the term ``rural area'' means all territory of a State that is not within the outer boundary of any city or town having a population of more than 20,000 based on the latest decennial census of the United States.''. (e) Conforming Amendments.--Section 7.6 (12 U.S.C. 2279b) is amended by-- (1) in the material preceding paragraph (1) of subsection (a), inserting ``direct lending'' before ``authority'', and striking out ``, to make and participate in long-term real estate mortgage loans''; (2) in paragraph (1) of subsection (b)-- (A) striking out ``long-term real estate mortgage loan authority,'' and inserting in lieu thereof ``lending authority''; and (B) inserting after ``transferring bank,'' the following: ``and shall possess the powers described in paragraphs (12) and (16) of section 1.5 in connection with such lending authority,''; and (3) adding at the end the following new subsection as follows: ``(e) Transfers of Additional Authorities.--Whenever a transfer of direct lending authority under subsection (a) or (d) has occurred prior to the date of enactment of this subsection, including a transfer of direct lending authority to an association resulting from a merger under section 411 of the Agricultural Credit Act of 1987, any direct lending authority conferred on any bank described in subsection (a) or (d) on or after the date of enactment of this subsection shall automatically transfer to the transferee association at the time the authority is conferred on the bank.''. SEC. 202. BANK FOR COOPERATIVE FINANCING OF UTILITY-RELATED SERVICES. Section 3.7(a) (12 U.S.C. 2128(a)) is amended by adding before the period at the end of the third sentence the following: ``; and each bank may make or participate in loans or commitments and extend other technical and financial assistance to other parties for electric power generation and transmission operations and projects that provide, to entities eligible to borrow from the bank under section 3.8, power, power generation byproducts, or other related benefits or services that are of material economic benefit to such eligible entities''. TITLE III--CREDIT FOR RURAL HOUSING SEC. 301. IMPROVING THE AVAILABILITY OF CREDIT FOR RURAL HOME BUYERS. (a) Population Limitations.-- (1) Farm credit banks.--Section 1.11(b)(3) (12 U.S.C. 2019(b)(3)) is amended by striking out ``2,500 inhabitants'' and inserting in lieu thereof ``20,000 inhabitants''. (2) Production credit associations.--Section 2.4(b)(3) (12 U.S.C. 2075(b)(3)) is amended by striking out ``2,500 inhabitants'' and inserting in lieu thereof ``20,000 inhabitants''. (3) Conforming change.--Section 8.0(1)(B)(i) (12 U.S.C. 2279aa(1)(B)(i)) is amended by striking out ``2,500 inhabitants'' and inserting in lieu thereof ``20,000 inhabitants''. (b) Percentage of Loan Portfolio.-- (1) Farm credit banks.--Section 1.11(b)(2) (12 U.S.C. 2019(b)(2)) is amended by striking out ``15 percent'' and inserting in lieu thereof ``20 percent''. (2) Production credit associations.--Section 2.4(b)(2) (12 U.S.C. 2075(b)(2)) is amended by striking out ``15 percent'' each place it appears and inserting in lieu thereof ``20 percent''. (c) Home Equity Financing.-- (1) Farm credit banks.-- (A) First lien requirement.--Section 1.10(a)(2) (12 U.S.C. 2018(a)(2)), as amended by section 201(c)(1) of this Act, is further amended by striking out ``All'' and inserting in lieu thereof ``Except with respect to loans made to rural residents for personal, family, or household needs other than rural housing financing, all''. (B) Lending authority.--Section 1.11(b)(1) (12 U.S.C. 2019(b)(1)) is amended by inserting ``and other personal, family, or household needs'' after ``housing financing''. (2) Production credit associations.--Section 2.4(a)(2) (12 U.S.C. 2075(a)(2)) is amended by inserting ``and other personal, family, or household needs'' after ``housing financing''.

TABLE OF CONTENTS: Title I: Credit for Rural Business Enterprises Title II: Credit for Rural Infrastructure Title III: Credit for Rural Housing Rural Credit and Development Act of 1994 - Title I: Credit for Rural Business Enterprises - Amends the Farm Credit Act of 1971 to permit farm credit banks and production credit associations to purchase loans and loan interests from non-Farm Credit System institutions. Enlarges the scope of farm-related business for credit availability purposes. Authorizes banks for cooperatives to provide loans and other financial services to entities providing certain farm-related services or products under specified conditions. Title II: Credit for Rural Infrastructure - Authorizes Farm Credit banks to make community facility loans. Authorizes banks for cooperatives to finance utility-related services. Title III: Credit for Rural Housing - Enlarges rural housing credit availability by: (1) increasing eligible population areas; (2) increasing farm credit bank and production credit association loan portfolios for non-farmer rural housing loans; and (3) authorizing loans to rural residents for personal, family, or household needs other than housing finance.

Rural Credit and Development Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Need-Based Educational Aid Act of 2001''. SEC. 2. AMENDMENT. Section 568(d) of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note) is amended by striking ``2001'' and inserting ``2008''. SEC. 3. GAO STUDY AND REPORT. (a) Study.-- (1) In general.--The Comptroller General shall conduct a study of the effect of the antitrust exemption on institutional student aid under section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note). (2) Consultation.--The Comptroller General shall have final authority to determine the content of the study under paragraph (1), but in determining the content of the study, the Comptroller General shall consult with-- (A) the institutions of higher education participating under the antitrust exemption under section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note) (referred to in this Act as the ``participating institutions''); (B) the Antitrust Division of the Department of Justice; and (C) other persons that the Comptroller General determines are appropriate. (3) Matters studied.-- (A) In general.--The study under paragraph (1) shall-- (i) examine the needs analysis methodologies used by participating institutions; (ii) identify trends in undergraduate costs of attendance and institutional undergraduate grant aid among participating institutions, including-- (I) the percentage of first-year students receiving institutional grant aid; (II) the mean and median grant eligibility and institutional grant aid to first-year students; and (III) the mean and median parental and student contributions to undergraduate costs of attendance for first year students receiving institutional grant aid; (iii) to the extent useful in determining the effect of the antitrust exemption under section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note), examine-- (I) comparison data, identified in clauses (i) and (ii), from institutions of higher education that do not participate under the antitrust exemption under section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note); and (II) other baseline trend data from national benchmarks; and (iv) examine any other issues that the Comptroller General determines are appropriate, including other types of aid affected by section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note). (B) Assessment.-- (i) In general.--The study under paragraph (1) shall assess what effect the antitrust exemption on institutional student aid has had on institutional undergraduate grant aid and parental contribution to undergraduate costs of attendance. (ii) Changes over time.--The assessment under clause (i) shall consider any changes in institutional undergraduate grant aid and parental contribution to undergraduate costs of attendance over time for institutions of higher education, including consideration of-- (I) the time period prior to adoption of the consensus methodologies at participating institutions; and (II) the data examined pursuant to subparagraph (A)(iii). (b) Report.-- (1) In general.--Not later than September 30, 2006, the Comptroller General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that contains the findings and conclusions of the Comptroller General regarding the matters studied under subsection (a). (2) Identifying individual institutions.--The Comptroller General shall not identify an individual institution of higher education in information submitted in the report under paragraph (1) unless the information on the institution is available to the public. (c) Recordkeeping Requirement.-- (1) In general.--For the purpose of completing the study under subsection (a)(1), a participating institution shall-- (A) collect and maintain for each academic year until the study under subsection (a)(1) is completed-- (i) student-level data that is sufficient, in the judgment of the Comptroller General, to permit the analysis of expected family contributions, identified need, and undergraduate grant aid awards; and (ii) information on formulas used by the institution to determine need; and (B) submit the data and information under paragraph (1) to the Comptroller General at such time as the Comptroller General may reasonably require. (2) Non-participating institutions.--Nothing in this subsection shall be construed to require an institution of higher education that does not participate under the antitrust exemption under section 568 of the Improving America's Schools Act of 1994 (15 U.S.C. 1 note) to collect and maintain data under this subsection. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on September 30, 2001. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Need-Based Educational Aid Act of 2001 - Amends the Improving America's Schools Act of 1994 to extend through FY 2008 the antitrust exemption for the award of need-based educational aid.Directs the Comptroller General to conduct a study of the effect of the exemption, including by examining the needs analysis methodologies used by participating institutions and identifying trends in undergraduate costs of attendance and institutional undergraduate grant aid among participating institutions. Requires that such study assess what effect the exemption has had on institutional undergraduate grant aid and parental contribution to undergraduate costs of attendance, including consideration of any changes in institutional undergraduate grant aid and parental contribution to undergraduate costs of attendance over time for institutions of higher education.Directs: (1) the Comptroller General to report to the House and Senate Judiciary Committees on its findings and conclusions without identifying an individual institution of higher education unless the information on the institution is publicly available; and (2) participating institutions to collect and maintain specified data and information (but does not require non-participating institutions of higher education to collect and maintain data).

An act to amend the Improving America's Schools Act of 1994 to extend the favorable treatment of need-based educational aid under the antitrust laws, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Board of Certification Act of 2008''. SEC. 2. PURPOSE. It is the purpose of this Act to establish a Federal Board of Certification, which shall certify that the mortgages within a security instrument meet the underlying standards they claim to meet with regards to mortgage characteristics including but not limited to: documentation, loan to value ratios, debt service to income ratios, and borrower credit standards and geographic concentration. The purpose of this certification process is to increase the transparency, predictability and reliability of securitized mortgage products. SEC. 3. DEFINITIONS. As used in this Act-- (1) the term ``Board'' means the Federal Board of Certification established under this Act; (2) the term ``mortgage security'' means an investment instrument that represents ownership of an undivided interest in a group of mortgages; (3) the term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1803); and (4) the term ``Federal financial institutions regulatory agency'' has the same meaning as in section 1003 of the Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3302). SEC. 4. VOLUNTARY PARTICIPATION. Market participants, including firms that package mortgage loans into mortgage securities, may elect to have their mortgage securities evaluated by the Board. SEC. 5. STANDARDS. The Board is authorized to promulgate regulations establishing enumerated security standards which the Board shall use to certify mortgage securities. The Board shall promulgate standards which shall certify that the mortgages within a security instrument meet the underlying standards they claim to meet with regards to documentation, loan to value ratios, debt service to income rations and borrower credit standards. The standards should protect settled investor expectations, and increase the transparency, predictability and reliability of securitized mortgage products. SEC. 6. COMPOSITION. (a) Establishment; Composition.--There is established the Federal Board of Certification, which shall consist of-- (1) the Comptroller of the Currency; (2) the Secretary of Housing and Urban Development; (3) a Governor of the Board of Governors of the Federal Reserve System designated by the Chairman of the Board; (4) the Undersecretary of the Treasury for Domestic Finance; and (5) the Chairman of the Securities and Exchange Commission. (b) Chairperson.--The members of the Board shall select the first chairperson of the Board. Thereafter the position of chairperson shall rotate among the members of the Board. (c) Term of Office.--The term of each chairperson of the Board shall be 2 years. (d) Designation of Officers and Employees.--The members of the Board may, from time to time, designate other officers or employees of their respective agencies to carry out their duties on the Board. (e) Compensation and Expenses.--Each member of the Board shall serve without additional compensation, but shall be entitled to reasonable expenses incurred in carrying out official duties as such a member. SEC. 7. EXPENSES. The costs and expenses of the Board, including the salaries of its employees, shall be paid for by excise fees collected from applicants for security certification from the Board, according to fee scales set by the Board. SEC. 8. BOARD RESPONSIBILITIES. (a) Establishment of Principles and Standards.--The Board shall establish, by rule, uniform principles and standards and report forms for the regular examination of mortgage securities. (b) Development of Uniform Reporting System.--The Board shall develop uniform reporting systems for use by the Board in ascertaining mortgage security risk. The Board shall assess, and publicly publish, how it evaluates and certifies the composition of mortgage securities. (c) Affect on Federal Regulatory Agency Research and Development of New Financial Institutions Supervisory Agencies.--Nothing in this Act shall be construed to limit or discourage Federal regulatory agency research and development of new financial institutions supervisory methods and tools, nor to preclude the field testing of any innovation devised by any Federal regulatory agency. (d) Annual Report.--Not later than April 1 of each year, the Board shall prepare and submit to Congress an annual report covering its activities during the preceding year. (e) Reporting Schedule.--The Board shall determine whether it wants to evaluate mortgage securities at issuance, on a regular basis, or upon request. SEC. 9. BOARD AUTHORITY. (a) Authority of Chairperson.--The chairperson of the Board is authorized to carry out and to delegate the authority to carry out the internal administration of the Board, including the appointment and supervision of employees and the distribution of business among members, employees, and administrative units. (b) Use of Personnel, Services, and Facilities of Federal Financial Institutions Regulatory Agencies, and Federal Reserve Banks.--In addition to any other authority conferred upon it by this Act, in carrying out its functions under this Act, the Board may utilize, with their consent and to the extent practical, the personnel, services, and facilities of the Federal financial institutions regulatory agencies, and Federal Reserve banks, with or without reimbursement therefor. (c) Compensation, Authority, and Duties of Officers and Employees; Experts and Consultants.--The Board may-- (1) subject to the provisions of title 5, United States Code, relating to the competitive service, classification, and General Schedule pay rates, appoint and fix the compensation of such officers and employees as are necessary to carry out the provisions of this Act, and to prescribe the authority and duties of such officers and employees; and (2) obtain the services of such experts and consultants as are necessary to carry out this Act. SEC. 10. BOARD ACCESS TO INFORMATION. For the purpose of carrying out this Act, the Board shall have access to all books, accounts, records, reports, files, memorandums, papers, things, and property belonging to or in use by Federal financial institutions regulatory agencies, including reports of examination of financial institutions, their holding companies, or mortgage lending entities from whatever source, together with work papers and correspondence files related to such reports, whether or not a part of the report, and all without any deletions. SEC. 11. REGULATORY REVIEW. (a) In General.--Not less frequently than once every 10 years, the Board shall conduct a review of all regulations prescribed by the Board, in order to identify outdated or otherwise unnecessary regulatory requirements imposed on insured depository institutions. (b) Process.--In conducting the review under subsection (a), the Board shall-- (1) categorize the regulations described in subsection (a) by type; and (2) at regular intervals, provide notice and solicit public comment on a particular category or categories of regulations, requesting commentators to identify areas of the regulations that are outdated, unnecessary, or unduly burdensome. (c) Complete Review.--The Board shall ensure that the notice and comment period described in subsection (b)(2) is conducted with respect to all regulations described in subsection (a), not less frequently than once every 10 years. (d) Regulatory Response.--The Board shall-- (1) publish in the Federal Register a summary of the comments received under this section, identifying significant issues raised and providing comment on such issues; and (2) eliminate unnecessary regulations to the extent that such action is appropriate. (e) Report to Congress.--Not later than 30 days after carrying out subsection (d)(1) of this section, the Board shall submit to the Congress a report, which shall include a summary of any significant issues raised by public comments received by the Board under this section and the relative merits of such issues. SEC. 12. LIABILITY. Any publication, transmission, or webpage containing an advertisement for or invitation to buy a mortgage security shall include the following notice, in conspicuous type: ``Certification by the Federal Board of Certification can in no way be considered a guarantee of the mortgage security. Certification is merely a judgment by the Federal Board of Certification of the degree of risk offered by the security in question. The Federal Board of Certification is not liable for any actions taken in reliance on such judgment of risk.''.

Federal Board of Certification Act of 2008 - Establishes a Federal Board of Certification to certify that the mortgages within a security instrument meet the underlying standards they claim to meet with regards to such mortgage characteristics as: (1) documentation; (2) loan to value ratios; (3) debt service to income ratios; and (4) borrower credit standards and geographic concentration. States that the purpose of this certification process is to increase the transparency, predictability, and reliability of securitized mortgage products. Authorizes market participants, including firms that package mortgage loans into mortgage securities, to elect to have their mortgage securities evaluated by the Board. Authorizes the Board to: (1) promulgate regulations establishing enumerated security standards to use in certifying mortgage securities; (2) establish uniform principles and standards and report forms for the regular examination of such securities; and (3) develop uniform reporting systems for ascertaining mortgage security risk. Grants the Board access to all books, accounts, records, reports, files, memorandums, papers, things, and property belonging to or in use by federal financial institutions regulatory agencies. Requires any publication, transmission, or webpage containing an advertisement for or invitation to buy a mortgage security to carry a disclaimer that certification by the Federal Board of Certification can in no way be considered a guarantee of the mortgage security, but is merely a judgment of the degree of risk offered by the security in question.

A bill to establish a Federal Board of Certification to enhance the transparency, credibility, and stability of financial markets, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Minerals Reclamation Foundation Establishment Act of 2007''. SEC. 2. ESTABLISHMENT OF MINERALS RECLAMATION FOUNDATION. (a) In General.--There is established the Minerals Reclamation Foundation. The Foundation is a charitable and nonprofit corporation and is not an agency or establishment of the United States. (b) Purpose.--The purpose of the Foundation shall be-- (1) to encourage, obtain, and use gifts, devises, and bequests of real and personal property for abandoned mine lands projects that further the conservation of natural, scenic, historic, scientific, educational, wildlife habitat, or recreational resources; (2) to foster compensation or approved and authorized offsite mitigation for ongoing mining on Federal lands, State lands, and split estate lands; and (3) to work with other persons, including foundations, to foster wider public knowledge of issues related to mineral resource extraction, reclamation, and sustainable development, including minerals education. (c) Strategy.--The Foundation shall develop a strategy to build partnerships with persons, including foundations and government agencies, and play a catalytic role that focuses on local action, to accomplish tangible and lasting results in the effective reclamation of abandoned mine lands. (d) Grants and Contracts.--The Foundation may use gifts, devises, bequests, and matching funds from the Secretary of the Interior under section 11(b) to make grants and award contracts for a project described in subsection (b) that-- (1) is approved by the Board of the Foundation; (2) is consistent with the purpose of the Foundation under subsection (b); and (3) is in accordance with the strategy under subsection (c). (e) Limitation and Conflicts of Interest.-- (1) In general.--The Foundation shall have no power, other than as an insubstantial part of its activities, to spend funds or engage in activities that are not in furtherance of subsection (b). (2) Political activities.--The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office. (3) Conflict of interests.--No director, officer, or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation affecting-- (A) the financial interests of the director, officer, or employee; or (B) the interests of any corporation partnership, entity, or organization in which such director, officer, or employee-- (i) is an officer, director, of trustee; or (ii) has any direct or indirect financial interest. (f) Limitation on Administrative Expenditures.--Of the amount available to the Foundation for expenditure each fiscal year, not more than 20 percent may be used for administrative expenses. SEC. 3. BOARD OF DIRECTORS. (a) Establishment and Membership.-- (1) In general.--The Foundation shall have a governing Board of Directors (in this Act referred to as the ``Board''), which shall consist of 15 Directors, each of whom shall be a United States citizen. (2) Education and experience of members.--The members of the Board must be educated or have actual experience in minerals production and reclamation of mine lands or mineral resource financing, law, or research. Not more than 3 members of the Board at any particular time may be individuals admitted to engage in, and engaged in, the practice of law in a State. (3) Representation of diverse areas of expertise.--To the extent practicable, members of the Board shall represent diverse areas of expertise relating to mining and mine reclamation. (4) Ex officio member.--The Director of the Office of Surface Mining shall be an ex officio, nonvoting member of the Board. (5) Appointment and terms.-- (A) In general.--Within one year after the date of enactment of this Act, the Secretary of the Interior shall appoint the Directors of the Board. Thereafter the Secretary shall no longer have such authority, and subsequent appointments shall be made by the Chairman with the advice and consent of a majority of the Board. (B) Terms, generally.--Except as provided in subparagraph (C), directors shall be appointed for a term of 6 years. (C) Initial appointments.--Of the members initially appointed-- (i) one-third shall be appointed for a term of 2 years; and (ii) one-third shall be appointed for a term of 4 years. (D) Vacancies.--A vacancy on the Board shall be filled within 120 days after the occurrence of such vacancy, in the manner of which the original appointment was made. (E) Limitation.--No individual may serve more than 12 consecutive years as a Director. (6) Removal.--If a Director misses three consecutive meetings of the Board, that individual may be removed from the Board by a majority vote of the Board of Directors and that vacancy filled in accordance with this subsection. (7) Non-federal status.--Appointment as a Director of the Board shall not constitute employment by, or the holding of an office of, the United States for the purposes of any Federal law. (b) Chairman.--The Chairman shall be elected by the Board from its members. An individual shall serve for a 2-year term as Chairman, and may be reelected to the post during the individual's tenure as a Director. (c) Quorum.--A majority of the current voting membership of the Board shall constitute a quorum for the transaction of business. (d) Meetings.--The Board shall meet at the call of the Chairman at least once each year. (e) Reimbursement of Expenses.--Voting members of the Board shall serve without pay, but may be reimbursed for the actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties for the Foundation. Such reimbursement may not exceed such amount as would be authorized under section 5703 of title 5, United States Code, for the payment of expenses and allowances for individuals employed intermittently in the Federal Government service. (f) General Powers.--The Board may complete the organization of the Foundation by-- (1) appointing officers and employees (subject to subsection (g)(1)); (2) adopting a constitution and bylaws consistent with the purpose of the Foundation under section 2(b) and the other provisions of section 2; and (3) undertaking other such acts as may be necessary to function and to carry out this Act. (g) Officers and Employees.--Officers and employees of the Foundation-- (1) may not be appointed until the Foundation has sufficient funds to pay for their services; (2) shall be appointed without regard to the provisions of title 5, United States Code, governing appointment in the competitive service; and (3) may be paid 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. SEC. 4. CORPORATE POWERS AND OBLIGATIONS. (a) In General.--The Foundation-- (1) shall have perpetual succession; (2) may conduct business throughout the several States, territories, possessions of the United States, and in Canada and Mexico; (3) shall have an office in the metropolitan area of the District of Columbia which shall at all times maintain a designated agent in the District of Columbia to accept services of processes for the Foundation; (4) may maintain as many offices as deemed necessary, including project offices, by the Board outside of the metropolitan area of the District of Columbia, including an office in Albuquerque, New Mexico, or Denver, Colorado; and (5) shall at all times maintain a designated agent in the District of Columbia authorized to accept services of process for the Foundation. (b) Notice and Service of Process.--The serving of notice to, or service of process upon, the agent required under subsection (a)(3), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (c) Seal.--The Foundation shall have an official seal selected by the Board which shall be judicially noticed. (d) Powers.-- (1) In general.--To carry out its purpose, the Foundation shall have, in addition to powers otherwise authorized under this Act, other than the power to issue securities of pay dividends. (2) Included powers.--The powers of the Foundation under this subsection include the power to-- (A) accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (B) unless otherwise required by the instrument of transfer by which the Foundation acquires property, sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income therefrom; (C) borrow money and issue bonds, debentures, or other debt instruments; (D) sue and be sued, and complain and defend itself in any court of competent jurisdiction (except that the Directors of the Board shall not be personally liable, except for gross negligence); (E) enter into contracts or other arrangements with public agencies, private organizations, and persons, and to make such payments as may be necessary to carry out the purposes thereof; and (F) do any and all acts necessary and proper to carry out the purposes of the Foundation. (e) Acquisition of Property.-- (1) In general.--In addition to its powers under subsection (f), the Foundation may acquire, hold, and dispose of lands, waters, or other interests in real property by donation, gift, devise, purchase or exchange. (2) Exemption from condemnation.--No lands or waters, or interest therein, that are owned by the Foundation and are determined by the Secretary to be valuable for purposes established in this Act shall be subject to condemnation by any State or political subdivision, or any agent of instrumentality thereof. (f) Dissolution.--If the Foundation is dissolved for any reason, funds remaining in accounts of the Foundation and all assets of the Foundation shall be donated to the United States and available to the Secretary of the Interior for use in reclamation of abandoned mine lands. SEC. 5. ADMINISTRATIVE SERVICES AND SUPPORT. (a) Startup Funds.--For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other startup expenses, the Secretary may provide to the Foundation $2,000,000 from funds appropriated under section 11(a) for each of fiscal years 2008 and 2009. Such funds shall remain available to the Foundation until they are expended. (b) Administrative Expenses.-- (1) In general.--The Secretary may provide the Foundation use of the Department of the Interior personnel, facilities, and equipment, subject to such limitations, terms, and conditions as the Secretary shall establish. (2) Reimbursement.--The Secretary.-- (A) may require the Foundation to reimburse the Secretary for the costs of providing personnel, facilities, and equipment under this subsection; and (B) shall require such reimbursement beginning upon the end of the 5-year period beginning on the date of the enactment of this Act. SEC. 6. AUDITS AND REPORT REQUIREMENT. (a) Audits.--For purposes of section 10101 of title 36, United States Code, the Foundation shall be treated as a corporation in part B of subtitle II of such title. (b) Report.--The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of its proceedings and activities during such fiscal year, including-- (1) a full and complete statement of its receipts, expenditures, and investments; (2) a description of all acquisition and disposal of real property by the Foundation; and (3) a detailed statement of the recipient, amount, and purpose of each grant made by the Foundation. SEC. 7. RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR FAILURE TO ACT. The Attorney General of the United States may petition in the United States District Court for the District of Columbia for such equitable relief as may be necessary or appropriate if the Foundation-- (1) engages in, or threatens to engage in, any act, practice, or policy that is inconsistent with its purpose set forth in section 2(b); or (2) refuses, fails, or neglects to discharge its obligations under this chapter, or threatens to do so. SEC. 8. UNITED STATES RELEASE FROM LIABILITY. The United States shall not be liable for any debts, defaults, acts, of omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligations of the Foundation. SEC. 9. ACTIVITIES OF THE FOUNDATION AND DEPARTMENT OF THE INTERIOR. The activities of the Foundation authorized under this Act shall be supplemental to, and shall not preempt, any authority or responsibility of the Department of the Interior under any other provision of law. SEC. 10. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the Board of Directors of the Foundation. (2) Foundation.--The term ``Foundation'' means the Minerals Reclamation Foundation established by this Act. (3) Interest in real property.--The term ``Interest in real property'' includes mineral rights, right of way, and easements, appurtenant or in gross. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Split estate lands.--The term ``split estate lands'' means lands with respect to which the surface is or will be in non-Federal ownership and a mineral interest is owned by the United States. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Start-up Funds.--There is authorized to be appropriated to the Secretary $4,000,000 to carry out section 5(a). (b) Matching Funds.--There is authorized to be appropriated to the Secretary $3,000,000 for each of fiscal years 2009 through 2013, which shall be made available by the Secretary to the Foundation to match, on a one-for-one basis, private contributions made to the Foundation.

Minerals Reclamation Foundation Establishment Act of 2007 - Establishes the Minerals Reclamation Foundation as a charitable, nonprofit, non-federal entity to: (1) obtain gifts, devises, and bequests of real and personal property for abandoned mine lands projects that further the conservation of natural, scenic, historic, scientific, educational, wildlife habitat, or recreational resources; (2) foster compensation or approved and authorized offsite mitigation for ongoing mining on federal lands, state lands, and split estate lands; and (3) work with other persons, including foundations, to foster wider public knowledge of issues related to mineral resource extraction, reclamation, and sustainable development, including minerals education.

To establish the Minerals Reclamation Foundation, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Disaster Loan Reporting Act of 2007''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``applicable period'' means the period beginning on the date on which the President declares a major disaster and ending on the date that is 30 days after the later of the closing date for applications for physical disaster loans for that disaster and the closing date for applications for economic injury disaster loans for that disaster; (3) the term ``disaster loan program of the Administration'' means assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); (4) the term ``disaster update period'' means the period beginning on the date on which the President declares a major disaster and ending on the date on which that declaration terminates; (5) the term ``major disaster'' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122); (6) the term ``small business concern'' has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); and (7) the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 3. DEVELOPMENT AND IMPLEMENTATION OF MAJOR DISASTER RESPONSE PLAN. (a) In General.--Not later than May 1, 2007, the Administrator shall-- (1) by rule, amend the 2006 Atlantic hurricane season disaster response plan of the Administration (in this section referred to as the ``disaster response plan'') to apply to major disasters; and (2) submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives detailing the amendments to the disaster response plan. (b) Contents.--The amended report required under subsection (a)(2) shall include-- (1) any updates or modifications made to the disaster response plan since the report regarding the disaster response plan submitted on July 14, 2006; (2) a description of how the Administrator plans to utilize and integrate District Office personnel of the Administration in the response to a major disaster, including information on the utilization of personnel for loan processing and loan disbursement; (3) a description of the disaster scalability model of the Administration and on what basis or function the plan is scaled; (4) a description of how the agency-wide Disaster Oversight Council is structured, which offices comprise its membership, and whether the Associate Deputy Administrator for Entrepreneurial Development of the Administration is a member; (5) a description of how the Administrator plans to coordinate the disaster efforts of the Administration with State and local government officials, including recommendations on how to better incorporate State initiatives or programs, such as State-administered bridge loan programs, into the disaster response of the Administration; (6) recommendations, if any, on how the Administrator can better coordinate its disaster response operations with the operations of other Federal, State, and local entities; (7) any surge plan for the disaster loan program of the Administration in effect on or after August 29, 2005 (including surge plans for loss verification, loan processing, mailroom, customer service or call center operations, and a continuity of operations plan); (8) the number of full-time equivalent employees and job descriptions for the planning and disaster response staff of the Administration; (9) the in-service and preservice training procedures for disaster response staff of the Administration; (10) information on the logistical support plans of the Administration (including equipment and staffing needs, and detailed information on how such plans will be scalable depending on the size and scope of the major disaster; (11) a description of the findings and recommendations of the Administrator, if any, based on a review of the response of the Administration to Hurricane Katrina of 2005, Hurricane Rita of 2005, and Hurricane Wilma of 2005; and (12) a plan for how the Administrator, in cooperation with the Administrator of the Federal Emergency Management Agency, will coordinate the provision of accommodations and necessary resources for disaster assistance personnel to effectively perform their responsibilities in the aftermath of a major disaster. (c) Exercises.--Not later than May 31, 2007, the Administrator shall develop and execute simulation exercises to demonstrate the effectiveness of the amended disaster response plan required under this section. SEC. 4. CONGRESSIONAL OVERSIGHT. (a) Monthly Accounting Report to Congress.-- (1) Reporting requirements.--Not later than the fifth business day of each month during the applicable period for a major disaster, the Administrator shall provide to the Committee on Small Business and Entrepreneurship and the Committee on Appropriations of the Senate and to the Committee on Small Business and the Committee on Appropriations of the House of Representatives a report on the operation of the disaster loan program authorized under section 7 of the Small Business Act (15 U.S.C. 636) for that major disaster during the preceding month. (2) Contents.--Each report under paragraph (1) shall include-- (A) the daily average lending volume, in number of loans and dollars, and the percent by which each category has increased or decreased since the previous report under paragraph (1); (B) the weekly average lending volume, in number of loans and dollars, and the percent by which each category has increased or decreased since the previous report under paragraph (1); (C) the amount of funding spent over the month for loans, both in appropriations and program level, and the percent by which each category has increased or decreased since the previous report under paragraph (1); (D) the amount of funding available for loans, both in appropriations and program level, and the percent by which each category has increased or decreased since the previous report under paragraph (1), noting the source of any additional funding; (E) an estimate of how long the available funding for such loans will last, based on the spending rate; (F) the amount of funding spent over the month for staff, along with the number of staff, and the percent by which each category has increased or decreased since the previous report under paragraph (1); (G) the amount of funding spent over the month for administrative costs, and the percent by which such spending has increased or decreased since the previous report under paragraph (1); (H) the amount of funding available for salaries and expenses combined, and the percent by which such funding has increased or decreased since the previous report under paragraph (1), noting the source of any additional funding; and (I) an estimate of how long the available funding for salaries and expenses will last, based on the spending rate. (b) Daily Disaster Updates to Congress for Presidentially Declared Disasters.-- (1) In general.--Each day during a disaster update period, excluding Federal holidays and weekends, the Administration shall provide to the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives a report on the operation of the disaster loan program of the Administration for the area in which the President declared a major disaster. (2) Contents.--Each report under paragraph (1) shall include-- (A) the number of Administration staff performing loan processing, field inspection, and other duties for the declared disaster, and the allocations of such staff in the disaster field offices, disaster recovery centers, workshops, and other Administration offices nationwide; (B) the daily number of applications received from applicants in the relevant area, as well as a breakdown of such figures by State; (C) the daily number of applications pending application entry from applicants in the relevant area, as well as a breakdown of such figures by State; (D) the daily number of applications withdrawn by applicants in the relevant area, as well as a breakdown of such figures by State; (E) the daily number of applications summarily declined by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State; (F) the daily number of applications declined by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State; (G) the daily number of applications in process from applicants in the relevant area, as well as a breakdown of such figures by State; (H) the daily number of applications approved by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State; (I) the daily dollar amount of applications approved by the Administration from applicants in the relevant area, as well as a breakdown of such figures by State; (J) the daily amount of loans dispersed, both partially and fully, by the Administration to applicants in the relevant area, as well as a breakdown of such figures by State; (K) the daily dollar amount of loans disbursed, both partially and fully, from the relevant area, as well as a breakdown of such figures by State; (L) the number of applications approved, including dollar amount approved, as well as applications partially and fully disbursed, including dollar amounts, since the last report under paragraph (1); and (M) the declaration date, physical damage closing date, economic injury closing date, and number of counties included in the declaration of a major disaster. (c) Notice of the Need for Supplemental Funds.--On the same date that the Administrator notifies any committee of the Senate or the House of Representatives that supplemental funding is necessary for the disaster loan program of the Administration in any fiscal year, the Administrator shall notify in writing the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives regarding the need for supplemental funds for that loan program. (d) Report on Contracting.-- (1) In general.--Not later than 6 months after the date on which the President declares a major disaster, and every 6 months thereafter until the date that is 18 months after the date on which the major disaster was declared, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and to the Committee on Small Business of the House of Representatives regarding Federal contracts awarded as a result of that major disaster. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) the total number of contracts awarded as a result of that major disaster; (B) the total number of contracts awarded to small business concerns as a result of that major disaster; (C) the total number of contracts awarded to women and minority-owned businesses as a result of that major disaster; and (D) the total number of contracts awarded to local businesses as a result of that major disaster. (e) Report on Loan Approval Rate.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives detailing how the Administration can improve the processing of applications under the disaster loan program of the Administration. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) recommendations, if any, regarding-- (i) staffing levels during a major disaster; (ii) how to improve the process for processing, approving, and disbursing loans under the disaster loan program of the Administration, to ensure that the maximum assistance is provided to victims in a timely manner; (iii) the viability of using alternative methods for assessing the ability of an applicant to repay a loan, including the credit score of the applicant on the day before the date on which the disaster for which the applicant is seeking assistance was declared; (iv) methods, if any, for the Administration to expedite loss verification and loan processing of disaster loans during a major disaster for businesses affected by, and located in the area for which the President declared, the major disaster that are a major source of employment in the area or are vital to recovery efforts in the region (including providing debris removal services, manufactured housing, or building materials); (v) legislative changes, if any, needed to implement findings from the Administration's Accelerated Disaster Response Initiative; and (vi) a description of how the Administration plans to integrate and coordinate the response to a major disaster with the technical assistance programs of the Administration; and (B) the plans of the Administrator for implementing any recommendation made under subparagraph (A).

Small Business Disaster Loan Reporting Act of 2007 - Directs the Administrator of the Small Business Administration (SBA) to: (1) amend the 2006 hurricane season disaster response plan to apply to major disasters; (2) report monthly to the congressional small business committees on the operation of the SBA disaster loan program; (3) provide daily updates during presidentially declared disaster periods; (4) provide reports regarding federal contracts awarded as a result of a major disaster; and (5) report on how the SBA can improve the processing of applications under the disaster loan program.

A bill to require reporting regarding the disaster loan program of the Small Business Administration, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare+Choice Accountability Act of 2001''. SEC. 2. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) Requirement for 3-Year Contracts.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended-- (1) by redesignating the matter following the heading as subparagraph (A) and inserting ``In general.--'' after ``(A)''; (2) in subparagraph (A), as so redesignated-- (A) by striking ``a term of at least 1 year'' and inserting ``an initial term of at least 3 years''; and (B) by striking ``from term to term'' and inserting ``for additional 3-year periods thereafter''; and (3) by adding at the end the following new subparagraphs: ``(B) Limitation on modification of benefits and premiums during the contract period.--A Medicare+Choice organization under a contract with the Secretary under this section may not modify premiums and benefits under the Medicare+Choice plan offered by the organization for the duration of that contract unless the Secretary determines that such modifications would increase the value of the coverage under the plan. ``(C) Prohibition on withdrawing from parts of a service area.--A Medicare+Choice organization under a contract with the Secretary under this section may not withdraw from any part of the service area in which it offers a Medicare+Choice plan.''. (b) Payment Amount.--Section 1853(c) of such Act (42 U.S.C. 1395w- 23(c)) is amended to read as follows: ``(c) Calculation of Annual Medicare+Choice Capitation Rates.-- ``(1) Adjusted average per capita amount.--For purposes of this part, subject to paragraph (2), each annual Medicare+Choice capitation rate, for a Medicare+Choice payment area for a contract year consisting of a calendar year, is equal to the Secretary's estimate of the adjusted average per capita cost (as determined under section 1876(a)(4)) for the payment area and contract year. ``(2) Exclusion of medical education costs.--In determining the amounts under paragraph (1), the Secretary shall not take into account payments attributable to-- ``(A) graduate medical education payments under section 1886(h); ``(B) disproportionate share hospital payments described in section 1886(d)(5)(F); or ``(C) indirect costs of medical education described in section 1886(d)(5)(B).''. (c) Service Areas Requirements.--Section 1852 of such Act (42 U.S.C. 1395w-22) is amended by adding at the end the following new subsection: ``(m) Service Areas.-- ``(1) Designation by Secretary.--Taking into account factors such as commercial rating patterns, the Secretary shall designate geographic areas as service areas for purposes of this part. Such areas may be portions of a State or an entire State. ``(2) Prohibition on counties being in multiple service areas.--In no case may a county or equivalent area, or portion thereof, be included in more than one service area designated by the Secretary under paragraph (1).''. (d) Benefits.-- (1) Requirement for uniform benefits for all enrollees residing in the service area.-- (A) In general.--Section 1852(a) of such Act (42 U.S.C. 1395w-22(a)) is amended-- (i)(I) in paragraph (2)(C), by striking ``may elect to'' and inserting ``shall''; and (II) in the heading of such paragraph by striking ``Election of'' and inserting ``Requirement for''; and (ii) by adding at the end the following new paragraph: ``(6) Requirement for uniform benefits in a service area.-- ``(A) In general.--Subject to subparagraph (B), a Medicare+Choice plan shall provide the same benefits to all enrollees in a service area (designated by the Secretary under subsection (m)). ``(B) Adaption by health maintenance organizations.--In applying subparagraph (A) in the case of a plan that is a health maintenance organization, if limitations in provider contracts prevent the plan from maintaining the provider contracts in certain parts of a service area, the plan may establish a preferred provider network or fee-for- service plan in those parts of the service area, but only if the cost-sharing applicable to such a network or plan is not established in a manner that discourages enrollment of residents in those parts of the service area.''. (B) Conforming repeal of authority to use of segments of service areas.--Section 1854 of such Act (42 U.S.C. 1395w-24) is amended by striking subsection (h). (2) No requirement for supplemental benefits.-- (A) In general.--Section 1854(f)) of such Act (42 U.S.C. 1395w-24(f))) is amended by adding at the end the following new paragraph: ``(5) Application of provision.--The provisions of this subsection shall not apply for any year with respect to which a Medicare+Choice organization has entered into a 3-year contract with the Secretary under section 1857(c)(1).''. (B) Conforming amendment.--Section 1852(a)(1)(B) of such Act (42 U.S.C. 1395w-22(a)(1)(B)) is amended by inserting before the period the following: ``for any year with respect to which a Medicare+Choice organization has entered into a 3-year contract with the Secretary under section 1857(c)(1)''. (e) Effective Date.--The amendments made by this section shall apply to contracts entered into on or after January 1, 2002. SEC. 3. CONTINUOUS OPEN ENROLLMENT AND DISENROLLMENT. (a) In General.--Section 1851(e)(2) of the Social Security Act (42 U.S.C. 1395w-21(e)(2)) is amended to read as follows: ``(2) Continuous open enrollment and disenrollment.-- Subject to paragraph (5), a Medicare+Choice eligible individual may change the election under subsection (a)(1) at any time.''. (b) Conforming Amendments.-- (1) Medicare+choice.--Section 1851(e) of such Act (42 U.S.C. 1395w-21(e)) is amended-- (A) in paragraph (4)-- (i) by striking ``Effective as of January 1, 2002, an'' and inserting ``An''; (ii) by striking ``other than during an annual, coordinated election period''; (iii) by inserting ``in a special election period for such purpose'' after ``make a new election under this section''; and (iv) by striking the second sentence; and (B) in paragraphs (5)(B) and (6)(A), by striking ``the first sentence of''. (2) Permitting reenrollment in medigap when m+c plans reduce benefits.-- (A) In general.--Clause (ii) of section 1882(s)(3)(B) of such Act (42 U.S.C. 1395ss(s)(3)(B)) is amended-- (i) by striking ``under the first sentence of'' each place it appears and inserting ``during a special election period provided for under''; and (ii) by inserting ``(including a reduction in benefits offered under a Medicare+Choice plan from year to year)'' after ``section 1851(e)(4)''. (B) Conforming amendment.--Clause (iii) of such section is amended-- (i) by striking ``under the first sentence of'' and inserting ``during a special election period provided for under''; and (ii) by inserting ``(including a reduction in benefits offered under a Medicare+Choice plan from year to year)'' after ``section 1851(e)(4)''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 2002.

Medicare + Choice Accountability Act of 2001 - Amends the Social Security Act to: (1) extend the Medicare + Choice contract period to three years; and (2) permit continuous open enrollment or disenrollment.

To amend part C of title XVIII to require Medicare+Choice organizations to offer Medicare+Choice plans for a minimum period of three years, and to permit Medicare beneficiaries to enroll and disenroll from such plans at any time.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Water Transportation Budgeting Act''. SEC. 2. BUDGETARY TREATMENT OF INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. Notwithstanding any other provision of law, the receipts and disbursements of the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget (including allocations of budget authority and outlays provided therein), or (C) the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. (a) Estimates of Unfunded Inland Waterways Authorizations and Net Inland Waterways Receipts.--Not later than March 31 of each year, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall estimate-- (1) the amount which would (but for this section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations at the close of the first fiscal year that begins after that March 31; and (2) the net inland waterways receipts and net harbor maintenance receipts at the close of such fiscal year. (b) Procedure if Excess Unfunded Inland Waterways Authorizations.-- If the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. (c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- (1) Determination of percentage.--If the Secretary of the Army determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary of the Army shall determine the percentage which-- (A) such excess, is of (B) the total of the amounts authorized to be appropriated from the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund, as the case may be, for the next fiscal year. (2) Adjustment of authorizations.--If the Secretary of the Army determines a percentage under paragraph (1), each amount authorized to be appropriated from the Trust Fund for the next fiscal year shall be reduced by such percentage. (d) Availability of Amounts Previously Withheld.--If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) with respect to the Trust Fund shall be increased, by an equal percentage, to the extent the Secretary of the Army determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed with respect to the Trust Fund the amount described in subsection (a)(2) (but not by more than the amount of the reduction). (e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary of the Army to Congress. SEC. 4. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Harbor maintenance trust fund.--The term ``Harbor Maintenance Trust Fund'' means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. (2) Inland waterways trust fund.--The term ``Inland Waterways Trust Fund'' means the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (3) Net harbor maintenance receipts.--The term ``net harbor maintenance receipts'' means, with respect to any period, the receipts (including interest) of the Harbor Maintenance Trust Fund during such period. (4) Net inland waterways receipts.--The term ``net inland waterways receipts'' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period. (5) Unfunded inland waterways authorizations.--The term ``unfunded inland waterways authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Inland Waterways Trust Fund which has not been appropriated, over (B) the amount available in the Inland Waterways Trust Fund at such time to make such appropriations. (6) Unfunded harbor maintenance authorizations.--The term ``unfunded harbor maintenance authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Harbor Maintenance Trust Fund which has not been appropriated, over (B) the amount available in the Harbor Maintenance Trust Fund at such time to make such appropriations. SEC. 5. APPLICABILITY. This Act shall apply to fiscal years beginning after September 30, 2001.

Truth in Water Transportation Budgeting Act - Prohibits the receipts and disbursements of the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation.Requires the Secretary of the Army to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded inland waterways and harbor maintenance authorizations; and (2) the net inland waterways and harbor maintenance receipts at the close of such year.

To provide off-budget treatment for the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Small Business Health Relief Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES Sec. 101. Protecting American jobs and wages. Sec. 102. Increasing flexibility for small businesses. Sec. 103. Increasing choices for Americans. Sec. 104. Protecting patients from higher premiums. Sec. 105. Ensuring affordable coverage. TITLE II--INCREASING CONSUMER CONTROL Sec. 201. Repeal of restriction on over-the-counter medicines. Sec. 202. Repeal of the annual cap. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE Sec. 301. Allowing individuals to keep the coverage they have if they like it. TITLE I--MAKING COVERAGE AFFORDABLE FOR SMALL BUSINESSES SEC. 101. PROTECTING AMERICAN JOBS AND WAGES. (a) Repeal of Shared Responsibility Payment for Employers Regarding Health Coverage.-- (1) In general.--Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (2) Conforming amendments.-- (A) The table of sections for chapter 43 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 4980H. (B) Section 1311(d)(4)(I) of the Patient Protection and Affordable Care Act is amended by inserting ``and'' at the end of clause (i) and by striking clause (ii). (C) Section 1332(a)(2)(D) of such Act is amended by striking ``36B, 4980H, and 5000A'' and inserting ``36B and 5000A''. (D) Section 1411(e)(4)(B) of such Act is amended by striking clause (iii). (E) Section 1411(f) of such Act is amended to read as follows: ``(f) Appeals and Redeterminations.--The Secretary, in consultation with the Secretary of the Treasury, the Secretary of Homeland Security, and the Commissioner of Social Security, shall establish procedures by which the Secretary or one of such other Federal officers-- ``(1) hears and makes decisions with respect to appeals of any determination under subsection (e); and ``(2) redetermines eligibility on a periodic basis in appropriate circumstances.''. (F) Section 1411 of such Act is amended by striking subsection (i). (G) Section 1412(a)(2) of such Act is amended to read as follows: ``(2) the Secretary notifies the Exchange and the Secretary of the Treasury of the advance determinations; and''. (H) Section 1513 of such Act is amended by striking subsection (c). (3) Effective date.--The amendments made by this subsection shall apply to months after December 31, 2013. (b) Repeal of Reporting of Employer Health Insurance Coverage.-- (1) In general.--Subpart D of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by striking section 6056. (2) Conforming amendments.-- (A) Section 6724(d)(1)(B) of the Internal Revenue Code of 1986 is amended by inserting ``or'' at the end of clause (xxiii), by striking ``, or'' at the end of clause (xxiv) and inserting a period, and by striking clause (xxv). (B) Section 6724(d)(2) of such Code is amended by inserting ``or'' at the end of subparagraph (FF), by striking ``, or'' at the end of subparagraph (GG) and inserting a period, and by striking subparagraph (HH). (3) Effective date.--The amendments made by this subsection shall apply to periods beginning after December 31, 2013. SEC. 102. INCREASING FLEXIBILITY FOR SMALL BUSINESSES. Section 1302(c)(2) of the Patient Protection and Affordable Care Act (Public Law 111-148) is repealed. SEC. 103. INCREASING CHOICES FOR AMERICANS. (a) Qualified Health Plan Coverage Satisfied by High Deductible Health Plan With Health Savings Account.--Section 1302(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18022(e)) is amended to read as follows: ``(e) High Deductible Health Plan With Health Savings Account.--A health plan not providing a bronze, silver, gold, or platinum level of coverage shall be treated as meeting the requirements of subsection (d) with respect to any plan year for any enrollee if the plan meets the requirements for a high deductible health plan under section 223(c)(2) of the Internal Revenue Code of 1986 and such enrollee has established a health savings account (as defined in section 223(d)(1) of such Code) in relation to such plan.''. (b) Conforming Amendments.-- (1) Subparagraph (C) of section 1312(d)(3) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)) is amended by striking ``, except'' and all that follows through ``1302(e)(2)''. (2) Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986, as added by section 1401(a) of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended by striking ``, except'' and all that follows through ``such Act''. (3) Subparagraph (B) of section 1334(c)(1) of the Patient Protection and Affordable Care Act (42 U.S.C. 18054(c)(1)) is amended by striking ``and catastrophic coverage''. SEC. 104. PROTECTING PATIENTS FROM HIGHER PREMIUMS. Section 9010 of the Patient Protection and Affordable Care Act (Public Law 111-148), as amended by section 10905 of such Act, is repealed. SEC. 105. ENSURING AFFORDABLE COVERAGE. Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300(a)(1)(A)(iii)), as added by section 1201 of the Patient Protection and Affordable Care Act (Public Law 111-148), is amended by striking ``, except'' and all that follows through ``2707(c))''. TITLE II--INCREASING CONSUMER CONTROL SEC. 201. REPEAL OF RESTRICTION ON OVER-THE-COUNTER MEDICINES. (a) HSAs.--Section 223(d)(2)(A) of the Internal Revenue Code of 1986 is amended by striking the last sentence thereof. (b) Archer MSAs.--Section 220(d)(2)(A) of the Internal Revenue Code of 1986 is amended by striking the last sentence thereof. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of the Internal Revenue Code of 1986 is amended by striking subsection (f). (d) Effective Date.-- (1) Distributions from savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after December 31, 2014. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after December 31, 2014. SEC. 202. REPEAL OF THE ANNUAL CAP. (a) In General.--Section 125 of the Internal Revenue Code of 1986 is amended by striking subsection (i) and by redesignating subsections (j) and (k) as subsections (i) and (j), respectively. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2014. TITLE III--ALLOWING INDIVIDUALS TO KEEP COVERAGE THEY LIKE SEC. 301. ALLOWING INDIVIDUALS TO KEEP THE COVERAGE THEY HAVE IF THEY LIKE IT. (a) In General.--Section 1251(a)(2) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011) is amended-- (1) by striking ``Except as provided in paragraph (3),'' and inserting the following: ``(A) In general.--Except as provided in paragraphs (3) and (4),''; and (2) by adding at the end the following: ``(B) Protecting employers and consumers with grandfathered coverage.-- ``(i) In general.--A group health plan or health insurance coverage in which an individual is enrolled on or after March 23, 2010, but before any plan year beginning not later than 1 year after the date of the enactment of this subparagraph, and which is deemed to be a grandfathered health plan under this section, shall continue to be considered a grandfathered health plan with respect to such individual regardless of any modification to the cost-sharing levels, employer contribution rates, or covered benefits under such plan or coverage as otherwise permitted under this Act (and the amendments made by this Act). ``(ii) Regulations.--The Secretary shall promulgate regulations to clarify the application of clause (i) to a plan or coverage that continues to be a grandfathered health plan pursuant to such clause.''. (b) Effective Date; Previously Promulgated Regulations Voided.-- (1) Effective date.--The amendments made by this section shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. (2) Previously promulgated regulations voided.--Any regulations relating to section 1251(a)(2) of such Act promulgated before the date of the enactment of this Act shall have no force or effect.

Small Business Health Relief Act of 2015 Repeals provisions of the Internal Revenue Code that: (1) impose fines on large employers (those with 50 or more full-time employees) who fail to offer their full-time employees the opportunity to enroll in minimum essential health insurance coverage, and (2) require large employers to file a report with the Department of the Treasury on health insurance coverage provided to their full-time employees. Repeals provisions of the Patient Protection and Affordable Care Act (PPACA) that: (1) limit the annual deductible on health plans offered in the small group market, (2) deem catastrophic plans to meet essential health benefits coverage requirements for certain individuals, and (3) impose an annual fee on health insurance entities. Deems high deductible health plans to meet essential health benefits coverage requirements if the enrollee has established a health savings account. Amends the Public Health Service Act to repeal the limitation on premium rate variance by age in the individual or small group market. Repeals the prohibitions on payments for over-the-counter medications from health savings accounts, medical savings accounts, and health flexible spending arrangements. Repeals the $2,500 annual limit on employee contributions by salary reduction to a health flexible spending arrangement under a cafeteria plan. Allows a health plan to maintain its status as a grandfathered health plan regardless of any modification to cost-sharing, employer contribution rates, or covered benefits. Makes this allowance effective as if included in PPACA.

Small Business Health Relief Act of 2015

SECTION 1. SHORT TITLE. This Act may be cited as the ``CT Colonography Screening for Colorectal Cancer Act of 2012''. SEC. 2. COVERAGE OF COMPUTED TOMOGRAPHY COLONOGRAPHY SCREENING AS A COLORECTAL CANCER SCREENING TEST UNDER MEDICARE. (a) In General.--Section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (E); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D) Screening computed tomography colonography.''. (b) Frequency Limits and Payment.--Section 1834(d) of such Act (42 U.S.C. 1395m(d)) is amended by adding at the end the following new paragraph: ``(4) Screening computed tomography colonography.-- ``(A) Fee schedule.--With respect to a colorectal cancer screening test consisting of screening computed tomography colonography, subject to subparagraph (B), payment under section 1848 shall be consistent with payment under such section for similar or related services. ``(B) Payment limit.--In the case of screening computed tomography colonography, payment under this part shall not exceed such amount as the Secretary specifies, based upon rates recognized for diagnostic computed tomography colonography. ``(C) Facility payment limit.--Notwithstanding any other provision of this title, in the case of an individual who receives screening computed tomography colonography-- ``(i) in computing the amount of any applicable coinsurance, the computation of such coinsurance shall be based upon the fee schedule under which payment is made for the services; and ``(ii) the amount of such coinsurance shall not exceed 25 percent of the payment amount under the fee schedule described in subparagraph (A). ``(D) Frequency limit.--No payment may be made under this part for a colorectal cancer screening test consisting of a screening computed tomography colonography-- ``(i) if the individual is under 50 years of age; or ``(ii)(I) in the case of individuals at high risk for colorectal cancer, if the procedure is performed within the 23 months after a previous screening computed tomography colonography or a previous screening colonoscopy; or ``(II) in the case of an individual who is not at high risk for colorectal cancer, if the procedure is performed within the 119 months after a previous screening colonoscopy or within the 59 months after a previous screening flexible sigmoidoscopy or a previous screening computed tomography colonography.''. (c) Conforming Frequency Limits for Other Colorectal Cancer Screening Tests.-- (1) Screening flexible sigmoidoscopy.--Paragraph (2)(E)(ii) of section 1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) is amended by inserting ``or screening computed tomography colonography'' after ``previous screening flexible sigmoidoscopy''. (2) Screening colonoscopy.--Paragraph (3)(E) of such section is amended-- (A) by inserting ``or screening computed tomography colonography'' after ``23 months after a previous screening colonoscopy''; and (B) by inserting ``or screening computed tomography colonography'' after ``screening flexible sigmoidoscopy''. (d) Effective Date.--The amendments made by this section shall apply to items and services furnished on or after January 1, 2013. SEC. 3. EXEMPTION OF SCREENING COMPUTED TOMOGRAPHY COLONOGRAPHY FROM SPECIAL RULE ON PAYMENT FOR IMAGING SERVICES. (a) In General.--Section 1848(b)(4)(B) of the Social Security Act (42 U.S.C. 1395w-4(b)(4)(B)) is amended by inserting ``and screening computed tomography colonography'' after ``diagnostic and screening mammography''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished on or after January 1, 2013. SEC. 4. REPORTS ON THE STATUS OF COVERING COMPUTED TOMOGRAPHY COLONOGRAPHY AS A COLORECTAL CANCER SCREENING TEST UNDER MEDICARE. (a) Preliminary Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit a preliminary report to Congress on the status of coverage of computed tomography colonography as a colorectal cancer screening test under the Medicare program under title XVIII of the Social Security Act, including the extent to which such coverage as required by the amendments made by sections 2 and 3 has been implemented. (b) Annual Report.--Not later than September 30 of each fiscal year during the 5-year period beginning with fiscal year 2014, the Secretary shall submit to the Congress, a status report on the following: (1) The impact of screening computed tomography colonography on the change in colorectal cancer screening compliance of Medicare beneficiaries. (2) The various utilization rates with respect to Medicare beneficiaries for each available colorectal cancer screening option before and after the availability of and coverage of screening computed tomography colonography under the Medicare program pursuant to the enactment of this Act, including-- (A) by initial CRC screening performed with respect to a Medicare beneficiary per year, including the age of the beneficiary when the initial screening was performed; and (B) by follow-on screening performed, whereby the analysis demonstrates to what extent screening computed tomography colonography was used as a substitute for a previous screening procedure. (3) Access to screening computed tomography colonography by Medicare beneficiaries, especially in rural areas or underserved populations, before and after the date of implementation of coverage of such screening benefit under the Medicare program pursuant to the enactment of this Act. (4) Recommendations for such legislation and administrative action as the Secretary determines appropriate to implement this Act.

CT Colonography Screening for Colorectal Cancer Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide Medicare coverage for screening computed tomography colonography (CTC) as a colorectal cancer (CRC) screening test, and (2) exclude screening CTC from the meaning of "imaging services" for which there is a special rule regarding outpatient services department (OPD) fee schedule payments. Directs the Secretary of Health and Human Services (HHS) to submit a preliminary report to Congress on the status of coverage of CTC as a CRC screening test under Medicare, including the extent to which such coverage as required by this Act has been implemented.

To amend title XVIII of the Social Security Act to cover screening computed tomography colonography as a colorectal cancer screening test under the Medicare program.

TITLE I--SHORT TITLE Sec. 101. This Act may be cited as the ``Protection and Reduction of Government Secrecy Act''. TITLE II--COMMISSION ON PROTECTING AND REDUCING GOVERNMENT SECRECY purpose Sec. 201. It is the purpose of this title to establish a study commission which will examine the implications of the systematic overclassification of information and to make recommendations to reduce the volume of information classified and to strengthen the protection of legitimately classified information. findings Sec. 202. (a) Following World War II the United States and the Soviet Union engaged in a global conflict known as the Cold War; (b) During the Cold War a secrecy system developed to enormous proportions, thereby limiting the public's access to vital information and reducing the ability of the public to participate with full knowledge in the process of governmental decision-making; (c) In 1990 6,797,720 documents were classified and approximately three million persons held some form of security clearance; (d) The burden of managing nearly 7 million newly classified documents every year has led to reduced communication within the government and within the scientific community, reduced communication between the government and the people of the United States, tremendous administrative expense and the selective and unauthorized public disclosure of classified information; (e) The requirement that approximately three million persons obtain security clearances represents a substantial loss of individual privacy which is inconsistent with American traditions; (f) If a smaller amount of truly sensitive information was classified expense, lost privacy and inhibitions on public discussion would be reduced and the remaining classified information could be held more securely; (g) In 1970 a Task Force organized by the Defense Science Board and headed by Dr. Frederick Seitz concluded that ``more might be gained than lost if our Nation were to adopt--unilaterally, if necessary--a policy of complete openness in all areas of information;'' and, (h) A bipartisan study commission specially constituted for the purpose of examining the consequences of the secrecy system will be able to offer comprehensive proposals for reform. function of the commission Sec. 203. (a) The function of the Commission shall be-- (1) to conduct an investigation into all matters in any way related to any legislation, executive order, regulation, practice or procedure relating to the access to or the classification of information or involving security clearances, including without limitation access to classified information under the Freedom of Information Act; (2) to make such recommendations concerning the classification of national security information as the Commission shall see fit, including proposing new legislation. composition of the commission Sec. 204. (a) To carry out the purposes of this title, there is established a Commission on the Protection and Reduction of Government Secrecy (hereafter referred to in this title as the ``Commission''). (b) The Commission shall be composed of the following twelve members: (1) four members appointed by the President, two from the executive branch of the Government and two from private life; (2) four members appointed by the President of the Senate, two from the Senate (one from each of the two major political parties) and two from private life; and (3) four members appointed by the Speaker of the House of Representatives, two from the House of Representatives (one from each of the two major political parties) and two from private life. (c) The Commission shall elect a Chairman and a Vice Chairman from among its members. (d) Seven members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (e) Compensation and Travel Expenses.-- (1) Compensation in general.--Except as provided in paragraph (2), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (2) Government personnel.--Members of the Commission who are full-time officers or employees of the United States or Members of Congress shall receive no additional pay on account of their service on the Commission. (3) Travel expenses.--While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. powers of the commission Sec. 205. (a) The Commission, or on the authorization of the Commission, any subcommittee or member hereof, may, for the purpose of carrying out the provisions of this title, hold such hearings and sit and act at such times and places, administer such oaths, and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memorandums, papers, and documents as the Commission or such subcommittee or member may deem advisable. Subpoenas may be issued under the signature of the Chairman of the Commission, of any such subcommittee, or any designated member, and may be served by any person designated by such Chairman or member. The provisions of sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192- 194) shall apply in the case of any failure of any witness to comply with any subpena or to testify when summoned under authority of this section. (b) The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality information, suggestions, estimates, and statistics for the purpose of this title. Each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed, to the extent authorized by law, to furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the Chairman or Vice Chairman. staff of the commission Sec. 206. (a) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable, 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. (b) The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at GS-18. expenses of the commission Sec. 207. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this title.

Title I: Short Title - Protection and Reduction of Government Secrecy Act - Sets forth the short title of this Act. Title II: Commission on Protecting and Reducing Government Secrecy - Establishes a commission to recommend ways to reduce the volume of information classified and to increase protection of classified information. Authorizes appropriations.

Protection and Reduction of Government Secrecy Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``No Windfalls for Bailed Out Executives Act''. SEC. 2. REQUIRED REPAYMENT OF CERTAIN NONQUALIFIED DEFERRED COMPENSATION IN CASE OF EXTRAORDINARY GOVERNMENTAL ASSISTANCE. (a) In General.--Subsection (a) of section 409A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Required repayment in case of extraordinary governmental assistance.-- ``(A) In general.--The requirements of this paragraph are met if the plan provides that, if any employer maintaining the plan receives extraordinary governmental assistance-- ``(i) any compensation deferred under the plan which is attributable to services performed by a designated individual with respect to such employer during the 36-month period ending on the date of the receipt of such assistance shall be forfeited, if not yet distributed by such date, or repaid to the employer, if already distributed by such date, and ``(ii) no further compensation will be deferred under the plan with respect to such designated individuals before the date on which the extraordinary governmental assistance is fully repaid to the Federal Government. ``(B) Extraordinary governmental assistance.--For purposes of this paragraph, the term `extraordinary governmental assistance' means any grant, loan, loan guarantee, or other assistance (whether in cash or otherwise) made by the Federal Government to or on behalf of an employer which is intended to prevent the employer from becoming imminently insolvent (within the meaning of section 101(32) of title 11, United States Code) or to cure such insolvency of the employer. ``(C) Designated individual.--For purposes of this paragraph, the term `designated individual' means-- ``(i) any key employee (as defined in section 416(i)(1)), ``(ii) any member of the board of directors or other officer, and ``(iii) any other employee having an annual compensation from the employer of more than $1,000,000 in any year during or after the 36- month period ending on the date of the receipt of the extraordinary governmental assistance. ``(D) Additional tax payable with respect to compensation deferred or not repaid in violation of rules.-- ``(i) In general.--If compensation is required to be included in gross income under paragraph (1)(A) for a taxable year due to a failure to meet the requirements of this paragraph, then in the case of any compensation which is not repaid to the employer in violation of subparagraph (A)(i) and any compensation which is deferred under the plan in violation of subparagraph (A)(ii), paragraph (1)(B) shall not apply and the tax imposed by this chapter for the taxable year shall be increased by an amount equal to-- ``(I) 100 percent of the compensation that was not repaid in violation of subparagraph (A)(i), or 100 percent of the compensation that was deferred in violation of subparagraph (A)(ii) which is attributable to services performed during the taxable year, whichever is applicable, reduced by ``(II) the amount of tax imposed by this chapter with respect to such compensation for the taxable year other than under this subparagraph. In no event shall the effective rate of tax imposed by this chapter on any such compensation be greater than 100 percent. ``(ii) Coordination with employer withholding.--For purposes of applying section 3402(a) to-- ``(I) any compensation which is not repaid to the employer in violation of subparagraph (A)(i), and ``(II) any compensation which is deferred under the plan in violation of subparagraph (A)(ii), which is treated as wages for a taxable year by reason of this paragraph, in lieu of the rate of tax applicable under section 3402(a)(1), tax shall be withheld on such compensation at a rate of 100 percent.''. (b) Conforming Amendments.-- (1) Subclause (I) of section 409A(a)(1)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``and (4)'' and inserting ``(4), and (5)''. (2) Clause (i) of section 409A(a)(1)(B) of such Code is amended by striking ``If'' and inserting ``Except as provided in paragraph (5)(D), if''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to amounts deferred under nonqualified deferred compensation plans (as defined in section 409A(d)(1) of the Internal Revenue Code of 1986) in taxable years beginning after the date of the enactment of this Act. (2) Special rule.--The amendments made by this section shall apply to earnings on deferred compensation only to the extent that such amendments apply to such compensation.

No Windfalls for Bailed Out Executives Act This bill amends the Internal Revenue Code to deny deferred compensation to, or to require repayment of deferred compensation received by, key employees, members of the board of directors or other officers of a corporation, or any other employee having annual compensation of more than $1 million during any 36-month period in which their employer receives extraordinary assistance from the federal government. The bill defines "extraordinary governmental assistance" as grants, loans, loan guarantees, or other assistance to an employer that is intended to prevent such employer from becoming imminently insolvent or to cure such insolvency.

No Windfalls for Bailed Out Executives Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Critical Care Assessment and Improvement Act of 2014''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds the following: (1) Critical care medicine is the care for patients whose illnesses or injuries present a significant danger to life, limb, or organ function and require comprehensive care and constant monitoring, usually in intensive care units (ICUs). (2) Each year, approximately 5,000,000 people in the United States are admitted into adult medical, surgical, pediatric, or neonatal ICUs. (3) Critical care medicine encompasses a wide array of diseases and health issues. The care provided in the ICU is highly specialized and complex due to the extreme severity of illness of its patient population, often involving multiple disease processes in different organ systems at the same time. (4) Critical care medicine consumes a significant amount of financial resources, accounting for more than 17 percent of all hospital costs. (5) According to a 2006 report by the Health Resources and Services Administration (referred to in this section as ``HRSA''), demand in the United States for critical care medical services is on the rise, due in part to the growing elderly population, as individuals over the age of 65 consume a large percentage of critical care services. (6) The HRSA report also found that the growing aging population will further exacerbate an existing shortage of intensivists, the physicians certified in critical care who primarily deliver care in intensive care units, potentially compromising the quality and availability of care. Today, intensivist-led teams treat only one-third of critically ill patients despite substantial evidence that these teams lead to improved outcomes. (7) Ensuring the strength of our critical care medical delivery infrastructure is integral to the improvement of the quality and delivery of health care in the United States. (b) Purpose.--The purpose of this Act is to assess the current state of the United States critical care medical delivery system and implement policies to improve the quality and effectiveness of care delivered to the critically ill and injured. SEC. 3. STUDIES ON CRITICAL CARE. (a) Institute of Medicine Study.-- (1) In general.--The Secretary of Health and Human Services (in this Act referred to as the ``Secretary'') shall enter into an agreement with the Institute of Medicine under which, not later than 1 year after the date of the enactment of this Act, the Institute will-- (A) conduct an analysis of the current state of critical care health services in the United States; (B) develop recommendations to bolster critical care capabilities to meet future demand; and (C) submit to Congress a report including the analysis and recommendations under subparagraphs (A) and (B). (2) Issues to be studied.--The agreement under paragraph (1) shall, at a minimum, provide for the following: (A) Analysis of the current critical care system in the United States, including-- (i) the system's capacity and resources, including the size of the critical care workforce and the availability of health information technology and medical equipment; (ii) the system's strengths, limitations, and future challenges; and (iii) the system's ability to provide adequate care for the critically ill or injured in response to a national health emergency, including a pandemic or natural disaster. (B) Analysis and recommendations regarding regionalizing critical care systems. (C) Analysis regarding the status of critical care research in the United States and recommendations for future research priorities. (b) Health Resources and Services Administration Study.-- (1) In general.--The Secretary shall review and update the Health Resources and Services Administration's 2006 study entitled ``The Critical Care Workforce: A Study of the Supply and Demand for Critical Care Physicians''. (2) Scope.--In carrying out paragraph (1), the Secretary shall expand the scope of the study to address the supply and demand of other providers within the spectrum of critical care delivery, such as critical care nurses, mid-level providers (such as physician assistants and nurse practitioners), intensive care unit pharmacists, and intensive care unit respiratory care practitioners. SEC. 4. NIH CRITICAL CARE COORDINATING WORKING GROUP. (a) Establishment.--The Secretary shall establish a working group within the National Institutes of Health to be known as the Critical Care Coordinating Working Group (in this section referred to as the ``Working Group''). (b) Membership.--The Secretary shall ensure that the membership of the Working Group includes representatives throughout the National Institutes of Health and any other component of the Department of Health and Human Services, as the Secretary determines appropriate to increase agency coordination on critical care, and based on existing resources, such as-- (1) the National Heart, Lung, and Blood Institute; (2) the National Institute of Nursing Research; (3) the Eunice Kennedy Shriver National Institute of Child Health and Human Development; (4) the National Institute of General Medical Sciences; (5) the National Institute on Aging; and (6) the National Institute of Minority Health. (c) Duties.--The Working Group shall-- (1) serve as the focal point and catalyst across the National Institutes of Health and any other component of the Department of Health and Human Services, as the Secretary determines appropriate for advancing research and research training in the critical care setting; (2) coordinate funding opportunities that involve multiple components of the Department of Health and Human Services; (3) catalyze the development of new funding opportunities; (4) inform investigators about funding opportunities in their areas of interest; (5) represent the National Institutes of Health in government-wide efforts to improve the Nation's critical care system; (6) coordinate the collection and analysis of information on current research of the National Institutes of Health relating to the care of the critically ill and injured and identify gaps in such research; (7) provide an annual report to the Director of the National Institutes of Health regarding research efforts of the Institutes relating to the care of the critically ill and injured; and (8) make recommendations in each such report on how to strengthen partnerships within the National Institutes of Health and between the Department of Health and Human Services and public and private entities to expand collaborative, cross- cutting research. SEC. 5. CENTERS FOR MEDICARE AND MEDICAID INNOVATION CRITICAL CARE DEMONSTRATION PROJECT. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary shall carry out a demonstration project under Section 1115A of the Social Security Act (42 U.S.C. 1315a), designed to improve the quality and efficiency of care provided to critically ill and injured patients receiving critical care in intensive care units or other areas of acute care hospitals. (b) Activities Under Demonstration Project.--The activities conducted under the demonstration project under subsection (a) may, in addition to any other activity specified by the Center for Medicare and Medicaid Innovation, include activities that seek to-- (1) improve the coordination and transitions of care to and from an intensive care unit and the next point of care; (2) incorporate value-based purchasing methodologies or novel informatics, monitoring, or other methodologies to eliminate error, improve outcomes, and reduce waste from the delivery of critical care; (3) improve prediction models that help health care providers and hospitals identify patients at high risk for requiring critical care services and streamline care delivery to prevent unexpected hospital readmissions for critical illnesses; and (4) utilize bundled payment approaches and incentive care redesign, such as efforts to facilitate and support comprehensive team delivered care.

Critical Care Assessment and Improvement Act of 2014 - Requires studies on critical care health services by the Institute of Medicine and the Health Resources and Services Administration of the Department of Health and Human Services (HHS).  Directs HHS to establish the Critical Care Coordinating Working Group within the National Institutes of Health (NIH) to: (1) advance research and research training in the critical care setting across NIH and HHS; (2) coordinate funding opportunities that involve multiple components of HHS; (3) catalyze the development of new funding opportunities; (4) inform investigators about funding opportunities; (5) represent NIH in government-wide efforts to improve the critical care system; (6) coordinate the collection and analysis of information on NIH research relating to critical care and identify gaps in this research; (7) report annually to the Director of NIH on NIH research efforts relating to critical care; and (8) make recommendations on how to strengthen partnerships within NIH and HHS and public and private entities to expand collaborative, cross-cutting research. Requires HHS to carry out a demonstration project to improve the quality and efficiency of critical care in acute care hospitals.

Critical Care Assessment and Improvement Act of 2014

SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Minimum Payment Notification Act of 2008''. SEC. 2. ENHANCED DISCLOSURE UNDER AN OPEN END CREDIT PLAN. Section 127(b) of the Truth in Lending Act (15 U.S.C. 1637(b)) is amended by adding at the end the following: ``(13) Enhanced disclosure under an open end credit plan.-- ``(A) In general.--A credit card issuer shall, with each billing statement provided to a cardholder in a State, provide the following on the front of the first page of the billing statement, in type no smaller than that required for any other required disclosure, but in no case in less than 8-point capitalized type: ``(i) A written statement in the following form: `Minimum Payment Warning: Making only the minimum payment will increase the interest you pay and the time it takes to repay your balance.'. ``(ii) Either of the following: ``(I) A written statement in the form of and containing the information described in item (aa) or (bb), as applicable, as follows: ``(aa) A written 3-line statement, as follows: `A one thousand dollar ($1,000) balance will take 17 years and 3 months to pay off at a total cost of two thousand five hundred ninety dollars and thirty-five cents ($2,590.35). A two thousand five hundred dollar ($2,500) balance will take 30 years and 3 months to pay off at a total cost of seven thousand seven hundred thirty-three dollars and forty- nine cents ($7,733.49). A five thousand dollar ($5,000) balance will take 40 years and 2 months to pay off at a total cost of sixteen thousand three hundred five dollars and thirty-four cents ($16,305.34). This information is based on an annual percentage rate of 17 percent and a minimum payment of 2 percent or ten dollars ($10), whichever is greater.'. In the alternative, a credit card issuer may provide this information for the 3 specified amounts at the annual percentage rate and required minimum payment that are applicable to the cardholder's account. The statement provided shall be immediately preceded by the statement required by clause (i). ``(bb) Instead of the information required by item (aa), retail credit card issuers shall provide a written 3-line statement to read, as follows: `A two hundred fifty dollar ($250) balance will take 2 years and 8 months to pay off at a total cost of three hundred twenty-five dollars and twenty-four cents ($325.24). A five hundred dollar ($500) balance will take 4 years and 5 months to pay off at a total cost of seven hundred nine dollars and ninety cents ($709.90). A seven hundred fifty dollar ($750) balance will take 5 years and 5 months to pay off at a total cost of one thousand ninety-four dollars and forty-nine cents ($1,094.49). This information is based on an annual percentage rate of 21 percent and a minimum payment of 5 percent or ten dollars ($10), whichever is greater.'. In the alternative, a retail credit card issuer may provide this information for the 3 specified amounts at the annual percentage rate and required minimum payment that are applicable to the cardholder's account. The statement provided shall be immediately preceded by the statement required by clause (i). A retail credit card issuer is not required to provide this statement if the cardholder has a balance of less than five hundred dollars ($500). ``(II) A written statement providing individualized information indicating an estimate of the number of years and months and the approximate total cost to pay off the entire balance due on an open-end credit card account if the cardholder were to pay only the minimum amount due on the open-ended account based upon the terms of the credit agreement. For purposes of this subclause only, if the account is subject to a variable rate, the creditor may make disclosures based on the rate for the entire balance as of the date of the disclosure and indicate that the rate may vary. In addition, the cardholder shall be provided with referrals or, in the alternative, with the `800' telephone number of the National Foundation for Credit Counseling through which the cardholder can be referred, to credit counseling services in, or closest to, the cardholder's county of residence. The credit counseling service shall be in good standing with the National Foundation for Credit Counseling or accredited by the Council on Accreditation for Children and Family Services. The creditor is required to provide, or continue to provide, the information required by this clause only if the cardholder has not paid more than the minimum payment for 6 consecutive months, beginning after July 1, 2002. ``(iii)(I) A written statement in the following form: `For an estimate of the time it would take to repay your balance, making only minimum payments, and the total amount of those payments, call this toll-free telephone number: (Insert toll-free telephone number).'. This statement shall be provided immediately following the statement required by clause (ii)(I). A credit card issuer is not required to provide this statement if the disclosure required by clause (ii)(II) has been provided. ``(II) The toll-free telephone number shall be available between the hours of 8 a.m. and 9 p.m., 7 days a week, and shall provide consumers with the opportunity to speak with a person, rather than a recording, from whom the information described in subclause (I) may be obtained. ``(III) The Federal Trade Commission shall establish not later than 1 month after the date of enactment of this paragraph a detailed table illustrating the approximate number of months that it would take and the approximate total cost to repay an outstanding balance if the consumer pays only the required minimum monthly payments and if no other additional charges or fees are incurred on the account, such as additional extension of credit, voluntary credit insurance, late fees, or dishonored check fees by assuming all of the following: ``(aa) A significant number of different annual percentage rates. ``(bb) A significant number of different account balances, with the difference between sequential examples of balances being no greater than $100. ``(cc) A significant number of different minimum payment amounts. ``(dd) That only minimum monthly payments are made and no additional charges or fees are incurred on the account, such as additional extensions of credit, voluntary credit insurance, late fees, or dishonored check fees. ``(IV) A creditor that receives a request for information described in subclause (I) from a cardholder through the toll-free telephone number disclosed under subclause (I), or who is required to provide the information required by clause (ii)(II), may satisfy the creditor's obligation to disclose an estimate of the time it would take and the approximate total cost to repay the cardholder's balance by disclosing only the information set forth in the table described in subclause (III). Including the full chart along with a billing statement does not satisfy the obligation under this paragraph. ``(B) Definitions.--In this paragraph: ``(i) Open-end credit card account.--The term `open-end credit card account' means an account in which consumer credit is granted by a creditor under a plan in which the creditor reasonably contemplates repeated transactions, the creditor may impose a finance charge from time to time on an unpaid balance, and the amount of credit that may be extended to the consumer during the term of the plan is generally made available to the extent that any outstanding balance is repaid and up to any limit set by the creditor. ``(ii) Retail credit card.--The term `retail credit card' means a credit card that is issued by or on behalf of a retailer, or a private label credit card, that is limited to customers of a specific retailer. ``(C) Exemptions.-- ``(i) Minimum payment of not less than ten percent.--This paragraph shall not apply in any billing cycle in which the account agreement requires a minimum payment of not less than 10 percent of the outstanding balance. ``(ii) No finance charges.--This paragraph shall not apply in any billing cycle in which finance charges are not imposed.''.

Credit Card Minimum Payment Notification Act of 2008 - Amends the Truth in Lending Act regarding disclosures required with each billing cycle under an open end consumer credit plan to require a credit card issuer to include in specified type a written statement in the following form: "Minimum Payment Warning: Making only the minimum payment will increase the interest you pay and the time it takes to repay your balance." Prescribes additional three-line statements disclosing the length of time it will take to pay off balances and the final cost to the consumer of interest rates charged. Requires disclosure of a toll-free telephone number to obtain an estimate in person rather than a recording of the time to repay the balance making only minimum payments and the total amount of those payments. Directs the Federal Trade Commission (FTC) to establish a detailed table illustrating the approximate number of months that it would take and the approximate total cost to repay an outstanding balance if the consumer pays only the required minimum monthly payments and if no other additional charges or fees are incurred on the account. Exempts from such disclosure requirements any billing cycle in which: (1) the account agreement requires a minimum payment of not less than 10% of the outstanding balance; and (2) finance charges are not imposed.

A bill to amend the Truth in Lending Act to provide for enhanced disclosure under an open end credit plan.

SECTION 1. PAYMENTS FOR FUTURE LOSSES IN A HEALTH CARE LIABILITY ACTION. (a) In General.--In any health care liability action, brought under Federal law or in a Federal court, in which the damages awarded to a claimant for future economic and noneconomic loss combined exceed $50,000, the claimant shall not be required to receive such damages in a single, lump-sum payment. (b) Periodic Payments.--A claimant who is awarded damages described in subsection (a) shall be entitled to request the court to order that such damages be paid in whole or in part on a periodic basis. A court awarding such periodic payments shall attempt to ensure that the amount of such payments, along with any lump-sum payment, constitute a full recovery of the claimant's future loss and that the payment schedule is in the best interests of the claimant. SEC. 2. NONAPPLICABILITY. Section 1 shall not apply with respect to any health care liability action-- (1) for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act (42 U.S.C. 300aa-10 et seq.) applies to the action; or (2) under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.). SEC. 3. FINALITY OF JUDGMENT. Except where specifically authorized by statute, the judgment of a court awarding periodic payments described in section 1(b) may not, in the absence of fraud, be reopened at any time to contest, amend, or modify the schedule or amount of the payments. SEC. 4. ASSURANCE OF FUTURE PERIODIC PAYMENTS. A court awarding periodic payments described in section 1(b) shall, upon request of the claimant to receive the award, require the person ordered to make the payments to make assurances that satisfy the court that the payments will be made by-- (1) making a qualified assignment (as described in section 130 of the Internal Revenue Code of 1986) of the periodic payment liability; (2) purchasing an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State; (3) purchasing obligations of the United States; or (4) providing other assurances. SEC. 5. LUMP-SUM SETTLEMENTS. This Act shall not be construed to preclude a settlement that provides for a single, lump-sum payment. SEC. 6. DEFINITIONS. In this Act-- (1) the term ``claimant'' means any person who brings a health care liability action and any person on whose behalf such an action is brought; (2) the term ``health benefit plan'' means-- (A) a hospital or medical expense incurred policy or certificate; (B) a hospital or medical service plan contract; (C) a health maintenance subscriber contract; or (D) a Medicare+Choice plan (offered under part C of title XVIII of the Social Security Act), that provides benefits with respect to health care services; (3) the term ``health care liability action'' means a civil action against-- (A) a health care provider; (B) an entity which is obligated to provide or pay for health benefits under any health benefit plan (including any person or entity acting under a contract or arrangement to provide or administer any health benefit); or (C) the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, in which the claimant alleges a claim (including third party claims, cross claims, counter claims, or contribution claims) based upon the provision of (or the failure to provide or pay for) health care services or the use of a medical product; (4) the term ``health care provider'' means any person engaged in the delivery of health care services in a State that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State; (5) the term ``health care services'' means services eligible for payment under a health benefit plan, including services related to the delivery or administration of such services; and (6) the term ``medical product'' means, with respect to the allegation of a claimant, a drug (as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)) if-- (A) such drug or device-- (i) was subject to premarket approval under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355 or 360e) or licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) with respect to the safety of the formulation or performance of the aspect of such drug or device which is the subject of the claimant's allegation or the adequacy of the packaging or labeling of such drug or device; and (ii) was approved by the Food and Drug Administration at the time that the claimant's claim of action arose; or (B) the drug or device is generally recognized as safe and effective under regulations issued by the Secretary of Health and Human Services under section 201(p) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(p)), except that such term shall not include any product that the claimant can show gained approval for marketing from the Food and Drug Administration as a result of withheld information, misrepresentation, or an illegal payment by the manufacturer of the product.

Provides that in a health care liability action brought under Federal law or in Federal court in which damages awarded to a claimant for future economic and noneconomic loss combined exceed $50,000, the claimant shall not be required to receive such damages in a single, lump-sum payment. Entitles such claimant to request the court to order payment in whole or in part on a periodic basis. Requires a court awarding periodic payments to attempt to ensure that the amount of such payments, along with any lump-sum payment, constitute a full recovery of the claimant's future loss and that the payment schedule is in the best interests of the claimant. (Sec. 2) Makes such provisions inapplicable to any such action: (1) for damages arising from a vaccine-related injury or death to the extent that provisions of the Public Health Service Act (regarding the National Vaccine Injury Compensation Program) apply; or (2) under the Employee Retirement Income Security Act of 1974. (Sec. 3) Provides that, except where specifically authorized by statute, the judgment of a court awarding periodic payments may not, in the absence of fraud, be reopened at any time to contest, amend, or modify the schedule or amount of the payments. (Sec. 4) Directs that a court awarding such periodic payments, upon request of the claimant to receive the award, require the person ordered to make the payments to make assurances that satisfy the court that the payments will be made by: (1) making a qualified assignment of the periodic payment liability; (2) purchasing an annuity contract issued by a company licensed to do business as an insurance company under the laws of any State; (3) purchasing obligations of the United States; or (4) providing other assurances. (Sec. 5) Specifies that this Act shall not be construed to preclude a settlement that provides for a single, lump-sum payment.

To establish rules for the payment of damage awards for future losses in certain health care liability actions.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Export Enhancement Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) United States exports are concentrated very heavily among a very few large companies. Only 2 percent of United States businesses account for 85 percent of United States exports. (2) Small businesses remain a large untapped resource of potential export growth for the United States economy. However, small businesses with competitive products frequently face high transactions costs and inadequate information about foreign markets which limit their ability to export. (3) There is a significant need for export assistance services targeted to smaller exporters. Over 95 percent of United States exporters have annual export sales of less than $5,000,000, and 72 percent of United States export shipments are worth less than $20,000. (4) There are over 150 Federal export promotion programs fragmented among 19 different Federal agencies. Federal export promotion activities are characterized by duplication of effort, overlap, inefficient dissemination of services and information, turf battles, and confusion among both providers and users of assistance. The Trade Promotion Coordinating Committee concluded that ``for many small and medium-sized firms, getting through the bureaucracy may be as great a hurdle as foreign market barriers''. (5) The National Performance Review concluded that the Federal Government must reallocate its resources to sectors that have clearly shown growth potential while it works to make its services more accessible to clients. (6) State-based and private sector organizations frequently have better, more timely information about which companies are ready to export, and exactly what type of help they need, than do Federal providers of export assistance. (7) State-based providers of export assistance, including State departments of trade, local industry associations, international freight forwarding companies, local and regional banks, chambers of commerce, and world trade centers, have good local networks to deliver services but their resources are limited in comparison to the Federal Government. (8) Effective outreach by export assistance providers is key to providing useful service to small businesses. (9) For all companies seeking to export, trade finance is a necessity, and the Federal Government must find ways to help the private sector to deliver trade finance in a useful and profitable way. (10) Partnerships between the Federal Government and State- based providers of export assistance can more effectively focus export assistance on small businesses. By combining the funds and international resources of the Federal Government with the local networks of State-based providers of export assistance, such partnerships can provide a sharper focus on long-term export market development than do traditional trade promotion activities. SEC. 3. EXPANDING FEDERAL FINANCIAL SUPPORT FOR STATE-BASED EXPORT ENHANCEMENT ACTIVITIES. (a) The Market Development Cooperator Program.--There is authorized to be appropriated $40,000,000 to provide grants to qualified entities for activities described in section 2303 of the Export Enhancement Act of 1988. (b) The Foreign Buyer Program.--There is authorized to be appropriated $2,000,000 to provide financial support, on a shared basis, to small businesses to increase the number of small businesses participating in activities described in section 2304 of the Export Enhancement Act of 1988. (c) Trade Missions.-- (1) The International Trade Administration (ITA) shall establish a grant program to provide financial support, on a shared basis, for foreign trade missions run by State governments and designed primarily for participation by small and medium-sized businesses. (2) ITA shall make available for this program no less money than is available for foreign trade missions run by the Federal Government. (3) In the selection of trade missions to which the ITA will provide financial support, ITA shall consider the extent to which a proposed trade mission will advance the State's economic development and export promotion strategies. SEC. 4. DISCRETIONARY FUNDS WITHIN THE INTERNATIONAL TRADE ADMINISTRATION. In order to better fulfill its mandate to promote exports of goods and services of the United States, particularly by small- and medium- sized businesses, the International Trade Administration shall make it a priority to expand financial support for State-based export enhancement activities, using discretionary funds within its budget. Such financial support may include matching grants for new or experimental State-based export enhancement programs that are not specifically authorized by Congress but that have the potential to facilitate exporting by small businesses. SEC. 5. IMPROVING INFORMATION AND TECHNICAL ASSISTANCE AVAILABLE TO HELP SMALL BUSINESSES COMPLY WITH EXPORT CONTROL REQUIREMENTS. Not later than one year after the date of enactment of this Act, Federal agencies involved in administering controls and regulations concerning the export of goods and services from the United States shall, in consultation with small businesses, State departments of trade, State-based industry trade associations, international freight forwarding companies, and other State-based providers of export assistance to small businesses, establish and implement a plan to-- (1) consolidate information regarding rules and restrictions on exports and make it available in a format that is easily accessible by small businesses that seek to export; and (2) create an outreach program to inform small businesses seeking to export of relevant rules and restrictions on exports and to provide technical assistance for complying with those rules and restrictions. SEC. 6. IMPROVING EFFICIENCY TO REALIZE SAVINGS TO PAY FOR IMPROVED SMALL BUSINESS EXPORT ASSISTANCE. Not later than 180 days after the date of enactment of this Act, the International Trade Administration, in consultation with other Federal agencies that provide export assistance services (including trade finance and insurance), shall submit to Congress a plan to consolidate or eliminate programs that provide substantially similar export assistance services or provide export assistance services to substantially similar recipients. The plan shall identify savings of not less than $100,000,000 per year, to be achieved primarily through improved efficiency, streamlining, and targeting of resources to sectors with high export potential.

Small Business Export Enhancement Act of 1994 - Authorizes appropriations to provide: (1) grants to qualified entities under the Market Development Cooperator Program to promote the export of goods and services of U.S. small businesses; and (2) assistance to U.S. small businesses to increase their participation in U.S. trade shows that bring together foreign governments seeking to buy their goods and services. Directs the International Trade Administration (ITA) to establish a grant program to provide financial support, on a shared basis, for State-run foreign trade missions designed primarily for participation by small and medium-sized businesses. (Sec. 4) Directs the ITA, in order to better promote the export of the goods and services of small- and medium-sized businesses in particular, to make it a priority to expand financial support for State-based enhancement activities by using discretionary funds. (Sec. 5) Requires Federal agencies that administer controls and regulations with respect to the export of U.S. goods and services to establish a plan to: (1) consolidate, and make easily accessible to small businesses that export, information regarding rules and restrictions on exports; and (2) create an outreach program to inform such businesses of such rules and restrictions and provide technical assistance for complying with them. (Sec. 6) Directs the ITA to submit to the Congress a plan to consolidate or eliminate programs that provide similar export assistance services or provide such assistance to similar recipients. Requires such plan to realize savings of not less than $100 million per year through improved efficiency, streamlining, and targeting of resources to sectors with high export potential.

Small Business Export Enhancement Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Superior National Forest Fund Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) The anticipated number of persons using the facilities of the Superior National Forest requires additional funding to provide minimum sanitary and safety related service at the Superior National Forest as well as management of the environment and riparian areas. (2) The quality of services provided at the Superior National Forest and the integrity of the environment could best be served by maintaining public, rather than private, management of the Superior National Forest. (3) The users of units of the National Forest System have demonstrated a willingness to pay a user fee for maintenance and operation if the locally collected funds are returned to the unit. (b) Purpose.--It is the purpose of this Act to use funds generated from fees charged in connection with the recreational use of the Superior National Forest-- (1) to assure adequate funding of maintenance and operation of the Superior National Forest; and (2) to provide additional funding to the counties in which the Superior National Forest is located, enabling the counties to increase investment in facilities and services related to public safety, sanitation, and the recreational environment. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Recreation site.--The term ``recreation site'' means a campground, picnic ground, swimming site, boat launch site, lake access site, or other man-made or natural recreational facility in the Superior National Forest. (2) Recreation use fee; fee.--The terms ``recreation use fee'' or ``fee'' mean a fee that is charged for the use of a recreation site in the Superior National Forest. (3) Recreation use pass.--The term ``recreation use pass'' means a document that entitles the holder access and use of recreation sites in the Superior National Forest for a specified period of time. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 4. TEMPORARY AUTHORITY TO COLLECT RECREATION USE FEES. (a) Recreation Use Fee Authorized.--Except as provided in subsection (b), the Secretary may establish and collect recreation use fees at designated recreation sites within the Superior National Forest. (b) Exceptions.--The Secretary may not impose or collect a recreation use fee for the use or provision in the Superior National Forest, either singly or in any combination, of drinking water, wayside exhibits, toilet facilities, general purpose roads, overlook sites, or general information. The Secretary may not impose or collect a fee from any officer or employee of the Federal Government or State or local government authorized by the Secretary to perform administrative duties at recreation sites in the Superior National Forest. (c) Establishment and Collection.--Establishment and collection of recreation use fees shall be made in accordance with subsections (d) and (e) of section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a). The Secretary may authorize the collection of fees by volunteers in accordance with subsection (k) of such section. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to use a recreation site within the Superior National Forest at a rate equal to 50 percent of the recreation use fee otherwise applicable to such recreation site. (e) Effect on Other Laws.--Recreation use fees established under this section for use of recreation sites in the Superior National Forest shall be in lieu of any recreation use fees for such recreation sites under section 4(b) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(b)) or section 1401 of the Omnibus Budget Reconciliation Act of 1993 (16 U.S.C. 460l-6c). SEC. 5. TEMPORARY AUTHORITY TO SELL RECREATION USE PASSES. (a) Recreation Use Pass Authorized.--The Secretary shall make available for purchase recreation use passes for the use on a daily or annual basis of recreation sites in the Superior National Forest otherwise subject to a recreation use fee. Use of an annual recreation use pass shall be subject to any single stay time limits imposed on the recreation site. (b) Availability.--The Secretary may have recreation use passes available for sale at any recreation site for which a recreation use fee is charged or at other convenient locations. (c) Use of Pass.--The recreation use pass shall apply to-- (1) the pass holder and any person accompanying the pass holder in a single, private, noncommercial vehicle; or (2) the pass holder and the spouse, children, and parents of the pass holder accompanying the pass holder where entry to a recreation site is by any means other than a private, noncommercial vehicle. (d) Golden Age Passport and Golden Access Passport.--Any person holding a valid Golden Age Passport or Golden Access Passport issued under paragraph (4) or (5) of section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(a)) shall be entitled upon presentation of such passport to purchase of a recreation use pass for the Superior National Forest at a rate equal to 50 percent of the purchase price otherwise applicable to the recreation use pass. (e) Rules and Regulations, Enforcement Powers.--Recreation use passes sold under this section shall be nontransferable. The unlawful use of a recreation use pass shall be punishable in accordance with regulations established under section 4(e) of the Land and Water Conservation Fund Act of 1964 (16 U.S.C. 460l-6a(e)). SEC. 6. TERMINATION OF AUTHORITY. (a) Termination.--The authority of the Secretary to establish or collect fees under section 4 or sell recreation use passes under section 5 shall expire at the end of the seven-year period beginning on the date of the enactment of this Act. Termination of such authority shall not affect the validity of any annual recreation use pass sold under section 5 before that date. (b) Report.--Not later than six years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report evaluating the authority provided by sections 4 and 5 regarding recreation use fees and recreation use passes. The report shall include any recommendations of the Secretary for modifying the authority, for extending the authority beyond the date specified in subsection (a), or for extending the authority to other units of the National Forest System. SEC. 7. DISPOSITION OF RECREATION USE FEES AND FUNDS FROM SALES OF RECREATION USE PASSES. (a) Deposit of Funds.--Notwithstanding paragraphs (1), (2), or (3) of section 4(i) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a(i)), recreation use fees collected under section 4 and amounts received from sales of recreation use passes under section 5 shall be deposited in a special account in the Treasury. (b) Use of Funds.-- (1) Operation, maintenance, and other uses.--In such amounts as are provided in advance in appropriation Acts, the Secretary may use amounts in the special account to provide supplemental funds for operation, maintenance, and management of recreation sites within the Superior National Forest, for interpretation and management of resources in the Superior National Forest, and for administrative costs associated with such activities. (2) Payments to states and counties.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall be considered as money received for purpose of computing and distributing payments to States and counties pursuant to section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (c) Roads and Trails.--Recreation use fees collected under section 4 and amounts received for recreation use passes sold under section 5 shall not be considered as money received for purpose of the fourteenth paragraph under the heading ``forest service'' of the Act of March 4, 1913 (16 U.S.C. 501).

Superior National Forest Fund Act - Authorizes the Secretary of Agriculture to collect recreation use fees and sell recreation use passes on a temporary basis within the Superior National Forest, Minnesota.

Superior National Forest Fund Act

SECTION 1. INTERNATIONAL DEVELOPMENT ASSOCIATION. The International Development Association Act (22 U.S.C. 284-284s) is amended by adding at the end the following: ``SEC. 22. TWELFTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor may agree on behalf of the United States to contribute $2,410,290,000 to the twelfth replenishment of the resources of the Association. ``(2) Subject to appropriations.--Any commitment made under paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For any contribution pursuant to a commitment made under subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $2,410,290,000, without fiscal year limitation.''. SEC. 2. AFRICAN DEVELOPMENT BANK. The African Development Bank Act (22 U.S.C. 290i-290i-10) is amended by adding at the end the following: ``SEC. 1344. ADDITIONAL SUBSCRIPTION OF STOCK. ``(a) Subscription Authority.-- ``(1) In general.--The United States Governor of the Bank may subscribe on behalf of the United States to 56,433 additional shares of the capital stock of the Bank. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the subscription authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $680,800,000, without fiscal year limitation.''. SEC. 3. AFRICAN DEVELOPMENT FUND. The African Development Fund Act (22 U.S.C. 290g-290g-15) is amended by adding at the end the following: ``SEC. 217. EIGHTH REPLENISHMENT. ``(a) Contribution Authority.-- ``(1) In general.--The United States Governor of the Fund may contribute on behalf of the United States $300,000,000 to the eighth replenishment of the resources of the Fund. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the contribution authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $300,000,000, without fiscal year limitation.''. SEC. 4. INTER-AMERICAN INVESTMENT CORPORATION ACT. The Inter-American Investment Corporation Act (22 U.S.C. 283aa- 283ii) is amended by adding at the end the following: ``SEC. 212. ADDITIONAL SUBSCRIPTIONS OF STOCK. ``(a) Subscription Authority.-- ``(1) In general.--The Secretary of the Treasury may subscribe on behalf of the United States to additional shares of the capital stock of the Corporation. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the subscription authorized by subsection (a), there are authorized to be appropriated the Secretary of the Treasury $125,190,000, without fiscal year limitation.''. SEC. 5. MULTILATERAL INVESTMENT GUARANTEE AGENCY. The Multilateral Investment Guarantee Agency Act (22 U.S.C. 290k- 290k-11) is amended by adding at the end the following: ``SEC. 415. ADDITIONAL SUBSCRIPTION OF STOCK. ``(a) Subscription Authority.-- ``(1) In general.--The Secretary of the Treasury may subscribe on behalf of the United States to 15,648 additional shares of the capital stock of the Agency. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the subscription authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $180,000,000, without fiscal year limitation.''. SEC. 6. HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. (a) Findings.--The Congress finds that-- (1) multilateral financial institutions lack sufficient resources to fund debt relief commitments that they have made to heavily indebted poor countries; (2) the International Bank for Reconstruction and Development has created and administers a trust fund, the HIPC Trust Fund, consisting of contributions from member countries, to help the multilateral financial institutions defray the cost of multilateral debt relief to eligible heavily indebted poor countries; (3) the HIPC Trust Fund is seriously in need of additional contributions; and (4) a United States contribution could help leverage contributions from other countries. (b) Contribution to the HIPC Trust Fund.--The Bretton Woods Agreements Act (22 U.S.C. 286-286mm) is amended by adding at the end the following: ``SEC. 61. CONTRIBUTION TO THE HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. ``(a) Contribution Authority.-- ``(1) In general.--The Secretary of the Treasury may pay $50,000,000 to the Heavily Indebted Poor Countries Trust Fund administered by the Bank. ``(2) Subject to appropriations.--The authority provided by paragraph (1) shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts. ``(b) Limitations on Authorization of Appropriations.--For the payment authorized by subsection (a), there are authorized to be appropriated to the Secretary of the Treasury $50,000,000, without fiscal year limitation.''. SEC. 7. ENHANCED STRUCTURAL ADJUSTMENT FACILITY/HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is further amended by adding at the end the following: ``SEC. 62. APPROVAL OF CONTRIBUTIONS TO THE ENHANCED STRUCTURAL ADJUSTMENT FACILITY/HEAVILY INDEBTED POOR COUNTRIES TRUST FUND. ``The Secretary of the Treasury may instruct the United States Executive Director of the Fund to vote-- ``(1) to approve the sale of up to 10,000,000 ounces of the gold of the Fund and the transfer of the earnings on the invested profits of such sale to the Trust for Special ESAF Operations for the Heavily Indebted Poor Countries and Interim ESAF Subsidy Operations (ESAF/HIPC Trust Fund); and ``(2) to support a decision that would make available to the ESAF/HIPC Trust Fund the resources in Special Contingency Account 2 (SCA-2) of the Fund derived from the extended burdensharing arrangements adopted pursuant to IMF Decision No. 9471 (90/98), as amended, including any funds attributable to the United States participation in such arrangements.''.

Amends the Bretton Woods Agreements Act to authorize the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund (IMF) to vote to: (1) approve the sale of up to 10 million ounces of IMF gold and transfer the earnings on the invested profits of such sale to the Trust for Special ESAF Operations for the HIPC and the Interim ESAF Subsidy Operations (ESAF-HIPC Trust Fund); and (2) support a decision that would make available to the ESAF-HIPC Trust Fund the resources in Special Contingency Account 2 (SCA-2) of the IMF derived from the extended burdensharing arrangements adopted pursuant to IMF Decision No. 9471 (90/98), as amended, including any funds attributable to the U.S. participation in such arrangements.

To authorize the United States participation in and appropriations for United States contributions to various international financial institutions, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Broadband Act of 2017''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``advanced telecommunications capability'' has the meaning given the term in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d)); (2) the term ``advanced telecommunications capability or services'' means-- (A) advanced telecommunications capability; or (B) services using advanced telecommunications capability; (3) the term ``Indian tribe'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); (4) the term ``public provider'' means-- (A) a State or political subdivision thereof; (B) any agency, authority, or instrumentality of a State or political subdivision thereof; (C) an Indian tribe; or (D) any entity that is owned by, controlled by, or otherwise affiliated with-- (i) a State or political subdivision thereof; (ii) an agency, authority, or instrumentality of a State or political subdivision thereof; or (iii) an Indian tribe; (5) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; and (6) the term ``telecommunications service'' has the meaning given the term in section 3 of the Communications Act of 1934 (47 U.S.C. 153). SEC. 3. LOCAL GOVERNMENT PROVISION OF TELECOMMUNICATIONS SERVICES AND ADVANCED TELECOMMUNICATIONS CAPABILITY AND SERVICES. No statute, regulation, or other legal requirement of a State, a political subdivision thereof, or an Indian tribe may prohibit, or have the effect of prohibiting or substantially inhibiting, any public provider from providing telecommunications services or advanced telecommunications capability or services to any person or any public or private entity. SEC. 4. SAFEGUARDS. (a) Administration.--To the extent any public provider regulates competing providers of telecommunications services or advanced telecommunications capability or services, the public provider shall apply its ordinances, rules, and policies, including those relating to the use of public rights-of-way, permitting, performance bonding, and reporting, without discrimination in favor of-- (1) the public provider; or (2) any other provider of telecommunications services or advanced telecommunications capability or services that the public provider owns or with which the public provider is affiliated. (b) Application of General Laws.--Nothing in this Act shall be construed to exempt a public provider that offers telecommunications services or advanced telecommunications capability or services to the public from any Federal communications law or regulation that applies to all providers of telecommunications services or advanced telecommunications capability or services to the public. SEC. 5. PUBLIC-PRIVATE PARTNERSHIPS ENCOURAGED. It is the sense of Congress that a public provider that intends to provide telecommunications services or advanced telecommunications capability or services to the public should consider the potential benefits of a public-private partnership before providing the capability or services. SEC. 6. PUBLIC INPUT AND PRIVATE SECTOR OPPORTUNITY TO BID. (a) Notice and Opportunity To Be Heard.--Before a public provider may provide telecommunications services or advanced telecommunications capability or services to the public, either directly or through a public-private partnership, the public provider shall-- (1) publish notice of its intention to do so; (2) generally describe the capability or services to be provided and the proposed coverage area for the capability or services; (3) identify any special capabilities or services to be provided in low-income areas or other demographically or geographically defined areas; (4) provide local residents and private-sector entities with an opportunity to be heard on the costs and benefits of the project and potential alternatives to the project, including any bids under paragraph (5); and (5) provide private-sector entities with an opportunity to bid to provide the capability or services during the 30-day period beginning on the date on which the notice is published under paragraph (1). (b) Application to Existing Projects and Pending Proposals.-- Subsection (a) shall not apply to-- (1) any contract or other arrangement under which a public provider is providing telecommunications services or advanced telecommunications capability or services to the public as of the date of enactment of this Act; or (2) any proposal by a public provider to provide telecommunications services or advanced telecommunications capability or services to the public-- (A) that is in the request-for-proposals process as of the date of enactment of this Act; (B) the infrastructure for which is in the process of being built as of the date of enactment of this Act; or (C) that has been approved by referendum as of the date of enactment of this Act. SEC. 7. EXEMPTIONS. The requirements under sections 4 and 6 shall not apply-- (1) when a public provider provides telecommunications services or advanced telecommunications capability or services other than-- (A) to the public; or (B) to such classes of users as to make the capability or services effectively available to the public; or (2) during an emergency declared by the President, the Governor of the State in which the public provider is located, or any other elected local official authorized by law to declare a state of emergency in the jurisdiction in which the public provider is located. SEC. 8. USE OF FEDERAL FUNDS. If any project providing telecommunications services or advanced telecommunications capability or services under this Act fails due to bankruptcy or is terminated by a public provider, no Federal funds may be provided to the public provider specifically to assist the public provider in reviving or renewing that project, unless the failure due to bankruptcy occurred in a jurisdiction that is subject to a declaration by the President of a major disaster, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

Community Broadband Act of 2017 This bill bars state, local, or tribal governments from prohibiting or inhibiting such government entities or their affiliates from serving as "public providers" of telecommunications services or advanced telecommunications capabilities to any person or any public or private entity. The bill prohibits such government and government-affiliated providers of public telecommunications services from favoring themselves over competing providers in the application of regulations, ordinances, public rights-of-way, or permitting requirements. The bill expresses the sense of Congress that such governments or affiliates intending to provide public telecommunications services should consider public-private partnerships. Public providers must provide public notice and opportunities for public input and private-sector bidding before providing telecommunications service to the public. The bill provides an exemption from the prohibition on such governments favoring themselves in the application of regulations, and from the requirement to provide public notice and private bidding opportunities, during an emergency declared by the President, a governor, or an authorized elected local official.

Community Broadband Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness Act of 2002''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) Americans cherish the continued existence of diverse wilderness ecosystems and wildlife found on their Federal lands and share a strong sense of moral responsibility to protect their wilderness heritage as an enduring resource to cherish, protect, and bequeath undisturbed to future generations of Americans. (2) The values an area of wilderness offer to this and future generations of Americans are greatly enhanced to the degree that the area is diverse in topography, elevation, life zones and ecosystems, and to the extent that it offers a wide range of outdoor recreational and educational opportunities accessible in all seasons of the year. (3) Large blocks of wildlands embracing a wide range of ecosystems and topography, including low-elevation forests, have seldom remained undisturbed due to many decades of development. (4) Certain wildlands on the western slope of the Cascade Range in the Skykomish River valley of the State of Washington offer an outstanding representation of the original character of the forested landscape, ranging from high alpine meadows and extremely rugged peaks to low-elevation mature and old-growth forests, including groves with some of the largest and most spectacular trees in Washington, with diameters of eight feet and larger. (5) These diverse, thickly forested mountain slopes and valleys of mature and old-growth trees in the Skykomish River valley harbor nearly the full complement of the original wildlife and fish species found by settlers of the 19th century, including mountain goats, bald eagles, black bear, pine marten, black-tailed deer, as well as rare and endangered wildlife such as northern spotted owls and goshawks, Chinook and Coho salmon, and steelhead and bull trout. (6) An ecologically and topographical diverse wilderness area in the Skykomish River valley accessible in all seasons of the year will be enjoyable to users of various kinds, such as hikers, horse riders, hunters, anglers, and educational groups, but also to the many who cherish clean water and clean air, fish and wildlife (including endangered species such as wild salmon), and pristine mountain and riverside scenery. (b) Statement of Policy.--Congess hereby declares that it is the policy of the United States: (1) to better serve the diverse wilderness and environmental education needs of the people of the State of Washington and its burgeoning metropolitan regions by granting wilderness protection to certain lower elevation wildlands in the Skykomish River valley of the State of Washington; and (2) to protect additional lands adjacent to the Henry M. Jackson Wilderness designated by the Washington Wilderness Act of 1984 (Public Law 98-339), in further tribute to the ecologically enlightened vision of the distinguished Senator from the State of Washington and former Chairman of the Senate Committee on Energy and Natural Resources (formerly the Senate Interior and Insular Affairs Committee). SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Additions.--The following Federal lands in the State of Washington are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) Certain lands which comprise approximately 106,000 acres, as generally depicted on a map entitled ``Wild Sky Wilderness Proposal'', dated August 2002, which shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the wilderness area designated under this Act with the Committee on Energy and Natural Resources of the United States Senate and the Committee on Resources of the United States House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. SEC. 4. ADMINISTRATIVE PROVISIONS. (a) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of Agriculture in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) New Trails.-- (1) The Secretary of Agriculture shall consult with interested parties and shall establish a hiking trail plan designed to develop a system of hiking trails within or adjacent to or to provide access to the wilderness designated by this Act in a manner consistent with the Wilderness Act, Public Law 88-577 (16 U.S.C. 1131 et seq.). (2) Within two years after the date of enactment of this Act, the Secretary of Agriculture shall complete a report on the implementation of the hiking trail plan required under this Act. This report shall include the identification of priority hiking trails for development. (c) Repeater Site.--Within the Wild Sky Wilderness designated under this Act, the Secretary of Agriculture may use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (d) Float Plane Access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel, where such use has already become established, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. SEC. 5. AUTHORIZATION FOR LAND ACQUISITION. (a) In General.--The Secretary of Agriculture may acquire lands and interests therein, by purchase, donation, or exchange, and shall give priority consideration to those lands identified as ``Priority Acquisition Lands'' on the map described in section 3(a)(1). The boundaries of the Snoqualmie National Forest and the Wild Sky Wilderness shall be adjusted to encompass any lands acquired pursuant to this section. (b) Access.--Consistent with section 5(a) of the Wilderness Act (Public Law 88-577; 16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings within the Wild Sky Wilderness. (c) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area as a result of this Act. SEC. 6. LAND EXCHANGES. The Secretary of Agriculture shall exchange lands and interests in lands, as generally depicted on a map entitled Chelan County Public Utility District Exchange and dated May 22, 2002, with the Chelan County Public Utility District in accordance with the following provisions: (1) If the Chelan County Public Utility District, within ninety days after the date of enactment of this Act, offers to the Secretary of Agriculture approximately 371.8 acres within the Snoqualmie National Forest in the State of Washington, the Secretary shall accept such lands. (2) Upon acceptance of title by the Secretary of Agriculture to such lands and interests therein, the Secretary of Agriculture shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of date of enactment, to maintain an existing snowtel site on 1.82 acres on the Wenatchee National Forest in the State of Washington. (3) The exchange directed by this Act shall be consummated if Chelan County Public Utility District conveys title acceptable to the Secretary and provided there is no hazardous material on the site, which is objectionable to the Secretary. (4) In the event Chelan County Public Utility District determines there is no longer a need to maintain a snowtel site to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin, the Secretary shall be notified in writing and the easement shall be extinguished and all rights conveyed by this exchange shall revert to the United States.

Wild Sky Wilderness Act of 2002 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.Directs the Secretary to establish a hiking trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, to improve communication for safety, health, and emergency services. Authorizes the use of floatplanes on Lake Isabel where such use has already become established.Authorizes the Secretary to acquire specified priority acquisition lands by purchase, donation, or exchange. Directs that the boundaries of the Snoqualmie National Forest and the Wild Sky Wilderness be adjusted to encompass any lands so acquired. Directs the Secretary to assure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area.Requires the Secretary to exchange specified lands with the Chelan County Public Utility District if the District offers to the Secretary lands within the Snoqualmie National Forest, Washington, in exchange for a permanent easement, including helicopter access, consistent with such levels as used as of the date of this Act's enactment, to maintain an existing snowtel site on land within the Wenatchee National Forest, Washington.Sets forth conditions for consummation of the exchange and for reversion to the United States if the District no longer needs to maintain a snowtel site.

To enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Arms Sale Responsibility Act of 2012''. SEC. 2. SENSE OF CONGRESS PROVISIONS. (a) Transfer of Conventional Arms.--It is the sense of Congress that it should be the policy of the United States to maintain adherence to a policy of restraint in transferring conventional arms if evidence exists of substantial risk that such arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law. (b) Arms Control Agreements.--In furtherance of the policy described in subsection (a), the President, in negotiating any conventional arms control agreement, should undertake a concerted effort-- (1) to encourage the national control list of each party to the agreement to cover all types of weaponry, munitions, armaments and related material used for potentially lethal force in military and law enforcement operations, as well as any parts, components and accessories thereof, and machines, technologies and technical expertise for making, developing and maintaining those items; (2) to conduct an effective inquiry and meaningful assessment of each application or proposal for authorization to export or internationally transfer arms on a case-by-case basis; (3) to deny an arms transfer authorization if there is a substantial risk that the arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law and to ensure such denial remains in place until steps are taken to mitigate the level of risk; (4) to require import and transit state authorizations, and certified end use assurances, before issuing an export license or authorization for any international transfer of conventional arms and to ensure minimum details in the end use assurance include the exporter, consignee, purchasers, country of final destination, description of type and quantity of items, specific purpose they will be used, an expiration date, and an undertaking that they will not be used for purposes other than those declared or re-exported without permission; (5) to require delivery verification to be officially certified on receipt of the shipment of conventional arms by the end user, which includes at a minimum, the name and address of the exporter and the importer, the serial number of the import certificate, a description of the goods, the quantity and value, the port of arrival and the name of the ship, aircraft or other carrier; and (6) to require each party to the agreement to establish a clear legal framework for lawful brokering and shipping activities relating to transfers of conventional arms. SEC. 3. PROHIBITION ON TRANSFER OF DEFENSE ARTICLES AND DEFENSE SERVICES TO CERTAIN FOREIGN GOVERNMENTS. (a) Prohibition.--For each fiscal year beginning on or after the date of enactment of this Act, no defense articles or defense services may be transferred to the government of a foreign country under the Foreign Assistance Act of 1961 or the Arms Export Control Act unless the President submits to Congress a certification described in subsection (b) with respect to the transfer of such defense articles or defense services. (b) Certification.--A certification referred to in subsection (a) is a certification that-- (1) the government of the foreign country is not engaging in gross violations of internationally-recognized human rights, including-- (A) by carrying out-- (i) excessive force against or unlawful killings of unarmed protesters; (ii) extrajudicial or arbitrary executions; (iii) disappearances; (iv) torture or severe mistreatment; (v) prolonged arbitrary imprisonment; (vi) systematic official discrimination on the basis of race, ethnicity, religion, gender, national origin, or political affiliation; or (vii) grave breaches of international humanitarian law; and (B) by failing to-- (i) vigorously investigate, discipline, or prosecute those individuals responsible for gross violations of internationally-recognized human rights; (ii) allow the free functioning of domestic and international human rights organizations; (iii) provide access on a regular basis to humanitarian organizations in humanitarian emergencies; or (iv) divert the transfer of defense articles or defense services to a third country which facilitates 1 or more of the actions described in subparagraph (A); and (2) the government of the country is not identified by the Secretary of State in the Department of State's most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. (c) Failure To Continue To Comply.--Any certification with respect to a foreign government for a fiscal year under subsection (b) shall cease to be effective for that fiscal year if the President certifies to Congress that such government has not continued to comply with the requirements contained in such subsection. (d) Notifications to Congress.--The President shall submit to Congress initial certifications under subsection (b) as part of the submission of the annual congressional presentation documents for foreign assistance programs for each fiscal year beginning on or after the date of enactment of this Act and shall, where appropriate, submit additional or amended certifications at any time thereafter in that fiscal year. (e) Exemptions.-- (1) In general.--The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if-- (A) subject to paragraph (2), the President submits a request for an exemption to Congress containing a determination that it is in the national security interest of the United States to provide defense articles or defense services to such government; or (B) the President determines that an emergency exists under which it is vital to the interest of the United States to provide military defense articles or defense services to such government. (2) Disapproval.--A request for an exemption to provide defense articles or defense services to a foreign government shall not take effect, or shall cease to be effective, if a law is enacted disapproving such request. (f) Definitions.--In this section-- (1) the term ``defense article'' has the meaning given the term in section 47(3) of the Arms Export Control Act; and (2) the term ``defense service'' has the meaning given the term in section 47(4) of the Arms Export Control Act.

Arms Sale Responsibility Act of 2012 - Expresses the sense of Congress that it should be U.S. policy to adhere to a policy of restraint in transferring conventional arms if evidence exists of substantial risk that such arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law. Urges the President, in negotiating any conventional arms control agreement, to: (1) encourage the national control list of each party to an agreement to cover all types of weaponry, munitions, armaments and related material used for potentially lethal force in military and law enforcement operations; (2) assess each application or proposal to export or internationally transfer arms on a case-by-case basis; (3) deny an arms transfer authorization if there is a substantial risk that the arms will be used to commit or facilitate violations of international human rights law or international humanitarian law; (4) require import and transit state authorizations and certified end use assurances before issuing an export license or authorization for any international transfer of conventional arms; and (6) require each party to an agreement to establish a legal framework for lawful brokering and shipping activities relating to conventional arms transfers. Prohibits, with certain exemptions, the transfer of defense articles or defense services to the government of a foreign country under the Foreign Assistance Act of 1961 or the Arms Export Control Act unless the President certifies to Congress that such government is not: (1) engaging in gross violations of internationally-recognized human rights, and (2) identified by the Secretary of State as having governmental armed forces or government supported armed groups that recruit or use child soldiers.

To prohibit the transfer of defense articles and defense services to the governments of foreign countries that are engaging in gross violations of internationally-recognized human rights, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``No More Land Act''. SEC. 2. LIMITATION ON USE OF FUNDS FROM LAND AND WATER CONSERVATION FUND. The Land and Water Conservation Fund Act of 1965 is amended-- (1) in section 1(b)(2) (16 U.S.C. 460l-4(b)(2)) by striking ``acquisition and development'' and inserting ``maintenance''; (2) in section 5 (16 U.S.C. 460l-7) in the last sentence, in the text preceding paragraph (1), by striking ``acquisition'' and inserting ``maintenance''; (3) in section 7(a) (16 U.S.C. 460l-9(a))-- (A) in the matter preceding paragraph (1) by inserting ``for maintenance'' after ``otherwise allotted''; (B) in paragraph (1)-- (i) in the matter preceding the first undesignated paragraph by striking ``For the acquisition'' and inserting ``For the maintenance''; (ii) by amending the second undesignated paragraph to read as follows: ``National forest system.--Wilderness areas of the National Forest System, and other areas of national forests that are primarily of value for outdoor recreation.''. (iii) by amending the third undesignated paragraph to read as follows: ``National wildlife refuge system.--Federal lands that are acquired for endangered species and threatened species under section 5(a) of the Endangered Species Act of 1973; areas acquired under section 2 of the Act of September 28, 1962 (16 U.S.C. 460k-1); national wildlife refuge areas acquired under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)), and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986; and any areas acquired for the National Wildlife Refuge System by specific Acts.''; and (C) by striking paragraph (3); (4) in subsection (b) of section 7 (16 U.S.C. 460l-9(b)) by striking ``unless'' and all that follows through the end of the subsection and inserting a period; (5) by striking subsection (c) of section 7 (16 U.S.C. 460l-9(c)); and (6) by striking sections 9 and 10 (16 U.S.C. 460l-10a and 460l-10b). SEC. 3. REQUIREMENT TO REDUCE BACKLOGGED MAINTENANCE. The head of each covered landholding agency shall-- (1) by not later than the end of the 5-fiscal-year period beginning on the date of the enactment of this Act, reduce by at least 20 percent the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to lands under the administrative jurisdiction of the agency; and (2) by not later than the end of each 5-fiscal-year period thereafter, reduce the dollar value of backlogged maintenance that exists on the first day of that period with respect to lands under the administrative jurisdiction of the agency, by an amount that is equal to or greater than the sum of-- (A) 20 percent of the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to such lands; (B) the amount of any reduction in backlogged maintenance previously required under this section that has not been carried out; and (C) any additional backlogged maintenance that arose on or after the date of the enactment of this Act and that has not been carried out. SEC. 4. REPORTS ON REDUCTION OF BACKLOGGED MAINTENANCE. (a) In General.--The head of each covered landholding agency shall publish and submit reports to the Congress that-- (1) document the progress made by the agency in reducing backlogged maintenance with respect to lands under the administrative jurisdiction of the agency, including a statement of-- (A) the dollar value of the reduction in backlogged maintenance that has been achieved by the agency in the 5-fiscal-year period covered by the report; (B) whether or not the agency, in the 5-fiscal-year period covered by the report, has achieved the reduction in backlogged maintenance required to be achieved by the agency under section 3 for that period; and (C) the amount (if any) by which the dollar value stated in subparagraph (A) is less than the amount of reduction in backlogged maintenance that is required to be achieved by the agency under section 3; (2) include a prioritized list of construction, deferred maintenance, and regular maintenance projects the agency must carry out in order to achieve reductions in backlogged maintenance required under section 3; and (3) include a plan for carrying out such projects over the next 5 fiscal years. (b) Timing of Reports.--The head of a covered landholding agency-- (1) shall publish and submit the first report under this section by not later than 30 days after the end of the first 5- fiscal-year period beginning after the date of the enactment of this Act; and (2) shall publish and submit subsequent reports under this section by not later than 30 days after the end of each subsequent 5-fiscal-year period thereafter until all backlogged maintenance has been completed with respect to lands under the administrative jurisdiction of the agency. (c) Final Report.--Not later than December 31 of the year in which all backlogged maintenance has been completed with respect to lands under the administrative jurisdiction of a covered landholding agency, the head of the agency shall submit to the Congress a final report that, in detail-- (1) prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, based on the success of programs of the agency that relate to such lands; (2) describes a system of regular maintenance that is required with respect to such lands; and (3) includes a prioritized list of capital improvement projects for such lands. SEC. 5. PRIORITIZATION OF LANDS. Not later than 4 years after the date of the enactment of this Act, the head of each covered landholding agency shall submit to the Congress a report that prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, from highest to lowest priority in the order of their importance to the success of programs carried out by the agency. SEC. 6. DEFINITIONS. In this Act: (1) Backlogged maintenance.--The term ``backlogged maintenance''-- (A) means the total dollar value of regular maintenance, deferred maintenance, and capital improvement to be carried out with respect to lands under the administrative jurisdiction of a covered landholding agency that has not been completed; and (B) is deemed to be, on the date of the enactment of this Act-- (i) $600,000,000 with respect to lands under the administrative jurisdiction of the Bureau of Land Management; (ii) $2,300,000,000 with respect to lands under the administrative jurisdiction of the United States Fish and Wildlife Service; (iii) $314,000,000 with respect to lands under the administrative jurisdiction of the Forest Service; and (iv) $11,500,000,000 with respect to lands under the administrative jurisdiction of the National Park Service. (2) Covered landholding agency.--The term ``covered landholding agency'' means each of-- (A) the Bureau of Land Management; (B) the United States Fish and Wildlife Service; (C) the Forest Service; and (D) the National Park Service. (3) Maintenance.--The term ``maintenance'' means the upkeep of real property, including capital improvement and development.

No More Land Act - Amends the Land and Water Conservation Fund Act of 1965 to prohibit the Land and Water Conservation Fund from being used for acquisition. Directs the heads of the Bureau of Land Management (BLM), the Fish and Wildlife Service, the Forest Service, and the National Park Service to reduce the value of backlogged maintenance that exists on lands under the administrative jurisdiction of that agency by at least 20% in five years, with additional decreases in the backlog for subsequent years. Instructs each agency to publish reports to Congress that document the progress made by reducing the backlogs. Requires each agency to submit to Congress a report that prioritizes lands owned by the federal government and under the administrative jurisdiction of that agency by order of importance to the success of agency programs.

No More Land Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfields Remediation and Economic Development Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that: (1) The General Accounting Office has estimated that between 130,000 and 425,000 abandoned industrial sites will need cleanup action to become economically viable once again. (2) The cleanup costs to remediate these ``brownfield'' sites to productive use could reach hundreds of billions of dollars. (3) ``Brownfields'' remediation is the number one economic priority in many American cities. (4) Encouraging private investment for these remediation efforts presents an opportunity to create jobs and promote economic development in localities and the States. (b) Purpose.--The purpose of this Act is to establish a program under which the Federal Government, in cooperation with appropriate State and local entities, shall remediate ``brownfields'' in order to return them to productive use while conserving prime open space, or ``greenfields''. SEC. 3. FOR EPA CERTIFICATION OF STATE BROWNFIELD PROGRAMS. (a) Certification.--The Administrator of the Environmental Protection Agency (hereinafter in this Act referred to as the ``Administrator'') shall certify any State brownfield program submitted to the Administrator under this Act that satisfies the criteria of section 4. Certification of State programs shall be granted only for programs which have jurisdiction over brownfield sites which have been contaminated prior to enactment of this Act. (b) Review.--The Administrator shall review certified State brownfield programs every 2 years after certification to assure compliance with certification criteria, and to provide to the States, where appropriate, technical assistance and expertise. SEC. 4. EVALUATION CRITERIA FOR STATE BROWNFIELDS PROGRAMS. A State brownfields program may be certified under this Act if the program-- (1) covers only contaminated sites that are not listed on the National Priorities List; (2) provides for public participation, in good faith prior to the granting of a release from liability under sections 4 and 5; (3) provides for the reopening of a brownfields cleanup proposal: (A) if any person has undertaken any aspect of the site assessment or remediation in a fraudulent manner, including misrepresentation of such person's relationship to the site; (B) if a State changes remediation standards by an order of magnitude; (C) if a landowner or prospective purchaser of a brownfield site wishes to change the proposed use of a site to one that demands a higher cleanup standard; or (D) if the proposed remediation fails or the remedy is not properly maintained or operated; and (4) contains cleanup standards for brownfield sites that are protective of public health and the environment; and (5) includes coordination among State agencies for environmental protection and business/economic development. SEC. 5. LANDOWNER LIABILITY. In the case of any brownfield site remediation carried out pursuant to a State program certified under this Act, upon completion of remediation pursuant to such program and release from State liability under any applicable State provisions regarding liability for contaminated sites, the Administrator shall release the owner of the brownfield site or the facility operator at such site, or both, from liability under sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for the contamination described in the site assessment and evaluation carried out under the State program at the site concerned. SEC. 6. OTHER LIABILITY RELEASES. In the case of any brownfield site remediation carried out pursuant to a State program certified under this Act, upon completion of remediation pursuant to such program and release from State liability under any applicable State provisions regarding liability for contaminated sites, the Administrator shall release the following persons from liability under sections 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 for the contamination described in the site assessment and evaluation carried out under the State program at the site concerned: (1) Lenders and developers.--Lenders and economic developers, except that no lender or developer shall be released from liability under sections 106 and 107 for pollution directly caused by their actions. (2) Prospective purchasers.--Prospective purchasers of a brownfields site. (3) Local governments.--Local governments who have not been involved with the management of a brownfields site. SEC. 7. FEDERAL WAIVER. If the State brownfield cleanup program includes a waiver from State permitting requirements, the Administrator may waive relevant Federal permit requirements to facilitate the site cleanup. SEC. 8. BROWNFIELDS IRA. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following new section: ``SEC. 468C. SPECIAL RULES FOR HAZARDOUS WASTE REMEDIATION RESERVES. ``(a) In General.--There shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Hazardous Waste Remediation Reserve (hereinafter referred to as the `Reserve') during such taxable year. ``(b) Limitation on Amounts Paid Into Reserve.--The amount which a taxpayer may pay into the Reserve for any taxable year shall not exceed the lesser of-- ``(1) $5,000,000, or ``(2) the excess (if any) of $5,000,000 over the amount paid into the Reserve for all prior taxable years. ``(c) Income and Deductions of the Taxpayer.-- ``(1) Inclusion of amounts distributed.--There shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from the Reserve during such taxable year, and ``(B) any deemed distribution under subsection (e). ``(2) Deduction when economic performance occurs.--In addition to any deduction under subsection (a), there shall be allowable as a deduction for any taxable year the amount of the qualified hazardous waste costs with respect to which economic performance (within the meaning of section 461(h)(2)) occurs during such taxable year. ``(d) Hazardous Waste Remediation Reserve.-- ``(1) In general.--For purposes of this section, the term `Hazardous Waste Remediation Reserve' means a reserve established by the taxpayer for purposes of this section. ``(2) Reserve exempt from taxation.--Any Hazardous Waste Remediation Reserve is exempt from taxation under this subtitle unless such Reserve has ceased to be a Hazardous Waste Remediation Reserve by reason of subsection (e). Notwithstanding the preceding sentence, any such Reserve shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(3) Contributions to reserve.--The Reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). ``(4) Use of reserve.--The Reserve shall be used exclusively to pay the qualified hazardous waste costs of the taxpayer. ``(5) Prohibitions against self-dealing.--Under regulations prescribed by the Secretary, for purposes of section 4951 (and so much of this title as relates to such section), the Reserve shall be treated in the same manner as a trust described in section 501(c)(21). ``(e) Deemed Distributions.-- ``(1) Disqualification of reserve for self-dealing.--In any case in which a Reserve violates any provision of this section or section 4951, the Secretary may disqualify such Reserve from the application of this section. In any case to which this paragraph applies, the Reserve shall be treated as having distributed all of its funds on the date such determination takes effect. ``(2) Failure to spend funds.--A Reserve shall be treated as having distributed all of its funds-- ``(A) on the date which is 10 years after the date such Reserve was established unless, as of such date-- ``(i) it has been determined that some property of the taxpayer is contaminated with hazardous waste, and ``(ii) a remediation plan has been prepared for such site, and ``(B) except as otherwise provided by the Secretary, on the date which is 10 years after the date such Reserve was established unless, as of such date, it is reasonably anticipated that the remaining funds in the Reserve will be distributed before the date which is 15 years after the date such Reserve was established. ``(f) Penalty for Distributions Not Used For Qualified Hazardous Waste Costs.--The tax imposed by this chapter for any taxable year in which any amount distributed from a Reserve is not used exclusively to pay qualified hazardous waste costs shall be increased by 10 percent of such amount. ``(g) Qualified Hazardous Waste Costs.--For purposes of this section, the term `qualified hazardous waste costs' means-- ``(1) the costs paid or incurred by the taxpayer in connection with the assessment of-- ``(A) the extent of the environmental contamination of a site which is owned by the taxpayer, and ``(B) the expected cost of environmental remediation required for such site, and ``(2) the costs paid or incurred by the taxpayer to remediate such contamination. ``(h) Controlled Groups.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subsection (b), and the dollar amount contained in such subsection shall be allocated among such persons in such manner as the Secretary shall prescribe. ``(i) Time When Payments Deemed Made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to the Reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made within 2\1/2\ months after the close of such taxable year.''. (b) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Special rules for hazardous waste remediation reserves.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Brownfields Remediation and Economic Development Act of 1996 - Directs the Administrator of the Environmental Protection Agency to certify any State program for brownfields (abandoned industrial sites in need of hazardous waste remediation before they may be returned to productive use) if the program: (1) covers only sites that have been contaminated prior to enactment of this Act and are not listed on the National Priorities List; (2) provides for public participation prior to a landowner's release from liability upon completion of site remediation (carried out under a certified program) under State law and under abatement and response provisions of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); (3) provides for a reopening of a cleanup proposal under specified conditions; (4) contains standards for the sites that protect public health and the environment; and (5) includes coordination among State agencies for environmental protection and economic development. Provides (in addition to the release of landowners from liability described above) for the release from liability under State law and under CERCLA, upon completion of remediation, of lenders and developers (except with respect to pollution directly caused by them), prospective purchasers, and local governments not involved in the management of a site. Allows the Administrator to waive Federal permit requirements if the State program includes a waiver of State permit requirements. Amends the Internal Revenue Code to allow an income tax deduction for payments into a tax-exempt Hazardous Waste Remediation Reserve to be used exclusively to pay costs of the taxpayer to: (1) assess the extent of a site's environmental contamination and its expected remediation cost; and (2) remediate the contamination.

Brownfields Remediation and Economic Development Act of 1996

SECTION 1. CARRYOVER OF UNUSED BENEFITS FROM CAFETERIA PLANS AND FLEXIBLE SPENDING ARRANGEMENTS. (a) In General.--Section 125 of the Internal Revenue Code of 1986 (relating to cafeteria plans) is amended by redesignating subsections (h) and (i) as subsections (i) and (j), respectively, and by inserting after subsection (g) the following new subsection: ``(h) Allowance of Carryovers of Unused Benefits to Later Taxable Years.-- ``(1) In general.--For purposes of this title-- ``(A) a plan or other arrangement shall not fail to be treated as a cafeteria plan or flexible spending or similar arrangement, and ``(B) no amount shall be required to be included in gross income by reason of this section or any other provision of this chapter, solely because under such plan or other arrangement any nontaxable benefit which is unused as of the close of a taxable year may be carried forward to 1 or more succeeding taxable years. ``(2) Limitation.--Paragraph (1) shall not apply to amounts carried from a plan to the extent such amounts exceed $3,000 (applied on an annual basis). For purposes of this paragraph, all plans and arrangements maintained by an employer or any related person shall be treated as 1 plan. ``(3) Allowance of rollover.-- ``(A) In general.--Each flexible spending or similar arrangement which permits a carryover under paragraph (1) of an amount of unused benefit shall provide that each participant may elect, in lieu of a carryover of such amount, to have such amount distributed to the participant. ``(B) Amounts not included in income.--Any distribution under subparagraph (A) shall not be included in gross income to the extent that such amount is transferred in a trustee-to-trustee transfer, or is contributed within 60 days of the date of the distribution, to-- ``(i) an individual retirement plan, ``(ii) a qualified cash or deferred arrangement described in section 401(k), ``(iii) a plan under which amounts are contributed by an individual's employer for an annuity contract described in section 403(b), ``(iv) an eligible deferred compensation plan described in section 457, ``(v) a medical savings account (within the meaning of section 220), ``(vi) an education individual retirement account (within the meaning of section 530(b)), or ``(vii) a health care reimbursement rollover account described in section 530A. Any amount rolled over under this subparagraph shall be treated as a rollover contribution for the taxable year from which the unused amount would otherwise be carried. ``(C) Treatment of rollover.--Any amount rolled over under subparagraph (B) shall be treated as an eligible rollover under section 219, 220, 401(k), 403(b), 457, 530, or 530A, whichever is applicable, and shall not be taken into account in applying any limitation (or participation requirement) on contributions under such section or any other provision of this chapter for the taxable year of the rollover. ``(4) Cost-of-living adjustment.--In the case of any taxable year beginning in a calendar year after 1999, the $3,000 amount under paragraph (2) shall be adjusted at the same time and in the same manner as under section 415(d)(2), except that the base period taken into account shall be the calendar quarter beginning October 1, 1999, and any increase which is not a multiple of $50 shall be rounded to the next lowest multiple of $50.'' (b) Health Care Reimbursement Rollover Account.--Subchapter F of chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``PART IX--HEALTH CARE REIMBURSEMENT ROLLOVER ACCOUNTS ``Sec. 530A. Health care reimbursement rollover accounts. ``SEC. 530A. HEALTH CARE REIMBURSEMENT ROLLOVER ACCOUNTS. ``(a) General Rule.--A health care reimbursement rollover account shall be exempt from taxation under this subtitle unless such account has ceased to be a health care reimbursement rollover account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Health care reimbursement rollover account.--The term `health care reimbursement rollover account' means a trust created or organized in the United States exclusively for the purpose of paying the qualified medical expenses of the account holder, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted unless it is a rollover contribution allowed under section 125(h)(3). ``(B) The trustee is a bank (as defined in section 408(n)), an insurance company (as defined in section 816), or another person (including the employer of the account holder) who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust will be invested only in appropriate guaranteed principle and interest investments which provide 100 percent liquidity. ``(D) Contributions to the trust will not be invested until the second year after the year the contributions are made. ``(E) The interest of an individual in the balance in his account is nonforfeitable. ``(2) Qualified medical expenses.-- ``(A) In general.--The term `qualified medical expenses' means, with respect to an account holder, amounts paid by such holder for medical care (as defined in section 213(d)) for such individual, the spouse of such individual, and any dependent (as defined in section 152) of such individual, but only to the extent such amounts are not compensated for by insurance or otherwise. ``(B) Health insurance may not be purchased from account.-- ``(i) In general.--Subparagraph (A) shall not apply to any payment for coverage under a group health plan of an employer of the account holder or the spouse of the account holder. ``(ii) Exceptions.--Clause (i) shall not apply to any expense for coverage under-- ``(I) a health plan during any period of continuation coverage required under any Federal law, ``(II) a qualified long-term care insurance contract (as defined in section 7702B(b)), or ``(III) a medicare supplemental policy under section 1882 of the Social Security Act. ``(3) Account holder.--The term `account holder' means the individual on whose behalf the health care reimbursement rollover account was established. ``(4) Certain rules to apply.--Rules similar to rules under section 408(h) (relating to custodial accounts) shall apply for purposes of this section. ``(c) Tax Treatment Of Account Terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to health care reimbursement rollover accounts and any amount treated as distributed under such rules shall be treated as not used to pay qualified medical expenses. ``(d) Tax Treatment Of Distributions.-- ``(1) Amounts used for qualified medical expenses.--Any amount paid or distributed out of a health care reimbursement rollover account which is used exclusively to pay qualified medical expenses of any account holder shall not be includible in gross income. ``(2) Inclusion of amounts not used for qualified medical expenses.--Any amount paid or distributed out of a health care reimbursement rollover account which is not used exclusively to pay the qualified medical expenses of the account holder shall be included in the gross income of such holder. ``(3) Coordination with medical expense deduction.--For purposes of determining the amount of the deduction under section 213 or 162(l), any payment or distribution out of a health care reimbursement rollover account for qualified medical expenses shall not be treated as an expense paid for medical care. ``(4) Transfer of account incident to divorce.--The transfer of an individual's interest in a health care reimbursement rollover account to an individual's spouse or former spouse under a divorce or separation instrument described in subparagraph (A) of section 71(b)(2) shall not be considered a taxable transfer made by such individual notwithstanding any other provision of this subtitle, and such interest shall, after such transfer, be treated as a health care reimbursement rollover account with respect to which such spouse is the account holder. ``(5) Treatment after death of account holder.-- ``(A) Exclusion from estate tax.--The value of the gross estate under chapter 11 shall be determined without regard to the value of health care reimbursement rollover account. ``(B) Transfer of account to designated beneficiary.--If any individual acquires the account holder's interest in a health care reimbursement rollover account by reason of being the designated beneficiary of such account at the death of such account holder, such account shall be treated as if the beneficiary were the account holder. ``(C) Special rule.--If any person other than an individual acquires the account holder's interest in a health care reimbursement rollover account by reason of being the designated beneficiary of such account at the death of such account holder, such account shall cease to be a health care reimbursement rollover account as of the date of death. ``(e) Reports.--The Secretary may require the trustee of a health care reimbursement rollover account to make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary determines appropriate. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.''. (c) Clerical Amendment.--The table of parts for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item: ``Part IX. Health care reimbursement rollover accounts.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999.

Exempts a health care reimbursement rollover account from Federal income tax unless such account ceases to be that type of account. Subjects such account to taxation on unrelated business income. Outlines account qualification requirements. Considers as nontaxable income any amounts paid out of such accounts when used exclusively for qualified medical expenses, while considering as taxable any amounts used otherwise. Excludes account funds from estate taxes. Considers the transfer of such an account to a designated beneficiary as if the beneficiary were the original account holder. Authorizes the Secretary of the Treasury to require from an account trustee appropriate reports concerning account contributions, distributions, and related matters.

To amend the Internal Revenue Code of 1986 to allow unused benefits from cafeteria plans to be carried over into later years and used for health care reimbursement rollover accounts and certain other plans, arrangements, or accounts.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Convicted Child Sex Offender DNA Index System Support Act''. SEC. 2. ELIMINATION OF CHILD SEX OFFENDER DNA BACKLOG. (a) Development of Plan.-- (1) In general.--Not later than 45 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation, after consultation with representatives of the States and of appropriate Federal agencies, shall develop a plan to assist States in performing DNA analyses of DNA samples collected from convicted child sex offenders. (2) Objective.--The objective of the plan developed under paragraph (1) shall be to effectively eliminate the backlog of convicted child sex offender DNA samples awaiting analysis in State or local forensic laboratory storage, including samples that need to be reanalyzed using upgraded methods, in an efficient, expeditious manner that will provide for the entry of those analyses into the combined DNA Indexing System (CODIS). (3) Preference in funding.--In providing assistance to States under the plan, the Director shall give a preference in assistance to those States that have developed a comprehensive program for the DNA analysis of crime scene evidence in casework for which there are no suspects. (b) Plan Conditions.--The plan developed under subsection (a) shall require the following: (1) That the Director of the Federal Bureau of Investigation-- (A) establish requirements for the performance of DNA analyses by private forensic laboratories, including quality assurance standards, state-of-the-art testing methods, and other requirements that the Director considers appropriate; and (B) determine which private forensic laboratories satisfy the requirements established pursuant to subparagraph (A). (2) That a laboratory may perform DNA analyses under the plan only if it is a private forensic laboratory determined under paragraph (1)(B) to satisfy the requirements established pursuant to paragraph (1)(A). (3) That the Director of the Federal Bureau of Investigation provide assistance under the plan only pursuant to arrangements with private forensic laboratories that have been determined under paragraph (1)(B) to satisfy the requirements established pursuant to paragraph (1)(A). (4) That under each such arrangement-- (A) the Director shall determine, for each State to which assistance is provided under the plan, the quantity of convicted child sex offender DNA samples awaiting analysis in that State on which the laboratory shall perform DNA analysis; (B) the laboratory shall perform those DNA analyses; and (C) the Director shall, on behalf of that State, provide funding to the laboratory to cover the costs of those DNA analyses. (5) That each DNA sample collected and analyzed under the plan be accessible only-- (A) to criminal justice agencies for law enforcement identification purposes; (B) in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules; (C) for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or (D) for validation studies and protocol development purposes, if personally identifiable information is removed. (6) That for any State in any fiscal year, upon the performance of all DNA analyses required to be performed by paragraph (4)(B) in that fiscal year, any funds provided to that State under this section for that fiscal year but not yet expended may be used by the State for the performance of DNA analyses of other forensic DNA samples awaiting analysis in that State. (c) Implementation of Plan.--Subject to the availability of appropriations under subsection (d), the Director of the Federal Bureau of Investigation shall implement the plan developed pursuant to subsection (a) with States that elect to participate. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation to carry out this section $25,000,000 for each of fiscal years 2003, 2004, and 2005.

Convicted Child Sex Offender DNA Index System Support Act - Requires the Director of the Federal Bureau of Investigation to develop a plan to assist States in performing DNA analyses of samples collected from convicted child sex offenders, with the objective of eliminating the backlog of samples awaiting analysis in State or local forensic laboratory storage and providing for entry of those analyses into the combined DNA Indexing System.Provides that the plan shall require that: (1) the Director establish requirements for the performance of DNA analyses by private forensic laboratories; (2) only laboratories determined to satisfy such requirements perform DNA analyses; (3) the Director provide assistance only pursuant to arrangements with those laboratories; (4) each DNA sample collected and analyzed be accessible only under specified circumstances for criminal justice agencies, in judicial proceedings, for a criminal defendant, or for validation studies and protocol development purposes; and (5) once a State has performed DNA analysis of all convicted child sex offender samples, it may use unexpended funds provided under this Act to perform DNA analysis of other forensic samples.Requires the Director to implement the plan developed with States that elect to participate.

To eliminate the backlog in performing DNA analyses of DNA samples collected from convicted child sex offenders, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Educator Loan Forgiveness Act of 2007''. SEC. 2. LOAN FORGIVENESS FOR SERVICE AS AN EARLY CHILDHOOD EDUCATOR. Section 428K (20 U.S.C. 1078-11) is amended to read as follows: ``SEC. 428K. LOAN FORGIVENESS FOR SERVICE AS AN EARLY CHILDHOOD EDUCATOR. ``(a) Purposes.--The purposes of this section are-- ``(1) to encourage highly trained individuals to enter and continue in service as early childhood educators; and ``(2) to reduce the burden of student debt for Americans who dedicate their careers to service as early childhood educators. ``(b) Program Authorized.-- ``(1) Loan forgiveness authorized.--The Secretary is authorized to forgive, in accordance with this section, the student loan obligation of a borrower in the amount specified in subsection (c), for any new borrower after the date of enactment of the Early Educator Loan Forgiveness Act of 2007, who-- ``(A) has been employed full-time for at least 5 consecutive complete school years as an early childhood educator in an eligible preschool program or eligible early childhood education program in a low-income community, and who is involved directly in the care, development, and education of infants, toddlers, or young children through age 5; and ``(B) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Method of loan forgiveness.--To provide loan forgiveness under paragraph (1), the Secretary is authorized to carry out a program-- ``(A) through the holder of the loan, to assume the obligation to repay a qualified loan amount for a loan made, insured, or guaranteed under this part; and ``(B) to cancel a qualified loan amount for a loan made under part D of this title. ``(3) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(c) Qualified Loan Amount.--The Secretary shall forgive not more than $5,000 in the aggregate of the student loan obligation of a borrower that is outstanding after the completion of the fifth consecutive school year of employment described in subsection (b)(1). ``(d) Construction.--Nothing in this section shall be construed to authorize the refunding of any repayment of a loan. ``(e) Award Basis.--Loan forgiveness under this section shall be on a first-come, first-served basis and subject to the availability of appropriations. ``(f) Ineligibility for Double Benefits.--No borrower may receive a reduction of loan obligations under both this section and section 428J or 460. ``(g) Definitions.--In this section: ``(1) Early childhood educator.--The term `early childhood educator' means an early childhood educator who works directly with children in an eligible preschool program or eligible early childhood education program who has completed a baccalaureate or advanced degree in early childhood development, early childhood education, or in a field related to early childhood education. ``(2) Eligible preschool program.--The term `eligible preschool program' means a program that provides for the care, development, and education of infants, toddlers, or young children through age 5, meets any applicable State or local government licensing, certification, approval, and registration requirements, and is operated by-- ``(A) a public or private school that may be supported, sponsored, supervised, or administered by a local educational agency; ``(B) a Head Start agency serving as a grantee designated under the Head Start Act (42 U.S.C. 9831 et seq.); ``(C) a nonprofit or community based organization; or ``(D) a child care program, including a home. ``(3) Eligible early childhood education program.--The term `eligible early childhood education program' means-- ``(A) a family child care program, center-based child care program, State prekindergarten program, school program, or other out-of-home early childhood development care program, that-- ``(i) is licensed or regulated by the State; and ``(ii) serves 2 or more unrelated children who are not old enough to attend kindergarten; ``(B) a Head Start Program carried out under the Head Start Act (42 U.S.C. 9831 et seq.); or ``(C) an Early Head Start Program carried out under section 645A of the Head Start Act (42 U.S.C. 9840a). ``(4) Low-income community.--In this subsection, the term `low-income community' means a community in which 70 percent of households earn less than 85 percent of the State median household income. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.''.

Early Educator Loan Forgiveness Act of 2007 - Amends the Higher Education Act of 1965 to replace the loan forgiveness demonstration program for child care providers with a program providing student loan forgiveness or cancellation under the Federal Family Education Loan or Direct Loan programs to borrowers who are employed for at least five consecutive complete school years as early childhood educators who work directly with children in eligible preschool or early childhood education programs in low-income communities. Requires such educators to have completed a baccalaureate or advanced degree in early childhood development, early childhood education, or in a field related to early childhood education. Limits such forgiveness or cancellation to no more than $5,000 of the borrower's loan outstanding upon completion of five years of service.

To provide for a loan forgiveness program for certain individuals who serve as early childhood educators.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Japanese American Memorial Act of 2007''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE Sec. 101. Boundary adjustment. Sec. 102. Administration of Monument. TITLE II--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2 Sec. 201. Definitions. Sec. 202. Authority to convey title. Sec. 203. Transfer. Sec. 204. Compliance with other laws. Sec. 205. Revocation of withdrawals. Sec. 206. Liability. Sec. 207. Future benefits. Sec. 208. National Environmental Policy Act. Sec. 209. Payment. TITLE I--ESTABLISHMENT OF MINIDOKA NATIONAL HISTORIC SITE SEC. 101. BOUNDARY ADJUSTMENT. (a) In General.--The boundary of the Minidoka Internment National Monument, located in the State of Idaho and established by Presidential Proclamation 7395 of January 17, 2001, is adjusted to include the Nidoto Nai Yoni (``Let it not happen again'') memorial. That memorial-- (1) commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II under Executive Order No. 9066; and (2) consists of approximately 8 acres of land owned by the City of Bainbridge Island, Washington, as depicted on the map titled ``Bainbridge Island Japanese American Memorial'', numbered 194/80,003, and dated September, 2006. (b) Map.--The map referred to in subsection (a) shall be kept on file and made available for public inspection in the appropriate offices of the National Park Service. SEC. 102. ADMINISTRATION OF MONUMENT. (a) Administration.--The Secretary of the Interior (hereinafter in this section referred to as the ``Secretary'') shall administer the Nidoto Nai Yoni Memorial as part of Minidoka Internment National Monument in accordance with-- (1) Presidential Proclamation 7395 of January 17, 2001; (2) laws and regulations generally applicable to units of the National Park System, including the Act of August 25, 1916 (popularly known as the ``National Park Service Organic Act,''; 16 U.S.C. 1 et seq.); and (3) any agreements entered into pursuant to subsection (b). (b) Agreements.-- (1) For the purposes of defining the role of the National Park Service in administering the Nidoto Nai Yoni Memorial owned by the City of Bainbridge Island, the Secretary is authorized to enter into agreements with-- (A) the City of Bainbridge Island; (B) the Bainbridge Island Metropolitan Park and Recreational District; (C) the Bainbridge Island Japanese American Community Memorial Committee; (D) the Bainbridge Island Historical Society; (E) successor entities to the entities named in subparagraphs (A) through (D); and (F) other appropriate individuals or entities, at the discretion of the Secretary. (2) In order to implement an agreement provided for in paragraph (1), the Secretary may-- (A) make grants to the City of Bainbridge Island for development of an administrative and interpretive facility for the Nidoto Nai Yoni Memorial; (B) enter into a cooperative management agreement with the City of Bainbridge Island, pursuant to section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l); popularly known as the ``National Park System General Authorities Act''), for the purpose of providing assistance with operation and maintenance of the memorial; (C) make grants to other non-Federal entities for other infrastructure projects at the memorial, subject to a match of non-Federal funding equal to the amount of a grant made pursuant to this paragraph; and (D) make grants or enter into cooperative agreements with non-Federal entities to support development of interpretive media for the memorial. (c) Administrative and Visitor Use Site.--The Secretary is authorized to operate and maintain a site in Seattle, Washington, for administrative and visitor use purposes associated with Minidoka Internment National Monument, using to the greatest extent practicable the facilities and other services of the Seattle unit of the Klondike Gold Rush National Historical Park. (d) Coordination of Interpretive and Educational Materials and Programs.--The Secretary shall coordinate the development of interpretive and educational materials and programs for the Nidoto Nai Yoni Memorial and the Minidoka Internment National Monument site in the State of Idaho with the Manzanar National Historic Site in the State of California. TITLE II--CONVEYANCE OF AMERICAN FALLS RESERVOIR DISTRICT NUMBER 2 SEC. 201. DEFINITIONS. In this title: (1) Agreement.--The term ``Agreement'' means Agreement No. 5-07-10-L1688 between the United States and the District, entitled ``Agreement Between the United States and the American Falls Reservoir District No. 2 to Transfer Title to the Federally Owned Milner-Gooding Canal and Certain Property Rights, Title and Interest to the American Falls Reservoir District No. 2''. (2) District.--The term ``District'' means the American Falls Reservoir District No. 2, located in Jerome, Lincoln, and Gooding Counties, Idaho. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of Idaho. SEC. 202. AUTHORITY TO CONVEY TITLE. (a) In General.--In accordance with all applicable law and the terms and conditions set forth in the Agreement, the Secretary may convey-- (1) to the District all right, title, and interest in and to the land and improvements described in Appendix A of the Agreement, subject to valid existing rights; (2) to the city of Gooding, located in Gooding County, of the State, all right, title, and interest in and to the 5.0 acres of land and improvements described in Appendix D of the Agreement; and (3) to the Idaho Department of Fish and Game all right, title, and interest in and to the 39.72 acres of land and improvements described in Appendix D of the Agreement. (b) Compliance With Agreement.--All parties to the conveyance under subsection (a) shall comply with the terms and conditions of the Agreement, to the extent consistent with this Act. SEC. 203. TRANSFER. As soon as practicable after the date of enactment of this Act, the Secretary shall direct the Director of the National Park Service to include in and manage as a part of the Minidoka Internment National Monument the 10.18 acres of land and improvements described in Appendix D of the Agreement. SEC. 204. COMPLIANCE WITH OTHER LAWS. (a) In General.--On conveyance of the land and improvements under section 202(a)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of each facility transferred. (b) Applicable Authority.--Nothing in this title modifies or otherwise affects the applicability of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water provided to the District. SEC. 205. REVOCATION OF WITHDRAWALS. (a) In General.--The portions of the Secretarial Orders dated March 18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 6,900 acres described in Appendix E of the Agreement for the purpose of the Gooding Division of the Minidoka Project, are revoked. (b) Management of Withdrawn Land.--The Secretary, acting through the Director of the Bureau of Land Management, shall manage the withdrawn land described in subsection (a) subject to valid existing rights. SEC. 206. LIABILITY. (a) In General.--Subject to subsection (b), upon completion of a conveyance under section 202, the United States shall not be liable for damages of any kind for any injury arising out of an act, omission, or occurrence relating to the land (including any improvements to the land) conveyed under the conveyance. (b) Exception.--Subsection (a) shall not apply to liability for damages resulting from an injury caused by any act of negligence committed by the United States (or by any officer, employee, or agent of the United States) before the date of completion of the conveyance. (c) Federal Tort Claims Act.--Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code. SEC. 207. FUTURE BENEFITS. (a) Responsibility of the District.--After completion of the conveyance of land and improvements to the District under section 202(a)(1), and consistent with the Agreement, the District shall assume responsibility for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land (including any improvements to the land). (b) Eligibility for Federal Funding.-- (1) In general.--Except as provided in paragraph (2), the District shall not be eligible to receive Federal funding to assist in any activity described in subsection (a) relating to land and improvements transferred under section 202(a)(1). (2) Exception.--Paragraph (1) shall not apply to any funding that would be available to a similarly situated nonreclamation district, as determined by the Secretary. SEC. 208. NATIONAL ENVIRONMENTAL POLICY ACT. Before completing any conveyance under this Act, the Secretary shall complete all actions required under-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (4) all other applicable laws (including regulations). SEC. 209. PAYMENT. (a) Fair Market Value Requirement.--As a condition of the conveyance under section 202(a)(1), the District shall pay the fair market value for the withdrawn lands to be acquired by them, in accordance with the terms of the Agreement. (b) Grant for Building Replacement.--As soon as practicable after the date of enactment of this Act, and in full satisfaction of the Federal obligation to the District for the replacement of the structure in existence on that date of enactment that is to be transferred to the National Park Service for inclusion in the Minidoka Internment National Monument, the Secretary, acting through the Commission of Reclamation, shall provide to the District a grant in the amount of $52,996, in accordance with the terms of the Agreement.

Japanese American Memorial Act of 2007 - Adjusts the boundary of the Minidoka Internment National Monument located in Idaho to include the Nidoto Nai Yoni ("Let it not happen again") memorial that commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II. Authorizes the Secretary, for the purposes of defining the role of the National Park Service (NPS) in administering the Memorial owned by the City of Brainbridge Island to enter into agreements with the City of Bainbridge Island and specified entities. Authorizes the Secretary to operate and maintain a site in Seattle, Washington, for administrative and visitor use purposes associated with the Monument, using the facilities and other services of the Seattle unit of Klondike Gold Rush National Historical Park. Requires the Secretary to coordinate the development of interpretive and educational materials and programs for the Memorial and Monument site in Idaho with the Manzanar National Historic Site in California. American Falls Reservoir District Number 2 Conveyance Act - Authorizes the Secretary of the Interior to convey specified land to the: (1) American Falls Reservoir District No. 2 located in Jerome, Lincoln, and Gooding Counties, Idaho; (2) city of Gooding; and (3) Idaho Department of Fish and Game. Revokes the Department of Interior's previous orders that withdrew specified land from the Gooding Division of the Minidoka project.

To modify the boundary of the Minidoka Internment National Monument, to establish the Minidoka National Historic Site, to authorize the Secretary of the Interior to convey certain land and improvements of the Gooding Division of the Minidoka Project, Idaho, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Career and Technical Education Expansion Act of 2009''. SEC. 2. LOAN FORGIVENESS FOR TEACHING CAREER AND TECHNICAL EDUCATION COURSEWORK AT RURAL SECONDARY SCHOOLS. (a) FFEL Program.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (1) in subsection (c)(3)-- (A) in the header, by striking ``science, or special education'' and inserting ``science, special education, or career and technical education coursework at rural secondary schools''; (B) in subparagraph (A)(ii), by striking ``and'' after the semicolon; (C) in subparagraph (B)(iii), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(C) a teacher at a rural secondary school-- ``(i) who meets the requirements of subsection (b); and ``(ii) whose qualifying employment for purposes of such subsection is teaching career and technical education coursework on a full- time basis, including at least one course or credit that is integrated coursework.''; and (2) by amending subsection (h) to read as follows: ``(h) Definitions.--For the purpose of this section: ``(1) Career and technical education.--The term `career and technical education' means organized educational activities that-- ``(A) offer a sequence of courses that-- ``(i) provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; ``(ii) provides a secondary school diploma or its recognized equivalent; and ``(iii) may include prerequisite courses (other than a remedial course) that meet the requirements of this subparagraph; and ``(B) include competency-based applied learning that contributes to the academic knowledge, higher- order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual. ``(2) Integrated coursework.--The term `integrated coursework' means career and technical education coursework that-- ``(A) integrates academic curricula and relevant career and technical education programs; and ``(B) counts for both academic and elective career and technical education credit toward a secondary school diploma or its recognized equivalent. ``(3) Rural local educational agency.--The term `rural local educational agency' means a local educational agency that meets the eligibility requirements under-- ``(A) section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b)) for participation in the program described in subpart 1 of part B of title VI of such Act (20 U.S.C. 7345 et seq.); or ``(B) section 6221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) for participation in the program described in subpart 2 of part B of title VI of such Act (20 U.S.C. 7351 et seq.). ``(4) Rural secondary school.--The term `rural secondary school' means a secondary school served by a rural local educational agency. ``(5) Year.--The term `year' where applied to service as a teacher means an academic year as defined by the Secretary.''. (b) Direct Loan Program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (1) in subsection (c)(3)-- (A) in the header, by striking ``science, or special education'' and inserting ``science, special education, or career and technical education coursework at rural secondary schools''; (B) in subparagraph (A)(ii), by striking ``and'' after the semicolon; (C) in subparagraph (B)(iii), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following new subparagraph: ``(C) a teacher at a rural secondary school-- ``(i) who meets the requirements of subsection (b); and ``(ii) whose qualifying employment for purposes of such subsection is teaching career and technical education coursework on a full- time basis, including at least one course or credit that is integrated coursework.''; and (2) by amending subsection (h) to read as follows: ``(h) Definitions.--For the purpose of this section: ``(1) Career and technical education.--The term `career and technical education' means organized educational activities that-- ``(A) offer a sequence of courses that-- ``(i) provides individuals with coherent and rigorous content aligned with challenging academic standards and relevant technical knowledge and skills needed to prepare for further education and careers in current or emerging professions; ``(ii) provides a secondary school diploma or its recognized equivalent; and ``(iii) may include prerequisite courses (other than a remedial course) that meet the requirements of this subparagraph; and ``(B) include competency-based applied learning that contributes to the academic knowledge, higher- order reasoning and problem-solving skills, work attitudes, general employability skills, technical skills, and occupation-specific skills, and knowledge of all aspects of an industry, including entrepreneurship, of an individual. ``(2) Integrated coursework.--The term `integrated coursework' means career and technical education coursework that-- ``(A) integrates academic curricula and relevant career and technical education programs; and ``(B) counts for both academic and elective career and technical education credit toward a secondary school diploma or its recognized equivalent. ``(3) Rural local educational agency.--The term `rural local educational agency' means a local educational agency that meets the eligibility requirements under-- ``(A) section 6211(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b)) for participation in the program described in subpart 1 of part B of title VI of such Act (20 U.S.C. 7345 et seq.); or ``(B) section 6221(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7351(b)) for participation in the program described in subpart 2 of part B of title VI of such Act (20 U.S.C. 7351 et seq.). ``(4) Rural secondary school.--The term `rural secondary school' means a secondary school served by a rural local educational agency. ``(5) Year.--The term `year' where applied to service as a teacher means an academic year as defined by the Secretary.''.

Rural Career and Technical Education Expansion Act of 2009 - Amends the Higher Education Act of 1965 to require the Secretary of Education to assume or cancel a loan made under the Federal Family Education Loan (FFEL) or the Direct Loan programs to an individual who: (1) has been employed as a teacher at a rural secondary school for five consecutive complete program years; (2) is not in default on the loan they seek forgiveness; and (3) whose qualifying employment is teaching career and technical education coursework on a full-time basis, including at least one course or credit that is integrated coursework.

To provide loan forgiveness to teachers of integrated career and technical education coursework at rural secondary schools.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Emergency Management Improvement Act of 2006''. TITLE I--FEDERAL EMERGENCY MANAGEMENT AGENCY SEC. 101. ESTABLISHMENT OF AGENCY AND DIRECTOR AND DEPUTY DIRECTOR. (a) Establishment.--The Federal Emergency Management Agency is established as an independent establishment in the executive branch as defined under section 104 of title 5, United States Code. (b) Director.-- (1) In general.--The Director of the Federal Emergency Management Agency shall be the head of the Federal Emergency Management Agency. The Director shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall report directly to the President. (2) Qualifications.--The Director of the Federal Emergency Management Agency shall have significant experience, knowledge, training, and expertise in the area of emergency preparedness, response, recovery, and mitigation as related to natural disasters and other national cataclysmic events. (3) Executive schedule position.--Section 5312 of title 5, United States Code, is amended by adding at the end the following: ``Director of the Federal Emergency Management Agency.''. (c) Deputy Director.-- (1) In general.--The Deputy Director of the Federal Emergency Management Agency shall assist the Director of the Federal Emergency Management Agency. The Deputy Director shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications.--The Deputy Director of the Federal Emergency Management Agency shall have significant experience, knowledge, training, and expertise in the area of emergency preparedness, response, recovery, and mitigation as related to natural disasters and other national cataclysmic events. (3) Executive schedule position.--Section 5313 of title 5, United States Code, is amended by adding at the end the following: ``Deputy Director of the Federal Emergency Management Agency.''. SEC. 102. FUNCTIONS. (a) In General.--The functions of the Federal Emergency Management Agency include the following: (1) All functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (2) Carrying out its mission to reduce the loss of life and property and protect the Nation from all hazards by leading and supporting the Nation in a comprehensive, risk-based emergency management program of-- (A) mitigation, by taking sustained actions to reduce or eliminate long-term risk to people and property from hazards and their effects; (B) planning for building the emergency management profession to prepare effectively for, mitigate against, respond to, and recover from any hazard; (C) response, by conducting emergency operations to save lives and property through positioning emergency equipment and supplies, through evacuating potential victims, through providing food, water, shelter, and medical care to those in need, and through restoring critical public services; (D) recovery, by rebuilding communities so individuals, businesses, and governments can function on their own, return to normal life, and protect against future hazards; and (E) increased efficiencies, by coordinating efforts relating to mitigation, planning, response, and recovery. (b) Federal Response Plan.-- (1) Role of fema.--Notwithstanding any provision of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Federal Emergency Management Agency shall remain the lead agency for the Federal Response Plan established under Executive Order No. 12148 (44 Fed. Reg. 43239) and Executive Order No. 12656 (53 Fed. Reg. 47491). (2) Revision of response plan.--Not later than 60 days after the date of enactment of this Act, the Director of the Federal Emergency Management Agency shall revise the Federal Response Plan to reflect the establishment of the Federal Emergency Management Agency as an independent establishment under this Act. (c) Technical and Conforming Amendments.-- (1) In general.--Section 507 of the Homeland Security Act of 2002 (6 U.S.C. 317) is repealed. (2) Other provisions.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended-- (A) in section 430(c)-- (i) in paragraph (7), by adding ``and'' at the end; (ii) by striking paragraph (8); and (iii) by redesignating paragraph (9) as paragraph (8); and (B) in section 503-- (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (3) Table of contents.--The table of contents for the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by striking the item relating to section 507. SEC. 103. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to detract from the Department of Homeland Security's primary mission to secure the homeland from terrorist attacks. TITLE II--TRANSFER AND SAVINGS PROVISIONS SEC. 201. DEFINITIONS. In this title, unless otherwise provided or indicated by the context-- (1) the term ``Federal agency'' has the meaning given to the term ``agency'' by section 551(1) of title 5, United States Code; (2) the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (3) the term ``office'' includes any office, administration, agency, institute, unit, organizational entity, or component thereof. SEC. 202. TRANSFER OF FUNCTIONS. There are transferred to the Federal Emergency Management Agency established under section 101 of this Act all functions which the Director of the Federal Emergency Management Agency of the Department of Homeland Security exercised before the date of the enactment of this title. SEC. 203. PERSONNEL PROVISIONS. (a) Appointments.--The Director of the Federal Emergency Management Agency may appoint and fix the compensation of such officers and employees, including investigators, attorneys, and administrative law judges, as may be necessary to carry out the respective functions transferred under this title. Except as otherwise provided by law, such officers and employees shall be appointed in accordance with the civil service laws and their compensation fixed in accordance with title 5, United States Code. (b) Experts and Consultants.--The Director of the Federal Emergency Management Agency may obtain the services of experts and consultants in accordance with section 3109 of title 5, United States Code, and compensate such experts and consultants for each day (including traveltime) at rates not in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of such title. The Director of the Federal Emergency Management Agency may pay experts and consultants who are serving away from their homes or regular place of business, travel expenses and per diem in lieu of subsistence at rates authorized by sections 5702 and 5703 of such title for persons in Government service employed intermittently. SEC. 204. DELEGATION AND ASSIGNMENT. Except where otherwise expressly prohibited by law or otherwise provided by this title, the Director of the Federal Emergency Management Agency may delegate any of the functions transferred to the Director of the Federal Emergency Management Agency by this title and any function transferred or granted to such Director after the effective date of this title to such officers and employees of the Federal Emergency Management Agency as the Director may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions by the Director of the Federal Emergency Management Agency under this section or under any other provision of this title shall relieve such Director of responsibility for the administration of such functions. SEC. 205. REORGANIZATION. The Director of the Federal Emergency Management Agency is authorized to allocate or reallocate any function transferred under section 202 among the officers of the Federal Emergency Management Agency, and to establish, consolidate, alter, or discontinue such organizational entities in the Federal Emergency Management Agency as may be necessary or appropriate. SEC. 206. RULES. The Director of the Federal Emergency Management Agency is authorized to prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Director determines necessary or appropriate to administer and manage the functions of the Federal Emergency Management Agency. SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND PERSONNEL. Except as otherwise provided in this title, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this title, subject to section 1531 of title 31, United States Code, shall be transferred to the Federal Emergency Management Agency. Unexpended funds transferred pursuant to this section shall be used only for the purposes for which the funds were originally authorized and appropriated. SEC. 208. INCIDENTAL TRANSFERS. The Director of the Office of Management and Budget, at such time or times as the Director shall provide, is authorized to make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title. SEC. 209. EFFECT ON PERSONNEL. (a) In General.--Except as otherwise provided by this title, the transfer pursuant to this title of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer of such employee under this title. (b) Executive Schedule Positions.--Except as otherwise provided in this title, any person who, on the day preceding the effective date of this title, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed in the Federal Emergency Management Agency to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position. SEC. 210. SAVINGS PROVISIONS. (a) Continuing Effect of Legal Documents.--All orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions-- (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this title, and (2) which are in effect at the time this title takes effect, or were final before the effective date of this title and are to become effective on or after the effective date of this title, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Director of the Federal Emergency Management Agency or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Proceedings Not Affected.--The provisions of this title shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Federal Emergency Management Agency at the time this title takes effect, with respect to functions transferred by this title but such proceedings and applications shall continue. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. (c) Suits Not Affected.--The provisions of this title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Federal Emergency Management Agency, or by or against any individual in the official capacity of such individual as an officer of the Federal Emergency Management Agency, shall abate by reason of the enactment of this title. (e) Administrative Actions Relating to Promulgation of Regulations.--Any administrative action relating to the preparation or promulgation of a regulation by the Federal Emergency Management Agency relating to a function transferred under this title may be continued by the Federal Emergency Management Agency with the same effect as if this title had not been enacted. SEC. 211. SEPARABILITY. If a provision of this title or its application to any person or circumstance is held invalid, neither the remainder of this title nor the application of the provision to other persons or circumstances shall be affected. SEC. 212. TRANSITION. The Director of the Federal Emergency Management Agency is authorized to utilize-- (1) the services of such officers, employees, and other personnel of the Federal Emergency Management Agency with respect to functions transferred by this title; and (2) funds appropriated to such functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this title. SEC. 213. REFERENCES. Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department, agency, or office from which a function is transferred by this title-- (1) to the head of such department, agency, or office is deemed to refer to the head of the department, agency, or office to which such function is transferred; or (2) to such department, agency, or office is deemed to refer to the department, agency, or office to which such function is transferred. SEC. 214. ADDITIONAL CONFORMING AMENDMENTS. (a) Recommended Legislation.--After consultation with the appropriate committees of the Congress and the Director of the Office of Management and Budget, the Director of the Federal Emergency Management Agency shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this Act. (b) Submission to Congress.--Not later than 6 months after the effective date of this title, the Director of the Federal Emergency Management Agency shall submit the recommended legislation referred to under subsection (a).

Federal Emergency Management Improvement Act of 2006 - Reestablishes the Federal Emergency Management Agency (FEMA) as an independent establishment in the executive branch. Requires FEMA to be headed by a Director appointed by the President, by and with the advice and consent of the Senate. Requires FEMA to: (1) include all functions and authorities prescribed by the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (2) carry out its mission to reduce the loss of life and property and protect the nation from all hazards with a comprehensive, risk-based emergency management program. Requires FEMA to remain the lead agency for the Federal Response Plan.

A bill to establish the Federal Emergency Management Agency as an independent agency, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Kenai Mountains-Turnagain Arm National Heritage Corridor Act of 2001''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Kenai Mountains-Turnagain Arm transportation corridor is a major gateway to Alaska and includes a range of transportation routes used first by indigenous people who were followed by pioneers who settled the Nation's last frontier; (2) the natural history and scenic splendor of the region are equally outstanding; vistas of nature's power include evidence of earthquake subsidence, recent avalanches, retreating glaciers and tidal action along Turnagain Arm, which has the world's second greatest tidal range; (3) the cultural landscape formed by indigenous people and then by settlement, transportation and modern resource development in this rugged and often treacherous natural setting stands as powerful testimony to the human fortitude, perseverance, and resourcefulness that is America's proudest heritage from the people who settled the frontier; (4) there is a national interest in recognizing, preserving, promoting, and interpreting these resources; (5) the Kenai Mountains-Turnagain Arm region is geographically and culturally cohesive because it is defined by a corridor of historic routes--trail, water, railroad, and roadways through a distinct landscape of mountains, lakes, and fjords; (6) national significance of separate elements of the region include, but are not limited to, the Iditarod National Historic Trail, the Seward Highway National Scenic Byway, and the Alaska Railroad National Scenic Railroad; (7) national Heritage Corridor designation provides for the interpretation of these routes, as well as the national historic districts and numerous historic routes in the region as part of the whole picture of human history in the wider transportation corridor including early Native trade routes, connections by waterway, mining trail, and other routes; (8) national Heritage Corridor designation also provides communities within the region with the motivation and means for ``grass roots'' regional coordination and partnerships with each other and with borough, State, and Federal agencies; and (9) national Heritage Corridor designation is supported by the Kenai Peninsula Historical Association, the Seward Historical Commission, the Seward City Council, the Hope and Sunrise Historical Society, the Hope Chamber of Commerce, the Alaska Association for Historic Preservation, the Cooper Landing Community Club, the Alaska Wilderness Recreation and Tourism Association, Anchorage Historic Properties, the Anchorage Convention and Visitors Bureau, the Cook Inlet Historical Society, the Moose Pass Sportsman's Club, the Alaska Historical Commission, the Girdwood Board of Supervisors, the Kenai River Special Management Area Advisory Board, the Bird/ Indian Community Council, the Kenai Peninsula Borough Trails Commission, the Alaska Division of Parks and Recreation, the Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal Assembly. (b) Purposes.--The purposes of this Act are-- (1) to recognize, preserve, and interpret the historic and modern resource development and cultural landscapes of the Kenai Mountains-Turnagain Arm historic transportation corridor, and to promote and facilitate the public enjoyment of these resources; and (2) to foster, through financial and technical assistance, the development of cooperative planning and partnerships among the communities and borough, State, and Federal Government entities. SEC. 3. DEFINITIONS In this Act: (1) Heritage corridor.--The term ``Heritage Corridor'' means the Kenai Mountains-Turnagain Arm National Heritage Corridor established by section 4(a) of this Act. (2) Management entity.--The term ``management entity'' means the 11 member Board of Directors of the Kenai Mountains- Turnagain Arm National Heritage Corridor Communities Association, a non-profit corporation, established in accordance with the laws of the State of Alaska. (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Corridor. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE CORRIDOR. (a) Establishment.--There is established the Kenai Mountains- Turnagain Arm National Heritage Corridor. (b) Boundaries.--The Heritage Corridor shall comprise the lands ion the Kenai Mountains and upper Turnagain Arm region generally depicted on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage Corridor'', numbered ``Map #KMTA--1, and dated ``August 1999''. The map shall be on file and available for public inspection in the offices of the Alaska Regional Office of the National Park Service and in the offices of the Alaska State Heritage Preservation Officer. SEC. 5. MANAGEMENT ENTITY. (a) To carry out the purposes of this Act, the Secretary shall enter into a cooperative agreement with the management entity. The cooperative agreement shall be prepared with public participation and shall include information relating to the objectives and management of the Heritage Corridor, including the following: (1) A discussion of the goals and objectives of the Heritage Corridor. (2) An explanation of the proposed approach to conservation and interpretation of the Heritage Corridor. (3) A general outline of the protection measures, to which the management entity commits. (b) Nothing in this Act authorizes the management entity to assume any management authorities or responsibilities on Federal lands. (c) Representatives of other organizations shall be invited and encouraged to participate with the management entity and in the development and implementation of the management plan, including but not limited to: The State Division of Parks and Outdoor Recreation; the State Division of Mining, Land and Water; the Forest Service; the State Historic Preservation Office; the Kenia Peninsula Borough, the Municipality of Anchorage; the Alaska Railroad, the Alaska Department of Transportation; and the National Park Service. SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. (a) Management plan.-- (1) In general.--Not later than 3 years after the Secretary enters into a cooperative agreement with the management entity, the management entity shall develop a management plan for the Heritage Corridor, taking into consideration existing Federal, State, borough, and local plans. (2) Contents.--The management plan shall include, but not be limited to-- (A) comprehensive recommendations for conservation, funding, management, and development of the Heritage Corridor; (B) a description of agreements on actions to be carried out by public and private organizations to protect the resources of the Heritage Corridor; (C) a list of specific and potential sources of funding to protect, manage, and develop the Heritage Corridor; (D) an inventory of the known cultural and historic resources contained in the Heritage Corridor; and (E) a description of the role and participation of other Federal, State, and local agencies that have jurisdiction on lands within the Heritage Corridor. (b) Priorities.--The management entity shall give priority to the implementation of actions, goals, and policies set forth in the cooperative agreement with the Secretary and the management plan, including assisting communities within the region in-- (1) carrying out programs which recognize important resource values in the Heritage Corridor; (2) encouraging economic viability in the affected communities; (3) establishing and maintaining interpretive exhibits in the Heritage Corridor; (4) improving and interpreting heritage trails; (5) increasing public awareness and appreciation for the natural, historical, and cultural resources and modern resource development of the Heritage Corridor; (6) restoring historic buildings and structures that are located within the boundaries of the Heritage Corridor; and (7) ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are placed throughout the Heritage Corridor. (c) Public Meetings.--The management entity shall conduct 2 or more public meetings each year regarding the initiation and implementation of the management plan for the Heritage Corridor. The management entity shall place a notice of each such meeting in a newspaper of general circulation in the Heritage Corridor and shall make the minutes of the meeting available to the public. SEC. 7. DUTIES OF THE SECRETARY. In accordance with the terms and conditions of the cooperative agreement and upon the request of the management entity, and subject to the availability of funds, the Secretary may provide administrative, technical, financial, design, development, and operations assistance to carry out the purposes of this Act. SEC. 8. SAVINGS PROVISIONS. (a)Regulatory Authority.--Nothing in this Act shall be construed to grant powers of zoning or management of land use to the management entity of the Heritage Corridor. (b) Effect on Authority of Governments.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to manage or regulate any use of land as provided for by law or regulation. (c) Effect on Business.--Nothing in this Act shall be construed to obstruct or limit business activity on private development or resource development activities. SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY. The management entity may not use funds appropriated to carry out the purposes of this Act to acquire real property or interest in real property. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) First Year.--For the first year $350,000 is authorized to be appropriated to carry our the purposes of this Act, and is made available upon the Secretary and the management entity entering into a cooperative agreement as authorized in section 3. (b) In General.--There is authorized to be appropriated not more than $1,000,000 to carry out the purposes of this Act for any fiscal year after the first year. Not more than $10,000,000, in the aggregate, may be appropriated for the Heritage Corridor. (c) Matching Funds.--Federal funding provided under this Act shall be matched at least 25 percent by other funds or in-kind services. (d) Sunset Provision.--The Secretary may not make any grant or provide any assistance under this Act beyond 15 years from the date that the Secretary and management entity complete a cooperative agreement. Passed the Senate August 3, 2001. Attest: JERI THOMSON, Secretary.

Kenai Mountains-Turnagain Arm National Heritage Corridor Act of 2001 - Establishes in Alaska the Kenai Mountains-Turnagain Arm National Heritage Corridor.Requires: (1) the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association (management entity); and (2) the management entity to develop a management plan for the Corridor.Authorizes appropriations. Earmarks funds, under specified conditions, to carry out this Act for the first year. Limits funds for any fiscal year thereafter, including the aggregate amount to be appropriated for the Corridor. Requires Federal funding provided under this Act to be matched at least 25 percent by other funds or in-kind services.Prohibits the Secretary from making grants or providing any assistance beyond 15 years from the date that the Secretary and management entity complete a cooperative agreement.

A bill to establish the Kenai Mountains-Turnagain Arm National Heritage Corridor in the State of Alaska, and for other purposes.

SECTION 1. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY PROJECTS. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2009, with each project to be carried out in the amount specified for each project: (1) Construction of an 80-bed replacement facility in Palo Alto, California, to replace a seismically unsafe acute psychiatric inpatient building, in an amount not to exceed $54,000,000. (2) Construction of an outpatient clinic to meet the increased demand for diagnostic procedures, ambulatory surgery, and specialty care in Lee County, Florida, in an amount not to exceed $131,800,000. (3) Seismic corrections to Building 1 at the Department of Veterans Affairs Medical Center in San Juan, Puerto Rico, in an amount not to exceed $225,900,000. (4) Construction of a facility for a state-of-the-art polytrauma healthcare and rehabilitation center in San Antonio, Texas, in an amount not to exceed $66,000,000. SEC. 2. EXTENSION OF AUTHORIZATION FOR MAJOR MEDICAL FACILITY CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED. The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2009, as originally authorized by section 801 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109-461; 120 Stat. 3442) and as follows with each project to be carried out in the amount specified for that project: (1) Replacement of the Department of Veterans Affairs Medical Center, Denver, Colorado, in an amount not to exceed $769,200,000. (2) Restoration, new construction, or replacement of the medical center facility for the Department of Veterans Affairs Medical Center, New Orleans, Louisiana, due to damage from Hurricane Katrina, in an amount not to exceed $625,000,000. SEC. 3. AUTHORIZATION OF FISCAL YEAR 2009 MAJOR MEDICAL FACILITY LEASES. The Secretary of Veterans Affairs may carry out the following major medical facility leases in fiscal year 2009 at the locations specified, and in an amount for each lease not to exceed the amount shown for each such location: (1) For an outpatient clinic, Brandon, Florida, $4,326,000. (2) For a community-based outpatient clinic, Colorado Springs, Colorado, $3,995,000. (3) For an outpatient clinic, Eugene, Oregon, $5,826,000. (4) For expansion of an outpatient clinic, Green Bay, Wisconsin, $5,891,000. (5) For an outpatient clinic, Greenville, South Carolina, $3,731,000. (6) For a community-based outpatient clinic, Mansfield, Ohio, $2,212,000. (7) For a satellite outpatient clinic, Mayaguez, Puerto Rico, $6,276,000. (8) For a community-based outpatient clinic for Southeast Phoenix, Mesa, Arizona, $5,106,000. (9) For interim research space, Palo Alto, California, $8,636,000. (10) For expansion of a community-based outpatient clinic, Savannah, Georgia, $3,168,000. (11) For a community-based outpatient clinic for Northwest Phoenix, Sun City, Arizona, $2,295,000. (12) For a primary care annex, Tampa, Florida, $8,652,000. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations for Major Medical Facility Projects.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2009 for the Construction, Major Projects, account-- (1) $477,700,000 for the projects authorized in section 1; and (2) $1,394,200,000 for projects whose authorization is extended by section 2. (b) Authorization of Appropriations for Medical Facility Leases.-- There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2009 for the Medical Facilities account, $60,114,000 for the leases authorized in section 3. (c) Limitation.--The projects authorized in sections 1 and 2 may only be carried out using-- (1) funds appropriated for fiscal year 2009 pursuant to the authorization of appropriations in subsection (a) of this section; (2) funds available for Construction, Major Projects, for a fiscal year before fiscal year 2009 that remain available for obligation; (3) funds available for Construction, Major Projects, for a fiscal year after fiscal year 2009 that remain available for obligation; (4) funds appropriated for Construction, Major Projects, for fiscal year 2009 for a category of activity not specific to a project; (5) funds appropriated for Construction, Major Projects, for a fiscal year before 2009 for a category of activity not specific to a project; and (6) funds appropriated for Construction, Major Projects, for a fiscal year after 2009 for a category of activity not specific to a project.

Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects (projects) in FY2009 in: (1) Palo Alto, California; (2) Lee County, Florida; (3) San Juan, Puerto Rico; and (4) San Antonio, Texas. Authorizes the Secretary to carry out projects in FY2009, as originally authorized under the Veterans Benefits, Health Care, and Information Technology Act of 2006, for Department of Veterans Affairs (VA) medical centers in Denver, Colorado, and New Orleans, Louisiana. Authorizes the Secretary to carry out specified major medical facility leases (leases) in Arizona, California, Colorado, Florida, Georgia, Ohio, Oregon, Puerto Rico, South Carolina, and Wisconsin. Authorizes appropriations for projects and leases authorized under this Act.

A bill to authorize major medical facility projects and major medical facility leases for the Department of Veterans Affairs for fiscal year 2009, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Explosives Detection Canine Capacity Building Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Behavioral standards.--The term ``behavioral standards'' means standards for the evaluation of explosives detection working canines for certain factors, including canine temperament, work drive, suitability for training, environmental factors used in evaluations, and canine familiarity with natural or man-made surfaces or working conditions relevant to the canine's expected work area. (2) Medical standards.--The term ``medical standards'' means standards for the evaluation of explosives detection working canines for certain factors, including canine health, management of heredity health conditions, breeding practices, genetics, pedigree, and long-term health tracking. (3) Technical standards.--The term ``technical standards'' means standards for the evaluation of explosives detection working canines for certain factors, including canine search techniques, handler-canine communication, detection testing conditions and logistics, and learned explosive odor libraries. SEC. 3. DOMESTIC CAPACITY DEVELOPMENT. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Administrator of the Transportation Security Administration, shall establish a working group to determine ways to develop a decentralized domestic canine breeding network to produce high quality explosives detection canines and modernize canine training standards. (b) Working Group Composition.--The working group established under subsection (a) shall be comprised of representatives from the following: (1) The Transportation Security Administration. (2) The Science and Technology Directorate of the Department of Homeland Security. (3) National domestic canine associations with expertise in breeding and pedigree. (4) Universities with expertise related to explosives detection canines and canine breeding. (5) Domestic canine breeders and vendors. (c) Chairpersons.--The Administrator for the Transportation Security Administration shall approve of two individuals from among the representatives of the working group specified in subsection (b) to serve as the Chairpersons of the working group. One such Chairperson shall be from the entities specified in paragraphs (1) and (2) of such subsection, and the other such Chairperson shall be from the entities specified in paragraphs (3), (4), and (5) of such subsection. (d) Preliminary Standards and Recommendations.--Not later than 180 days after the establishment of the working group under subsection (a), such working group shall submit to the Administrator of the Transportation Security Administration preliminary behavioral standards, medical standards, and technical standards for the domestic canine breeding network and canine training described in such subsection, including recommendations on how the Transportation Security Administration can engage stakeholders to further the development of such network and training. (e) Strategy.--Not later than 180 days after submission of recommendations to the Administrator of the Transportation Security Administration under subsection (c), the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a strategy for expanding the domestic canine breeding network described in subsection (a), based on such recommendations. (f) Consultation.--In developing the strategy required under subsection (e), the Administrator of the Transportation Security Administration shall consult with the Under Secretary for Science and Technology of the Department of Homeland Security, the Commissioner for U.S. Customs and Border Protection, the Director of the United States Secret Service, and the heads of other Department of Homeland Security components determined appropriate by the Administrator to incorporate, to the extent practicable, mission needs across the Department for an expanded domestic explosives detection canine breeding network that can be leveraged to help meet the Department's operational needs. (g) Sunset.--The working group established under subsection (a) shall terminate on the date that is 2 years after the submission of the strategy required under subsection (e). SEC. 4. ACQUIRING BASELINE CAPACITY. (a) In General.--Not later than 270 days after the submission of recommendations to the Administrator of the Transportation Security Administration under section 3, the Administrator shall issue baseline behavioral standards, medical standards, and technical standards for explosives detection canines. (b) Standards.--The baseline behavioral standards, medical standards, and technical standards referred to in subsection (a) shall be incorporated, as appropriate, into all statements of work for the Transportation Security Administration explosives detection canine contracts and reflect the detection capabilities required to effectively mitigate terrorist threats. Such standards may be revised by the Administrator of the Transportation Security Administration, as necessary. SEC. 5. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the working group established under this Act. Passed the House of Representatives January 9, 2018. Attest: KAREN L. HAAS, Clerk.

Domestic Explosives Detection Canine Capacity Building Act of 2017 (Sec. 3) This bill directs the Transportation Security Administration (TSA) to establish a working group to determine ways to develop a decentralized domestic canine breeding network to produce high quality explosives detection canines and modernize canine training standards. The working group shall be comprised of representatives from the TSA, the Science and Technology Directorate of the Department of Homeland Security (DHS), national domestic canine associations with expertise in breeding and pedigree, universities with expertise related to explosives detection canines and canine breeding, and domestic canine breeders and vendors. The working group shall submit to the TSA preliminary behavioral standards, medical standards, and technical standards for the domestic canine breeding network and canine training, including recommendations on how the TSA can engage stakeholders to further the development of such network and training. The TSA shall submit a strategy for expanding the network based on such recommendations. The TSA, in developing the strategy, must consult with other DHS officials to incorporate mission needs across DHS for an expanded domestic explosives detection canine breeding network that can be leveraged to help meet DHS's operational needs. The working group shall terminate two years after submitting the strategy. (Sec. 4) The TSA shall issue baseline behavioral standards, medical standards, and technical standards for explosives detection canines. Such standards shall be incorporated into all statements of work for the TSA explosives detection canine contracts and reflect the detection capabilities required to effectively mitigate terrorist threats. (Sec. 5) The requirements of the Federal Advisory Committee Act shall not apply to the working group.

Domestic Explosives Detection Canine Capacity Building Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Competitive Pricing Act of 2002''. SEC. 2. AMENDMENTS. Section 2 of the Act of March 9, 1945 (59 Stat. 34; 15 U.S.C. 1012), commonly known as the McCarran-Ferguson Act, is amended-- (1) in subsection (b)-- (A) by striking ``: Provided, That after June 30, 1948,'' and inserting ``, except that'', (B) by inserting ``section 5 of'' after ``Clayton Act, and'', (C) by inserting ``as such section 5 relates to monopolies, attempts to monopolize, and unlawful restraints of trade,'' after ``Commission Act, as amended,'', and (D) by striking ``that such business'' and all that follows through ``law.'' and inserting the following: ``that-- ``(1) such business is not regulated by State law; or ``(2) the conduct of a person engaged in such business involves-- ``(A) price fixing; ``(B) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; ``(C) unlawfully tying the sale or purchase of-- ``(i) one type of insurance to the sale or purchase of another type of insurance; or ``(ii) any type of insurance to the sale or purchase of any other service or product; or ``(D) monopolizing, or attempting to monopolize, any part of the business of insurance.'', and (2) by adding at the end the following: ``(c) The conduct referred to in subsection (b)(2) shall not include making a contract, or engaging in a combination or conspiracy-- ``(1) to collect, compile, or disseminate historical loss data; ``(2) to determine a loss development factor applicable to historical loss data; or ``(3) to perform actuarial services if such contract, combination, or conspiracy does not involve a restraint of trade. ``(d) The conduct referred to in subsection (b)(2) shall not include making a contract, or engaging in a combination or conspiracy, to determine a trend factor-- ``(1) during the transition period; and ``(2) in the case of a person with a policyholders' surplus of less than $10,000,000 or a policyholders' surplus of less than $100,000,000 and whose direct written insurance premiums for the line of business in question constitutes less than a 2.5 percent share of the total market in the most recently ended 1-year period in every jurisdiction in which the person is engaged in the business of insurance and which is not more than 50 percent owned or controlled by another person engaged in the business of insurance and which does not, together with other persons engaging in such conduct have, in the aggregate, in the then most recently completed 1-year period, 20 percent or more of the relevant market in the line of insurance involved. ``(e) For purposes of this section-- ``(1) the term `historical loss data' means information respecting claims paid, or reserves held for claims reported, by any person engaged in the business of insurance; ``(2) the term `loss development factor' means an adjustment to be made to reserves held for losses incurred for claims reported by any person engaged in the business of insurance, for the purpose of bringing such reserves to an ultimate paid basis; ``(3) the term `transition period' means-- ``(A) the 4-year period beginning on the effective date of the Insurance Competitive Pricing Act of 2002, in the case of a person-- ``(i) that wrote insurance having an aggregate amount of annual premiums less than $20,000,000; and ``(ii) not more than 50 percent of which was owned or controlled by another person engaged in the business of insurance; in the then most recently ended 1-year period; or ``(B) the 2-year period beginning on such effective date, in the case of any person to which subparagraph (A) does not apply; and ``(4) the term `trend factor' means an adjustment to be made to losses incurred for claims reported by any person engaged in the business of insurance, to reflect a change in inflation or any other change in the estimated loss costs incurred by persons engaged in the business of insurance.''. SEC. 3. EFFECTIVE DATE. This Act shall take effect 1 year after the date of the enactment of this Act.

Insurance Competitive Pricing Act of 2002 - Amends the McCarran-Ferguson Act to eliminate the antitrust exemption applicable to the business of insurance where the conduct involves: (1) price fixing; (2) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; (3) unlawfully tying the sale or purchase of one type of insurance to the sale or purchase of another type of insurance or any other service or product; or (4) monopolizing, or attempting to monopolize, any part of such business.Retains such exemption for conduct involving the making of a contract, or engaging in a combination or conspiracy, to: (1) collect or disseminate historical loss data; (2) determine a loss development factor applicable to such data; (3) perform actuarial services if such contract, combination, or conspiracy does not involve restraint of trade; or (4) determine a trend factor (an adjustment to reflect a change in inflation or any other change in the estimated loss costs incurred by certain persons engaged in the business of insurance) during a specified transition period.

To modify the antitrust exemption applicable to the business of insurance.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Rural Health Care Fairness and Medicare Equity Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Equalizing urban and rural standardized payment amounts under the medicare inpatient hospital prospective payment system. Sec. 3. Adjustment to wage index. Sec. 4. Floor on area wage adjustment factors used under medicare PPS for inpatient and outpatient hospital services. Sec. 5. Establishment of alternative guidelines for geographic reclassification of certain hospitals located in sparsely populated States. Sec. 6. Establishment of floor on work geographic adjustment. SEC. 2. EQUALIZING URBAN AND RURAL STANDARDIZED PAYMENT AMOUNTS UNDER THE MEDICARE INPATIENT HOSPITAL PROSPECTIVE PAYMENT SYSTEM. (a) In General.--Section 1886(d)(3)(A)(iv) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(A)(iv)) is amended-- (1) by striking ``(iv) For discharges'' and inserting ``(iv)(I) Subject to subclause (II), for discharges''; and (2) by adding at the end the following new subclause: ``(II) For discharges occurring in a fiscal year beginning with fiscal year 2004, the Secretary shall compute a standardized amount for hospitals located in any area within the United States and within each region equal to the standardized amount computed for the previous fiscal year under this subparagraph for hospitals located in a large urban area (or, beginning with fiscal year 2005, for hospitals located in any area) increased by the applicable percentage increase under subsection (b)(3)(B)(i) for the fiscal year involved.''. (b) Conforming Amendments.-- (1) Computing drg-specific rates.--Section 1886(d)(3)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(D)) is amended-- (A) in the heading, by striking ``in different areas''; (B) in the matter preceding clause (i), by striking ``each of which is''; (C) in clause (i)-- (i) in the matter preceding subclause (I), by inserting ``for fiscal years before fiscal year 2004,'' before ``for hospitals''; and (ii) in subclause (II), by striking ``and'' after the semicolon at the end; (D) in clause (ii)-- (i) in the matter preceding subclause (I), by inserting ``for fiscal years before fiscal year 2004,'' before ``for hospitals''; and (ii) in subclause (II), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following new clause: ``(iii) for a fiscal year beginning after fiscal year 2003, for hospitals located in all areas, to the product of-- ``(I) the applicable operating standardized amount (computed under subparagraph (A)), reduced under subparagraph (B), and adjusted or reduced under subparagraph (C) for the fiscal year; and ``(II) the weighting factor (determined under paragraph (4)(B)) for that diagnosis- related group.''. (2) Technical conforming sunset.--Section 1886(d)(3) of the Social Security Act (42 U.S.C. 1395ww(d)(3)) is amended-- (A) in the matter preceding subparagraph (A), by inserting ``, for fiscal years before fiscal year 1997,'' before ``a regional adjusted DRG prospective payment rate''; and (B) in subparagraph (D), in the matter preceding clause (i), by inserting ``, for fiscal years before fiscal year 1997,'' before ``a regional DRG prospective payment rate for each region,''. SEC. 3. ADJUSTMENT TO WAGE INDEX. (a) In General.--Section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)) is amended-- (1) by striking ``wage levels.--The Secretary'' and inserting ``wage levels.-- ``(i) In general.--Except as provided in clause (ii), the Secretary''; and (2) by adding at the end the following new clause: ``(ii) Alternative proportion to be adjusted beginning in fiscal year 2004.-- ``(I) In general.--Except as provided in subclause (II), for discharges occurring on or after October 1, 2003, the Secretary shall substitute `62 percent' for the proportion described in the first sentence of clause (i). ``(II) Hold harmless for certain hospitals.--If the application of subclause (I) would result in lower payments to a hospital than would otherwise be made, then this subparagraph shall be applied as if this clause had not been enacted. (b) Waiving Budget Neutrality.--Section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)), as amended by subsection (a), is amended by adding at the end of clause (i) the following new sentence: ``The Secretary shall apply the previous sentence for any period as if the amendments made by section 3(a) of the Rural Health Care Fairness and Medicare Equity Act of 2003 had not been enacted.''. SEC. 4. FLOOR ON AREA WAGE ADJUSTMENT FACTORS USED UNDER MEDICARE PPS FOR INPATIENT AND OUTPATIENT HOSPITAL SERVICES. (a) Inpatient PPS.--Section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)), as amended by section 3(a), is amended-- (1) in clause (i), by striking ``clause (ii)'' and inserting ``clauses (ii) and (iii)''; and (2) by adding at the end the following new clause: ``(iii) Floor on area wage adjustment factor.-- ``(I) In general.--Notwithstanding clause (i), in determining payments under this subsection for discharges occurring on or after October 1, 2003, the Secretary shall substitute a factor of 0.85 for any factor that would otherwise apply under such clause that is less than 0.85. ``(II) Applicability.--Nothing in this clause shall be construed as authorizing the application of subclause (I) to adjustments for area wage levels made under other payment systems established under this title (other than the payment system under section 1833(t)) to which the factors established under clause (i) apply.''. (b) Outpatient PPS.--Section 1833(t)(2) of the Social Security Act (42 U.S.C. 1395l(t)(2)) is amended by adding at the end the following new sentence: ``For purposes of subparagraph (D) for items and services furnished on or after October 1, 2003, if the factors established under clause (i) of section 1886(d)(3)(E) are used to adjust for relative differences in labor and labor-related costs under the payment system established under this subsection, the provisions of clause (iii) of such section (relating to a floor on area wage adjustment factor) shall apply to such factors, as used in this subsection, in the same manner and to the same extent (including waiving the applicability of the requirement for such floor to be applied in a budget neutral manner) as they apply to factors under section 1886.''. (c) Waiving Budget Neutrality.--The last sentence of section 1886(d)(3)(E) of the Social Security Act (42 U.S.C. 1395ww(d)(3)(E)), as added by section 3(b), is amended by striking ``section 3(a)'' and inserting ``sections 3(a) and 4(a)''. SEC. 5. ESTABLISHMENT OF ALTERNATIVE GUIDELINES FOR GEOGRAPHIC RECLASSIFICATION OF CERTAIN HOSPITALS LOCATED IN SPARSELY POPULATED STATES. (a) Alternative Guidelines for Reclassification.--Notwithstanding the guidelines published under section 1886(d)(10)(D)(i)(I) of the Social Security Act (42 U.S.C. 1395ww(d)(10)(D)(i)(I)), the Secretary of Health and Human Services shall publish and use alternative guidelines under which-- (1) a hospital or a group of hospitals described in subsection (b) qualifies for geographic reclassification under such section for a fiscal year beginning with fiscal year 2005 for the purposes of using the other area's standardized amount for inpatient operating costs, wage index value, or both, or, in the case of a group of hospitals, for the purposes of using both the other area's standardized amount for inpatient operating costs and wage index value; and (2) a hospital or group of hospitals seeking to be reclassified is required to demonstrate that the hospital meets the criteria to be reclassified to the area to which such hospital seeks to be reclassified, except that, in the case of an individual hospital, the hospital does not meet the proximity criteria applicable with respect to such area, or, in the case of a group of hospitals, the group does not meet the adjacency criteria applicable with respect to such area. (b) Hospitals Covered.--A hospital or a group of hospitals described in this subsection is a hospital or group of hospitals that-- (1) is located in a State with less than 20 people per square mile (as determined by the Secretary); and (2) seeks to be reclassified to an area within the State in which such hospital or group is located. SEC. 6. ESTABLISHMENT OF FLOOR ON WORK GEOGRAPHIC ADJUSTMENT. Section 1848(e)(1) of the Social Security Act (42 U.S.C. 1395w- 4(e)(1)) is amended by adding at the end the following new subparagraph: ``(E) Floor at 1.0 on work geographic indices.-- After calculating the work geographic indices in subparagraph (A)(iii), for purposes of payment for services furnished on or after January 1, 2004, the Secretary shall increase the work geographic index to 1.00 for any locality for which such geographic index is less than 1.00.''.

Rural Health Care Fairness and Medicare Equity Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services, for discharges occurring in a fiscal year beginning with FY 2004, to compute a standardized amount for hospitals in rural and small urban areas that is equal to the standardized amount computed for the previous fiscal year for hospitals located in a large urban area increased by the applicable percentage increase for the fiscal year involved.Sets the wage index at 62 percent for discharges occurring in FY 2004, except that hospitals receiving lower payments as a result of such new wage index would be held harmless.Creates a wage index floor for use in determining payments for discharges occurring in FY 2004 for hospitals with a wage index under 0.85.Directs the Secretary to publish and use alternative guidelines for geographic reclassification of certain hospitals located in sparsely populated States.Establishes a floor of 1.00 for the work geographic cost-of-practice index under the physician payment system.

A bill to amend title XVIII of the Social Security Act to provide for national standardized payment amounts for inpatient hospital services furnished under the medicare program and to make other rural health care improvements.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Addiction Treatment Expansion Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Addiction to and abuse of opiates has devastating repercussions for individuals, families, and the country. The health and social consequences of drug abuse include risk of HIV/AIDS and other health impacts, as well as repercussions for families, schools, the workplace, and prisons. (2) According to household surveys, younger and wider segments of the population are abusing heroin. Heroin was the leading illicit drug among treatment admissions in 2000, reported by 15 percent of the 1.6 million substance abuse treatment admissions. (3) Between 1992 and 2000, heroin admissions for treatment increased by 44 percent, and the number of admissions for new users increased by 52 percent. Most disturbing, the proportion of new heroin users admitted for treatment who were under age 25 grew from 30 to 41 percent from 1992 to 2000. In 1992, 48 percent of new heroin users age 18 to 24 reported injection as the route of administration. By 2000, that figure had grown to 63 percent. (4) Between 81 and 86 percent of new heroin users admitted for treatment have reported daily heroin use since 1992. Substantial numbers of heroin users also abuse other drugs, chiefly including cocaine and marijuana. (5) Abuse of narcotic pain medications is also a serious and increasing problem. According to the Drug Abuse Warning Network (``DAWN''), drug-abuse-related emergency room visits attributable to abuse of narcotic pain medications rose 45 percent from 2000 to 2002, and 20 percent over just one year from 2001 to 2002. Stemming and preventing such prescription medication abuse will require a multi-pronged approach, including major educational efforts and an increase of substance abuse treatment options and capacity. (6) The Nation has had a longstanding goal of reducing the myriad costs to society of drug addiction, and increasing access to addiction treatment. (7) The National Institute on Drug Abuse has had a longstanding research and development program, designed to increase the availability of viable therapeutic interventions for drug addiction. (8) The availability of new therapies and new methods of providing therapy will both reach new populations and increase the amount of treatment capacity available. (9) Congress, recognizing the crucial importance of expanding drug addiction treatment options and capacity, enacted the Drug Addiction Treatment Act of 2000 (``DATA law'') (title XXXV of the Children's Health Act of 2000; Public Law 106-310) to allow qualified practitioners to prescribe addiction treatment medications from their office settings as long as the number of patients to whom the practitioners provide such treatment does not exceed 30 patients. (10) Since enactment of the DATA law, a new treatment option already has been approved by the Food and Drug Administration and is now available for qualified practitioners to prescribe for their patients, as a direct result of the commitment of Congress and the Federal Government to reduce the social and personal impact of the illness of drug addiction. (11) For practitioners in a group practice, the DATA law established a single 30-patient limit for the entire group practice, rather than a 30-patient limit per practitioner. Qualified and trained practitioners practicing addiction treatment in group practice settings and academic health centers have realized an unexpected negative impact on their ability to serve their patients effectively and as anticipated by the DATA law, as a result of the law's patient limitation on group practices. (12) Neither Congress nor the DATA law intended that the quality of care would be less for patients receiving care in group practices, which are a principal mode of health care delivery in the United States. (13) The DATA law's 30-patient limit on group practices is having the unintended consequence of denying addiction treatment to patients who seek and require it, in direct contrast to the overall purpose of such law. SEC. 3. MAINTENANCE OR DETOXIFICATION TREATMENT WITH CERTAIN NARCOTIC DRUGS; ELIMINATION OF 30-PATIENT LIMIT FOR GROUP PRACTICES. (a) In General.--Section 303(g)(2)(B) of the Controlled Substance Act (21 U.S.C. 823(g)(2)(B)) is amended by striking clause (iv). (b) Conforming Amendment.--Section 303(g)(2)(B) of the Controlled Substance Act (21 U.S.C. 823(g)(2)(B)) is amended in clause (iii) by striking ``In any case'' and all that follows through ``the total'' and inserting ``The total''.

Drug Addiction Treatment Expansion Act of 2003 - Amends the Controlled Substances Act to eliminate the 30-patient limit for medical practitioners in group practices that may dispense specified narcotic drugs for maintenance or detoxification treatment.

To amend the Controlled Substances Act to lift the patient limitation on prescribing drug addiction treatments by medical practitioners in group practices, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Development Financial Institutions Fund Amendments Act of 1998''. (b) Table of Contents.--The table of contents for this Act follows: Sec. 1. Short title; table of contents. Sec. 2. Technical corrections to reflect status of the Fund within Treasury Department; miscellaneous technical corrections. Sec. 3. Amendments to programs administered by the Fund. Sec. 4. Extension of authorization. Sec. 5. Amendments to Small Business Capital Enhancement Program. SEC. 2. TECHNICAL CORRECTIONS TO REFLECT STATUS OF THE FUND WITHIN TREASURY DEPARTMENT; MISCELLANEOUS TECHNICAL CORRECTIONS. (a) Purpose.--Section 102(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701(b)) is amended to read as follows: ``(b) Purpose.--The purpose of this subtitle is to create a Community Development Financial Institutions Fund to promote economic revitalization and community development through investment in and assistance to community development financial institutions, including enhancing the liquidity of community development financial institutions, and through incentives to insured depository institutions that increase lending and other assistance and investment in both economically distressed communities and community development financial institutions.''. (b) Definitions.-- (1) Section 103 of the Community Development Banking and Financial Institutions Act of 1994 is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (21) as paragraphs (1) through (20), respectively. (2) The Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended (other than in section 118) by striking ``Administrator'' each place it appears and inserting instead ``Secretary of the Treasury''. (c) Establishment of Fund Within Treasury Department.-- (1) In general.--Section 104(a) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(a)) is amended to read as follows: ``(a) Establishment.-- ``(1) In general.--There is established in the Department of the Treasury a Community Development Financial Institutions Fund that shall have the functions specified by this subtitle and subtitle B of Title II. The offices of the Fund shall be in Washington, D.C. The Fund shall not be affiliated with any other agency or department of the Federal Government. ``(2) Wholly owned government corporation.--The Fund shall be a wholly owned government corporation within the Department of the Treasury and shall be treated in all respects as an agency of the United States, except as otherwise provided in this subtitle.''. (2) Authority of the secretary of the treasury.--Section 104(b) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4703(b)) is amended to read as follows: ``(b) Management of Fund.-- ``(1) Authority of secretary of the treasury.--All functions of the Fund shall be performed by or under the supervision of the Secretary of the Treasury. ``(2) Appointment of officers and employees.--The Secretary of the Treasury may appoint such officers and employees of the Fund, including a Director, as the Secretary deems necessary or appropriate.''. (3) Inspector general.-- (A) In general.--Section 118 of the Community Development Banking and Financial Institutions Act of 1994 is amended to read as follows: ``SEC. 118. INSPECTOR GENERAL. ``The Inspector General of the Department of the Treasury shall be the Inspector General of the Fund.''. (B) Technical and conforming amendment.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App. 3) is amended-- (i) in paragraph (1), by striking ``; the Administrator of the Community Development Financial Institutions Fund;''; and (ii) in paragraph (2), by striking ``the Community Development Financial Institutions Fund,''. (4) Technical correction to rulemaking authority.--Section 119(a)(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4717(a)(1)) is amended to read as follows: ``(1) In general.--The Secretary of the Treasury may promulgate such regulations and procedures as may be necessary to carry out this subtitle.''. SEC. 3. AMENDMENTS TO PROGRAMS ADMINISTERED BY THE FUND. (a) Amendments to Community Development Financial Institutions Program.-- (1) Form of assistance provided.--Section 108(a)(1)(B)(iii) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4707(a)(1)(B)(iii)) is amended by inserting ``through cooperative agreements or'' before ``by contracting''. (2) Training programs.--Section 109(d) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4708(d)) is amended to read as follows: ``(d) Form.--The Fund may offer the training program described in this section directly, through grants, contracts, or cooperative agreements with other organizations. The Fund may provide the training through grants, contracts, or cooperative agreements with organizations that possess special expertise in community development, without regard to whether the organizations receive or are eligible to receive assistance under this subtitle.''. (b) Amendments to the Bank Enterprise Act Awards Program.-- (1) Awards for assistance to community development financial institutions.--Section 233(a)(2) of the Bank Enterprise Act (12 U.S.C. 1834a(a)(2)) is amended-- (A) by striking ``for for'' in the text preceding subparagraph (A) and inserting ``for''; (B) in subparagraph (A), by striking ``for low- and moderate-income persons'' and inserting ``to community development financial institutions, low- and moderate- income persons''; and (C) in subparagraph (B)-- (i) by inserting ``of the increase'' after ``the amount''; and (ii) by striking ``financial'' each place such term appears. (2) Increase in award amounts for certain activities.-- Section 114(b)(2) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4713(b)(2)) is amended by amending the substitute text used to apply section 233(a)(3) of the Bank Enterprise Act of 1991-- (A) in subparagraph (A), by inserting ``and (2)(B)'' after ``paragraph (2)(A)''; (B) in subparagraph (A)(i), by inserting ``each'' before ``such subparagraph''; and (C) in subparagraph (A)(ii), by inserting ``each'' before ``such subparagraph''. (3) Awarding credit for additional qualified activities.-- Section 233(a)(4) of the Bank Enterprise Act (12 U.S.C. 1834a(a)(4)) is amended-- (A) in the text preceding subparagraph (A), by inserting ``and (2)(B)'' after ``paragraph (2)(A)''; and (B) by adding at the end the following new subparagraph: ``(P) Other forms of assistance that the Board deems appropriate. (4) Evaluation of technical assistance provided.--Section 233(a)(7) of the Bank Enterprise Act (12 U.S.C. 1834a(a)(7)) is amended-- (A) by inserting ``and other'' after ``technical''; and (B) by striking ``and (O)'' and inserting instead ``(O), and (P)''. (5) Establishing alternative criteria in defining certain distressed communities.--Section 233(b)(4)(C) of the Bank Enterprise Act (12 U.S.C. 1834a(b)(4)(C)) is amended by inserting ``or alternative'' before ``eligibility requirements''. SEC. 4. EXTENSION OF AUTHORIZATION. Section 121(a)(1) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4718(a)(1)) is amended to read as follows: ``(1) In general.--There are authorized to be appropriated to the Fund, to remain available until expended, such funds as may be necessary to carry out this subtitle and subtitle B of title II.''. SEC. 5. AMENDMENTS TO SMALL BUSINESS CAPITAL ENHANCEMENT PROGRAM. (a) Definition of Financial Institution.--Section 252(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4742(5)) is amended by inserting ``any community development financial institution (as defined in section 103(5) of this Act) and,'' before ``any federally chartered''. (b) Elimination of Threshold Appropriation.--Section 253 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4743) is amended by striking subsection (d) and redesignating subsection (e) as subsection (d). (c) Conforming Amendment.--Section 254(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4744(a)) is amended by inserting ``(if any)'' after ``appropriate Federal banking agency''. (d) Amendments to Reimbursement Authority.--Section 257(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4747(a)) is amended to read as follows-- ``(a) Reimbursements.--The Fund shall reimburse participating States according to criteria established by the Fund. Such criteria may include whether a participating State is creating a new program, is expanding in scope or scale an existing State program, the need for Fund reimbursement, the availability of Fund resources, and other criteria established by the Fund. Not later than 30 calendar days after receiving a report filed in compliance with section 256, the Fund shall reimburse a participating State meeting such criteria in an amount equal to up to 50 percent of the amount of contributions by the participating State to the reserve funds that are subject to reimbursement by the Fund pursuant to section 256 and this section, until such sums made available by the Fund for this purpose are expended.''. (e) Conforming Amendment.--Section 260 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4750) is repealed.

Community Development Financial Institutions Fund Amendments Act of 1998 - Modifies the Community Development Banking and Financial Institutions Act of 1994 to expand its purposes to include promotion of economic revitalization and community development through incentives to insured depository institutions that increase lending and other assistance and investment in both economically distressed communities and community development financial institutions. (Sec. 2) Places the Community Development Financial Institutions Fund in the Department of the Treasury, and all Fund functions under the supervision of the Secretary of the Treasury. (Sec. 3) Authorizes the Fund to offer community development finance activity training programs through grants or cooperative agreements with other organizations (as well as directly or through contracts). Authorizes an insured depository institution to apply for any community enterprise assessment credit for any semiannual period for the amount of new originations of qualified loans and other assistance provided to community development financial institutions in distressed communities. Allows application for credit for the amount of the increase (currently, the amount) of deposits accepted from persons domiciled in the distressed community. Allows credits for assistance other than financial. Revises the formula for determining the amount of an assessment credit for all such activities with respect to new lifeline accounts. Expands the scope of assistance that the Community Enterprise Assessment Credit Board may take into account for purposes of community enterprise assessment credits. Permits the Board to: (1) establish guidelines for analyzing other than technical assistance by an institution to residents of a qualified distressed community; and (2) employ alternative criteria for defining distressed communities. (Sec. 4) Amends the Act to extend the authorization of appropriations for the Act and for small business capital enhancement. (Sec. 5) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to redefine a financial institution to include a community development financial institution. Repeals the prior appropriations prerequisite to State participation in the Small Business Capital Enhancement Program. Revises reimbursement guidelines to declare that participating States shall be reimbursed according to criteria established by the Fund, which may include: (1) whether a participating State is creating a new program, or is expanding in scope or scale an existing State program; (2) the need for Fund reimbursement; and (3) the availability of Fund resources.

Community Development Financial Institutions Fund Amendments Act of 1998

SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced 529 - Setting Aside for a Valuable Education Act'' or the ``Enhanced 529 - S.A.V.E. Act''. SEC. 2. CREDIT FOR CONTRIBUTIONS TO 529 PLANS. (a) In General.--Paragraph (1) of section 25B(d) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (B)(ii), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(D) the amount of the contributions to qualified tuition programs described in paragraph (2) made by the eligible individual.''. (b) Contributions to Qualified Tuition Programs.--Subsection (d) of section 25B of the Internal Revenue Code of 1986 is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: ``(2) Contributions to qualified tuition programs.-- ``(A) In general.--The term `contributions to qualified tuition programs' means any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if-- ``(i) the eligible individual has the power to authorize distributions and otherwise administer the account, and ``(ii) the designated beneficiary of such purchase or contribution is the eligible individual, the eligible individual's spouse, or an individual with respect to whom the eligible individual is allowed a deduction under section 151. ``(B) Limitation based on compensation.--The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of-- ``(i) the compensation (as defined in section 219(f)(1)) includible in the eligible individual's gross income for the taxable year, and ``(ii) the amount excluded from the eligible individual's gross income under section 112 (relating to combat pay) for such year. ``(C) Determination of adjusted gross income.-- Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as contributions to qualified tuition programs, adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of-- ``(i) the social security benefits received during the taxable year (within the meaning of section 86), over ``(ii) the amount included in gross income for such year under section 86.''. (c) Conforming Amendments.-- (1) Section 25B of the Internal Revenue Code of 1986 is amended by striking ``qualified retirement savings'' each place it appears and inserting ``qualified savings''. (2) The heading of subsection (d) of section 25B of such Code is amended by striking ``Retirement''. (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended-- (A) by striking ``paragraph (1)'' the first place it appears and inserting ``paragraph (1) or (2)'', and (B) by striking ``paragraph (1)'' the second place it appears and inserting ``paragraph (1), or (2), as the case may be,''. (4) The heading for section 25B of such Code is amended by striking ``and ira contributions'' and inserting ``, ira contributions, and qualified tuition program contributions''. (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: ``Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals.''. (d) Effective Date.--The amendments made by this section shall apply to contributions made after December 31, 2014, in taxable years ending after such date. SEC. 3. EXCLUSION FROM GROSS INCOME FOR EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: ``SEC. 127A. EMPLOYER CONTRIBUTIONS TO QUALIFIED TUITION PROGRAMS. ``(a) In General.--Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (c). ``(b) Maximum Exclusion.--The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $600. ``(c) Qualified Tuition Assistance Program.--For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees-- ``(1) under which the employer makes matching contributions to qualified tuition programs of-- ``(A) such employees, ``(B) their spouses, or ``(C) any individual with respect to whom such an employee or spouse-- ``(i) is allowed a deduction under section 151, and ``(ii) has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and ``(2) which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified tuition program.--The term `qualified tuition program' means a qualified tuition program as defined in section 529(b). ``(2) Employee and employer.--The terms `employee' and `employer' shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). ``(3) Applicable rules.--Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2015, the $600 amount contained in subsection (b)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2014' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. ``(f) Cross Reference.--For reporting and recordkeeping requirements, see section 6039D.''. (b) Exclusion From Employment Taxes.-- (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting ``, 127A'' after ``127'' each place it appears. (2) Section 3231(e)(6) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (c) Reporting and Recordkeeping Requirements.--Section 6039D(d)(1) of such Code is amended by inserting ``, 127A'' after ``127''. (d) Other Conforming Amendments.-- (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting ``, 127A'' after ``127'' each place it appears. (2) Section 132(j)(8) of such Code is amended by striking ``section 127'' and inserting ``section 127 or 127A''. (3) Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: ``(iii) Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer.''. (4) Section 209(a)(15) of the Social Security Act (42 U.S.C. 409(a)(15)) is amended by striking ``or 129'' and inserting ``, 127A, or 129''. (e) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: ``Sec. 127A. Employer contributions to qualified tuition programs.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

Enhanced 529 - Setting Aside for a Valuable Education Act or the Enhanced 529 - S.A.V.E. Act - Amends the Internal Revenue Code to: (1) allow a tax credit for contributions to a qualified tuition program (529 tuition program); and (2) allow an exclusion, up to $600, from the gross income of an employee for employer contributions to a 529 tuition program.

Enhanced 529 - S.A.V.E. Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Status Resolution Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) In 1898, Puerto Rico became a United States territory and persons born in Puerto Rico have been granted United States citizenship by law since March 2, 1917. (2) Puerto Rico has been granted authority over local matters that is similar to the authority that the several States possess, but Puerto Rico remains subject to the powers of Congress under the Territory Clause of the Constitution of the United States. (3) The approximately 3,700,000 residents of Puerto Rico do not have a democratic form of government at the national level, because United States citizens residing in the territory are disenfranchised in the election for the President and the Vice President of the United States, are not represented in the United States Senate, and their one representative in the United States House of Representatives can only vote in committees of the United States House of Representatives. (4) The Federal Government may--and often does--treat Puerto Rico and its residents unequally under Federal program, tax, and other laws relative to the several States and the District of Columbia and their residents. (5) On November 6, 2012, the Government of Puerto Rico held a two-part referendum. The first question asked voters if Puerto Rico ``should continue to have its present form of territorial status''. Of the 1,798,987 voters who chose an option, 53.97 percent voted against continued territorial status. (6) The second question asked voters to express their preference among the three possible alternatives to territorial status: statehood, independence, and nationhood in free association with the United States. Of the 1,363,854 voters who chose an option, 61.16 percent voted for statehood. (7) The number of votes cast in favor of statehood exceeded the number of votes cast in favor of continued territorial status. (b) Purpose.--The purpose of this Act is to provide for a federally authorized ratification vote in Puerto Rico on the admission of Puerto Rico into the Union as a State and, if a majority of voters ratify Puerto Rico's desire for statehood, to describe the steps that the President and Congress shall take to enable the admission of Puerto Rico as a State of the Union. SEC. 3. RATIFICATION VOTE. The State Elections Commission of Puerto Rico is authorized to provide for a ratification vote on the admission of Puerto Rico into the Union as a State, in accordance with rules and regulations determined by the Commission, including qualifications for voter eligibility, with the following on the ballot: ``As a State: ``(A) Puerto Rico would be permanently united to the other States of the Union. ``(B) All provisions of the Constitution of the United States that apply to the States would apply to Puerto Rico. ``(C) Individuals born in Puerto Rico would be United States citizens by virtue of the Constitution of the United States, instead of by virtue of laws of the United States. ``(D) Puerto Rico would be treated equally with the other States in all Federal laws of general application. ``(E) There would be a period of transition to statehood, during which equal treatment of Puerto Rico in program and tax laws would be phased in. ``(F) Puerto Rico would be represented in the United States Senate by two Senators, in the United States House of Representatives by a number of Representatives in proportion to its share of the national population (and the number of Members of the House of Representatives would be increased by the same number), and for the election of the President and the Vice President of the United States by a number of votes in the Electoral College equal to the number of its Senators and Representatives. ``(G) The Government of Puerto Rico, like the governments of the other States, would have permanent authority over all matters not delegated to the Federal Government or the people by the Constitution of the United States. Do you want Puerto Rico to be admitted as a State of the United States? Yes__ No__''. SEC. 4. IMPLEMENTATION. (a) Presidential Action.--If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, the President, not later than 180 days after the certification of the vote, shall submit to Congress legislation to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act. (b) Legislative Action.--If a majority of votes cast in the ratification vote held under section 3 are for the admission of Puerto Rico as a State of the Union, this Act constitutes a commitment by Congress to act, through legislation, to admit Puerto Rico as a State of the Union on an equal footing with the several States in all respects, consistent with the terms of this Act.

Puerto Rico Status Resolution Act - Authorizes the State Elections Commission of Puerto Rico to provide for a ratification vote on the admission of Puerto Rico as a state of the United States on an equal footing with the several states in all respects. Requires (if a majority of votes cast in the ratification vote are for the admission of Puerto Rico as a state): (1) the President to submit to Congress legislation to admit Puerto Rico as a state, and (2) Congress to act, through legislation, to admit Puerto Rico as a state.

Puerto Rico Status Resolution Act

SECTION 1. ENHANCED SUPERVISION OF CERTAIN BANK HOLDING COMPANIES. (a) Table of Contents.--The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) is amended by striking the item relating to section 113 and inserting the following: ``Sec. 113. Authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies.''. (b) Revisions to Council Authority.-- (1) Purposes and duties.--Section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5322) is amended in subsection (a)(2)(I) by inserting before the semicolon ``, which have been the subject of a final determination under section 113''. (2) Bank holding company designation.--Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5323) is amended-- (A) by amending the heading for such section to read as follows: ``authority to require enhanced supervision and regulation of certain nonbank financial companies and certain bank holding companies''; (B) by redesignating subsections (c), (d), (e), (f), (g), (h), and (i) as subsections (d), (e), (f), (g), (h), (i), and (j), respectively; (C) by inserting after subsection (b) the following: ``(c) Bank Holding Companies Subject to Enhanced Supervision and Prudential Standards Under Section 165.-- ``(1) In general.--There is a determination that bank holding companies with total consolidated assets equal to or greater than $250,000,000,000 shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165. ``(2) Enhanced supervision for certain bank holding companies.-- ``(A) Determination.--The Council shall review each bank holding company with total consolidated assets equal to or greater than $50,000,000,000 but less than $250,000,000,000 to determine whether such company shall be subject to enhanced supervision and prudential standards by the Board of Governors, in accordance with section 165. Such determination shall be made if the Council, on a non-delegable basis and by a vote of not fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, determines that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, could pose a threat to the financial stability of the United States. ``(B) Considerations.--In making a determination under subparagraph (A), the Council shall consider the following: ``(i) the size of the bank holding company; ``(ii) the interconnectedness of the bank holding company; ``(iii) the extent of readily available substitutes or financial institution infrastructure for the services of the bank holding company; ``(iv) the global cross-jurisdictional activity of the bank holding company; and ``(v) the complexity of the bank holding company. ``(C) Review of determination.--With respect to a bank holding company described under subparagraph (A) that is not subject to enhanced supervision and prudential standards, the Council shall perform an additional review under subparagraph (A) of such company if-- ``(i) the Council finds that the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company have significantly changed and the company should be reviewed again to determine if it may pose a threat to the financial stability of the United States; or ``(ii) a period of 36 months has passed since the bank holding company was last reviewed under subparagraph (A). ``(D) Notification of review.--If, after a review under this paragraph, the Council determines that a bank holding company described under subparagraph (A) shall be subject to enhanced supervision and prudential standards, the Council shall provide the bank holding company with written notice of such determination and an explanation of the Council's reasoning for such determination. ``(E) Termination of enhanced supervision and prudential standards.--If, with respect to a bank holding company described under subparagraph (A) that is subject to enhanced supervision and prudential standards, the Council finds, on a non-delegable basis and by a vote of not fewer than \2/3\ of the voting members then serving, including an affirmative vote by the Chairperson, that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the bank holding company, do not pose a threat to the financial stability of the United States, such company shall no longer be subject to enhanced supervision and prudential standards.''; (D) in subsection (d), as so redesignated-- (i) in paragraph (1)(A), by striking ``subsection (a)(2) or (b)(2)'' and inserting ``subsection (a)(2), (b)(2), or (c)(2)''; and (ii) in paragraph (4), by striking ``Subsections (d) through (h)'' and inserting ``Subsections (e) through (i)''; (E) in subsections (f), (g), (h), (i), and (j), as so redesignated-- (i) by striking ``subsections (a) and (b)'' each place such term appears and inserting ``subsections (a), (b), and (c)''; and (ii) by striking ``nonbank financial company'' each place such term appears and inserting ``bank holding company for which there has been a determination under subsection (c) or nonbank financial company''; (F) in subsection (g), as so redesignated, by striking ``subsection (e)'' and inserting ``subsection (f)''; (G) in subsection (h), as so redesignated, by striking ``subsection (a), (b), or (c)'' and inserting ``subsection (a), (b), (c), or (d)''; and (H) in subsection (i), as so redesignated, by striking ``subsection (d)(2), (e)(3), or (f)(5)'' and inserting ``subsection (e)(2), (f)(3), or (g)(5)''. (3) Enhanced supervision.--Section 115 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5325) is amended-- (A) in subsection (a)(1), by striking ``large, interconnected bank holding companies'' and inserting ``bank holding companies which have been the subject of a final determination under section 113''; (B) in subsection (a)(2)-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) by striking ``the Council may'' and all that follows through ``differentiate'' and inserting ``the Council may differentiate''; and (iii) by striking subparagraph (B); and (C) in subsection (b)(3), by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''. (4) Reports.--Section 116(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5326(a)) is amended by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which has been the subject of a final determination under section 113''. (5) Mitigation.--Section 121 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5331) is amended-- (A) in subsection (a), by striking ``with total consolidated assets of $50,000,000,000 or more'' and inserting ``which has been the subject of a final determination under section 113''; and (B) in subsection (c), by striking ``subsection (a) or (b) of section 113'' and inserting ``subsection (a), (b), or (c) of section 113''. (6) Office of financial research.--Section 155 of the Dodd- Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5345) is amended in subsection (d) by striking ``with total consolidated assets of $50,000,000,000 or greater'' and inserting ``which have been the subject of a final determination under section 113''. (c) Revisions to Board Authority.-- (1) Acquisitions.--Section 163 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5363) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' each place such term appears and inserting ``which has been the subject of a final determination under section 113''. (2) Management interlocks.--Section 164 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5364) is amended by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (3) Enhanced supervision and prudential standards.--Section 165 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5365) is amended-- (A) in subsection (a), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which have been the subject of a final determination under section 113''; (B) in subsection (a)(2)-- (i) by striking ``(A) In general.--''; and (ii) by striking subparagraph (B); (C) by striking ``subsections (a) and (b) of section 113'' each place such term appears and inserting ``subsections (a), (b), and (c) of section 113''; and (D) in subsection (j), by striking ``with total consolidated assets equal to or greater than $50,000,000,000'' and inserting ``which has been the subject of a final determination under section 113''. (d) Effective Date; Expedited Rulemaking Authority.-- (1) Effective date.--The amendments made by this section shall take effect on the earlier of the following: (A) the date on which the Financial Stability Oversight Council issues final regulations to carry out the amendment made by this section; or (B) the end of the 18-month period beginning on the date of the enactment of this Act. (2) Expedited rulemaking authority.--The Financial Stability Oversight Counsel and the Board of Governors of the Federal Reserve System shall-- (A) issue regulations to carry out the amendments made by this section-- (i) in proposed form, not later than the end of the 90-day period beginning on the date of the enactment of this Act; and (ii) in final form, not later than the end of the 180-day period beginning on the date of the enactment of this Act; and (B) such final regulations shall take effect not later than the end of the 1-year period beginning on the date of the enactment of this Act. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) consolidated asset size remains a factor, but only one of many factors, that should be considered in determining systemic risk; and (2) the more objective and complete processes identified in section 112 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as modified by this Act, represent a more accurate indicator of systemic risk.

Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) to authorize the Financial Stability Oversight Council to determine that a bank holding company shall be subject to enhanced supervision and prudential standards by the Board of Governors of the Federal Reserve System, if the Council makes a final determination that material financial distress at the bank holding company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of its activities could threaten the financial stability of the United States. Subjects bank holding companies with total consolidated assets of $250 billion or more to such enhanced supervision and prudential standards. Directs the Council to: (1) review each bank holding company with total consolidated assets of between $50 billion and $250 billion in order to determine whether to subject such company to such enhanced Board supervision and prudential standards; and (2) re-review within 36 months any company not subjected to enhanced Board supervision and prudential standards, or sooner if its activities have significantly changed and it might pose a threat to U.S. financial stability. Expresses the sense of Congress that: (1) consolidated asset size is only one of many factors to be considered in determining systemic risk; and (2) specified processes identified in Dodd-Frank (as modified by this Act) represent a more accurate indicator of systemic risk.

To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to specify when bank holding companies may be subject to certain enhanced supervision.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Atlantic Coastal Fisheries Cooperative Management Act of 1993''. SEC. 2. STATE-FEDERAL COOPERATION IN ATLANTIC COASTAL FISHERIES MANAGEMENT. (a) Federal Support for State Coastal Fisheries Programs.--The Secretaries shall develop and implement a program to support the fisheries management programs of the Commission. The program shall include elements to support and enhance State cooperation in-- (1) collection, management, and analysis of fisheries data; (2) law enforcement; (3) habitat conservation; (4) fisheries research, including biological and socioeconomic research; and (5) fishery management planning. (b) Federal Regulations Pertaining to an Atlantic Ocean Fishery Covered by an Interstate Fishery Management Plan.-- (1) In general.--The Secretary, after consultation with the Councils having jurisdiction over fisheries to which an interstate fishery management plan applies, may prescribe regulations to govern fishing in the exclusive economic zone that are necessary to support the effective implementation of the interstate fishery management plan adopted for a fishery for which no Federal fishery management plan is in effect. These regulations may include measures recommended by the Commission that are necessary to support the provisions of the interstate fishery management plan for that fishery. (2) Superseding regulations.--Regulations issued by the Secretary to implement a Federal fishery management plan for a fishery shall supersede regulations issued by the Secretary under this section for that fishery. (3) Enforcement.--The provisions of sections 307, 308, 309, 310, and 311 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1857, 1858, 1859, 1860, and 1861) regarding prohibited acts, civil penalties, criminal offenses, civil forfeitures, and enforcement shall apply with respect to regulations prescribed under this section. SEC. 3. ADOPTION AND IMPLEMENTATION OF INTERSTATE FISHERY MANAGEMENT PLANS. (a) Adoption of Plans.-- (1) In general.--The Commission shall prepare and adopt fishery management plans or amendments to fishery management plans in accordance with this section to provide for the conservation and management of coastal fishery resources. (2) Consultation.--In preparing a fishery management plan or amendment, the Commission shall consult with the appropriate Councils to determine ways Federal fishery management plans and interstate fishery management plans may complement each other. (3) Contents.--Each fishery management plan or amendment prepared under this subsection shall-- (A) contain information regarding the status of the coastal fishery resources and fisheries covered by the plan or amendment; (B) identify each State that is required to implement and enforce the plan or amendment; (C) specify actions to be taken by States to implement and comply with the plan or amendment; and (D) recommend actions for the Secretary to take in the exclusive economic zone to conserve and manage the fishery resources and fisheries covered by the plan or amendment. (4) Time frame for implementation and enforcement by states.-- (A) In general.--Except as provided in subparagraph (B), a State that is identified in an interstate fishery management plan pursuant to paragraph (3)(B) shall implement and enforce the plan within the time established in the plan. (B) Existing plans.--Not later than 90 days after the date of the enactment of this Act, the Commission shall develop a schedule for States to implement and enforce of interstate fishery management plans adopted by the Commission before the date of the enactment of this Act. The schedule shall require each State with a declared interest in a plan to implement and enforce that plan within 1 year after the date of the enactment of this Act. (5) Adoption of standards and procedures for the preparation of interstate fishery management plans.--Within 1 year after the date of enactment of this Act, the Commission shall establish standards and procedures to govern the preparation of interstate fishery management plans under this Act, including standards and procedures to ensure that-- (A) such plans promote the conservation of fish stocks throughout their ranges and are based on the best scientific information available, and (B) the Commission provides adequate opportunity for public participation in the plan preparation process.''. (b) Commission Monitoring of State Implementation and Enforcement.--Within 1 year after the date of the enactment of this Act and at least annually thereafter, the Commission shall-- (1) review each interstate fishery management plan and determine whether each State which has declared an interest in the plan, or that is required under the plan to implement and enforce the plan, has implemented and enforced the plan; and (2) submit a report on the results of that review to the Secretaries. SEC. 4. STATE NONCOMPLIANCE WITH INTERSTATE FISHERY MANAGEMENT PLANS. (a) Determination.--The Commission shall determine that a State is not in compliance with an interstate fishery management plan if it finds that the State has not implemented and enforced the plan within the period established under section 3(a)(4). (b) Notification.--If the Commission determines under subsection (a) that a State is not in compliance with an interstate fishery management plan, the Commission shall notify the Secretaries of that determination within 10 working days. The notification shall include the reasons for making the determination and specify an explicit list of actions that the affected State must take to comply with the interstate fishery management plan. The Commission shall provide a copy of the notification to the State. (c) Monitoring; Withdrawal of Determination.--After making a determination under subsection (a) regarding a State, the Commission shall continue to monitor implementation and enforcement of the plan by the State. On finding that a State has taken all actions specified in the notification issued under subsection (b), the Commission shall promptly notify the Secretaries that the State is in compliance. SEC. 5. SECRETARIAL ACTION. (a) Secretarial Review of Commission Determination of Noncompliance.--Within 30 days after receiving a notification regarding a State from the Commission under section 4(b), the Secretary, in consultation with the Secretary of the Interior, shall review the Commission's determination of noncompliance and determine whether-- (1) the State has failed to implement and enforce the interstate fishery management plan in question; (2) the measures which the State has failed to implement and enforce are necessary to conserve and manage the fishery in question; and (3) in the case of an interstate fishery management plan adopted after January 1, 1995, the plan in question was prepared under the standards and procedures required to be established by the Commission under section 3(a)(5). (b) Comments.--In making a determination under subsection (a), the Secretary shall-- (1) give careful consideration to the comments of the State that the Commission has determined under section 4(a) is not in compliance with an interstate fishery management plan, and provide that State, upon request, the opportunity to meet with and present its comments directly to the Secretary; and (2) solicit, review, and consider the comments of the Commission and the appropriate councils. (c) Declaration of Moratorium.--On determining under subsection (a) that a State has failed to implement and enforce an interstate fishery management plan, the Secretary shall declare a moratorium on fishing for the species covered by the plan within the waters of that State. The Secretary shall establish the effective date of the moratorium to commence at any time within 6 months following the declaration. (d) Suspension of Moratorium.--On notification by the Commission under section 4(c) that a State is in compliance with an interstate fishery management plan, the Secretary shall terminate the moratorium declared under subsection (c) affecting fish species covered by that plan. (e) Regulations.-- (1) In general.--The Secretary shall prescribe regulations necessary to implement this Act. (2) Content.--These regulations-- (A) may provide for the possession and use of fish which have been produced in an aquaculture operation, subject to applicable State regulations; and (B) shall allow for the retention of fish that are subject to a moratorium declared under subsection (c) and unavoidably taken as incidental catch in fisheries directed toward menhaden, if-- (i) discarding the retained fish is impracticable; (ii) the retained fish do not constitute a significant portion of the catch of the vessel; and (iii) the retention of the fish will not, in the judgment of the Secretary, adversely affect the conservation of the species of fish retained. (f) Prohibited Acts During Moratorium.--During a moratorium a person may not-- (1) engage in fishing for a species of fish subject to a moratorium within waters of the State subject to the moratorium; (2) land, attempt to land, or possess fish that are caught, taken, or harvested in violation of the moratorium, this Act, or any regulation promulgated under this Act; (3) fail to return to the water immediately, with a minimum of injury, any fish subject to a moratorium taken in waters of a State under a moratorium incidental to fishing for species other than those to which the moratorium applies, except as provided by regulations prescribed under subsection (e); (4) land, within a State that is subject to a moratorium, any fish subject to a moratorium, regardless of where it was caught; (5) refuse to permit an authorized officer to board a fishing vessel to conduct a search or inspection in connection with the enforcement of this Act; (6) forcibly assault, resist, oppose, impede, intimidate, or interfere with an authorized officer attempting to conduct a search or inspection under this Act; (7) resist a lawful arrest for an act prohibited by this section; (8) ship, transport, offer for sale, sell, purchase, import, or have custody, control, or possession of, fish taken or possessed in violation of this Act; or (9) interfere with, delay, or prevent, by any means, the apprehension or arrest of a person, knowing that person has committed any act prohibited by this section. (g) Penalties.-- (1) Civil penalty.--A person violating subsection (f) of this section shall be liable to the United States for a civil penalty as provided by section 308 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858). Subsections (b) through (e) of section 308 of the Magnuson Fishery Conservation and Management Act apply to persons assessed a penalty under this paragraph. (2) Criminal penalties.--A person violating subsection (f)(5), (6), (7), or (9) is guilty of an offense punishable under subsections (a)(1) and (b) of section 309 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1859). (h) Civil Forfeitures.-- (1) Forfeiture.--A vessel (including its gear, equipment, appurtenances, stores, and cargo) used in connection with an act unlawful under subsection (f), and any fish (or the fair market value thereof) taken or retained, in any manner, in connection with, or the result of, the commission of an act prohibited under subsection (f), shall be subject to forfeiture to the United States as provided in section 310 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1860). (2) Disposal of fish.--Any fish seized pursuant to this Act may be disposed of under an order of a court of competent jurisdiction or, if perishable, in a manner provided by regulation prescribed by the Secretary. (i) Enforcement.--A moratorium declared under subsection (c) shall be enforced by the Secretaries and the Secretary of the Department in which the Coast Guard is operating, as provided in section 311 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1861 et seq.). The Secretaries may, by agreement, on a reimbursable basis or otherwise, use the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal department or agency and of any agency of a State in carrying out that enforcement. SEC. 6. FINANCIAL ASSISTANCE. The Secretaries may provide financial assistance to the Commission and to the States to carry out their respective responsibilities under this Act, including-- (1) the preparation, implementation, and enforcement of interstate fishery management plans; and (2) State activities that are specifically required in interstate fishery management plans. SEC. 7. DEFINITIONS. For the purposes of this Act, the term-- (1) ``coastal fishery resource'' means any species of fish that move among, or are broadly distributed across-- (A) waters under the jurisdiction of 2 or more States that border the Atlantic Ocean; or (B) waters under the jurisdiction of any State that borders the Atlantic Ocean and waters of the exclusive economic zone; (2) ``Commission'' means the Atlantic States Marine Fisheries Commission constituted under the interstate compact consented to and approved by the Congress in the Acts of May 4, 1942 (56 Stat. 267), and August 19, 1950 (64 Stat. 467); (3) ``Councils'' means the Regional Fishery Management Councils established under section 302 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1852) with jurisdiction over fisheries in the Atlantic Ocean; (4) ``exclusive economic zone'' means that portion in the Atlantic Ocean of the exclusive economic zone established by Presidential Proclamation Number 5030, dated March 10, 1983; (5) ``Federal Fishery management plan'' means a fishery management plan prepared by a Council or the Secretary under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); (6) ``fish'' means finfish, mollusks, crustaceans, and all other forms of marine animal life other than marine mammals and birds; (7) ``fishery'' has the meaning given that term in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802); (8) ``fishing'' has the meaning given that term in section 3 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802); (9) ``implement and enforce'' means the enactment or adoption laws, regulations, or rules as required to-- (A) comply with the provisions of an interstate fishery management plan; and (B) assure compliance with such laws, regulations, or rules by persons participating in a fishery that is subject to such plans; (10) ``interstate fishery management plan'' means-- (A) a fishery management plan or amendment adopted by the Commission under section 3; or (B) a fishery management plan or amendment for managing a coastal fishery resource adopted by the Commission before the date of the enactment of this Act; (11) ``Secretaries'' means the Secretary of Commerce and the Secretary of the Interior; (12) ``Secretary'' means the Secretary of Commerce; and (13) ``State'' means each of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, Florida, the District of Columbia, and the Potomac River Fisheries Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretaries for the purposes of carrying out the provisions of this Act $2,000,000 for each of the fiscal years 1994, 1995, and 1996. Passed the House of Representatives August 2, 1993. Attest: DONNALD K. ANDERSON, Clerk. HR 2134 RFS----2

Atlantic Coastal Fisheries Cooperative Management Act of 1993 - Directs the Secretaries of Commerce and the Interior to develop and implement a program to support the fisheries management programs of the Atlantic States Marine Fisheries Commission, including elements to support and enhance State cooperation in: (1) collection, management, and analysis of fisheries data; (2) law enforcement; (3) habitat conservation; (4) fisheries research; and (5) fishery management planning. Authorizes the Secretary of Commerce to prescribe regulations to govern fishing in the Exclusive Economic Zone that are necessary to support the effective implementation of the interstate fishery management plan adopted for a fishery for which no Federal fishery management plan is in effect. Makes specified enforcement and penalty provisions of the Magnuson Fishery Conservation and Management Act apply with respect to the regulations. Directs the Commission to prepare and adopt fishery management plans or amendments to provide for the conservation and management of coastal fishery resources. Regulates: (1) plan and amendment contents; and (2) the time frame for State implementation and enforcement. Requires the Commission to: (1) establish standards and procedures for the preparation of interstate fishery management plans under this Act; and (2) annually monitor State implementation and enforcement. Establishes procedures with respect to State noncompliance with interstate fishery management plans. Provides for review by the Secretary of Commerce of Commission determinations of noncompliance. Requires the Secretary, upon determining that a State has failed to implement and enforce an interstate fishery management plan, to declare a moratorium on fishing for the species covered by the plan within the waters of that State. Sets forth provisions regarding: (1) termination of any such moratorium upon notification by the Commission of its withdrawal of a determination of noncompliance by a State; and (2) prohibited acts during any such moratorium. Imposes civil and criminal penalties, including civil forfeiture of vessels and fish, for violations. Directs that any such moratorium be enforced by the Secretaries of Commerce and the Interior and the Secretary of the department in which the Coast Guard is operating. Authorizes appropriations.

Atlantic Coastal Fisheries Cooperative Management Act of 1993

PROCEDURES. Subsection (a) of section 7123 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Referral to Appeals Procedures.--The Secretary shall prescribe procedures by which any taxpayer may request-- ``(1) early referral of 1 or more unresolved issues from the examination or collection division to the Internal Revenue Service Office of Appeals, or ``(2) consideration by such Office of Appeals of issues included in-- ``(A) a letter of proposed deficiency described in section 6212(a)(2)(A), or ``(B) a notice of deficiency pursuant to section 6212, whether or not the taxpayer has filed a petition with the Tax Court pursuant to section 6213(a), a claim for refund, or a suit in a district court or the United States Court of Federal Claims with respect to such issues. Such regulations may limit such procedures in cases involving solely the failure or refusal to comply with the tax laws because of moral, religious, political, constitutional, conscientious, or similar grounds, or for other positions listed as frivolous under section 6702(c). Such procedures shall not be available in the case of issues designated for litigation in accordance with section 7124.''. SEC. 3. RESTRICTION ON SECRETARIAL AUTHORITY TO DESIGNATE CASES FOR LITIGATION. (a) In General.--Chapter 74 of the Internal Revenue Code of 1986 is amended by redesignating section 7124 as section 7125 and by inserting after section 7123 the following new section: ``SEC. 7124. RESTRICTION ON SECRETARIAL AUTHORITY TO DESIGNATE CASES FOR LITIGATION. ``(a) In General.--The Secretary may designate issues arising from the examination or collection division for litigation, and not permit the taxpayer to request consideration of such issues by the Internal Revenue Service Office of Appeals under section 7123(a), only to the extent such issues relate to listed transactions (as defined in section 6707A(c)(2)). ``(b) Settlement.--In offering terms under a settlement agreement for purposes of the resolution of any issues arising from the examination or collection division, the Secretary may offer terms that preclude the taxpayer from requesting consideration of such issues by the Office of Appeals under section 7123(a) only to the extent such issues relate to listed transactions (as defined in section 6707A(c)(2)).''. (b) Clerical Amendment.--The table of sections for chapter 74 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 7124 and inserting the following new items: ``Sec. 7124. Restriction on Secretarial authority to designate cases for litigation. ``Sec. 7125. Cross references.''. (c) Effective Date.--The amendments made by this section shall apply to the designation of issues for litigation, and offers of settlement terms, after April 20, 2016. SEC. 4. MODIFICATION OF AUTHORITY TO ISSUE DESIGNATED SUMMONS. (a) In General.--Paragraph (1) of section 6503(j) of the Internal Revenue Code of 1986 is amended by striking ``coordinated examination program'' and inserting ``coordinated industry case program''. (b) Designated Summons.--Clause (i) of section 6503(j)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(i) the issuance of such summons is preceded by a review and written approval of such issuance by the Large Business and International Division Commissioner and the Division Counsel of the Office of Chief Counsel (or their successors)-- ``(I) which clearly establishes that the taxpayer did not reasonably cooperate with reasonable requests by the Secretary for witnesses, documents, meetings, and interviews, and ``(II) which is attached to such summons,''. (c) Burden of Proof.--Subsection (j) of section 6503 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Burden of proof.--In any court proceeding described in paragraph (3), the Secretary shall bear the burden of proving that the corporation described in paragraph (1) did not reasonably cooperate with reasonable requests by the Secretary for witnesses, documents, meetings, and interviews.''. (d) Effective Date.--The amendments made by this section shall apply to summonses issued after April 20, 2016. SEC. 5. LIMITATION ON ACCESS OF NON-IRS EMPLOYEES TO RETURNS AND RETURN INFORMATION ACQUIRED BY SUMMONS. (a) In General.--Section 7602 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Limitation on Access of Persons Other Than IRS Officers and Employees.--The authority granted under this section may not be delegated, directly or indirectly, to any person authorized to receive returns and return information under section 6103(n).''. (b) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendment made by this section shall take effect on the date of the enactment of this Act. (2) Application to contracts in effect.--The amendment made by this section shall apply to any contract in effect under section 6103(n) of the Internal Revenue Code of 1986, pursuant to temporary Treasury Regulation section 301.7602-1T proposed in Internal Revenue Bulletin 2014-28 or any similar or successor regulation, that is in effect on the date of the enactment of this Act.

This bill amends the Internal Revenue Code to establish new procedures and requirements for administrative appeals of Internal Revenue Service (IRS) deficiency determinations. If the IRS determines that there is a deficiency with respect to a tax imposed, it may send a notice of deficiency to a taxpayer after: the taxpayer has been issued a letter of proposed deficiency that explains the basis for the determination of deficiency and provides an opportunity for administrative review in the IRS Office of Appeals; and either: (1) the time provided in the letter for contacting the office has expired and the taxpayer has not contacted the office, or (2) the office has issued a decision with respect to the deficiency. The bill includes exceptions to these requirements for frivolous tax positions and issues in cases designated for litigation. The IRS must permit a taxpayer to appeal a deficiency prior to issuing a deficiency notice if 60 or fewer days remain on the statute of limitations and the taxpayer agrees to extend the period for 12 months. The bill modifies appeals dispute resolution procedures. It also restricts the authority of the IRS to: (1) designate cases for litigation without permitting an appeal, or (2) offer settlement agreements that preclude an appeal. The bill modifies the authority of the IRS to issue a summons and limits the access that people outside of the IRS have to returns and return information acquired by a summons.

A bill to amend the Internal Revenue Code of 1986 to preserve taxpayers' rights to administrative appeal of deficiency determinations, and for other purposes.

SECTION 1. CAPITOL POWER PLANT CARBON DIOXIDE EMISSIONS DEMONSTRATION PROGRAM. Section 118 of the Clean Air Act (42 U.S.C. 7418) is amended by adding at the end the following: ``(e) Capitol Power Plant Carbon Dioxide Emissions Demonstration Program.-- ``(1) Definitions.--In this subsection: ``(A) Capitol power plant.--The term `Capitol power plant' means the power plant constructed in the vicinity of the Capitol Complex, Washington, DC, pursuant to the first section of the Act of April 28, 1904 (33 Stat. 479, chapter 1762), and designated under the first section of the Act of March 4, 1911 (2 U.S.C. 2162). ``(B) Carbon dioxide energy efficiency.--The term `carbon dioxide energy efficiency', with respect to a project, means the quantity of electricity used to power equipment for carbon dioxide capture and storage or use. ``(C) Program.--The term `program' means the competitive grant demonstration program established under paragraph (2). ``(2) Establishment of program.--The Administrator shall establish a competitive grant demonstration program under which the Administrator shall provide to eligible entities, as determined by the Administrator, grants to carry out projects to demonstrate, during the 2-year period beginning on the date of enactment of this subsection, the capture and storage or use of carbon dioxide emitted from the Capitol power plant as a result of burning coal. ``(3) Requirements.-- ``(A) Provision of grants.-- ``(i) In general.--The Administrator shall provide the grants under the program on a competitive basis. ``(ii) Factors for consideration.--In providing grants under the program, the Administrator shall take into consideration-- ``(I) the practicability of conversion by the proposed project of carbon dioxide into useful products, such as transportation fuel; ``(II) the carbon dioxide energy efficiency of the proposed project; and ``(III) whether the proposed project is able to reduce more than 1 air pollutant regulated under this Act. ``(B) Requirements for entities.--An entity that receives a grant under the program shall-- ``(i) use to carry out the project of the entity a technology designed to reduce or eliminate emission of carbon dioxide that is in existence on the date of enactment of this subsection that has been used-- ``(I) by not less than 3 other facilities (including a coal-fired power plant); and ``(II) on a scale of not less than 5 times the size of the proposed project of the entity at the Capitol power plant; and ``(ii) carry out the project of the entity in consultation and concurrence with the Architect of the Capitol. ``(4) Incentive.--In addition to the grant under this subsection, the Administrator may provide to an entity that receives such a grant an incentive award in an amount equal to not more than $50,000, of which-- ``(A) $15,000 shall be provided after the project of the entity has sustained operation for a period of 100 days, as determined by the Administrator; ``(B) $15,000 shall be provided after the project of the entity has sustained operation for a period of 200 days, as determined by the Administrator; and ``(C) $20,000 shall be provided after the project of the entity has sustained operation for a period of 300 days, as determined by the Administrator. ``(5) Termination.--The program shall terminate on the date that is 2 years after the date of enactment of this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out the program $3,000,000.''.

Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (EPA) to establish a competitive grant demonstration program to carry out projects to demonstrate the capture and storage or use of carbon dioxide emitted from the Capitol power plant in Washington, D.C., as a result of burning coal. Requires the Administrator, in providing grants, to take into consideration: (1) the practicability of conversion by the proposed project of carbon dioxide into useful products; (2) the carbon dioxide energy efficiency of the proposed project; and (3) whether the proposed project is able to reduce more than one regulated air pollutant. Requires entities that receive grants to use technology designed to reduce or eliminate emission of carbon dioxide that has been used: (1) by not less than three other facilities (including a coal-fired power plant); and (2) on a scale of not less than five times the size of the proposed project of the entity at the Capitol power plant. Requires such entities to carry out a project in consultation and concurrence with the Architect of the Capitol. Authorizes the Administrator to provide to an entity that receives such a grant an incentive award for sustained operation. Terminates the program after two years after this Act's enactment. Authorizes appropriations.

A bill to amend the Clean Air Act to reduce emissions of carbon dioxide from the Capitol power plant.

SECTION 1. SHORT TITLE. The Act may be cited as the ``Comprehensive Recycling Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds and declares the following: (1) The United States failure to manage its solid waste has resulted in critical regional and national problems. (2) Successful solid waste management requires creative use of the entire hierarchy of solid waste management, including waste reduction, recycling, waste-to-energy operations, and landfilling. (3) Recycling can play a significant role in reducing municipal waste. (4) Recycling can prevent depletion of valuable landfill space, save energy and natural resources, and provide useful products from discarded materials. (5) The failure to recycle and reuse materials is a significant and unnecessary waste of important national energy and material resources. (6) Comprehensive, multimaterial recycling programs represent the most cost-effective and efficient method of meeting recycling goals. (7) Limited or selective approaches to recycling may work to the detriment of a comprehensive national recycling effort by imposing additional costs and creating inefficiencies in the overall program. (8) The responsibility to recycle should be shared by all consumers of recyclable goods, including individual households, municipalities, and commercial and institutional establishments. (9) All Americans should be provided with an opportunity to recycle in their community, including at home and at their place of employment. (b) Purposes.--The purposes of this Act are as follows: (1) To require each State to develop and implement a comprehensive, multimaterial recycling plan to provide its citizens with the opportunity to recycle. (2) To require each State, under its plan, to eventually recycle at least 25 percent of its municipal waste stream. SEC. 3. NATIONAL POLICY. The Congress hereby establishes as a national goal the recycling of municipal waste to the maximum extent practicable, consistent with market demand for recycled materials. SEC. 4. TECHNICAL ASSISTANCE. For purposes of assisting States in carrying out this Act, the Administrator of the Environmental Protection Agency shall provide technical assistance and guidance to the States on recycling methods and opportunities, including the development of the elements for an effective comprehensive State recycling program. Such a program shall include, at a minimum, the following elements: (1) Proven approaches to separation and collection of municipal waste according to material, including metals, glass, paper, plastics, yard waste, used oil, used tires, and used batteries. (2) Guidance on local or regional drop-off centers for municipal waste separated at home or business. (3) Planning and information exchange services on successful strategies for municipal, commercial, and industrial recycling programs. (4) Planning and information exchange services on the creation of State and regional information clearinghouses on markets for secondary materials and recycled goods. SEC. 5. RECYCLING PROGRAMS. (a) Requirement for State Programs.-- (1) Within 2 years after the date of enactment of this Act, each State shall develop and implement a comprehensive multimaterial recycling program to provide its residents with an opportunity to participate and engage in recycling. (2) Each State program shall be designed to provide at least 20 percent of the State's population with an opportunity to participate in the program within 2 years after the date of enactment of this Act. Every 2 years thereafter, such program must be available to an additional 20 percent of the State's population, until such time that 100 percent of the population is provided an opportunity to participate in the recycling program. (b) Program Components.--Each State recycling program under this section shall include, at a minimum, each of the following elements: (1) Material separation and recycling.--Provisions, as determined by the States, for the separation of recyclable materials from other municipal waste generated at residential, commercial, industrial, and institutional establishments. The types of recyclable materials covered shall be designated by the State and may include metal cans, glass bottles and jars, paper, and containers made of plastic such as polyethylene terephthalate (PET) and high density polyethylene (HDPE). (2) Yard waste.--Persons at residential, commercial, and institutional establishments shall separate yard waste from other municipal waste generated at those establishments, unless those persons have provided for the composting of their yard waste. (3) Notice.--Each State or its political subdivisions shall establish a comprehensive and sustained public information and education program concerning recycling program features and requirements. (4) Preference.--In implementing its recycling program, a State or its political subdivisions shall accord consideration for the collection, processing, and marketing of recyclable materials to persons engaged in the business of recycling. (c) Alternative Programs.--A State or its municipalities, or both, shall be deemed to comply with this section if it has in place an existing program for the collection of separated materials which may provide for curbside collection, drop-off centers, regional collection centers or similar methods of collection which, in its discretion, best meets the needs of the State and its political subdivisions and which comply with the intent and requirements of this Act. SEC. 6. PROGRAM APPROVAL. Within 2 years after the date of enactment of this Act, a State shall include its comprehensive recycling program in the State solid waste management plan required by subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.). Upon approval of the recycling program component of the plan by the Administrator of the Environmental Protection Agency, the State shall be eligible to apply for Federal grants under section 4011 of the Solid Waste Disposal Act, as added by section 7, to implement the recycling program. SEC. 7. STATE GRANTS FOR RECYCLING. (a) Grants.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding at the end the following new section: ``SEC. 4011. RECYCLING GRANTS. Upon application of a State and from funds appropriated pursuant to sections 4008 and 4009, the Administrator shall make grants, subject to such terms and conditions as the Administrator considers appropriate, under this section to such State for the purpose of assisting the State in implementing the comprehensive recycling program developed by the State and approved by the Administrator under the Comprehensive Recycling Act of 1993, including activities to promote the use of recycling techniques by businesses, local governments, and regional waste management authorities. In reviewing grant applications, the Administrator shall give specific consideration to the needs of rural areas regarding the collection, separation, and transportation of such materials and the availability and maturity of the region's recyclers and markets.''. (b) Technical Amendment.--The table of contents for such Act (contained in section 1001) is amended by inserting after the item relating to section 4010 the following new item: ``4011. Recycling grants.''. SEC. 8. DEFINITIONS. For the purposes of this Act: (1) The term ``commercial, non-hazardous solid waste'' means waste which originates in private, commercial establishments or enterprises. (2) The term ``industrial waste'' means all non-hazardous solid wastes other than residential, commercial, and institutional wastes. (3) The term ``institutional waste'' means non-hazardous solid waste originating from services provided by governmental entities to the public. (4) The term ``metal cans'' means aluminum cans, bimetal cans, and ``tin'' food cans. (5) The term ``municipal waste'' means residential, commercial, institutional, and industrial waste. The term does not include source-separated materials. (6) The term ``recycling'' means (A) the collection, processing, and marketing for reuse of metals, glass, paper, plastics, used oil, yard waste, and other materials which could otherwise be disposed of or processed as municipal waste, or (B) the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel. Such term includes composting. (7) The term ``residential waste'' means solid waste originating from private households. (8) The term ``solid waste'' has the meaning given such term by section 1004(27) of the Solid Waste Disposal Act. (9) The term ``waste reduction'' means an activity or action, or a combination of activities or actions, that result in less generation of waste from production, use, and disposal of a product than would have been generated in the absence of such activities or actions. (10) The term ``yard waste'' means leaves, grass clippings, garden residues, shrubbery, tree trimmings, and similar material, but does not include land clearing debris such as tree trunks and stumps.

Comprehensive Recycling Act of 1993 - Requires the Administrator of the Environmental Protection Agency to provide technical assistance and guidance to States on recycling methods and opportunities. Directs States to develop and implement comprehensive multimaterial recycling programs. Requires such programs to be designed to provide at least 20 percent of a State's population with an opportunity to participate in such programs within two years of this Act's enactment. Provides that such programs must be available to an additional 20 percent of a State's population every two years, until the entire population is provided with such opportunity. Requires States to include recycling programs in the solid waste plan required by the Solid Waste Disposal Act. Makes States with approved plans eligible for Federal grants for recycling programs. Amends the Solid Waste Disposal Act to require the Administrator to make grants to States for implementing recycling programs.

Comprehensive Recycling Act of 1993

SECTION 1. SHORT TITLE. This Act may be cited as the ``Cabin Air Safety Act of 2017''. SEC. 2. COMMERCIAL AIR CARRIER DEFINED. In this Act, the term ``commercial air carrier'' means an air carrier operating under part 121 or 135 of title 14, Code of Federal Regulations. SEC. 3. TRAINING TO RESPOND TO SMOKE OR FUME INCIDENTS ON AIRCRAFT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations requiring flight attendants, pilots, aircraft maintenance technicians, and airport first responders and emergency response teams to receive training, not less frequently than annually, on how to respond to incidents on board aircraft involving smoke or fumes. (b) Requirements.--The training required by subsection (a) shall include the dissemination of educational materials with respect to the following: (1) Sources and types of smoke and fumes on board aircraft. (2) Odor and visual descriptors to allow an individual to recognize the presence of oil and hydraulic fluid fumes and other potentially hazardous fumes, such as fumes relating to hydraulic fluid, engine exhaust, ground service vehicle exhaust, fuel, de-icing fluid, and ozone. (3) The potential for acute or chronic impairment to an individual relating to such fumes. (4) Procedures for recognizing and responding to smoke and fumes on board aircraft. (5) An overview of the system for reporting incidents of smoke or fumes on board aircraft established under section 4(a)(2). (6) Requirements relating to reporting incidents of smoke and fumes on board aircraft to the Federal Aviation Administration under sections 4 and 6(b). SEC. 4. REPORTING OF INCIDENTS OF SMOKE OR FUMES ON BOARD AIRCRAFT. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall-- (1) develop a standardized form for flight attendants, pilots, and aircraft maintenance technicians to report incidents of smoke or fumes on board an aircraft operated by a commercial air carrier; and (2) establish a system for reporting incidents of smoke or fumes on board aircraft that allows-- (A) pilots, flight attendants, and aircraft maintenance technicians to submit the form developed under paragraph (1) to the Federal Aviation Administration; and (B) pilots, flight attendants, aircraft maintenance technicians, and commercial air carriers to search the reported incidents database compiled by the Federal Aviation Administration for the purposes of reviewing and monitoring incidents contained in the database and assisting with investigations conducted under section 5. (b) Content of Forms.--The form developed under subsection (a)(1) for reporting an incident of smoke or fumes on board an aircraft shall include sections for the following information: (1) Identification of the flight, the type of aircraft, the registration number of the aircraft, and the individual reporting the incident. (2) Information about the smoke or a fire, if relevant, including a description of the nature and apparent source of the smoke or fire. (3) Information about the fumes, including a description of the type, apparent source, smell, and visual consistency (if any) of the smoke or fumes. (4) Information about the location of the smoke or fumes. (5) Information about the engine manufacturer, engine type, the engine serial number, and the age of the engine. (6) Information about the phase of flight during which smoke or fumes were present. (7) Other observations about the smoke or fumes. (8) A description of symptoms reported by crew members and passengers. (9) Information with respect to whether crew members or passengers used, needed, or were administered supplemental or emergency oxygen. (10) Information regarding any effects on the operation of the flight. (11) Information about maintenance work conducted on the aircraft following the incident. (c) Public Availability of Reports.-- (1) In general.--Not less frequently than quarterly and subject to paragraph (2), the Administrator of the Federal Aviation Administration shall compile and make available to the public the forms developed under subsection (a)(1) and submitted to the Federal Aviation Administration. (2) Redaction.--Before making any forms available to the public under paragraph (1), the Administrator shall redact any personally identifiable information. (d) Website.--The Administrator shall develop a publicly available Internet website that contains a publicly searchable database of information on incidents of smoke or fumes on board aircraft operated by commercial air carriers that includes-- (1) the materials required to be made available to the public under subsection (c)(1); (2) materials for training crew members under section 3; and (3) statistics with respect to such incidents, which shall be disaggregated by air carrier, aircraft type, engine type, oil type, cause, and such other criteria as the Administrator considers appropriate. SEC. 5. INVESTIGATIONS. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations requiring the Federal Aviation Administration to conduct an investigation described in subsection (b), after a report is submitted to the Administration through the system for reporting incidents of smoke or fumes on board aircraft established under section 4(a)(2) and before the date that is 7 days after the incident. (b) Requirements for Investigations.--An investigation described in this subsection shall include the following: (1) Gathering factual and standardized information from all flight attendants, pilots, aircraft maintenance technicians, airport first responders, emergency response teams, and medical doctors involved in the incident. (2) Gathering any reports submitted under section 4 with respect to the incident. (3) Gathering technical findings on any replaced, worn, missing, failed, or improperly serviced components that may have resulted in the incident. (4) Identifying the cause of the incident, if possible. (c) Participation of Air Carriers and Collective Bargaining Representatives.--In conducting an investigation under this section, the Federal Aviation Administration shall-- (1) consult with the commercial air carrier involved; (2) work in conjunction with the technical representatives of the air carrier; and (3) invite the participation of the collective bargaining representative of employees of the air carrier. SEC. 6. BLEED AIR MONITORING EQUIPMENT. (a) Requirement To Include on Commercial Aircraft.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations requiring a commercial air carrier to install and operate, by not later than one year after the regulations are published in the Federal Register, a carbon monoxide detector on each bleed air stream in locations on the aircraft that include the cockpit, the cabin, crew rest areas, and each crew galley of each aircraft operated by the air carrier-- (1) to continuously monitor carbon monoxide levels in the aircraft air supply system when the aircraft is in flight; and (2) to alert the pilot and flight attendants in the event that carbon monoxide exceeds limits set forth in the national primary ambient air quality standards under section 50.8 of title 40, Code of Federal Regulations (or any corresponding similar regulation or ruling), adjusted for application at altitude. (b) Requirement for a Pilot To Report an Alarm.--The regulations prescribed under subsection (a) shall require a pilot to submit a form through the system for reporting incidents of smoke or fumes on board aircraft established under section 4(a)(2) if the alarm in a carbon monoxide detector activates during flight. (c) Inclusion of Information Relating to Carbon Monoxide Detectors in Aircraft Manuals.--Not later than one year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations requiring an aircraft manufacturer that manufactures aircraft for commercial air carriers to include procedures for responding to alarms from carbon monoxide detectors during normal and nonstandard operations in the flight operator's manual for each such aircraft produced by the manufacturer. (d) Continuing Research To Develop Sensors and Techniques To Monitor Bleed Air Quality.--The Federal Aviation Administration shall continue to research, study, and identify emerging technologies suitable to provide reliable warning of bleed air contamination, including through investigation and research into specific sensors, methods, and operational techniques to prevent fume events. (e) Rule of Construction.--Nothing in this section may be construed to imply that an investigation under section 5 is not necessary or that crew members and passengers have not been exposed to fumes if the alarm in a carbon monoxide detector installed on an aircraft is not activated. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Federal Aviation Administration such sums as may be necessary to carry out this Act. SEC. 8. EXCLUSION OF HELICOPTERS. The provisions of this Act do not apply to helicopters.

Cabin Air Safety Act of 2017 This bill requires the Federal Aviation Administration (FAA) to prescribe regulations: requiring flight attendants, pilots, aircraft maintenance technicians, and airport first responders to receive annual training on how to respond to incidents involving smoke or fumes on board aircraft, and the FAA must develop a standardized form for reporting incidents of smoke or fumes; requiring the FAA to conduct an investigation after a report is submitted about incidents of smoke or fumes on board aircraft; and requiring commercial air carriers to install and operate a carbon monoxide detector on each bleed air stream on the aircraft (bleed air is compressed air produced by gas turbines that is taken from the compressor stage and used for cabin pressurization and other purposes).

Cabin Air Safety Act of 2017

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act''. SEC. 2. FINDINGS. Congress finds that-- (1) under 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-- (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 Fort Randall and Big Bend projects are major components of the Pick-Sloan Missouri River Basin program, and contribute to the national economy by generating a substantial amount of hydropower and impounding a substantial quantity of water; (3) the Fort Randall and Big Bend projects overlie the eastern boundary of the Lower Brule Indian Reservation, having inundated the fertile, wooded bottom lands of the Tribe along the Missouri River that constituted the most productive agricultural and pastoral lands of the Lower Brule Sioux Tribe and the homeland of the members of the Tribe; (4) Public Law 85-923 (72 Stat. 1773 et seq.) authorized the acquisition of 7,997 acres of Indian land on the Lower Brule Indian Reservation for the Fort Randall project and Public Law 87-734 (76 Stat. 698 et seq.) authorized the acquisition of 14,299 acres of Indian land on the Lower Brule Indian Reservation for the Big Bend project; (5) Public Law 87-734 (76 Stat. 698 et seq.) provided for the mitigation of the effects of the Fort Randall and Big Bend projects on the Lower Brule Indian Reservation, by directing the Secretary of the Army to-- (A) as necessary, by reason of the Big Bend project, protect, replace, relocate, or reconstruct-- (i) any essential governmental and agency facilities on the reservation, including schools, hospitals, offices of the Public Health Service and the Bureau of Indian Affairs, service buildings, and employee quarters existing at the time that the projects were carried out; and (ii) roads, bridges, and incidental matters or facilities in connection with those facilities; (B) provide for a townsite adequate for 50 homes, including streets and utilities (including water, sewage, and electricity), taking into account the reasonable future growth of the townsite; and (C) provide for a community center containing space and facilities for community gatherings, tribal offices, tribal council chamber, offices of the Bureau of Indian Affairs, offices and quarters of the Public Health Service, and a combination gymnasium and auditorium; (6) the requirements under Public Law 87-734 (76 Stat. 698 et seq.) with respect to the mitigation of the effects of the Fort Randall and Big Bend projects on the Lower Brule Indian Reservation have not been fulfilled; (7) although the national economy has benefited from the Fort Randall and Big Bend projects, the economy on the Lower Brule Indian Reservation remains underdeveloped, in part as a consequence of the failure of the Federal Government to fulfill the obligations of the Federal Government under the laws referred to in paragraph (4); (8) the economic and social development and cultural preservation of the Lower Brule Sioux Tribe will be enhanced by increased tribal participation in the benefits of the Fort Randall and Big Bend components of the Pick-Sloan Missouri River Basin program; and (9) the Lower Brule Sioux Tribe is entitled to additional benefits of the Pick-Sloan Missouri River Basin program. SEC. 3. DEFINITIONS. In this Act: (1) Fund.--The term ``Fund'' means the Lower Brule Sioux Tribe Infrastructure Development Trust Fund established under section 4(a). (2) Plan.--The term ``plan'' means the plan for socioeconomic recovery and cultural preservation prepared under section 5. (3) Program.--The term ``Program'' means the power program of the Pick-Sloan Missouri River Basin program, administered by the Western Area Power Administration. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Tribe.--The term ``Tribe'' means the Lower Brule Sioux Tribe of Indians, a band of the Great Sioux Nation recognized by the United States of America. SEC. 4. ESTABLISHMENT OF LOWER BRULE SIOUX TRIBE INFRASTRUCTURE DEVELOPMENT TRUST FUND. (a) Lower Brule Sioux Tribe Infrastructure Development Trust Fund.--There is established in the Treasury of the United States a fund to be known as the ``Lower Brule Sioux Tribe Infrastructure Development Trust Fund''. (b) Funding.--Beginning with fiscal year 1998, and for each fiscal year thereafter, until such time as the aggregate of the amounts deposited in the Fund is equal to $39,300,000, the Secretary of the Treasury shall deposit into the Fund an amount equal to 25 percent of the receipts from the deposits to the Treasury of the United States for the preceding fiscal year from the Program. (c) Investments.--The Secretary of the Treasury shall invest the amounts deposited under subsection (b) only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (d) Payment of Interest to Tribe.-- (1) Establishment of account and transfer of interest.--The Secretary of the Treasury shall, in accordance with this subsection, transfer any interest that accrues on amounts deposited under subsection (b) into a separate account established by the Secretary of the Treasury in the Treasury of the United States. (2) Payments.-- (A) In general.--Beginning with the fiscal year immediately following the fiscal year during which the aggregate of the amounts deposited in the Fund is equal to the amount specified in subsection (b), and for each fiscal year thereafter, all amounts transferred under paragraph (1) shall be available, without fiscal year limitation, to the Secretary of the Interior for use in accordance with subparagraph (C). (B) Withdrawal and transfer of funds.--For each fiscal year specified in subparagraph (A), the Secretary of the Treasury shall withdraw amounts from the account established under paragraph (1) and transfer such amounts to the Secretary of the Interior for use in accordance with subparagraph (C). The Secretary of the Treasury may only withdraw funds from the account for the purpose specified in this paragraph. (C) Payments to tribe.--The Secretary of the Interior shall use the amounts transferred under subparagraph (B) only for the purpose of making payments to the Tribe. (D) Use of payments by tribe.--The Tribe shall use the payments made under subparagraph (C) only for carrying out projects and programs pursuant to the plan prepared under section 5. (3) Prohibition on per capita payments.--No portion of any payment made under this subsection may be distributed to any member of the Tribe on a per capita basis. (e) Transfers and Withdrawals.--Except as provided in subsection (d)(1), the Secretary of the Treasury may not transfer or withdraw any amount deposited under subsection (b). SEC. 5. PLAN FOR SOCIOECONOMIC RECOVERY AND CULTURAL PRESERVATION. (a) Plan.-- (1) In general.--The Tribe shall, not later than 2 years after the date of enactment of this Act, prepare a plan for the use of the payments made to the Tribe under section 4(d)(2). In developing the plan, the Tribe shall consult with the Secretary of the Interior and the Secretary of Health and Human Services. (2) Requirements for plan components.--The plan shall, with respect to each component of the plan-- (A) identify the costs and benefits of that component; and (B) provide plans for that component. (b) Content of Plan.--The plan shall include the following programs and components: (1) Educational facility.--The plan shall provide for an educational facility to be located on the Lower Brule Indian Reservation. (2) Comprehensive inpatient and outpatient health care facility.--The plan shall provide for a comprehensive inpatient and outpatient health care facility to provide essential services that the Secretary of Health and Human Services, in consultation with the individuals and entities referred to in subsection (a)(1), determines to be-- (A) needed; and (B) unavailable through facilities of the Indian Health Service on the Lower Brule Indian Reservation in existence at the time of the determination. (3) Water system.--The plan shall provide for the construction, operation, and maintenance of a municipal, rural, and industrial water system for the Lower Brule Indian Reservation. (4) Recreational facilities.--The plan shall provide for recreational facilities suitable for high-density recreation at Lake Sharpe at Big Bend Dam and at other locations on the Lower Brule Indian Reservation in South Dakota. (5) Other projects and programs.--The plan shall provide for such other projects and programs for the educational, social welfare, economic development, and cultural preservation of the Tribe as the Tribe considers to be appropriate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such funds as may be necessary to carry out this Act, including such funds as may be necessary to cover the administrative expenses of the Fund. SEC. 7. EFFECT OF PAYMENTS TO TRIBE. (a) In General.--No payment made to the 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 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 the Tribe is entitled because of the status of the individual as a member of the Tribe. (b) Exemptions; Statutory Construction.-- (1) Power rates.--No payment made pursuant to this Act shall affect Pick-Sloan Missouri River Basin power rates. (2) Statutory construction.--Nothing in this Act may be construed as diminishing or affecting-- (A) any right of the Tribe that is not otherwise addressed in this Act; or (B) any treaty obligation of the United States. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.

Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act - Establishes in the Treasury the Lower Brule Sioux Tribe Infrastructure Development Trust Fund into which, beginning with FY 1998, 25 percent of the receipts from the power program of the Pick-Sloan Missouri River basin program shall be deposited until a specified Fund aggregate amount is attained. Directs the Secretary of the Treasury to transfer interest that accrues on such deposits into a separate Treasury account from which the Secretary shall transfer amounts to the Secretary of the Interior for payments to the Tribe. Directs the Tribe, in consultation with the Secretaries of the Interior and of Health and Human Services, to develop a plan for the socioeconomic recovery and cultural preservation of the Lower Brule Sioux Tribe. Requires that the plan provide for: (1) an educational facility on the Lower Brule Indian Reservation; (2) a comprehensive inpatient and outpatient health care facility; (3) construction, operation, and maintenance of a municipal, rural, and industrial water system for the Reservation; (4) recreational facilities at Lake Sharpe at Big Bend Dam and other locations on the Reservation; and (5) other projects and programs for the educational, social welfare, economic development, and cultural preservation of the Tribe. Authorizes appropriations.

Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Innovation Fellows Program Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) It is in the national interest for the Federal Government to attract the brightest minds skilled in technology or innovative practices to serve in the Federal Government to work on some of the biggest and most pressing challenges facing the United States. (2) The Presidential Innovation Fellows Program will encourage successful entrepreneurs, executives, and innovators to join the Federal Government and work in close cooperation with Federal Government leaders, to create meaningful solutions that can help save lives and Federal funds, fuel job creation, and significantly improve how the Federal Government serves the people of the United States. SEC. 3. PRESIDENTIAL INNOVATION FELLOWS PROGRAM. (a) In General.--Chapter 31 of title 5, United States Code, is amended by adding at the end the following: ``Subchapter V--Presidential Innovation Fellows Program ``Sec. 3171. Definitions ``In this subchapter-- ``(1) the term `agency' has the meaning given the term `Executive agency' under section 105; ``(2) the term `Administration' means the General Services Administration; ``(3) the term `Administrator' means the Administrator of General Services; ``(4) the term `Advisory Board' means the Presidential Innovation Fellows Program Advisory Board under section 3174(a)(1); ``(5) the term `Director' means the Director of the Program; ``(6) the term `Fellow' means a Presidential Innovation Fellow; and ``(7) the term `Program' means the Presidential Innovation Fellows Program under this subchapter. ``Sec. 3172. Establishment and administration ``(a) In General.--There is in the Administration the Presidential Innovation Fellows Program to enable exceptional individuals with proven track records to serve time-limited appointments in agencies as Presidential Innovation Fellows to address some of the most significant challenges facing the United States and improve efforts by the Federal Government that would particularly benefit from expertise using innovative techniques and technology. ``(b) Administration.-- ``(1) Director.--The Program shall be administered by a Director, who shall be appointed by the Administrator. ``(2) Administrative support.--To the extent permitted by law and that amounts are provided in appropriation Acts, the Administration shall provide the employees, resources, and administrative support necessary to carry out the Program. ``(c) Appointment of Fellows.--The Director shall appoint Fellows and, in cooperation with agencies, shall facilitate placement of Fellows to participate in projects that have the potential for significant positive effects and are consistent with the goals of the President. ``Sec. 3173. Appointment of Fellows ``(a) Application Process.--The Director-- ``(1) shall prescribe and make publicly available the process for applications and nominations of individuals to be Fellows; and ``(2) may accept applications and nominations in accordance with such process. ``(b) Program Standards.--The Director shall-- ``(1) establish, administer, review, and revise, if appropriate, a Government-wide cap on the number of Fellows; and ``(2) establish and publish salary ranges, benefits, and standards for the Program. ``(c) Selection, Appointment, and Assignment of Fellows.-- ``(1) In general.--The Director shall prescribe appropriate procedures for the selection, appointment, and assignment of Fellows. ``(2) Consultation.--Before the selection of Fellows, the Director shall consult with the heads of agencies regarding potential projects and how best to meet the needs of the agencies. ``(3) Time limitation.--The appointment of a Fellow shall be for a period of not less than 6 months and not more than 2 years. ``(4) Placing of fellows.--The Director shall facilitate the process of placing Fellows at agencies requesting a Fellow. ``(d) Responsibilities of Agencies.-- ``(1) In general.--Each agency shall work with the Director and the Advisory Board to attempt to maximize the benefits of the Program to the agency and the Federal Government, including by identifying initiatives that will have a meaningful effect on the people served and that will benefit from involvement by one or more Fellows. ``(2) Coordination of work.--Each agency shall ensure that each Fellow placed at the agency works closely with one or more responsible senior officials for the duration of the placement. ``Sec. 3174. Presidential Innovation Fellows Program Advisory Board ``(a) Establishment.-- ``(1) In general.--There is, under the authority of the Administrator, a Presidential Innovation Fellows Program Advisory Board to-- ``(A) advise the Director by recommending such priorities and standards as may be beneficial to fulfill the mission of the Program; and ``(B) assist in identifying potential projects and placements for Fellows. ``(2) Limitation.--The Advisory Board shall not participate in the selection of Fellows. ``(b) Membership.--The members of the Advisory Board shall be as follows: ``(1) A representative designated by the Administrator, who shall serve as the Chairperson of the Advisory Board. ``(2) The Deputy Director for Management of the Office of Management and Budget. ``(3) The Director of the Office of Personnel Management. ``(4) The Administrator of the Office of Electronic Government. ``(5) The Assistant to the President and Chief Technology Officer. ``(6) Other individuals, as designated by the Administrator. ``(c) Consultation.--The Advisory Board may consult with industry, academia, and nonprofits organizations to ensure the Program is continually identifying opportunities to apply advanced skillsets and innovative practices in effective ways to address the most significant challenges to the United States. ``Sec. 3175. Rule of construction ``Nothing in this chapter shall be construed to-- ``(1) impair or otherwise affect-- ``(A) the authority granted by law to an agency, or the head thereof; or ``(B) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or ``(2) create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 31 of title 5, United States Code, is amended by adding at the end the following: ``subchapter v--presidential innovation fellows program ``3171. Definitions. ``3172. Establishment and administration. ``3173. Appointment of Fellows. ``3174. Presidential Innovation Fellows Program Advisory Board. ``3175. Rule of construction.''. (c) Transitional Provision.-- (1) Definition.--In this subsection, the term ``function'' means any duty, obligation, power, authority, responsibility, right, privilege, activity, program, or employee. (2) Transition.--The functions of the Presidential Innovation Fellows Program established pursuant to Executive Order 13704 (5 U.S.C. 3301 note), as in existence on the day before the date of enactment of this Act, shall be functions of the Presidential Innovation Fellows Program under subchapter V of title 5, United States Code, as added by this Act.

Presidential Innovation Fellows Program Act of 2016 This bill establishes in the General Services Administration (GSA) the Presidential Innovation Fellows Program to enable exceptional individuals with proven track records to serve time-limited appointments in executive agencies as Presidential Innovation Fellows to address some of the most significant challenges facing the United States and improve federal efforts that would particularly benefit from expertise using innovative techniques and technology. The functions of the Presidential Innovation Fellows Program established pursuant to Executive Order 13704, as in existence on the day before enactment of this bill, shall be functions of the program established by this bill. The program shall be administered by a Director, who shall be appointed by the GSA. The director shall appoint such fellows and facilitate their placement in projects that have the potential for significant positive effects and are consistent with the President's goals. Each agency shall: (1) work with the director and the program advisory board to attempt to maximize program benefits to the agency and the government, including by identifying initiatives that will have a meaningful effect on the people served and that will benefit from involvement by a fellow; and (2) ensure that each fellow placed at the agency works closely with a responsible senior official.

Presidential Innovation Fellows Program Act of 2016

SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark Rural Water System Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act (unless the context clearly requires otherwise): (1) Environmental enhancement.--The term ``environmental enhancement'' means the wetland and wildlife enhancement activities that are carried out substantially in accordance with the environmental enhancement component of the feasibility study. (2) Environmental enhancement component.--The term ``environmental enhancement component'' means the component described in the report entitled ``Wetlands and Wildlife Enhancement for the Lewis and Clark Rural Water System'', dated April 1991, that is included in the feasibility study. (3) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Level Evaluation of a Missouri River Regional Water Supply for South Dakota, Iowa and Minnesota'', dated September 1993, that includes a water conservation plan, environmental report, and environmental enhancement component. (4) Member entity.--The term ``member entity'' means a rural water system or municipality that signed a Letter of Commitment to participate in the Lewis and Clark Rural Water System. (5) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as contained in the feasibility study. (6) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of intake facilities, pumping stations, water treatment facilities, reservoirs, and pipelines up to the point of delivery of water by the Lewis and Clark Rural Water System to each member entity that distributes water at retail to individual users. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Water supply system.--The term ``water supply system'' means the Lewis and Clark Rural Water System that is established and operated substantially in accordance with the feasibility study. SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. (a) In General.--The Secretary is authorized to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for the planning and construction of the water supply system. (b) Service Area.--The water supply system shall provide for safe and adequate municipal, rural, and industrial water supplies, environmental enhancement, mitigation of wetland areas, and water conservation in-- (1) Lake County, McCook County, Minnehaha County, Turner County, Lincoln County, Clay County, and Union County, in southeastern South Dakota; (2) Rock County, and Nobles County, in southwestern Minnesota; and (3) Lyon County, Sioux County, Osceola County, O'Brien County, Dickinson County, and Clay County, in northwestern Iowa. (c) Amount of Grants.--Grants made available under subsection (a) to the Lewis and Clark Rural Water System, Inc. shall not exceed the amount of funds authorized under section 10. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met; (2) a final engineering report has been prepared and submitted to Congress not less than 90 days before the commencement of construction of the system; and (3) a water conservation program has been developed and implemented. SEC. 4. FEDERAL ASSISTANCE FOR WETLAND AND WILDLIFE ENHANCEMENT. (a) Initial Development.--The Secretary shall make grants and other funds available to Lewis and Clark Rural Water System, Inc., and other private, State, and Federal entities, for the initial development of the environmental enhancement component. (b) Nonreimbursement.--Funds provided under subsection (a) shall be nonreimbursable and nonreturnable. SEC. 5. WATER CONSERVATION PROGRAMS. (a) Purpose.--The water conservation program required under this section shall be designed to ensure that users of water from the water supply system will use the best practicable technology and management techniques to conserve water use. (b) Description.--The water conservation programs shall include-- (1) low consumption performance standards for all newly installed plumbing fixtures; (2) leak detection and repair programs; (3) rate schedules that do not include declining block rate schedules for municipal households and special water users (as defined in the feasibility study); (4) public education programs and technical assistance to member entities; and (5) coordinated operation among each rural water system, and each water supply facility in existence on the date of enactment of this Act, in the service area of the system. (c) Review and Revision.--The programs described in subsection (b) shall contain provisions for periodic review and revision, in cooperation with the Secretary. SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 7. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1, and ending October 31, of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase the entire electric service requirements of the system, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) Lewis and Clark Rural Water System, Inc.; that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATES. This Act shall not limit the authorization for water projects in South Dakota, Iowa, and Minnesota under law in effect on or after the date of enactment of this Act. SEC. 9. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, governing water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 10. FEDERAL COST SHARE. The Secretary is authorized to provide funds equal to 80 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 3; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after September 1, 1993. SEC. 11. NON-FEDERAL COST SHARE. The non-Federal share of the costs allocated to the water supply system shall be 20 percent of the-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 3; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after September 1, 1993. SEC. 12. BUREAU OF RECLAMATION. (a) Authorization.--The Secretary is authorized to allow the Bureau of Reclamation to provide project construction oversight to the water supply system and environmental enhancement component for those areas of the water supply system that are described in section 3(b). (b) Project Oversight Administration.--The amount of funds used by the Bureau of Reclamation for planning and construction of the water supply system may not exceed an amount equal to 1 percent of the amount provided in the total project construction budget for the entire project construction period. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $226,320,000 to carry out this Act, of which not less than $8,487,000 shall be used for the initial development of the environmental enhancement component under section 4, to remain available until expended.

Lewis and Clark Rural Water System Act of 1994 - Authorizes the Secretary of the Interior to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for the planning and construction of a water supply system to provide service to specified counties in South Dakota, Minnesota, and Iowa. Requires the Secretary to make grants and other funds available to the System and other private, State, and Federal entities for the initial development of the environmental enhancement component. Directs that the water conservation program: (1) be designed to ensure that users of water from the water supply system use the best practicable technology and management techniques to conserve water use; and (2) include provisions for periodic review and revision. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply system be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction. Requires the Western Area Power Administration to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program. Provides that this Act shall not: (1) limit the authorization for water projects in South Dakota, Iowa, and Minnesota; or (2) preempt State water rights. Specifies the Federal and non-Federal share of the cost. Authorizes the Secretary to allow the Bureau of Reclamation to provide project construction oversight to the water supply system and environmental enhancement component. Authorizes appropriations.

Lewis and Clark Rural Water System Act of 1994

SECTION 1. SHORT TITLE. This Act may be cited as the ``Seafood Safety and Mercury Screening Act of 2000''. SEC. 2. REQUIREMENT OF ESTABLISHMENT OF TOLERANCE FOR METHYL MERCURY IN SEAFOOD. Chapter IV of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 341 et seq.) is amended-- (1) in section 402(a)(2)(A), by inserting ``methyl mercury in seafood,'' after ``food additive,''; (2) in section 402(a)(2), by inserting after ``section 512; or'' the following: ``(D) if it is seafood that bears or contains methyl mercury that is unsafe within the meaning of section 406A(a); or''; and (3) by inserting after section 406 the following section: ``tolerance for methyl mercury in seafood ``Sec. 406A. (a) In General.--Not later than one year after the date of the enactment of the Seafood Safety and Mercury Screening Act of 2000, the Secretary shall by regulation establish a tolerance for the presence of methyl mercury in seafood, which shall be based on a scientific analysis of the health risks attributable to such substance. Any seafood containing methyl mercury shall be deemed unsafe for purposes of section 402(a)(2)(D) unless the quantity of such substance is within the limits of the tolerance. ``(b) Standard.-- ``(1) In general.--The Secretary shall ensure that the tolerance under subsection (a) is safe, and shall modify or revoke the tolerance if the Secretary determines that it is not safe. ``(2) Determination of safety.--As used in this section, the term `safe', with respect to a tolerance for methyl mercury in seafood, means that the Secretary has determined that there is a reasonable certainty that no harm will result from aggregate exposure to methyl mercury, including all anticipated dietary exposures and all other exposures for which there is reliable information. ``(c) Pregnant Women, Infants, and Children.--In establishing or modifying a tolerance under subsection (a), the Secretary shall ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methyl mercury. ``(d) Sampling System.--Not later than 18 months after the date of the enactment of the Seafood Safety and Mercury Screening Act of 2000, the Secretary, after consultation with the Secretary of Agriculture, shall establish a system for the ongoing collection and analysis of samples of seafood to determine the extent of compliance with the tolerance under subsection (a). Such system shall provide statistically valid monitoring, including market-basket studies, with respect to such compliance. ``(e) Public Education and Advisory System.-- ``(1) Public education.--The Secretary, in cooperation with private and public organizations, including the cooperative extension services and appropriate State entities, shall design and implement a national public education program regarding the presence of methyl mercury in seafood. The program shall provide-- ``(A) information to the public regarding Federal standards and good practice requirements and promotion of public awareness understanding and acceptance of such standards and requirements; ``(B) information to health professionals so that they may improve diagnosis and treatment of mercury- related illness and advise individuals whose health conditions place them in particular risk; and ``(C) such other information or advice to consumers and other persons as the Secretary determines will promote the purposes of this section. ``(2) Health advisories.--The Secretary, in consultation with the Secretary of Agriculture and the Administrator of the Environmental Protection Agency, shall work with the States and other appropriate entities to-- ``(A) develop and distribute regional and national advisories concerning the presence of methyl mercury in seafood.; ``(B) develop standardized formats for written and broadcast advisories regarding methyl mercury in seafood; and ``(C) incorporate State and local advisories into the national public education program required in paragraph (1).''. SEC. 3. CONSIDERATION OF REPORT OF NATIONAL ACADEMY OF SCIENCES. In carrying out section 406A of the Federal Food, Drug, and Cosmetic Act (as added by the amendment made by section 2 of this Act), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall consider the findings made by the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methyl mercury exposure and the presence of methyl mercury in seafood, as such findings are described in the report issued by such Academy in July 2000. SEC. 4. REPORT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit to the Congress a report on the progress of the Secretary in establishing the tolerance required by the amendments made by section 2. The report shall include a description of the research that has been conducted with respect to the tolerance.

Requires the Secretary to: (1) ensure that such tolerance is safe and to modify or revoke any tolerance found to be unsafe; and (2) ensure that there is a reasonable certainty that no harm will result to pregnant women, infants, and children from aggregate exposure to methyl mercury. Directs the Secretary to: (1) establish a system for the ongoing collection and analysis of seafood samples to determine the extent of tolerance compliance; (2) design and implement a national public education program regarding the presence of methyl mercury in seafood; (3) work with States and other appropriate entities to develop national and regional methyl mercury advisories; (4) consider, when determining such tolerance, certain findings of the National Academy of Sciences regarding the Environmental Protection Agency's recommended level for methyl mercury; and (5) report to Congress on progress made in establishing the tolerance.

Seafood Safety and Mercury Screening Act of 2000

SECTION 1. SHORT TITLE. This Act may be cited as the ``TIFIA Expansion Act of 2011''. SEC. 2. TIFIA FUNDING OF QUALIFIED TRANSIT CAPITAL PROJECTS. (a) Definition of Master Credit Agreement.--Section 601(a) of title 23, United States Code, is amended-- (1) in paragraph (8)-- (A) by striking ``and'' at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ``and;''; and (C) by adding at the end the following: ``(E) a project or program of related projects that-- ``(i) is for the design, acquisition, construction, or rehabilitation of one or more transportation projects that reduces emissions of greenhouse gases or has a positive impact on congestion; and ``(ii) receives not more than 30 percent of its funding for capital costs from Federal grant funds made available under this title or chapter 53 of title 49, United States Code.''; and (2) by adding at the end the following: ``(15) Master credit agreement.--The term `master credit agreement' means an agreement entered into by and between the Secretary and an obligor for a project defined in paragraph (9)(E) that-- ``(A) makes contingent commitments of one or more secured loans or other Federal credit instruments at future dates; ``(B) establishes the amounts and general terms and conditions of such secured loans or other Federal credit instruments; ``(C) identifies the dedicated revenue sources that will secure the repayment of such secured loans or other Federal credit instruments; and ``(D) provides for the obligation of funds for such secured loans or other Federal credit instruments after all requirements under section 602(c) have been met for the project, including compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 432i et seq.).''. (b) Eligibility and Eligible Projected Costs.--Section 602(a) of title 23, United States Code, is amended-- (1) in paragraph (1) by adding before the period at the end the following: ``(1) , including, in the case of a master credit agreement, at such time as the disbursement of loan proceeds or the provision of other credit assistance pursuant to the master credit agreement''; and (2) in paragraph 3-- (A) by striking ``subparagraph (B)'' in subparagraph (A) and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following: ``(C) Mega transportation projects.--In the case of a project defined in section 601(a)(8)(E), eligible project costs shall be reasonably anticipated to equal or exceed $1,000,000,000.''. (c) Secured Loans.--Section 603(b)-- (1) in paragraph (2) of title 23, United States Code, is amended by striking ``33 percent'' and inserting ``49 percent''; (2) in paragraph (4)-- (A) by striking ``The interest rate'' and inserting the following: ``(A) In general.--The interest rate''; and (B) by adding at the end the following new subparagraph: ``(B) Reduction in interest rate.-- ``(i) In general.--If the Secretary determines that the interest rate described under subparagraph (A) has increased by more than 1 percent between the time the Secretary signs the master credit agreement and the time at which the secured loan is made with respect to a project that is the subject of such master credit agreement, the Secretary may allow the interest rate on the secured loan to be up to-- ``(I) 1 percent lower than subparagraph (A) allows; or ``(II) for a secured loan being made with respect to a project that is certified by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, as only using clean construction equipment, 1.5 percent lower than subparagraph (A) allows. ``(ii) Clean construction equipment defined.--For purposes of this subparagraph, the term `clean construction equipment' means nonroad construction vehicles or equipment powered by diesel engines that-- ``(I) are certified to meet the Environmental Protection Agency's Tier 4 nonroad engine fine particulate emission standards, published in the Federal Register on June 29, 2004 (69 Fed. Reg. 38958); or ``(II) achieve through other means a particulate matter emission reduction of 85 percent or more from uncontrolled engine emission levels.''; and (3) in paragraph (6) by inserting before the period the following: ``, except that when making a secured loan, the Secretary may waive the application of this paragraph with respect to the loan if the amount of the loan does not exceed 33 percent of the reasonably anticipated eligible project costs and the loan is secured by tax revenue''. (d) Lines of Credit.--Section 604(b)(2) of title 23, United States Code, is amended by striking ``33 percent'' and inserting ``49 percent''. (e) Funding.--Section 608(a) of title 23, United States Code, is amended-- (1) in paragraph (1) by striking ``$122,000,000 for each of fiscal years 2005 through 2009'' and inserting ``$375,000,000 for each of fiscal years 2011 through 2015''; and (2) in paragraph (3) by striking ``$2,200,000 for each of fiscal years 2005 through 2009'' and inserting ``$5,000,000 for each of fiscal years 2011 through 2015''. (f) Certain Unobligated Balances.--With respect to a secured loan made pursuant to chapter 6 of title 23, United States Code, only unobligated balances provided to carry out such chapter that were appropriated for a fiscal year prior to the fiscal year in which such secured loan is made, and which remain available, may be used to carry out the authority granted to the Secretary of Transportation by the amendment made by subsection (c)(2)(B). (g) Conforming Amendment.--Section 603(a)(1) of title 23, United States Code, is amended by inserting after ``into agreements'' the following: ``, including master credit agreements,''.

TIFIA Expansion Act of 2011 - Revises Transportation Infrastructure Finance and Innovation Act (TIFIA) program requirements to make eligible for TIFIA funding any projects that: (1) are for the design, acquisition, construction, or rehabilitation of one or more transportation projects that reduce emissions of greenhouse gases or have a positive impact on traffic congestion; and (2) receive not more than 30% of their funding for capital costs from federal public transportation grant funds. Defines "master credit agreement" as one entered into between the Secretary of Transportation (DOT) and an obligor for such projects that: (1) makes contingent commitments of one or more secured loans or other federal credit instruments at future dates, (2) establishes the amounts and general terms and conditions of such loans or other instruments as well as identifies dedicated revenue sources that will secure their repayment, and (3) provides for the obligation of funds for the loans or other instruments after certain federal requirements have been met. Requires such projects to meet certain planning and programming requirements (as under current law) at the time that loan proceeds are disbursed or other credit assistance is provided pursuant to the master credit agreement. Makes projects with eligible costs reasonably anticipated to equal or exceed $1 billion (mega transportation projects) eligible for federal transportation infrastructure funding. Revises terms of secured loans and lines of credit used to finance certain transportation infrastructure projects to increase the maximum loan amount for such projects from the lesser of 33% to the lesser of 49% of the reasonably anticipated eligible project costs or (as under current law), if the loan does not receive an investment grade rating, the amount of the senior project obligations. Authorizes the Secretary to allow a 1% reduction in the interest rate for such loans if the ordinary interest rate has increased by more than 1% between the time the Secretary signs the master credit agreement and the time at which the secured loan is made with respect to a project that is the subject of the master credit agreement. Allows a 1.5% reduction in the interest rate for a secured loan with respect to a project only using clean construction equipment. Defines "clean construction equipment" as nonroad construction vehicles or equipment powered by diesel engines that: (1) are certified to meet Environmental Protection Agency's (EPA) Tier 4 nonroad engine fine particulate emission standards, or (2) achieve through other means a particulate matter emission reduction of 85% or more from uncontrolled engine emission levels. Authorizes the Secretary to waive the prohibition against subordination of secured loans to the claims of a holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor, but only if the loan amount does not exceed 33% of the reasonably anticipated eligible project costs and the loan is secured by tax revenue.

To amend title 23, United States Code, to revise certain infrastructure finance provisions.

SECTION 1. REDUCTION IN LOAN RATES FOR PEANUTS. (a) Loan Rate Reduction.--Subsection (a) of section 155 of the Agricultural Market Transition Act (7 U.S.C. 7271) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Loan rate.--The national average quota loan rate for quota peanuts shall be as follows: ``(A) $610 per ton for the 2001 crop. ``(B) $550 per ton for the 2002 crop. ``(C) $500 per ton for the 2003 crop.''. (b) Extension of Marketing Assessment.--Subsection (g) of such section is amended by striking ``2002'' both places it appears and inserting ``2003''. (c) Conforming Amendment.--Subsection (h) of such section is amended by striking ``2002'' and inserting ``2003''. (d) Continued Suspension of Certain Peanut Quota Provisions.--The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2003 crops of peanuts: (1) Subsections (a) through (j) of section 358 (7 U.S.C. 1358). (2) Subsections (a) through (h) of section 358a (7 U.S.C. 1358a). (3) Subsections (a), (b), (d), and (e) of section 358d (7 U.S.C. 1359). (4) Part I of subtitle C of title III (7 U.S.C. 1361-1368). SEC. 2. NONRECOURSE LOANS FOR 2004 AND SUBSEQUENT CROPS OF PEANUTS. (a) Loan Program.--The Agricultural Market Transition Act is amended by inserting after section 155 (7 U.S.C. 7271) the following new section: ``SEC. 155A. PEANUT PROGRAM FOR 2004 AND SUBSEQUENT CROPS. ``(a) Availability of Loans.--The Secretary shall make nonrecourse loans available to producers of peanuts for each of the 2004 and subsequent crops of peanuts. ``(b) Loan Rate.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall offer nonrecourse loans to peanut producers under subsection (a) at a rate equal to not less than 85 percent of the simple average price received by producers for peanuts, as determined by the Secretary, during the marketing year for each of the immediately preceding 5 crops of peanuts, excluding the year in which the average price was the highest and the year in which the average price was the lowest during the period. ``(2) Maximum loan rate.--Notwithstanding paragraph (1), the loan rate under subsection (a) shall not exceed $350 per ton. ``(3) Announcement.--The Secretary shall announce the loan rate for each crop of peanuts not later than the February 15 preceding the marketing year for which the loan rate is being determined. ``(c) Inspection, Handling, or Storage.--The loan rate determined under subsection (b) for a crop of peanuts shall not be reduced by any deduction for inspection, handling, or storage. ``(d) Location and Other Factors.--The Secretary may make adjustments in the loan rate determined under subsection (b) for the location of peanuts and such other factors as are authorized by section 403(a) of the Agricultural Act of 1949 (7 U.S.C. 1423). ``(e) No Net Cost Requirement.--Loans under subsection (a) shall be administered at no net cost to the Commodity Credit Corporation. ``(f) Marketing of Peanuts Owned or Controlled by Commodity Credit Corporation.--Any peanuts owned or controlled by the Commodity Credit Corporation may be made available for domestic edible use, in accordance with regulations issued by the Secretary, so long as doing so results in no net cost to the Commodity Credit Corporation. ``(g) Commodity Credit Corporation.--The Secretary shall carry out the program authorized by this section through the Commodity Credit Corporation.''. (b) Repeal of Other Peanut Price Support Authority.--The Agricultural Act of 1949 (7 U.S.C. 1441 et seq.) is amended-- (1) in section 101(b) (7 U.S.C. 1441(b)), by striking ``and peanuts''; and (2) in section 408 (7 U.S.C. 1428)-- (A) in subsection (c), by striking ``peanuts,''; and (B) in subsection (d), by inserting before the period at the end the following: ``or peanuts''. SEC. 3. ELIMINATION OF PEANUT QUOTAS FOR 2004 AND SUBSEQUENT CROPS OF PEANUTS. (a) In General.--Part VI of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1357 et seq.) is repealed. (b) Conforming Amendments.-- (1) Definitions.--Section 301(b) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1301(b)) is amended-- (A) in paragraph (3)(A), by striking ``corn, rice, and peanuts'' and inserting ``corn and rice''; (B) in paragraph (6), by striking subparagraph (C); (C) in paragraph (10)(A)-- (i) by striking ``wheat, and peanuts'' and inserting ``and wheat''; and (ii) by striking ``; 20 per centum in the case of wheat; and 15 per centum in the case of peanuts'' and inserting ``; and 20 percent in the case of wheat''; (D) in paragraph (13)-- (i) by striking subparagraphs (B) and (C); and (ii) in subparagraph (G), by striking ``or peanuts'' both places it appears; and (E) in paragraph (16)(A), by striking ``rice, and peanuts'' and inserting ``and rice''. (2) Administrative provisions.--Section 361 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1361) is amended by striking ``peanuts,''. (3) Adjustment of quotas.--Section 371 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1371) is amended-- (A) in the first sentence of subsection (a), by striking ``peanuts,''; and (B) in the first sentence of subsection (b), by striking ``peanuts''. (4) Reports and records.--Section 373 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1373) is amended-- (A) in subsection (a), by striking the first sentence and inserting the following new sentence: ``This subsection shall apply to warehousemen, processors, and common carriers of corn, wheat, cotton, rice, or tobacco, and all ginners of cotton, all persons engaged in the business of purchasing corn, wheat, cotton, rice, or tobacco from producers, and all persons engaged in the business of redrying, prizing, or stemming tobacco for producers.''; and (B) in subsection (b), by striking ``peanuts,''. (5) Regulations.--Section 375(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1375(a)) is amended by striking ``peanuts,''. (6) Eminent domain.--The first sentence of section 378(c) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1378(c)) is amended by striking ``cotton, tobacco, and peanuts,'' and inserting ``cotton and tobacco,''. (c) Liability.--A provision of this section or an amendment made by this section shall not affect the liability of any person under any provision of law as in effect before the application of the provision of this section or the amendment in accordance with this section. (d) Effective Date.--The amendments made by this section shall take effect October 1, 2003, and shall apply with respect to the 2004 and subsequent crops of peanuts. SEC. 4. PURCHASE OF PEANUTS FOR NUTRITION PROGRAMS. Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is amended by adding at the end the following: ``(h) Purchase of Peanuts for Nutrition Programs.-- ``(1) Definitions.--In this subsection-- ``(A) Additional peanuts.--The term `additional peanuts' has the meaning given the term in section 358- 1(e) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358-1(e)). ``(B) Covered program.--The term `covered program' means-- ``(i) a program established under this Act; ``(ii) a program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); ``(iii) the emergency food assistance program established under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.); ``(iv) the food distribution program on Indian reservations established under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)); ``(v) the commodity distribution program established under section 4 of the Agriculture and Consumer Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note); ``(vi) the commodity supplemental food program established under section 5 of the Agriculture and Consumer Protection Act of 1973 (Public Law 93-86; 7 U.S.C. 612c note); and ``(vii) a nutrition program carried out under part C of title III of the Older Americans Act of 1965 (42 U.S.C. 3030e et seq.). ``(2) Purchases.--Notwithstanding any other provision of law, in purchasing peanuts or peanut products to carry out a covered program, the Secretary shall-- ``(A) purchase the peanuts or peanut products at a price that is not more than the prevailing world market price for peanuts or peanut products produced in the United States, as determined by the Secretary; and ``(B) in the case of peanut purchases, purchase only additional peanuts. ``(3) Domestic edible use.--Notwithstanding any other provision of law, additional peanuts purchased by the Secretary to carry out a covered program shall not be considered to be peanuts for domestic edible use under the Agricultural Adjustment Act of 1938 (7 U.S.C. 1281 et seq.) or Agricultural Market Transition Act (7 U.S.C. 7201 et seq.). ``(4) Supply.--The Secretary shall take such actions as are necessary to ensure, to the maximum extent practicable, that an adequate supply of additional peanuts is available to carry out covered programs. ``(5) Penalties.--Notwithstanding any other provision of law, a person that produces additional peanuts that are sold to the Secretary, or sells additional peanuts to the Secretary, for a covered program shall not be subject to a penalty or other sanction for the production or sale of the additional peanuts.''.

Amends the Agricultural Market Transition Act to: (1) reduce quota peanut price support levels through crop year 2003; (2) extend marketing assessment services through 2003; and (3) make nonrecourse loans available to all peanut producers at 85 percent of estimated market value as of crop year 2004.Amends the Agricultural Adjustment Act of 1938 to eliminate peanut quotas as of crop year 2004.Amends the National School Lunch Act to authorize the purchase at world market price of additional (excess of poundage quota) peanuts for the school lunch and other specified food and nutrition programs. States that such peanuts shall not be considered domestic edible use peanuts under the Agricultural Adjustment Act of 1938 or the Agricultural Market Transition Act.

To amend the Agricultural Market Transition Act to gradually reduce the loan rate for peanuts, to repeal peanut quotas for the 2004 and subsequent crops, and to require the Secretary of Agriculture to purchase peanuts and peanut products for nutrition programs only at the world market price, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Distribution of State- Inspected Meat Act of 1997''. SEC. 2. WAIVER OF INTRASTATE DISTRIBUTION LIMITATION. (a) Meat.--Section 301(a) of the Federal Meat Inspection Act (21 U.S.C. 661(a)) is amended by adding at the end the following: ``(5) Waiver of intrastate distribution limitation.-- ``(A) Evaluation.--On application of a State agency with which the Secretary may cooperate under this Act, the Secretary shall evaluate the inspection, reinspection, and sanitation requirements of the State's meat inspection program to verify that the mandatory requirements of the program are at least equal to the Federal requirements of title I and the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 38806), published on July 25, 1996. ``(B) Waiver.--If the Secretary verifies that the inspection, reinspection, and sanitation requirements of the State's meat inspection program are at least equal to the Federal requirements described in subparagraph (A), the Secretary shall waive the limitation of paragraph (1) that restricts meat inspected by the State to intrastate distribution to allow domestic distribution within the States, territories, and possessions of the United States. ``(C) Inspections.-- ``(i) In general.--Following any waiver under subparagraph (B), the Secretary may perform a random inspection of a State- inspected plant within the State to ensure that the inspection, reinspection, and sanitation requirements of the State's meat inspection program are complied with to the same degree as the Federal requirements described in subparagraph (A) are complied with. ``(ii) Inspectors.--The Secretary may use an employee of the Department of Agriculture, or may cooperate with the State agency to train and use a State employee, to perform an inspection under clause (i). ``(iii) Noncompliance.--If an inspection under clause (i) discloses that the inspection, reinspection, and sanitation requirements of the State's meat inspection program are not complied with at a plant to the same degree as the Federal requirements described in subparagraph (A), the Secretary shall reimpose the restriction against the interstate distribution of meat and meat products produced at the plant until a subsequent inspection verifies that the inspection, reinspection, and sanitation requirements of the State's meat inspection program are complied with at the plant to the same degree as the Federal requirements described in subparagraph (A).''. (b) Poultry.--Section 5(a) of the Poultry Products Inspection Act (21 U.S.C. 454(a)) is amended by adding at the end the following: ``(5) Waiver of intrastate distribution limitation.-- ``(A) Evaluation.--On application of a State agency with which the Secretary may cooperate under this Act, the Secretary shall evaluate the inspection, reinspection, and sanitation requirements of the State's poultry inspection program to verify that the mandatory requirements of the program are at least equal to the Federal requirements of this Act and the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 38806), published on July 25, 1996. ``(B) Waiver.--If the Secretary verifies that the inspection, reinspection, and sanitation requirements of the State's poultry inspection program are at least equal to the Federal requirements described in subparagraph (A), the Secretary shall waive the limitation of paragraph (1) that restricts poultry inspected by the State to intrastate distribution to allow domestic distribution within the States, territories, and possessions of the United States. ``(C) Inspections.-- ``(i) In general.--Following any waiver under subparagraph (B), the Secretary may perform a random inspection of a State- inspected plant within the State to ensure that the inspection, reinspection, and sanitation requirements of the State's poultry inspection program are complied with to the same degree as the Federal requirements described in subparagraph (A) are complied with. ``(ii) Inspectors.--The Secretary may use an employee of the Department of Agriculture, or may cooperate with the State agency to train and use a State employee, to perform an inspection under clause (i). ``(iii) Noncompliance.--If an inspection under clause (i) discloses that the inspection, reinspection, and sanitation requirements of the State's poultry inspection program are not complied with at a plant to the same degree as the Federal requirements described in subparagraph (A), the Secretary shall reimpose the restriction against the interstate distribution of poultry and poultry products produced at the plant until a subsequent inspection verifies that the inspection, reinspection, and sanitation requirements of the State's poultry inspection program are complied with at the plant to the same degree as the Federal requirements described in subparagraph (A).''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act take effect on December 1, 1997.

Interstate Distribution of State-Inspected Meat Act of 1997 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct the Secretary of Agriculture to permit the interstate distribution of State-inspected meat and poultry where State inspection requirements are at least equal to Federal requirements.

Interstate Distribution of State-Inspected Meat Act of 1997

SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Commission to Study Employment and Economic Insecurity in the American Workforce Act''. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the Presidential Commission to Study Employment and Economic Insecurity in the American Workforce (in this Act referred to as the ``Commission''). SEC. 3. DUTIES OF COMMISSION. The Commission shall-- (1) examine the issues of economic and psychological insecurity of members of the workforce in the United States caused by employment dislocation; (2) examine the relationship between psychological stress caused by employment insecurity and economic insecurity, and increased violence by employees and former employees in the workplace; (3) examine the economic and psychological effects of the decreasing number of well-paid jobs on members of the workforce in the United States; and (4) recommend potential solutions, including recommendations for legislation and administrative action, to alleviate the problems of economic and psychological insecurity of members of the workforce in the United States. SEC. 4. MEMBERSHIP OF COMMISSION. (a) Number and Appointment.--The Commission shall be composed of 17 members (in this Act referred to as the ``members'') who shall be appointed as follows: (1) 9 individuals appointed by the President. (2) 2 individuals appointed by the Majority Leader of the House of Representatives. (3) 2 individuals appointed by the Minority Leader of the House of Representatives. (4) 2 individuals appointed by the Majority Leader of the Senate. (5) 2 individuals appointed by the Minority Leader of the Senate. (b) Qualifications.-- (1) In general.--Members shall be experts in the subjects of labor and employment. (2) Political affiliation.--Political affiliation shall not be a determining factor in the appointment of members. (c) Deadline for Appointment.--Every original member shall be appointed to the Commission within 3 months after the date of the enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Basic Pay.--Members shall not be paid by reason of their service as members. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--9 members shall constitute a quorum for conducting the business of the Commission, but a lesser number may hold hearings. (h) Chairperson.--The members shall elect 1 member to act as the Chairperson of the Commission (in this Act referred to as the ``Chairperson''). (i) Meetings.--The Commission shall meet at the call of the Chairperson. SEC. 5. STAFF OF COMMISSION. (a) Staff.--The Chairperson may appoint and fix the pay of Commission personnel as the Chairperson considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission 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 provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Staff of Federal Agencies.--Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of the department or agency to assist the Commission in carrying out the duties of the Commission. SEC. 6. POWERS OF COMMISSION. (a) Hearings and Sessions.--The Commission may hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate to carry out this Act. The Commission may administer oaths or affirmations to witnesses appearing before the Commission. (b) Powers of Members and Agents.--The Commission may delegate to a member or agency any authority of the Commission under this subsection or subsection (e) or (h). (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chairperson, the head of the department or agency shall furnish the information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties. (f) Immunity.--The Commission is an agency of the United States for purposes of part V of title 18, United States Code (relating to immunity of witnesses). (g) Subpoena Power.-- (1) In general.--The Commission may issue a subpoena to require the attendance and testimony of witnesses and the production of evidence relating to any matter described in section 3. (2) Failure to obey an order or subpoena.--If a person refuses to obey an order or subpoena of the Commission that is issued in connection with a Commission hearing, the Commission may apply to the United States district court in the judicial district in which the hearing is held for an order requiring the person to comply with the subpoena or order. (h) Contract Authority.--The Commission may contract with and compensate government or private agencies or persons for supplies or services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 7. REPORT OF COMMISSION. The Commission shall transmit a report to the President and the Congress not later than 1 year after the date that all original members have been appointed to the Commission. The report shall contain a detailed statement of the findings, conclusions, and recommendations of the Commission. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after submitting the report required by section 7. SEC. 9. BUDGET ACT COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriations Acts.

Presidential Commission to Study Employment and Economic Insecurity in the American Workforce Act - Establishes the Presidential Commission to Study Employment and Economic Insecurity in the American Workforce, which shall examine and report to the President and the Congress on: (1) the issues of economic and psychological insecurity of members of the workforce in the United States caused by employment dislocation; (2) the relationship between the psychological stress caused by economic and employment insecurity and the increased violence by employees and former employees in the workplace; and (3) the economic and psychological effects of the decreasing number of well-paid jobs on members of the workforce in the United States. Requires the Commission to recommend potential solutions, including legislation and administrative action, to alleviate the problems of economic and psychological insecurity of members of the workforce in the United States.

Presidential Commission to Study Employment and Economic Insecurity in the American Workforce Act

SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Physician Shortage Elimination Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) The average life expectancy in the United States has increased to 80 years of age, causing an ever-increasing demand for medical care. (2) In 1975, United States medical schools graduated approximately 12,716 physicians. Half of these physicians entered programs of medical studies as graduates of United States colleges and universities. The other half consisted of graduates of foreign institutions admitted to United States medical schools under the J-1 Visa Program. (3) Presently, the number of applicants, foreign and domestic, seeking admission to United States medical schools has decreased to approximately 39,109. (4) During the last 20 years, median tuition and fees at medical schools have increased by 229 percent (122 percent adjusted for inflation) in private schools and by 479 percent (256 percent adjusted for inflation) in public schools. (5) The Association of American Medical Colleges, in its Statement on the Physician Workforce, dated June, 2006, called for an increase of 1,500 National Health Service Corps program awards per year to help meet the need for physicians caring for underserved populations and to help address rising medical student indebtedness. (6) The National Health Service Corps program has a proven record of supplying physicians to underserved areas, and has played an important role in expanding access for underserved populations in rural and inner city communities. (7) Continued expansion of the National Health Service Corps program is strongly recommended. (8) The growing debt incurred by graduating medical students is likely to increase the interest and willingness of graduates of United States medical schools to apply for National Health Service Corps program funding and awards. (9) One third (250,000) of active physicians are over the age of 55 and are likely to retire in the next ten years, while the population will have increased by 24 percent. These demographic changes will cause the population-to-physician ratio to peak by the year 2020. (10) The Indiana State Medical Licensing Board has estimated that in 20 years there will be 200,000 fewer physicians available to deliver medical services. (11) In 2005, the Council on Graduate Medical Education stated in a report to Congress that there will be a shortage of not fewer than 90,000 full-time physicians by 2020. (12) A decrease in Federal spending to carry out programs authorized by title VII of the Public Health Service Act threatens the viability of programs used to solve the problem of inadequate access to health care. (13) A continuing decline in the number of family physicians may lead to renewed shortages of safety net and rural physicians. (14) There is a declining ability to recruit qualified medical students from rural and underserved areas, coupled with greater difficulty on the part of community health centers and other clinics to attract adequate personnel. SEC. 3. REAUTHORIZATION OF NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM AND LOAN REPAYMENT PROGRAM. (a) Reauthorization of Appropriations.--Section 338H(a) of the Public Health Service Act (42 U.S.C. 254q(a)) is amended by striking ``$146,250,000'' and all that follows through the period and inserting ``$300,000,000 for each of fiscal years 2007 through 2011.''. (b) Scholarships for Medical Students.--Section 338H of such Act is further amended by adding at the end the following: ``(d) Scholarships for Medical Students.--Of the amounts appropriated under subsection (a) for a fiscal year, the Secretary shall obligate $30,000,000 for contracts for scholarships under this subpart to individuals who are accepted for enrollment, or enrolled, in a course of study or program described in section 338A(b)(1)(B) that leads to a degree in medicine or osteopathic medicine.''. SEC. 4. REAUTHORIZATION OF CERTAIN PROGRAMS PROVIDING GRANTS FOR HEALTH PROFESSIONS TRAINING FOR DIVERSITY. (a) Grants for Centers of Excellence.--Section 736(h)(1) of the Public Health Service Act (42 U.S.C. 293(h)(1)) is amended by striking ``$26,000,000'' and all that follows through ``2002'' and inserting ``$33,610,000 for each of fiscal years 2007 through 2011''. (b) Educational Assistance for Individuals From Disadvantaged Backgrounds.--Section 740(c) of such Act (42 U.S.C. 293d(c)) is amended by striking ``$29,400,000'' and all that follows through the period and inserting ``$35,650,000 for each of fiscal years 2007 through 2011.'' . SEC. 5. EXPANSION OF RESIDENCY TRAINING PROGRAMS AND PRIMARY CARE SERVICES OFFERED BY COMMUNITY HEALTH CENTERS. Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended-- (1) by adding before section 747 the following: ``Subpart I--In General''; and (2) by adding after section 748 the following: ``Subpart II--Additional Programs ``SEC. 749. GRANTS TO EXPAND MEDICAL RESIDENCY TRAINING PROGRAMS AT COMMUNITY HEALTH CENTERS. ``(a) Program Authorized.--The Secretary may make grants to community health centers-- ``(1) to establish, at the centers, new or alternative- campus accredited medical residency training programs affiliated with a hospital or other health care facility; or ``(2) to fund new residency positions within existing accredited medical residency training programs at the centers and their affiliated partners. ``(b) Use of Funds.--Amounts from a grant under this section shall be used to cover the costs of establishing or expanding a medical residency training program described in subsection (a), including costs associated with-- ``(1) curriculum development; ``(2) equipment acquisition; ``(3) recruitment, training, and retention of residents and faculty; and ``(4) residency stipends. ``(c) Applications.--A community health center seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(d) Preference.--In selecting recipients for a grant under this section, the Secretary shall give preference to funding medical residency training programs focusing on primary health care. ``(e) Definition.--In this section: ``(1) The term `accredited', as applied to a new or alternative-campus medical residency training program, means a program that is accredited by a recognized body or bodies approved for such purpose by the Accreditation Council for Graduate Medical Education, except that a new medical residency training program that, by reason of an insufficient period of operation, is not eligible for accreditation on or before the date of submission of an application under subsection (c) shall be deemed accredited if the Accreditation Council for Graduate Medical Education finds, after consultation with the appropriate accreditation body or bodies, that there is reasonable assurance that the program will meet the accreditation standards of such body or bodies prior to the date of graduation of the first entering class in that program. ``(2) The term `community health center' means a health center as defined in section 330. ``SEC. 749A. GRANTS TO IMPROVE DELIVERY OF PRIMARY CARE SERVICES IN COMMUNITY HEALTH CENTERS. ``(a) Primary Care Access Grants.-- ``(1) Program authorized.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to community health centers for the purpose of increasing the number of medical service providers associated with such centers. ``(2) Grants.--A recipient of a grant under this subsection shall be eligible to receive such grants for a total of 5 fiscal years. ``(3) Use of funds.--A recipient of a grant under this subsection shall use amounts from the grant for one or more of the following activities: ``(A) To recruit residents for medical residency training programs at the community health center. ``(B) To establish a multi-community physician mentoring program to encourage upper level residents to remain in the State in which the community health center and medical residency training program are located. ``(C) To enter into contracts for technical assistance for the purpose of recruiting or retaining primary health care staff. ``(D) To enter into contracts for technical assistance in preparing contracts with local providers of primary health care to provide services for medically underserved communities. ``(4) Application.--A community health center seeking a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(b) Grants for Primary Care Facility Capital Expenditures.-- ``(1) Program authorized.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, may make grants to community health centers for the purpose of increasing primary health care capabilities through the construction, expansion, or renovation of facilities. ``(2) Grants.--A recipient of a grant under this subsection shall be eligible to receive such grants for a total of 5 fiscal years. ``(3) Use of funds.--A recipient of a grant under this subsection shall use amounts from the grant for one or more of the following activities: ``(A) To acquire or lease facilities. ``(B) To construct new facilities. ``(C) To repair or modernize existing facilities. ``(D) To purchase or lease medical equipment. ``(c) Definition.--The term `community health center' means a health center as defined in section 330. ``SEC. 749B. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated $200,000,000 for fiscal year 2007 and such sums as may be necessary for each fiscal year thereafter to carry out this subpart.''.

United States Physician Shortage Elimination Act of 2007 - Amends the Public Health Service Act to authorize appropriations for FY2007-FY2011 to: (1) carry out the National Health Service Corps Scholarship Program and Loan Repayment Program to assure an adequate supply of physicians and other health professionals to provide primary health services; (2) assist schools in supporting programs of excellence in health professionals education for underrepresented minority individuals; and (3) assist individuals from disadvantaged backgrounds to undertake education to enter a health profession. Allows the Secretary of Health and Human Services to make grants to community health centers to: (1) establish new or alternative-campus accredited medical residency training programs affiliated with a hospital or other health care facility; or (2) fund new residency positions within existing accredited medical residency training programs at the centers and their affiliated partners. Requires the Secretary to give preference to funding medical residency training programs focusing on primary health care. Allows the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to community health centers to: (1) increase the number of medical service providers associated with such centers; and (2) increase primary health care capabilities through the construction, expansion, or renovation of facilities.

To amend the Public Health Service Act to increase the number of primary care physicians serving health professional shortage areas, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity for Visual Artists Act of 2011''. SEC. 2. DEFINITIONS. Section 101 of title 17, United States Code, is amended by-- (1) inserting after the definition of ``architectural work'' the following: ``For purposes of section 106(b), `auction' means a public sale run by an entity that sells to the highest bidder works of visual art in which the cumulative amount of such works sold during the previous year is more than $25,000,000 and does not solely conduct the sale of visual art by the entity on the Internet.''; (2) inserting after the definition of ``proprietor'' and prior to the definition of ``pseudonymous work'' the following: ``For purposes of section 106(b), `price' is the aggregate of all installments paid in cash or in-kind by or on behalf of a purchaser for a work as the result of auction of that work.''; (3) inserting at the end of the definition of ``Publication'' the following: ``For purposes of section 106(b), in the case of a work of visual art as defined in this section, a publication does not include photographic reproductions or other images of the work, including castings of a sculptural work, made or distributed prior to January 1, 1978, in connection with the exhibition of such work by a gallery or museum, whether for purposes of sale of the original work, or in connection with any publication authorized by a gallery or museum in possession of the work regardless of whether such publication was with the consent of the author. In no other circumstances is a work of visual art considered to have been published prior to January 1, 1978, unless such publication has been authorized by the express written consent of the author of such work.''; (4) inserting after the definition of ``registration'' and prior to the definition of ``sound recordings'' the following: ``For purposes of sections 106(b) and 701(b)(5), `sale' means transfer of ownership or physical possession of a work as the result of the auction of that work.''; and (5) amending paragraph (1) of the definition of a ``work of visual art'' to read as follows: ``(1) a painting, drawing, print, sculpture, or photograph, existing either in the original embodiment or in a limited edition of 200 copies or fewer that bear the signature or other identifying mark of the author and are consecutively numbered by the author, or, in the case of a sculpture in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author; or''. SEC. 3. EXCLUSIVE RIGHTS. Section 106 of title 17, United States Code, is amended by-- (1) inserting ``(a)'' before ``Subject to sections 107 through 122''; and (2) adding at the end the following: ``(b)(1) In this subsection, the term `net royalty' means the royalty amount collected less administrative expenses of the visual artists' collecting society. In no case shall the administrative expenses of the visual artists' collecting society subtracted from the royalty amount collected exceed 18 percent. ``(2) Whenever a work of visual art is sold as the result of auction of that work by someone other than the artist who is the author of the work, the entity that collects the money or other consideration paid for the sale of the work shall, within 90 days of collecting such money or other consideration, pay out of the proceeds of the sale a royalty equal to 7 percent of the price. Such royalty shall be paid to a visual artists' collecting society. The collecting society shall distribute, no fewer than 4 times per year, 50 percent of the net royalty to the artist or his or her successor as copyright owner. After payment to the artist or his or her successor as copyright owner, the remaining 50 percent of the net royalty shall be deposited into an escrow account established by the collecting society for the purposes of funding purchases by nonprofit art museums in the United States of works of visual art authored by living artists domiciled in the United States. The right to receive such royalty and the obligation to deposit the remaining share of sale proceeds into the escrow account provided in this subsection may not be waived by the artist or his successor as copyright owner. Failure of the entity collecting the money or other consideration resulting from the sale of the work to pay the royalty provided under this section shall constitute an infringement of copyright. Any such infringement shall be subject to the payment of statutory damages under section 504. ``(3) Paragraph (2) shall not apply to the sale of a work for a gross sales price of less than $10,000, or in exchange for property with a fair market value of less than $10,000.''. SEC. 4. NOTICE OF COPYRIGHT. Section 401 of title 17, United States Code, is amended by adding at the end the following: ``(e) Non Applicability to Works of Visual Art.--The provisions of this section shall not apply to a work of visual art.''. SEC. 5. COPYRIGHT OFFICE. Section 701(b) of title 17, United States Code, is amended by-- (1) redesignating paragraph (5) as paragraph (6); and (2) inserting after paragraph (4) the following: ``(5) Issue regulations governing visual artists' collecting societies pursuant to section 106(b), which shall, at a minimum-- ``(A) establish a process by which entities would be determined to be and designated as visual artists' collecting societies; ``(B) require that a visual artists' collecting society authorized to administer royalty collections and distributions under this title shall have had prior experience in licensing the copyrights of authors of works of visual art in the United States, or have been authorized by no fewer than 10,000 authors of works of visual art, either directly or by virtue of reciprocal agreements with foreign collecting societies, to license the rights granted under section 106; ``(C) exclude any entity from being considered a visual artists' collecting society where, after having been designated a visual artists' collecting society, the royalties collected for at least 5 consecutive years have not been distributed directly to authors after deduction of administrative expenses; ``(D) establish the methodology and procedures pursuant to which visual artists' collecting societies shall make grants to nonprofit museums for the purchase of works with the escrow funds provided in this section, after notice and opportunity to comment, including-- ``(i) the criteria to be used by the visual artists' collecting societies for application by nonprofit art museums for the purchase of works out of the funds held in escrow for that purpose by such societies; ``(ii) the amount of the maximum grant for the purchase of an individual work of visual art; ``(iii) the maximum amount that may be granted to a nonprofit museum; and ``(iv) criteria for the award of grants when the amounts requested exceed the total amount of funds held in escrow; ``(E) require that each such society provide the Register of Copyrights with an annual audit of royalty funds collected under section 106(b)(1) that includes the total amount received from the sales of works of visual art, the total amount paid in distributions to artists or, if deceased, to their successors as owners of copyright, and the total amount paid in grants to each nonprofit museum for the purchase of works of visual art; and ``(F) make publicly available an annual report to the Congress setting forth the total amount of royalties received by each visual artists' collecting society and the amount disbursed to each nonprofit art museum receiving a grant or grants from the escrow funds established by each visual artists' collecting society. Except as necessary for the report to Congress required pursuant to subparagraph (F), the Register of Copyrights shall not disclose any confidential or proprietary information provided to it in the annual audits made available pursuant to this section.''. SEC. 6. COPYRIGHT OFFICE FEES. Section 708(a) of title 17, United States Code, is amended-- (1) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (2) by inserting after paragraph (9) the following: ``(10) for expenses associated with carrying out its responsibilities under section 701(b)(5), provided that such fees shall be paid out of the total royalty payments received by collecting societies pursuant to section 106(b), before deduction of such societies' administrative expenses; and provided further, that following the initial rulemaking necessary to carry out its obligations under section 701(b)(5), such fees shall not exceed 5 percent of the total annual amount of royalties received by such collecting societies;''; and (3) in the matter following paragraph (12), as so redesignated, in the second sentence, by striking ``(10) and (11)'' and inserting ``(11) and (12)''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act.

Equity for Visual Artists Act of 2011 - Requires, whenever a work of visual art is sold for at least $10,000 at an auction by someone other than the authoring artist, that the entity collecting the money or other consideration pay a royalty equal to 7% of the price to a visual artists' collecting society. Defines an "auction" as public sale run by an entity that: (1) sells to the highest bidder works of visual art in which the cumulative amount of such works sold during the previous year is over $25 million, and (2) does not solely conduct the sale of such visual art on the Internet. Requires the collecting society to: (1) distribute half of the net royalty to the artist or their successor as copyright owner, and (2) deposit the other half into an escrow account to fund purchases by U.S. nonprofit art museums of works of visual art authored by living artists domiciled in the United States. Establishes a copyright infringement offense for the failure of the entity collecting the money or other consideration to pay such a royalty. Subjects an infringer to the payment of statutory damages. Excludes works of visual art from copyright notice procedures. Directs the Register of Copyrights to issue regulations governing the designation and oversight of visual artists' collecting societies. Requires that specified fees be paid to the Register out of the total royalty payments received by collecting societies.

To amend the copyright law to secure the rights of artists of works of visual art to provide for royalties, and for other purposes.

SECTION 1. SHORT TITLE. This Act may be cited as the ``Accountability in Deferred Prosecution Act of 2008''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``deferred prosecution agreement'' means an agreement between a Federal prosecutor and an organization to conditionally defer prosecution of that organization in a criminal case in which charges are filed; (2) the term ``nonprosecution agreement'' means an agreement between a Federal prosecutor and an organization to conditionally decide not to file criminal charges against the organization; (3) the term ``organization'' means a person or entity other than an individual; and (4) the term ``independent monitor'' means a person or entity outside the Department of Justice that is selected to oversee the implementation of a deferred prosecution agreement or nonprosecution agreement. SEC. 3. LEGAL EQUIVALENCE OF NONPROSECUTION AGREEMENT AND DEFERRED PROSECUTION AGREEMENT. A nonprosecution agreement shall be subject to all the requirements this Act and other law imposes on deferred prosecution agreements. SEC. 4. ADMINISTRATIVE GUIDELINES ON AGREEMENTS. (a) In General.--In order to promote uniformity and to assist prosecutors and organizations as they negotiate and implement deferred prosecution agreements and nonprosecution agreements, the Attorney General shall, not later than 90 days after the date of the enactment of this Act, issue public written guidelines for deferred prosecution agreements and nonprosecution agreements. (b) Matters Guidelines To Cover.--The guidelines issued under this section shall provide direction in the following areas: (1) The circumstances in which an independent monitor is warranted for the agreement, the duties and authority of such a monitor, and to whom the monitor owes those duties. (2) What terms and conditions are appropriate in the agreement, including when, whether, and the degree to which Federal prosecutors should seek monetary penalties, restitution, civil settlements, and post-monitoring conditions. (3) Whether the agreement should include some or all of the requirements of section 8B2.1 of the United States Sentencing Guidelines for compliance and ethics programs. (4) The process by which the Department of Justice decides that the organization has successfully satisfied the terms of the agreement. (5) The manner and method for determining a breach of the agreement. (6) The extent of joint involvement of regulatory agencies in connection with the agreement and the division of responsibilities with those agencies. (7) The period during which the agreement should remain in effect. (8) What constitutes the cooperation, if any, required by the agreement from the organization and its employees with respect to any ongoing criminal investigations, including the length of the obligation to cooperate. (9) When and why it would be appropriate for Federal prosecutors to enter into a nonprosecution agreement rather than a deferred prosecution agreement. SEC. 5. SELECTION AND COMPENSATION OF INDEPENDENT MONITORS OF AGREEMENTS. (a) Rules for Selection of Monitors.--The Attorney General shall establish rules for the selection of independent monitors in connection with deferred prosecution agreements. (b) National List of Possible Monitors.--Such rules shall provide for the creation of a national list of organizations and individuals who have the expertise and specialized skills necessary to serve as independent monitors. The Attorney General shall place the list on the public website of the Department of Justice. (c) Open Selection Process.--Such rules shall also provide for an open, public, and competitive process for the selection of such monitors. The Department of Justice shall, subject to the approval of the court, appoint the independent monitor from the national list created under this section. (d) Compensation.--The Attorney General shall establish a fee schedule for the compensation of independent monitors and their support staff, and place that fee schedule on the public website of the Department of Justice. Before a deferred prosecution agreement that entails monitoring is entered into, this schedule shall also be provided to each organization that is to be monitored pursuant to that agreement. SEC. 6. RESTRICTIONS RELATING TO AGREEMENTS. (a) Payments to Unrelated Third Parties.--A deferred prosecution agreement shall not require an organization to pay money to a third party, other than a monitor or the monitor's staff, if the payment is unrelated to the harm caused by the defendant's conduct that is the basis for the agreement. (b) Impartiality in Selection of Independent Monitors.--Attorneys who are or might participate in the prosecution of the case against an organization to be monitored shall have no role in the selection of the independent monitor, other than suggesting qualifications for the monitor. (c) Treatment of Violations as Conflicts of Interest.--The Attorney General shall take appropriate steps to treat a violation of this section as a conflict of interest and to remedy any such conflicts of interest. SEC. 7. JUDICIAL OVERSIGHT OF AGREEMENTS. (a) Court Approval of Agreement.--The Government shall file each deferred prosecution agreement in an appropriate United States district court. The court shall approve the agreement if the court determines the agreement is consistent with the guidelines for such agreements and is in the interests of justice. The agreement shall take effect on the approval of the court. (b) Quarterly Reports.--Each party to the agreement and any independent monitor required under the agreement shall submit to the court in which the agreement is filed quarterly reports on the progress made toward the completion of the agreement, and describing any concern the filer has about the implementation of the agreement. In the final quarterly report, the independent monitor shall include a full and itemized statement of the work done and the compensation earned for that work. (c) Court Review.--The court shall, on motion of any party or the independent monitor if there is one, review the implementation or termination of the agreement, and take any appropriate action, to assure that the implementation or termination is consistent with the interests of justice. SEC. 8. PUBLIC DISCLOSURE RELATING TO DEFERRED PROSECUTION AGREEMENTS. (a) Disclosure on Department of Justice Website.--Upon the taking effect of a deferred prosecution agreement, the Attorney General shall place the text of the agreement on the public website of the Department of Justice, together with all the terms and conditions of any agreement or understanding between an independent monitor appointed pursuant to that agreement and the organization monitored. (b) Exceptions Approved by Court.--Subject to the limitation in subsection (c), the court may, upon petition of any interested party, approve an exception to the requirements of this section for good cause shown. Good cause includes that the information proposed to be excepted from the requirements is proprietary, confidential, or a trade secret. (c) Minimum Disclosure.--The court may not approve an exception from the requirements of this section for the fact that the deferred prosecution agreement has been filed with the court, the name of the organization to which it pertains, or the identity and financial terms agreed upon with respect to any independent monitor chosen in connection with the agreement.

Accountability in Deferred Prosecution Act of 2008 - Requires the Attorney General to: (1) issue public written guidelines for deferred prosecution agreements and nonprosecution agreements; (2) establish rules for the selection of independent monitors for deferred prosecution agreements; and (3) place the text of deferred prosecution agreements on the public website of the Department of Justice (DOJ). Defines "deferred prosecution agreement" as an agreement between a federal prosecutor and an organization to conditionally defer criminal prosecution of that organization. Defines "nonprosecution agreement" as an agreement between a federal prosecutor and an organization to conditionally decide not to file criminal charges against the organization. Requires a deferred prosecution agreement to be filed in an appropriate U.S. district court. Requires such court to approve an agreement if it is consistent with the guidelines for such agreements and is in the interests of justice.

To regulate certain deferred prosecution agreements and nonprosecution agreements in Federal criminal cases.